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HomeMy WebLinkAboutElliott Industrial Company (Butte Fence) CUPOFFICIALS WILLIAM G. BERG, Jr., Clty Clsrk JANICE L GABS, Clty Tressurer GARY D. SMITH, P.E. Clty Enplnee- BRUCE D. STUART, Wete- Works Supt. JOHN T. SHAWCROFT, Wasts Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P Q Z Adm. KENNETH W. BOWERS, fire Chief W. L "BILL" GORDON, Police Chlel WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 8874813 Public Works/Bttilding Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALDR.TOLSMA MAX YERRINOTON ROBERT O. CORRIE WALT W. MORROW P ti Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI -•;~ JIM8HEARER ~'" CHARLIE ROUNTREE ~~ ~ TIMHEPPER C I ~ ~ ~~~~ CITY OF ~~~IDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~Vovember 7. 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: Conditional Use Permit for Butte Fence BY: -Elliott Industrial Comg_any LOCATION OF PROPERTY OR PROJECT:- 2065 E. Fairivew Avenue JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 -TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLATT INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: ELLIOTT INDUSTRIAL COMPANY PHONE:208-939-0784 424 PEBBLE BEACH WAY EAGLE ID 83616 ADDRESS: GENERAL LOCATION: 2065 FAIRVIEW E MERIDIAN, ID 83642 DESCRIPTION OF PROPOSED CONDITIONAL USE: Property wi 11 house business known as BUTTE FENCE: wholesale and retail vinyl products, primarily fencing. ZONING CLASSIFICATION: R1 to CG- PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contained herein is true and correct. Signature of Applicant Social Security Number 519-88-6997 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by E L L I OTT INDUSTRIAL , CO . for the property generally described as located at 2065 FAIRVIEW EAST MERIDIAN (PLEASANT VALLEY SUBDIVISION) 87104251800 Parcel # 1800 SUBDIVISION, BLOCK ,LOT 6 TO • CONDITIONAL USE PERMIT APPLICATION 2065 FAIRVIEW EAST MERIDIAN 1. Applicant: Elliott Industrial Company, an Idaho Corporation Chuck Elliott 424 Pebble Beach Way Eagle, Idaho 83616 (208) 939-0784 2. Owner: Elliott Industrial Company, an Idaho Corporation Chuck Elliott 424 Pebble Beach Way Eagle, Idaho 83616 (208) 939-0784 3. Legal Description: 87104251800 Parcel # 1800 of Lot 6 Pleasant Valley Subdivision Meridian, Idaho 4. Proof of Ownership: see attached warranty deed 5. Description of existing use: Residential with shops. 6. Present use: Vacant as of November 1, 1995 7. Proposed use: BUTTE FENCE wholesale and retail sales of vinyl products, primarily fencing 8. Zoning: Rl (to CG) 9. Vicinity map: see accompany copies (30) 10. Need for conditional use permit: Property is presently zoned Rl and the intent use is for a commercial business. Surrounding property is primarily commercial and Meridian comprehensive plan indicates intent to zone commercial. 11. Surrounding property owners: PLEASANT VALLEY SUBDIVISION 87104250950 Arthur & RueLa Edwards 87104250960 A & R Green Thumb 2255 E Fairview ~~ - Meridian, ID 83642 87104250970 87104251200 87104251530 Pine Street Developments 12002 Fiddler Dr Boise, ID 83704 Lee & LeeAnn Longson 3497 Holl Dr • Eagle, ID 83616 87104251625 51105346715 51105346655 51105346615 John & Deborah Wadsen 4844 Cresthaven Boise, ID 83704 Sara Ewing 1500 Eldorado Ste 4 Boise, ID 83704 Gray Sr & Timbre Wolfe 9380 Fairview Boise, ID 83704 Westside Bible Chapel 3108 5 Whitepost Eagle, ID 83616 51105336404 Avest Limited Partnership c/o Roger Allen 6904 Randolph Dr Boise, ID 83709 12. Fee: $275.00 + $11.36 (8 * 1.42) _ $286.36 13. We understand we are responsible for sewer, water or trash fees or charges associated with the commercial use of this property. 14. We have read the contents of the City of Meridian's application for a Conditional Use Permit and verify that the information submitted in this application is true and correct. 15. We understand and agree to posting a notice on the property of application for Conditional Use Permit one week before the hearing. Chuck Elliott Date Elliott Industrial Co. t Charles i holas Dat Appttorney at Law, Notary `l~ G s~l:,,~ ~. ~ niSr ~ ~.rSlaDuj ~x~ises La~~.b1~~, ~. _ • EXHIBIT A • ~, . •.; FDe Number. P142046 A PART OF LOT 6, PLEASANT VALLEY SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF. FILED IN BOOK 12 OF PLATS AT PAGE 665, RECORDS OF ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 6 ~ PLEASANT VALLEY SUBDIVISION, IN THE WEST 1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EASY, OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, DESIGNATED AS 7HE POINT OF BEGINNING; THENCE SOUTHERLY ALONG THE WEST BOUNDARY LINE 450.5 FEET TO A POINT; THENCE EASTERLY AT A 90 DEGREES ANGLE 100 FEET TO A POIN~f; THENCE NORTHERLY AND PARALLEL TO THE WEST BOUNDARY OF LOT 6. 450.5 FEET TO A POINT; THENCE WESTERLY AND PARALLEL TO FAIRVIEW AVENUE 100 FEET TO THE POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A STRIP OF LAND LYING SITUATED BETWEEN THE NORTH LINE OF LOT 6 OF THE PLEASANT VALLEY SUBDiVi510N, AND A LINE PARALLELTO ANp DISTANCE 50.0 FEET SOUTHERLY FROM THE FOLLOWING DESCRIBED CENTER LINE OF HIGHWAY AS SURVEYED AND SHOWN ON THE OFFICIAL PLAT OF U.S. 30, PROJECT N0. F3281(5) HIGHWAY SURVEY ON FILE IN THE OFFICE OF THE DEPARTMENT OF HIGHWAYS OF THE STATE OF IDAHO, AND LYING IN A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION e, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS FOLLOWS: BEGINNING AT STATION ~86+61.0 OF THE SAID HIGHWAY SURVEY, WHICH STATION IS A POINT ON TANGENT APPROXIMATELY 10.2 FEET NORTH AND 1161.6 FEET WEST FROM THE NORTH QUARTER CORNER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN: THENCE RUNNING SOUTH 89 DEGREES 58' EAST, 193.7 FEET TO STATION 88+54.7 OF SAID SURVEY, WHICH STATION IS A POINT ON TANGENT APPROXIMATELY 8.5 FEET NORTH AND 967.9 FEET WEST FROM THE NORTH QUARTER CORNER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. END OF LEGAL DESCRIPTION ~ ';~~ ~ ~ •o~ zdixssnaui zioi~z~ ~~ ~ ~~u~~ sins 0 a FY 4 ~ w ° t ~z ~~ s ~ ~ Y ~~ ~' ~~ ~ ~~ ~ p ~ !~ ~ ~1 ..,..,......,.,~...,._, ~ s anoao ar-n a}tr.- ~ a ~~, ~~~~~ ~ ~4Qa~¢a#~~ ~~ ` ~ ~~ ~~' 1 ~ ~ ~ ~ t ~ ~ ! ~~ ~~ ~~~~~~ ~a~a~~ ., ••i, PIUNL''L''lt TI'TLL COMPA~ OF ADA COUNTY I 821 Wesl Stale Street /Boise, Idaho 83702 (208) 336-6700 888 Nortll Cole Road /Boise, Idaho 83704 (208) 377-2700 Reviewed and approved by: ~ ~%~ it F'IC)1.1.F.F.tt T'IIT.f= • '9~ U~ ~ I'(~ ~' 2G .: I- - , dD .. ct fi~it .. .. : ST t` SI'ACCs AIIOVIi FOR RECORDING DATA u,~w~r~~t;:~zuw~aG~a~>a~~~~a~>G~~s~~ara~~~ti~tr,~ ~~~~a>~~.a~ri><rfa>a~>QU;~ ~a~>u~Grau-s~a~ WARRANTY DEED (INDIVIDUAL) FOR VALUE RECEIVED CItARLES C. HARVEY, JR., an unmarried man and iCARIN L. HAGAN, an unmarried woman GRANTOR(S) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto ELLIOTT INDUSTRIAL CO., INC., an Idaho corporation GRANTEE(S), whose current address is: 424 Pebble Beach, Eagle, ID 83616 the following described real properly is Ada County, Slate of Idaho, more particularly described as follows, to wit: _ SEE LEGAL DESCRIPTION EXHIBIT "A" ATTACIIED ktERETO AND MADE A PART tiCREOF. Cl_I~1'IFI~1~ 70 ~E A 7itUE ANO CORRECT t.,01'Y OF THE ORI^ ;~Jt PINE TIjLE F'AtJY BY• ~ TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the said Grroucc(s-, the Grantor(s) is/arc the owner(s) hl fee simple of said premises; that said premises arc free from all cncumbrmucs, LiXClil''1' those Io which This couvcymrcc is cxprculy made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restriclions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, includes irrigation and olilily assessments, (if airy) for the current year, which are not yet due and payable, and that Grantor(s) will warrmll and defend the same from all lawful claims whatsoever. Dated: September 27, 1995 Z~I/ ' ~~~ V • , Jit. KA IN)r L. HA ANJ1..~=~~ t-7~bL./ ~~ STATE OF I AHO Couuty of"_Ada . ss. Onlhis dayof~gprP Pr ,inlheycarofJ9,Q5 .before me the undersi ned a Notary Fublic crsollally appeared known of idfn(it'iedYtsmre tQ-t?e•(hc person(s) whose name(s) r~- ~ subscribed to Ilse within ^~ instruoicllt :and ackno~vfe~lged to nu that ~ he ~ executed the same. . •f ~~ I'' ; i' •~~ r:- ; ~~ ? Notary Public. i~ -- • .. ~ I Itcsiclill x,11: _ OI E, ID~~ -7~- • ., r. ,,', •,,. ,,.... My Conunission,~xpires: ~1~_~~O ~~ 1 tat 1Dii^(1Lf i4t 1~f li/,1 (~(.>~ 1~t(l~( 1~/ 1 ~(i ~/ 1:1( h(l:(i~('A( 1;'( h( till l:~l 1'~ 11~~(1~ 1~1 lr i~ 1 f ~~"i 1~(1 (1„1 ~ ~( 1~! 1~! 1~~1 hi 1~! lr'! 1"( h! 1~ 1 (1.(1` • • Eagle, ID 83616 87104251625 John & Deborah Wadsen 4844 Cresthaven Boise, ID 83704 S1105346715 Sara Ewing 1500 Eldorado Ste 4 Boise, ID 83704 S1105346655 Gray Sr & Timbre Wolfe 9380 Fairview Boise, ID 83704 51105346615 Westside Bible Chapel 3108 S Whitepost Eagle, ID 83616 51105336404 Avest Limited Partnership c/o Roger Allen . 6904 Randolph Dr Boise, ID 83709 12. Fee: $275.00 + $11.36 (8 * 1.42) _ $286.36 13. We understand we are responsible for sewer, water or trash fees or charges associated with the commercial use of this property. 14. We have read the contents of the City of Meridian's application for a Conditional Use Permit and verify that the information submitted in this application is true and correct. 15. We understand and agree to posting a notice on the property of application for Conditional Use Permit one week before the hearing. ~:- /vii q1- Chuck Elliott Date Elliott Industrial Co. l Charles i olas Dat Attorney at Law, Notary ~cs:d:,,~ ~ ~ais~~ .44+0 ~K~~ses l0.~Zblg~, Y , . _ , . ~ EXHIBIT A • ~- "•; FAe Number. P1Q2046 A PART OF LOT 6, PLEASANT VALLEY SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF. FILED IN BOOK 12 OF PLATS AT PAGE 665, RECORDS OF ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 6~ PLEASANT VALLEY SUBDIVISION, IN THE WEST 1 /4 OF SECTION 8, TOWNSI-fIP 3 NORTH, RANGE 1 EAST, OF TFIE DOISE MERIDIAN, ADA COUNTY, IDAHO, DESIGNATED AS THE POINT OF BEGINNING: THENCC SOUTHERLY ALONG THE WEST BOUNDARY LINE 450.5 FEET TO A POINT; THENCE EASTERLY AT A 90 DEGREES ANGLE 100 FEET TO A POIN~f; THENCE NORTHERLY AND PARALLEL TO THE WEST BOUNDARY OF LOT 6, 450.5 FEET TO A POINT; THENCE WESTERLY AND PARALLEL TO FAIRVIEW AVENUE 100 FEET TO THE POINT OF BEGINNING. EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A STAID OF LAND LYING SITUATED BETWEEN THE NORTH LINE OF LOT 6 OF THE PLEASANT VALLEY SUBDIVISION, AND A LINE PARALLEL TO AND DISTANCE 50.0 FEET SOUTHERLY FROM THE FOLLOWING DESCRIBED CENTER LINE OF HIGHWAY AS SURVEYED AND SHOWN ON THE OFFICIAL PLAT OF U.S. 30, PROJECT NO. F3281(5) HIGHWAY SURVEY ON FILE IN THE OFFICE OF THE DEPARTMENT OF HIGHWAYS OF THE STATE OF IDAHO, AND LYING 1N A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION e, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS FOLLOWS: BEGINNING AT STATION ~86+6t.0 OF THE SAID HIGHWAY.SURVEY, WHICH STATION IS A POINT ON TANGENT APPROXIMATELY 10.2 FEET NORTH AND 1161.6 FEET WEST FROM THE NORTH QUARTER CORNER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN: THENCE RUNNING SOUTH 89 DEGREES 58' EAST, 193.7 FEET TO STATION 86+54.7 OF SAID SURVEY, WHICH STATION IS A POINT ON TANGENT APPROXIMATELY 8.5 FEET NORTH AND x67.9 FEET WEST __ MERIDIAN, ADA COUNTY, IDAHO.- __ _ _ . __ . END OF LFGAL DESCRIPTION • ~ .~ ,' ~~j ~ . ~ •o~ Zdigssnaui ssotzz~ ~~, ~ ~~x~~ ding a 0 8 Z e J IN ~{ ~~ J ~ W ~ ~ ~ s 4 ~ b Y i ~~ ~~ B ~ ~; ~ a ~ t~ ~ ;a anoa~ aem axa.= a ~~I ~i ~~~ ~f~ ~°~~~~ ~~~ ~ ~~ ~~ ~~s ~ s•~ ~x I sz. e ~~1 s r +i~~! ~ t t~ 8~l~:fix ~~ ~~ ~r~~~ ~~~~~~ • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on January 16, 1996, for the purpose of reviewing and considering the Application of Elliott Industrial Co. for a Conditional Use Permit for land located in Lot 6 of Pleasant Valley Subdivision, Boise Meridian, Ada County, Idaho, and which property is generally located at 2065 E. Fairview Avenue. The Application requests a Conditional Use Permit for Butte Fence: wholesale and retail vinyl products, primarily fencing. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22nd day of December, 1995. WILLIAM G. BERG, JR., I CLERK ~ ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on November 14, 1995, for the purpose of reviewing and considering the Application of Elliott Industrial Co. for a Conditional Use Permit for land located in Lot 6 of Pleasant Valley Subdivision, Boise Meridian, Ada County, Idaho, and which properly is generally located at 2065 E. Fairview Avenue. The Application requests a Conditional Use Permit for Butte Fence: wholesale and retail vinyl products, primarily fencing. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 26th day of October, 1995. .___ WILLIAM G. BERG, JR., CI ERK • Meridian City Council January 16, 1996 Page 50 MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 1 ACRE TO C-G BY ELLIOTT INDUSTRIAL CO.: ITEM #16: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR BUTTE FENCE BY ELLIOTT INDUSTRIAL CO.: Corrie: In reference of time I guess we could if the council desired we could also do the public hearing for a request for a conditional use permit at the same time. Morrow: That would be my preference. So moved Rountree: Second Corrie: Motion made and seconded that item 15 and 16 be approached for the public hearing at the same time, all those in favor? Opposed? MOTION CARRIED: All Yea Corrie: Anybody from Elliott Industrial here? Chuck Elliott, 424 Pebblebeach, Eagle, was sworn by the City Attorney. Elliott: Do you gentlemen have any questions on the facts and findings from the Planning and Zoning? Morrow: Mr. Elliott, if you would, would you give just say an overall presentation of what it is your planning on doing and what your desires are? Elliott: We are going to open up a vinyl fencing business, it is actually fencing, decking and railing wholesale and retail. There will be some retail traffic and some wholesale traffic. We will be a stocking dealership and we will also do some installation. Morrow: And is Butte Fence wholly owned by Elliott Industrial? Elliott: It is not,. it is Butte Fence Company it is owned by three partners of which I am one. Rountree: You are in agreement with all the findings and conclusions and comments from City staff? Meridian City Council January 16, 1996 Page 51 Elliott: Right, actually there was, I guess Gary is gone, but I found out from Pinnacle Engineering that we can't go along the north side of Fairview to connect to sewer but we are not going to have to along the south side according to the easement requirements, but we don't have a problem with that either. Corrie: Any further questions of Council? Anybody else from the public that would like to testify in reference to items 15 and 16? Hearing none I will close the public hearing? Counsel, do we need findings of fact and conclusions of law? Rountree: I have a question Mr. Mayor, is it customary to adopt findings of fact from P & Z? Crookston: Yes Rountree: Mr. Mayor I move we adopt _the findings of fact and conclusions of law as prepared by Planning & Zoning for both items 15 and 16. Morrow: Second Cowie: Motion is made and seconded that we approve the findings of fact and conclusions of law by the Planning and Zoning on items 15 and 16, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley, Rountree -Yea, Tolsma: Yea MOTION CARRIED: All Yea Morrow: Mr. Mayor, I would move that the City Council that the property set forth in the application be approved for annexation and zoning and the issuance of the conditional use permit under the conditions set forth in the findings of fact and conclusions of law. Tolsma: Second Cowie: The motion is made and seconded all those approve say aye? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Mayor, I would move that we instruct the City Attorney to prepare an ordinance of annexation and zoning for the property that we have just approved. Rountree: Second ~ ~ Meridian City Council January 16, 1996 Page 52 Corrie: Motion made and seconded that the City Attorney draw up and ordinance for the property just approved, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #17: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.35 ACRES TO R-4 FOR HAVEN COVE SUBDIVISION NO. 6 BY JOHN EDDY: Corrie: I will open the public hearing on number 17. Is there a representative for Haven Cove No. 6. Tom Eddy, 2630 West Pine, was sworn by the City Attorney. Eddy: Mr. Mayor and Councilman, this is a 1.3 acre subdivision consisting of five 8,000 square foot lots and one smaller lot that is a nonbuildable lot that will connect to Haven Cove No. 5 when it is platted (inaudible). It is adjacent to Haven Cove No. 5 and No. 4 and services (inaudible). I don't have anything else. I would be glad to answer any questions if you have any. Morrow: You are in agreement with, you have indicated in writing, but for the record you are in agreement with the staff questions and conditions. Eddy: Yes Corrie: Any other questions from Council? Thank you Mr. Eddy. Anybody else from the public that would like to make a statement in the public hearing? Hearing none I will close the public hearing on the annexation. Morrow: Mr. Mayor, I move that we adopt the findings of fact and conclusions as prepared for us by the Planning and Zoning Commission. Tolsma: Second Corrie: Motion is made and seconded that we approve the findings of fact and conclusions of law by the Planning and Zoning, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow: t move that the City Council of the City of Meridian approve the annexation and MERIDIAN CITY COUNCIL MEETING: JANUARY 16.1996 APPLICANT: ELLIOTT INDUSTRIAL CO. ITEM NUMBER; 16 REQUEST; PUBLIC HEARNG: REQUEST FOR A CONDITIONAL USE PERMIT FOR BUTTE FENCE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ~:7~ IT~'T1=I~~il SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS P 8 Z MINUTES FOR 11-14-95 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW SEE ATTACHED COMMENTS ~~~ OTHER: III Materials presented at public meetings shall become property of the City of Meridian. . ~ - • Meridian Planning & Zoning Commission November 14, 1995 Page 47 Johnson: Anyone else have any questions of John? Thanks John, is there anyone else that would like to come forward on this application? Any comments from staff other than those we already have in writing? I will close the public hearing at this time. This is a request for a conditional use permit, this would require findings of fact. Alidjani: Mr. Chairman I would make a motion we have the City Attorney prepare findings of fact and conclusions of law. Rountree: Second Johnson: It has been moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on the application by Dennis and Janet Butterfield, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1 ACRE TO C-G FOR BUTTE FENCE BY ELLIOTT INDUSTRIAL COMPANY: ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR BUTTE FENCE BY ELLIOTT INDUSTRIAL COMPANY: Johnson: So we will handle items 10 and 11 at this time, I will now open the public hearing and invite the applicant to come forward and address the Commission or his representative. Chuck Elliott, 424 Pebble Beach Way, Eagle, was sworn by the City Attorney. Elliott: This will be a vinyl fencing and decking company, wholesale and retail. Due to the hour are there any questions on the application? Johnson: This is early for us. Does anyone have any questions of Mr. Elliott? I assume you have reviewed the comments. Have you looked at the November 8 letter from Bruce Freckleton the City Engineer and do you have any comments regarding those? Elliott: Yes I have, item #1 I know that Pinnacle Engineering is in the process of re-doing the markings on the property. Johnson: Any other comments on those? Elliott: No, we plan, I don't see any problems with any of the recommendations. ,~. • • Meridian Planning & Zoning Commission November 14, 1995 Page 48 Hepper: What about the one from Shari Stiles? Did you get that one? Elliott: I don't see any problems with any of these either. The only one with the handicapped we do plan on moving the handicapped back closer to the door and is should be, the cement pad and it will be available for handicap purposes. Hepper: Ada County Highway District had a comment about something about some cross street ties? Elliott: Yes, we will coordinate those recommendations into our landscape plan. Hepper: I wasn't sure if that was a requirement or a comment by them. Elliott: It looked like it was a little bit of both. But I can understand due to the lot sizes along there and Ada County not wanting accesses every 100 feet. Hepper: So you will try to abide by whatever the recommendation is on that? Elliott: Yes Johnson: Any other questions? Thanks Chuck, this is a public hearing, would anyone else like to address this application before the Commission? Seeing no one then I will close the public hearing. We are addressing both items 10 and 11. Rountree: Mr. Chairman, I make a motion that we have findings of fact prepared for both items 10 and 11. Hepper: Second Johnson: The motion by Commissioner Rountree, seconded by Commissioner Hepper that the attorney prepare findings of fact and conclusions of law on the annexation and zoning request and also for the conditional use permit for Elliott Industrial Company, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR HAVEN COVE SUBDIVISION N0. 5 (AMENDED) BY INTERWEST DEVELOPMENT: Johnson: I will now open the public hearing, who here would like to address the Commission on this application? • HUB OF TREASURE VALLEY • WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Pollce Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor MEMORANDUM: To: Mayor, City Council, Planning & Zoning From: Bruce Freckleton, Assistant to City Engineer Re: BUTTE FENCE by Elliott Industrial Company (Request for Annexation & Zoning /Conditional Use Permit) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER November 8, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: • ANNEXATION & ZONING 1. The legal description submitted 11/6/95 doesn't describe the parcel indicated in the site plans and other supporting documentation. Please correct this error and resubmit a new legal description for the proposed site. The legal description shall include all those porkions of adjacent Public Rights-of--Way contiguous to the Corporate City Limits of the City of Meridian. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158. The legal description for annexation must place this parcel contiguous to the existing city limit boundary. • GENERAL 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, lateral users association or down stream users, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape imgation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. BUITE.PBcZ • • Mayor and Council November 9, 1995 Page 2 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414. D. 4 and 11-2-414. D. 5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted for all off-street parking areas and shall be approved by the City Engineer (Ord. 557, 10-1-91). 6. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414, D. 3. 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. 8. Water service to this site is contingent upon positive results from a hydraulic analysis by our computer model. • SITE SPECIFIC COMMENTS: 1. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. This information is very critical for determining the water serviceability of this proposal. 2. The City of Meridian owns and maintains a 10 inch diameter water main along the north side of Fairview Ave., approximately 90 from the subject parcel. A water service line will have to be extended across Fairview Avenue to service this site. 3. The City of Meridian owns and maintains an existing sanitary sewer main along the north side of Fairview Avenue to the Intersection of Dixie Lane where the main turns north up Dixie Lane. The center of the proposed Butte Fence site is approximately 200 feet east of the manhole in Dixie Lane. Meridian City Ordinance Section 7-517 requires use of the Municipal Sewer System when a property is within 300 feet of a City main. 4. Assessment fees for water and sewer service are determined during the building plan review process. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. BUITE.P&Z • • OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON JANICE L. GASS, City Treasurer City Engineer GARY D. SMITH P.E. CITY OF MERIDIAN O , , BRUCE D. STUART, Water Works Supt. WALT W. MORR W JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO P & Z COMMISSION DENNIS J. SUMMERS, Parks supt. IDAHO 83642 MERIDIAN SHARI L. STILES, P & Z Administrator , JIM JOHNSON, Chairman PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 JIM SHEARER W.L. "BILL" GORDON, Police Chief Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE WAYNE G. CROOKSTON, JR., Attorney TIM HEPPER GRANT P. KINGSFORD MEMORANDUM Mayor TO: Planning & Zoning Commission, Mayor and Council FROM: Sh s, Planning & Zoning Administrator DATE: November 9, 1995 SUBJECT: Request for Annexation and Zoning of C-G with a Conditional Use Permit for Butte Fence by Elliott Industrial Company 1. All outdoor storage of equipment and materials shall be screened from view from any existing adjoining residence or residentially zoned area and not located in any front yard setback area. Display area shall be uncluttered. 2. All off-street parking areas are to be paved per City Ordinance. 3. Ordinance requires one (1) three-inch (3") caliper tree for every 1,500 square feet of pavement. Landscaping shown far exceeds minimum requirements. A minimum landscape setback of 35' from required ACRD right-of-way will be provided. 4. Is it possible to locate the handicapped parking stall adjacent to the building? ADA requires a minimum of one (1) van accessible parking stall (8' access aisle). Install appropriate signage. 5. All ditches are to be tiled per City Ordinance. 6. Lighting shall not cause glare or adverse impact to residential properties or traffic on Fairview Avenue. 7. Detailed conditions of approval should be required in lieu of development agreement. 8. A Certificate of Occupancy is required prior to opening for business. 9. Commission and Council should carefully monitor future annexation and zoning requests in this area because of the numerous smaller parcels that could lead to "strip" development. I would recommend that the annexation and zoning of C-G with a Conditional Use Permit for wholesale and retail sales of vinyl products be approved with staff and agency conditions. BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN ELLIOTT INDUSTRIAL COMPANY ANNEXATION AND ZONING AND CONDITIONAL USE A PORTION OF LOT 6. PLEASANT VALLEY SUBDIVISION WEST 1/4 OF SECTION 8, T.3 N., R.1 E., B.M. MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on November 14, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two ( 2 ) consecutive weeks prior to the said public hearing scheduled for November 14, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at November 14, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 1 application is within the Area of Impact of the City of Meridian; that the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the property could be physically serviced with City water and sewer. 10. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and other uses. 11. That the Applicants representative, Chuck Elliott, testified at the Planning and Zoning hearing that the development would be a vinyl fencing and decking company, wholesale and retail; that in reference to the staff comment item #1 from the Assistant to the City Engineer, Bruce Freckleton, the legal description is being redone by Pinnacle Engineering; that the handicapped parking stall will be located closer to the building entrance with proper marking and that the Ada County Highway District's recommendation or suggestion, regarding some cross street ties, will be coordinated into the landscape plan. 12. That the Meridian Police Department, Fire Department, Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District submitted comments; that those FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 3 comments are incorporated herein by this reference as if set forth in full. 13. That Bruce Freckleton, the Assistant to the City Engineer commented that a legal description shall be submitted for the proposed site and shall include all those portions of adjacent public rights-of-way contiguous to the Corporate City Limits of the City of Meridian and 1/2 of all other adjacent public right-of- ways, and shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all the provisions of the City of Meridian Resolution No. 158; that water service is contingent upon positive results from a hydraulic analysis; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non- domestic purposes such as landscape irrigation; that a drainage plan designed by an architect or an engineer shall be submitted for all off-street parking areas; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; that all signage shall be in accordance with Meridian City Ordinances; that off-street parking, paving and stripping, a drainage plan, sidewalks, and signage shall all be provided in accordance with City Ordinances; that the paving and striping shall be in accordance with the Americans with Disabilities Act; that information on anticipated fire flow and domestic water FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 4 • requirements for the proposed site is critical for determining the water serviceability and needs to be provided to the Public Works Department; that the City of Meridian owns and maintains an existing sanitary sewer main along the north side of Fairview Avenue to the intersection of Dixie Lane where the main turns north up Dixie Lane; that the center of the proposed Butte Fence site is approximately 200 feet east of the manhole in Dixie Lane and that City Ordinance requires use of the Municipal Sewer System when a property is within 300 feet of a City main; that assessment fees for water and sewer service are determined during the building plan review process; that Late Comers fees will also be charged on installing the water and sewer mains to help reimburse the parties responsible for installing them. 14. That the Planning and Zoning Administrator, Shari Stiles, submitted comments and they are incorporated herein as if set forth in full; that a minimum landscape setback of 35 foot from required ACHD right-of-way will be provided; that all outdoor storage of equipment and materials shall be screened from view from any existing adjoining residence or residentially zoned area and not located in any front yard setback area; that the display area shall be uncluttered; that all off-street parking areas and all ditches be tiled per City Ordinance; that the lighting shall not cause glare or adverse impact to residential properties or traffic on Fairview Avenue; that a development agreement shall be required as a condition of annexation; that a Certificate of Occupancy is FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE ~ 5 required prior to opening for business and that the location of the handicapped parking stall be adjacent to the building. 15. That the Ada County Highway District submitted comments and they are incorporated herein as if set forth in full; that the Applicant dedicate 54 feet of right-of-way from the centerline of Fairview Avenue abutting the parcel prior to issuance of a building permit; that one driveway from Fairview Avenue is approved and shall be aligned with the existing driveway for a church on the north side of Fairview Avenue; that this would require shifting the driveway to the east; that the Applicant be required to provide cross access easements to the parcels abutting the site's east and west boundaries; that paving the driveway its full required width of 30 feet for at least 30 feet beyond the edge of pavement of Fairview Avenue and install pavement tapers with 15 foot radii abutting the existing roadway edge is required and copies of the recorded access easements shall be provided to the District prior to the issuance of building permits. 16. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. FINDINGS OF FACT AND CONCLUSIONS OF LAW -. BUTTE FENCE PAGE - 6 ~ ~ B. Under LAND USE 5. MIXED-PLANNED USE DEVELOPMENT, Page 28 Mixed-use Area at Locust Grove Road and Fairview Avenue Plus Area North of Fairview Avenue. These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: a. 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. b. 5.17U A variety of coordinated, planned and compatible land uses are desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. c. 5.18U Existing residential properties will be protected from incompatible land use development in this area. Screening and buffers will be incorporated into all development requests in this area. C. Under COMMUNITY DESIGN, at Page 71 1. Entryway Corridors 2. Fairview Avenue (East entrance). 3. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 71 a. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 7 4. Neighborhood Identify Goal Policies, Page 72 a. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 17. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 13. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 18. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a commercial area; that the commercial area is in an area that is listed as Mixed/Planed Use Development area. 19. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 8. 11. as follows: (C-G) General Retail and Service Commercial: The purpose of the ( C-G ) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall. not constitute strip commercial development and encourage clustering of commercial development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 8 • • 20. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that individual department stores, retail stores, restaurants, and wholesale facilities, are allowed uses in the C-G district; that planned commercial developments, are an allowed use in the C-G district. 21. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses- in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 22. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act,-which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; FINDINGS OF FACT AND CONCLUSIONS OF LAW -. BUTTE FENCE PAGE - 9 • that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 23. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 24. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 25. That Section 11-9-605 G 1. states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 10 • "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 26. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 27. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 28. As stated above in Paragraph 3, the Applicant submitted an application on a conditional use to allow commercial wholesale and retail sales of vinyl products, primarily fencing; that such material on the conditional use is incorporated herein by this reference as if set forth in full; that the Applicant did not specifically address the conditional use for the wholesale/retail business at the public hearing; that as found above, the Planning Director stated that the Applicant needs to provide a minimum landscape .setback of 35 foot from the required ACHD right-of-way; that all outdoor storage of equipment and materials shall be screened from view from any existing adjoining residence or residentially zoned area and not located in any front yard setback FINDINGS OF FACT AND CONCLUSIONS OF LAW - SUTTE FENCE PAGE - 11 • • area; that the display area shall be uncluttered; that all off- street parking areas and all ditches be tiled per City Ordinance; that the lighting shall not cause glare or adverse impact to residential properties or traffic on Fairview Avenue; that a development agreement shall be required as a condition of annexation; that a Certificate of Occupancy is required prior to opening for business and that the location of the handicapped parking stall be adjacent to the building. 29. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Planning and Zoning Commission has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 12 • • and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways. 10. That the Applicant's proposed use of the property is in compliance. with the Comprehensive Plan, and therefore the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 13 • annexation and zoning Application is in conformance with the Comprehensive Plan. 11. The Applicant has stated and represented that its intention is to construct and operate a wholesale and retail sales business of vinyl products, primarily fencing which are permitted uses in the C-G district. 12. That, as a condition of annexation and the zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. The concerns of the owners of property along Fairview Avenue, stated in prior public .hearings, of having lights, particularly automobile headlights, shine into their yards and homes. 3. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 4. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 5. An impact fee to help acquire a future school or park sites to serve the area. 6. An impact fee, or fees, for park, police, and fire services as determined by the city. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 14 ~~ 7. Appropriate berming and landscaping. 8. Submission and approval of any required plats. 9. Harmonizing and integrating the site improvements with any existing residential development. 10. Establishing the 35 foot landscaped setback as mentioned in the Planning Directors comments and in the Comprehensive Plan and landscaping the same. 11. Addressing the other comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. 13. Traffic plans and access into and out of the development. 14. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 13. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; that since the enactment of the above section, the City has found that it is difficult for the City and the Applicant to enter into a development agreement prior to annexation; that it is therefore concluded that a development agreement shall be entered into, dealing with the matters set forth in the preceding section prior to issuance of a building permit. 14. That it is concluded that the annexing and zoning of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 15 • property is in the best interests of the City of Meridian. 15. That it is concluded that 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the City Council concludes as follows: a. The use, would in fact, not constitute a conditional use as under the Meridian Zoning Ordinance planned commercial development, retail stores, and wholesale facilities, are permitted uses in the C-G district, but since the Comprehensive Plan states that all development requests in the Mixed Use Areas around Fairview Avenue and Locust Grove Road will be subject to development review and conditional use permit processing to ensure neighborhood compatibility, the conditional use application is deemed to be appropriate, as is the granting of such conditional use. b. The use should be harmonious with and in accordance with the Comprehensive Plan, if the requirements in these Findings of Fact and Conclusions of Law are met, but the Comprehensive Plan requires a conditional use permit to allow the use. c. .The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity as long as development is undertaken to meet the representations of the Applicant in the Application and as stated at the public hearing and those that may be required by the City under design review. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses as long as development is undertaken to meet the representations of the Applicant and those that may be required by the City under design review. e. The property will have sewer and water service available if the Applicant extends the lines. f. The use would not create excessive additional FINDINGS OF FACT AND CONCLUSIONS OF LAW -. BUTTE FENCE PAGE - 16 requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required and the parking ordinance shall be met including the preparation of a parking plan and landscaping plan. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 16. It is concluded that the conditional use permit should be granted, but as a condition of the conditional use permit a development agreement should be entered into regarding the development of the retail uses and such is hereby made a condition of the granting of the conditional use permit. 17. That the requirements of the Meridian Police Department, Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 18. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 19. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. FINDINGS OF FACT AND CONCLUSIONS OF LAW - BUTTE FENCE PAGE - 17 • 20. That proper and adequate access to the property is available and will have to be maintained, with appropriate buffering to residential properties or traffic on Fairview Avenue. 21. That these conditions shall run with the land and bind the Applicant and its assigns. 22. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), and the issuance of a conditional use permit would be in the best interest of the City of Meridian. 23. That if these conditions of approval are not met, the property shall not be annexed and the conditional use permit shall not be granted. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER RAE DSL~ COMMISSIONER SHEARER VOTED VOTED 1~1~ g~~ COMMISSIONER ALIDJANI COMMISSIONER JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW - SUTTE FENCE VOTED PAGE - 18 • RECOMMENDATION The Planning and Zoning Commission of the City of Meridian recommends to the City Council that the property set forth in the application be approved for annexation, zoning and the issuance of a conditional use permit under the conditions set forth in the Conclusions of Law. MOTION: APPROVED: DISAPPROVED: ~l~9si FINDINGS OF FACT AND CONCLUSIONS OF LAW -. BUTTE FENCE PAGE - 19 ' OFFICIALS WILLIAM O. BERG, Jr., Clty Clsrk JANICE L CiASS, Clty Trossurar t3ARV 0.8MITH, P.E. Clty Enplnesr BRUCE D. STUART, Water Works Supt. JOHN T. 8HAWCROFT, Wasts Water Supt. DENNIS J. BUMMERS, Perks Supt. 8HAR1 S. STILES, P i Z Adm. KENNETH W. BOWER8, FlreChlef W. L "BILL" OOROON, Pouts ChNf WAYNE t3. CROOK8TON, JR., Atlomsy HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (206) 887813 Public WorksBuilding DepaRmatt (208)887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX VERRINOTON ROBERT D. CORRIE WALT W. MORROW P i Z COMMISSION JIM JONN80N, CAalrman MOE AUDJANI JIM SNEAKER ~` "^~ "'-. + ` CHARLIE ROUNTREE GRANT P. ]KINGSFORD 0 ~ I Z ~ '~~; Mayor 41~ ~~ i:.~~~I~-~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November T, 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14J95 REQUEST: Conditional Use Permit for Butte Fence BY:~iott Industrial Com{~any LOCATION OF PROPERTY OR PROJECT: 2065 E. Fairivew Avenue JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 -TIM HEPPER, P2 GRANT KINGSFORD, MAYOR -RONALD TOLSMA, CIC BOB CORRIE, C/C WALT MORROW, CIC MAX YERRINGTON, C/C -WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLA O ELIM 8 AL PLAT) CITY FILES ~ i~ /~ /I YOUR CONCISE OFFICIALS COUNCIL MEMBER8 RONALD R. TOLSMA MAX YERRINGTON ROSERT D. CORRIE WALT W. MORROW WILLIAM O. SERO, Jr., Clty Clerk JANICE L t3AS3, Clty Treasurer GARY D. SMITH, P.E. Clty Enplnesr BRUCE 0. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. 8HAR1 S. STILES, P a Z Adm. KENNETH W. BOWERS, FlrsChlel W. L "BILL" tiOROON, Police Chkf WAYNE a. CROOKSTON, JR., Attomsy • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (206) 887813 Public Works/Building Department (208) 687-2211 GRANT P. KINGSFORD Maya P i Z COMMtSS10N JIM JOHNSON, Chairman MOE AUDJANI JIM SNEAKER CHARUEROUNTREE TIM NEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~ovember 7, 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: conditional Use Permit for Butte Fence BY:~Iliott Industrial Com~a_nv LOCATION OF PROPERTY OR PROJECT: 2065 E. Fairivew Avenue JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, CIC MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM SPINAL PLAT) CITY FILES OTHER: ~ ~ ` ~ ~ ` YOUR CONCISE REMARKS: _~ A-S A' ~'oD~s F ~ Nts •-~ i ~ : 2E p~f w r a f h~u .Qt a r~ Jr-....... ~:~ ! a ~.DF t~CK1UlAt ' ~ HUBOFTREASUREVALLEY ~ OFFICIALS COUNCILMEMSERS WILLIAM G. BERG, Jr., Clty Clark A GOOd Place LO LIVC RONALD R. TOLSMA MAX YERRINGTON JANICE L. GASS, Clty Troasuror BRUCE D. STUART, Water Work Supt. CITY OF MERIDIAN ROBERT D. CORRIE WALT W. MORROW JOHN T. SHAWCROFT, Waats Wate-Supt. DENNIS J 3UMMERS P k s P 3 2 COMMISSION . , ar s upt. 33 EAST IDAHO 17 ~ ~ ~ j i ~ ; JIM J AU AN ~~ SHARI S. STILES, P b 2 Adm. KENNETH W. BOWERS, FlreChlsf PdQr o 1VlERIDIAN. IDAHO g3CY4~~i..., , ~ ~, tf[nl~tr .., ~ _' ' • " MOE OJ JIM SHEARER W. L. "BILL" GORDON, Police Chief phone (208) 888433 • FAX (208) 887813 ~~ - _ CHARLIE ROUNTREE ~ WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Departmalt(2069887-2211.., TIM HEPPER _ ,. ~. -- ! C ~, ~ GRANT P. KRVGSFORD r l:: ,~;) ~, ~! v ~.., ~ Mayor ~ ~" .1 ~, , ...~, TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT. PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 7. 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/14/95 REQUEST: Conditional Use Permit for Butte Fence BY: Elliott Industrial Company LOCATION OF PROPERTY OR PROJECT:-. 2065 E. Fairivew Avenue JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PREUM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT. RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM 8 FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -,WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: All laterals and waste ways POLICE DEPARTMENT must be protected. Municipal surface drainage must -CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must -CITY PLANNER r w draina e laps. It is recommended that irri at ion water be made available to all developments within t is istrict. Nampa & Meridian Irrigation District requires that a Land Use Change Site D v lonm nt application be filed for review prior to final platting. Contact Pnnna Moore at 343-1884 or 466-7861 for further information. Rill Nancnnr AS S;Stanr Wa St~erintendent Nampa & Meridian Irrigation District 1 ~~ ~:.J ,.o L+..C/ ~' ~ ~f ~ ;~ ~~~~ ~. MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: NOVEMBER 14,1995 APPLICANT: ELLIOTT INDUSTRIAL CO. AGENDA ITEM NUMBER: 11 REQUEST: PUBLIC HEARING• REQUEST FOR A CONDITIONAL USE PERMR FOR BUTTE FENCE CO Q~~Y COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~~~ k~~ SEE ATTACHED COMMENT8 OTHER: ~1 Materials presented at public meetings shall become property of the City of Meridian. s ~c~no JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary November 10, 1995 TO: Elliott Industrial Company 424 Pebble Beach Way Eagle, ID 83616 FROM: Karen Gallagher, Coordinator Development Services Divisi SUBJECT: MCU-21-95 2065 Fairview ~//iotE .Zh~t~ffr~~et ~o. ~~ r y 3 3 E~w~ Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on November 8, 1995. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron John Edney Chuck Rinaldi City of Meridian ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 • • ADA COUNTY HIGHWAY DISTRICT Development Services Division Development Application Report MCU-21-95/MA-4-95 2065 Fairview The applicant is requesting conditional use approval to convert an existing dwelling and outbuildings into a wholesale and retail business, primarily for fencing. The 1.0-acre site is located on the south side of Fairview Avenue, approximately 1/3-mile east of Locust Grove Road. This development is estimated to generate 200 additional vehicle trips per day. Roads impacted by this development: Fairview Avenue -Principal arterial with a bike route designation - Traffic count 20,005 on 7-6-95 (w/o Eagle Rd) ACHD Commission Date -November 8, 1995 - 7:00 p.m. „~ i ~ i' i ~~ ' J ' , • ~J 1 ~1 1 _- \ r ~c"` !' Q m P S Q' m _r ~ r '` s ~; ~ - .. U (~ ^: -~ ~. on e ..... , ~~ ,,7 - -~ ' J -- }--- 1 ~ q ~ I S - Ll ~~ w a Q ~ < ~. ,~ U ~ ~: :. Y 7 . -..._.. ... _ry .~ i. 'NFL YIv 51~~ ~JtfIZWt6W r~" ai s --.-~ r=-n o-a ~r=~-r, ~ e ~ - - - ., ~,ie-~k~~ ~~~~~~~ m ~~ ~o ~i'~~~i ~~ i :a": vi It. i~5 ' .~. ....;. E~~~ ~ r I Z ~~~~ ~ c ~ ~ ~ ~~ ~ 4 . ~~ ._ ~ ~~ r ~~~ai ~QiF~~ ~g ~! ~~~ , e F e ~~ i~ a~ ~ A j j~ ~~ ~~ :~ ~ ~ ~~ ` 8 0 D :~ i~ z z a r ~ .THE uriD GROUP BUTTE FENCE ~ t[f -~+ I I '"`~„~~= ~ e ELLIOTT INDUSTRIAL CO. • ~ ~' ~~~ • • Facts and Findings: A. General Information Rl -Existing zoning C-G -Requested zoning 1.0 -Acres 0 -Square feet of proposed building 3,816 -Total square feet of existing buildings 1,000-square foot office 2,816-square feet for two storage buildings 272 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Fairview Avenue Principal arterial with a bike route designation Traffic count 20,005 on 7-6-95 (w/o Eagle Rd) 100-feet of frontage 100-feet existing right-of--way 108-feet required right-of--way (54-feet from centerline) Fairview Avenue is improved with 7 traffic lanes with no curb, gutter or sidewalk. B. There is a dwelling constructed on the site that has a gravel driveway from Fairview Avenue. C. In accordance with District policy, staff recommends that the applicant be required to deposit to the Public Rights-of--Way Trust Fund the cost of constructing 5-foot wide concrete sidewalk) on Fairview Avenue abutting the parcel. These improvements are estimated to cost a total of $850.00. D. Staff recommends that the site's driveway be aligned with the existing driveway for a church on the north side of Fairview Avenue. This would require shifting the driveway to the east. E. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. Staff recommends that the applicant pave the driveway its full required width of 30-feet for at least 30-feet beyond the edge of pavement of Fairview Avenue and install pavement tapers with 15-foot radii abutting the existing roadway edge. F. Staff recommends that the applicant be required to provide cross access easements to the parcels abutting the site's east and west boundaries. If and when the abutting parcels redevelop, the same requirement will be made. Without such easements, the possibility exists that each lot on Fairview Avenue will request its own driveway, resulting in a driveway every 60-feet. MCU2195A. WPD Page 2 • • G. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. H. This application is scheduled for a public hearing by the Meridian Planning and Zoning Commission on November 14, 1995. The following requirements are provided to the City of Meridian as conditions for approval: Site Specific Requirements: 1. Dedicate 54-feet of right-of--way from the centerline of Fairview Avenue abutting the parcel (approximately 4 additional feet) prior to issuance of building permit (or other required permits). The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Provide a $850.00 deposit to the Public Rights-of--Way Trust Fund at the District for the required street improvements of 100-feet of 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel prior to issuance of building permit (or other required permits). 3. One driveway from Fairview Avenue is approved. The driveway shall be aligned with the existing driveway for a church on the north side of Fairview Avenue. 4. Pave the driveway its full required width of 30-feet for at least 30-feet beyond the edge of pavement of Fairview Avenue and install pavement tapers with 15-foot radii abutting the existing roadway edge. 5. Provide the District with copies of recorded cross access easements to the parcels abutting the site's east and west boundaries prior to issuance of building permits. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the Development Services Supervisor. The request shall ~pecifical],y identi , each reggirement to be reconsidered and include a written explanation of w~t,uch a requirement would result in a subst?ntial hardship or ine uity. Requests received prior to the date scheduled for Commission action shall be rescheduled for discussion with the Commission on the next available meeting agenda. 2. A request for an appeal of the Commission's action shall be made in writing to the Development Services Supervisor within 15 calendar davs of the action and shall include a minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission within 20 calendar days after receipt. ThP regal for ~,pneal shall s ifi al id nti each MCU2195A. WPD Page 3 • • ~uirement_to be reconsidered and include a written explanation of why such a Z~uirement would result in a substantial hard hip or ineq,~y. A right-of--way permit must be obtained from ACHD for any street or utility construction within the public right-of--way. Utility cuts should be combined where practical to limit pavement damage. Utility street cuts in roads Waved within the last five vears will no hP allowed unless approved by the District Co mi ion Contact Construction Services at 345- 7667 (with file number) for details. 4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior to issuance of building permit (or other required permits). The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of Meridian. 5. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when driveways are not being shared with the adjacent property. 6. Continue existing irrigation and drainage systems across parcel. 7. Continue borrow ditch drainage abutting parcel (culvert may be required). 8. Provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system. 9. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight- triangle of all street and driveway intersections. 10. Provide a clear vision sight triangle at all street intersections. Within this triangle no obstruction higher than 36-inches above the top of pavement will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350-feet; and the short leg measured down the centerline from the collector street curb line 20-feet. Provide notes on the plat and street construction plans of these restrictions. 11. Submit three sets of street construction plans to the District for review and appropriate action. 12. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 13. All public streets and drainage systems shall be designed and constructed in conformance with District standards and policies. 14. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. MCU2145A. WPD Page 4 • , 15. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 16. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Date of Commission Approval: NOV 0 8 1995 MCU2195A. WPD Page 5