The URL can be used to link to this page

Home My WebLink AboutJacksons Food Stores CUP (2)OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Tresaurer GARY D. SMITH, P.E. City Enylnaer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 8 2 Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chief 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) 8884433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 3 2 COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 6, 1995 TRANSMITTAL DATE: 5!16/95 HEARING DATE: 6/13/95 REQUEST:Conditional Use Permit for a travel center providing_aas and food BY: Jackson Food Stores, Inc. LOCATION OF PROPERTY OR PROJECT: Lot 11 of Magic View Subdivision, 625 North Eagle Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z _CHARLES ROUNTREE, P2 _TIM HEPPER, P/Z 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 FLRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ 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 8~ FINAL PLAT) 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:___l.{f~G~SotS/5 I~C2~17 STORES. /!VG PHONE: ~S-6o6~ ADDRESS:,3SOb G'o/y1M~,~C4[CT_ ~,_~i2 /O/A- ~ /1~ g3ce9~ 2 GENERAL LOCATION: LoT ~/~tYl~/G ~/E Ixi S'Gits-.Uid/~~/~i~/ DESCRIPTION OF PROPOSED CONDITIONAL USE: T,~,4 /~'L G~'~SIT'Er~. ~i?o ~iT~i~t/c GaS ,~>,/D ~bz7 5~//t.~' . LaC_.4 Z/t7,v /S ate/ _ r LE' RA4D /~cl C[.c7SE /°.QaX/Alt ~ Th /~S/~STt4-T~ S4. ZONING CLASSIFICATION: RT - REZa~re~ ~N~V~~t,~}TIo~J .q~PC.tc.4T/O~c( x,45 ~dEEx/ 5~1~M,l~j7fD S/M41~ jA~c/EO vSC~ WiTf1 y"f j/f PLAN: A plan of the proposed site fore c~i'i~ftbnal use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, sl ignZand yards (submit 35 copies). ~ of 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 for the property generally described as located at SUBDIVISION, BLOCK ,LOT TO • • JACKSONS FOOD STORES, INC APPLICATION FOR. A CONDITIONAL USE PERMIT Lot 11, Magic View Subdivision 625 1~Te~h Eagle Road, Meridian, ID 83642 Se~.'1fi CHARACTERISTICS WHICH MAKE THIS CONDITIONAL USE DESIRABLE: This property is located on Eagle Road just north of Interstate I-84. The proximity to the interstate makes it an ideal location for a travel center which provides gas and food service. There are currently no other facilities like this on Eagle Road. Immediately across Eagle Road from this property is the new St. Luke's Regional Medical Center. AFFIDAVIT OF POSTING PROPERTY: Jacksons Food Stores, Inc, 3500 Commercial Court, Meridian, Idaho is the record owner of the above referenced property, and hereby agrees to posting this property (1) week before the public hearing. It will be posted that we have applied for annexation, rezoning, and a conditional use permit. Signature: Date: • • JACKSONS FOOD STORES, INC APPLICATI~( FOR A CONDITIONAL USE PERMIT Lot 11, Magic View Subdivision 625 P{e~#h Eagle Road, Meridian, ID 83642 Sower PROOF OF OWNERSHIP: Warranty Deed is attached. CONSENT OF PROPERTY OWNER.: Jacksons Food Stores, 3500 Commercial Court, Meridian, Idaho is the recor ~er of the above referenced property, and hereby requests a Zonixl~; Am~ndment.~tv~change the current zoning. ~~ x S ature: e: SUBSCRIBED AND SWORN before me the day and year first written above. ~~:L_ti,.. ~, Notary Public fbr Idaho Residing at Boise, Idaho My Commission Expires: 12/19/1995 A(~1T TO PAY ADDITIONAL SEWER, WATER, TRASH FEES OR (]iAR~GES: I do hereby agree to pa`y arty additional sewer, water, trash fees or charges, if ~£l~at are associated with this commercial use. ,~ ture: VERIFICATION OF APPLICATION: I have reviewed this Conditional Use Application, and have verified that the infoion contained therein is true and correct to the best of oqy knowledge. S`i~fiature: lJat~: .nrlioa~9d i~`r^'' 08:69 ~'Po9~83585 JACRSUNS • Moot ___.Ab~O~ils.t os: to ~lorl ~a~ ~,rs9 A "' AOLLAfiD R HiRT ~~~ J~cxSO'a5 _ _ _ ~,~OOt~00L ~ t ..... 94Vyp:Sgr~ ~ _... rot-f rt,r.srreNtn covlt~r er: S gw~tr rirL~ of In~ui<o, ttvc. ~+r. v-r~ M Tt i'1Jt ' - ~ '9y PIAY 2 . r,~ ~ ae I , RtwD a wr/RooEC, ar -f C ,~ 4 ~ I ' I 0113 -. . -: ~. _ riwea Npye ttris wrc roa~rrcoebaa n~rr.~ _ Order t7o. r 9•E~~7574 J~%U! FUR vALitB' RECt~.fv~j Ro!•f W~NZ~ bEEb , ALD )r , GAI>ti'tt. an urrmarripd per. acnt . r+RAI'`t71DR(S), does(do) trertby AR.AtJ2', HA1t z~C• • na Idaho CoipOteation ~~' Sal' and C~1N~FY unrn J?ICIf..dtt hJ-,, CilMl~(g), ut,ose eurr~.nt,ddrrsS is: (.: j 1500 Cot•4d8RCLItY, COtJR!', lSEP.TDit- r, I . , the rellmvint; daseribtd real CroPe,•,y In l Innt-d 113642 et~ert~d u follows, w wle; ~~ County, Stun of Idaho; retort pMktrl-r1y Lot 13 of the ~;~ ~ according to ehe ~ PIA1T pp tKAal'C ViliM StJ>3DivIS Plate aC Page(s) 4445 !1~ Flat tht=QOf, ffiad in aCN• ~ recosded June 13, 196 ~ 4446. Amended by as llfflook ~z of dwvi t Count- ae Sastrt,tnrrAe No. e4z9111, ro . _ Y. Idaho. cords of EXCEPTING tha -..... ~..._.,.---_. ----._-- ------- ~ _ j ~ t parcel titiat vbd v@9ted in the Scate oC ~- bl' s DeerQe et' Corsdarxygtibd record r6M8P_R 19, Inst'_ritmont Mo. 9310974. ~ DE Idali'o~. 199, ae ~ 7b HAVg ANb ~ --___.------._ - -- ----- _.. _.. Q~~(s) hdrs turd easl ~ 6tOtJy the Bald premises. whh deck t' ~ . e~t+tee(s . thx Cr ,~:`)_ br~ve-, ~ th0 tale OMtltar(s) ~ do wnete unto the raid t;r sad 01 enc~ ~ ~~~ ~ol~ oe t)1M tee litltple et said (,~ ~:'bbyy anvrhirtt re sad wl ~~ m raneol. L7CC ~' es, tl,ar sr+id prem-Jet are retyem detar! 6y dte C3nhtce(s): and yubJe+ct m b M11vey~ b eapnsslyy Made subJep sad dtost m:de, altrftrtld ~treMttettes, ftf anY) o- record, and tenersl e~ ~°m' testrkelotts, daftcations, easana,ts t If anyj for the enrrlnt year, which tare tree tl!>attrttrrits, (Ineludie , ri hrs of w,y and the sink Ginter all tirwfol eUirns whet! Yat due ltld atrihk. and ~ ! 'arlsadon and btiliry o~sestmtrty Deter, arancor(s) u,i11 w'anradr ~ Qgfend listed: A , ~ 1 11, 1994 ,~ ~_~rh, ~r~'!s ua,ur,±Er~'T r~,'L~ I, ru7i~h:{~ ° D ~''~ r3 its ti E.';.,rJy11d00H?IJtr. i7lc ~r,~;;,,~;.i.,Y rvi, K /IF 1{PPIiL'S~I'i:~Ti;irr~ I.1 '~ ES N "~ :err ~. ~cg~ 'f P'otfdt~ REf?v'. ~i;c'rU'? Y(?;i 1;1•!": t 0 ~d ~ tr:inamiNal memo ~ ~ QI~ES1l~11 [k ''~' - - - ~ /-~)- -~ SOry t/~: .c~ ; .x ~ _ 0 ~.~.~....• ~ ~ 8 -(p ogle/L - - - - _ _. _. _ _ ._ _~~ i;il z,?~h , c??, y~y ~. i 5 ~• U ,L 4 C -. •. ~ ^ -„ 11 r • » V n Y „ ~ N • • w .. ~ Y IF Y N Y ° Y ~ Y Y ~ • - o A . a • . + . • O O ,. 1 " • R ~ ~ ~ e • a 1 ! = C N Y ~ - . N Y Y Q ~ y i „ • N A • - - - . _ 1J i 3 ~ ,~ L1 ~ `qr '.jr "" 1~ ~ ~ ~ ~ ~ a ~ q • ~ ~ ~ ~ ~ n { n " .L • i ~ i i i ~ i • w ~ : ^ ~ ~ L ill L O F y O 6 ~ }' S5}p~~ r R 1 1 ~ ~ r ~ ~ N L b ~ N ~ ~ R yya „ ~ ~4} 7{ • N _ : a 1 : : . ~ ~ y : •1 : N d w • i • i ^ ~ i Y w Y • w, e N Y ~ , w „ ~~ n N o o ~ i - ~ u N N • • • w • w O ~ Y ~ • N N ^ • w M M Y N Y Y Y Y = - N n n ,• A • • O = Y n • ., N .• • • O ~ « n y ^ • i ~ • . N C J n n _ - N ~ u 7 N A ,•, w 8 / 1 f • • V Y • • N b _ ^ O •~ 1 S~7 .~ ~•r' `. .'. ` '1-Z I` .U~ ~ r 47 „- ~ N 11 ~ J ~`` i ,~ _ .. •. w\a ~ ~~~ /. • Ja i~t ,. ~,, "- 4 > e1 w o ~, 3. -- - ---------t---_. _. ..---__ t,1.' ~c,torR i_ ~V ~i ~•i ._] W ~a ~ ~ S ~ ~ ~ J ~ 91'~aS gz ~ ' ~ ~ ~i ~w ~ aw_ +- ~ ,~~~.~. ~~~ 1 l8j gag LI Y a i.~. o .a; ~ ii ~'~ ~ ~ / ~` ~ ~ ::80 :. a; • Y : Y d tf 01~ 3 l ~ \ z ~ a.~.Y ' ~ •1 01• Ina 1 1• ro~-c ~.' ~ 1111 Oer ~ -! ~'r 1111AOr w • ~ O , ( :/ ~.,;`~, ~~ fah ~.~ I ~ ~ \ •' `f Z e .l•1r.e .o r 1.1 f~, _-'~~^ y~h '°~ I~" «° ~ s^ o i N .~ ~ ^4 ,q'f • 1,00,1 Otr.. V1 ~ Z; ( ~c12t ~ bloc II Ju" .c.ct `•, -'\' '_,~ M J r.1.1-no~o w tol•1 -lam. 133!!1S N3 yu ._~~ ~.,~~•.~~ ~;. r. ._t ~y1. _ ,to'-1 1.1 u `,u'uf-r•III,/t,o01 •'iii'iii 1 ~ . ~t~ . ~~ e' _ 1. - / ,,r' ~. • g t^ f` a • Al • l.J ,~• ~` J , 01•t , • V • I ~ ~ 1'10 t0 •0 r 1 •1 -o to : N •. t A •• \~ ii•• ~' ~ ~ e' ~ IsI~ • ~~' .t0 tli-- •~ TT ` O I A • •O~ I,~ I tt,l-r1c. owt a I- w i ' tr •1 'r1 f b• • A/ • /~ i N~ 4 I I r .1 1 ~ e v. A •« ° ~~. lS~ ~•t,,,1, .!e't t- 11.1 IA;2 Oy ~ ' "' a '• '^ .~ .1- ..: J ~~~..1~) 1-.1i .. 1. N ~ ~ f.I,.e•1t,ierwi i~~ 1,, *t1~41;~y `~~b 1~`-Ire ~ rsotitttr •-d~M'1' A '»'r`-, ,: • ~ p 01 ,11 1w ~ i• ~1 ~ S ~ -• -1 f• 1 t 'w !'~ w ...'... 1. I"~ ,, r-~/ ~ - _ ..' -- ~ 1. .T"ae .tt ao • r~` « nlu. W I .II ,Ibl.oil t1 ~ 1 aoe ~ c, 1• •1 t `~ a •~~ _. ^ /•7 ~' ,1•~I rr. • ~ •1 •' f ;It Of•r-00,it,f0• ~ ~~~~'~ N ~0 J l,te ,bi;~jsr rr- O ~ ,~t.ie1 r ~ O ;~.f ~. w~ ~t ^ Y.. = ~~ t~W . ~ ,11'111•r,1'u141b ~ ~lTr~•.___ C~.1 ~ .I~t-~% '^ 0 w A ~ `>e,: • -~ w /bV \ it;l- ~b fO tii • ~Or,11.11v '• ,~J2 /~~..J ' U • "// ~ V S b 1`{~r,`JI/J ~~ w•1 tl. IWJ IS>>J W + + o ~ ,11 cr1 • r ,oo ,ra ,a r ; `,/ ,t.1 `, 1 ,11'-l•~,1'11,11,11M w° it Y 0 r1.1 r r,~ - - ,11.111 • ,-r/11 ,It~11/ ~ ~ N "° 4 ,11'Iti'I - M ~i'O1 ,>?t .0 t $ -~,-- --1t11 _ ~ ~ .tl en ONtl~Watf~ _ ~ ~~F o ,to Inzi r ,a ie ,t¢ .o e mw 8;8'e '9ns S1-1913~~ M3111 1Sr1'JO1 u In • :a~~rJ ; Y ; Q n -^f S - j e O r t ~ ~ U 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 September 5, 1995, for the purpose of reviewing and considering the Application of Jackson Food Stores, Inc. for a Conditional Use Permit of approximately 4.5 acres of land located in Lot 11 of the Amended Plat of Magic View Subdivision, Meridian, Ada County,. Idaho, and which property is generally located at 625 Eagle Road, North of I-84. The Application requests a Conditional Use Permit for a travel center providing gas and food service. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 Eas# 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 14th day of August, 1995. ~c~-~~ WILLIAM G. BERG, JR., ITY CLERK _ ,_._. ~.m_.....,~. -~.,._.~,. _ .. , _ .,~, .~fi, . _ ..._..,~. IH --- - - - ~ - -.~...,. ~.S A~ ~ ~~ ,--, Q~AU?UM It Id ~ L 3 ~qY. Qq`\ ~ A G r i g (~ '~ ~ g g 7 i 6 18~ 15 __ _. _. w iI ® Q 1'S IS ~ i9 2~? 1 ~ ~ 14 12 13 i4 17 i9 ~ ~ ~ _, 5 j --- 3 N~., O 13 _AUTUMN WAY 4 ~ IP II 10 9 8 ~ 6 5 4 ; ~ I ~ O _i O ,~ >. ANI~XATIC~1 RE~ils A,Pp1.ICA~' 4 0[~1UITI USis AI~LICATI(~1 _ t '~cksor~~ i~ stones ~ ~ 2 - 1 ~ stS North 1e Road - LO-P i ,MAGIC VII~]Y IVISIaIN Y Meridigr,, 83642 -.__ 31~ w--~ ~!hAG 1C --_~___ ---_.._ _Vf E W _ _ ---- -_ _ ..__. DR/v~ '~ .. t 8 RT~ ' ~.., ~ s ~.. ,~ ~, ,~ ~ h~1 t~. tfJ `~ , I (Y ~ \ V1 ~ Z 2:S . _ .~ .. _~_ __ -. ti - _ -----. --~ _ ~ /~~ .~_ i 16 1 ~~ ~ _ ~ `'~ J J I ~ ~ ~T 1 ~. ~,r~;', ~' Arar~INQ ASSN. SE ~~ 1994 ~~ C!ONI)ITI(xVAL USE APPLICATION JacksQns hFood Stores 625 ~l~r°-i Eagle Road - Lot li, Magic View Subdivision Meridian, Idaho 83642 Mailing List of Property Owners within 300' of External Boundaries MAGIC VIEW S[JBUIVISION IATS: I.OT ]: Gerald W. & Ueloris B. Marlin 1113 West Grand Camera Drive Gilbert, A7 85234 LOT 2: Richard L. ~ Barbara 1.,. Moore 3050 Magic View Drive Meridian, ID 83642 LOT 3: Harvard D. & Geneva J. Nanks 2930 Magic View Drive Meridian, ID 83642 LOT 10: Randy J. Linnea R. Worden 621 Allen Street Meridian, ID 83642 LOT 12: James A. Post P.O. Box 1290 Oldsmar, FL 34667 ACROSS EAGLE ROAD: SW4NW4 EXC R/W SEC 16 3N lE: St. Lakes Regional Medical Center 190 East Bannock Street Boise, 1U 83702 SEE ATTACHED PLAT SII(7WING 300' DISTANCE FRaVI EXTERNAL BOUNDARIES OF PROPF3tTY. ~ ~ 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 June 13, 1995, for the purpose of reviewing and considering the Application of Jackson Food Stores, Inc. for a Conditional Use Permit of approximately 4.5 acres of land located in Lot 11 of the Amended Plat of Magic View Subdivision, Meridian, Ada County, Idaho, and which property is generally located at 625 Eagle Road, North of 1-84. The Application requests a Conditional Use Permit for a travel center providing gas and food service. 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 sha(I be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22nd day of May, 1995. WILLIAM G. BERG, JR., C C RK O C T 1 0 1995 CITY U~ ~t~~cw«r: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 6 October 19 9 5 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Dale Binning Boise 345-2431 Dale Binning Architect Box 686 Boise, Idaho 83701-0686 Re: Ditch Abandonment on Eagle Road at Magic View Drive Dear Mr. Binning: The ditch or lateral on Eagle Road at Magic View Drive in Meridian which you reference in your letter of 27 September 1995 is a private lateral or a water users' ditch. Nampa & Meridian Irrigation District has no jurisdiction over this lateral; therefore, we will not comment on its abandonment other than to say that all water users must be protected to insure that their irrigation flows are not restricted. Sincerely, Bill Henson Assistant Water Superintendent pc: Each Director Secretary of the Board District Water Superintendent Rider 3 of Meridian File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 y • • Meridian Planning & Zoning Commission August 8, 1995 Page 8 Johnson: We will review that and that is about all we can tell you at this time. Wayne can get you the specific wording that we had in the minutes with respect to that. Bradbury: I appreciate that, thank you very much. Johnson: Thank you, Any other questions or comments from the Commission? Rountree: Mr. Chairman, I move that we pass a favorable recommendation on the preliminary plat for Cherry Lane at the Lakes No. 5 and 6 to the City Council. Hepper: Second Johnson: It has been moved and seconded that we pass a favorable recommendation on the preliminary plat for the Lake at Cherry Lane No. 5 and 6 onto the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW OF CONDITIONAL USE PERMIT FOR A TRAVEL CENTER BY JACKSON FOOD STORES: Johnson: Are there any comments or any discussion regarding the findings of fact as prepared by the City Attorney. We need a motion for approval of the findings of fact. Rountree: Mr. Chairman, I move that the Meridian Planning and Zoning Commission adopts and approves the findings of fact and Conclusions. Alidjani: Second Johnson: It is moved and seconded we adopt and approve the findings of fact as written, this is a roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Johnson: Is there any decision or recommendation you wish to pass on to the City Council? Rountree: Mr. Chairman, I would move that the Meridian Planning and Zoning Commission recommends to the City Council that they approve the conditional use permit request. . • Meridian Planning & Zoning Commission August 8, 1995 Page 9 Shearer: Second Johnson: Moved and seconded we pass a favorable recommendation on for approval for the City Council for the conditional use permit, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT A 6,000 SQ. FT. MULTI-TENANT RETAIL PAD WITH DRIVE THRU FACILITIES FOR LOT 2 -BLOCK 1 OF AVEST PLAZA BY AVEST LIMITED PARTNERSHIP: Johnson: Are there any comments, any changes you wish to present regarding the findings of fact as prepared by the City Attorney? Shearer: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. Alidjani: Second Johnson: It is moved and seconded (inaudible) and conclusions as written, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommend to the City Council of the City of Meridian that they deny the conditional use permit requested by the applicant for the property described in the application. Rountree: Second Johnson: It has been moved and seconded that vue request of the City Council to deny the application, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT A 6,000 SQ. FT. MULTI-TENANT RETAIL PAD • • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 5 1995 APPLICANT: JACKSON FOOD STORES ITEM NUMBER; 21 REQUEST; CONDITIO USE PERMIT FOR A TRAVEL CENTER 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: • ~w~ ~-~~ MINUTES OF 6-13-95 P ~ Z SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~,w FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" ,/~P ~ w~ SEE ATT M ~" - 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: c ~~~P ~ SEE ATTACH OMMENTS V"~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: BRUCE STUART -WATER DEPARTMENT ~ Materials presented at public meetings shall become property of the City of Meridian. ~~ Meridian Planning & Zoning Commission June 13, 1995 Page 37 Johnson: Okay thank you. At this point then I will close the public hearing. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law. Rountree: Second Johnson: It is moved and seconded we have the City attomey prepare findings of fact and conclusions of law on the annexation and zoning request for Jackson Food Stores, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRAVEL CENTER BY JACKSON FOOD STORES: Johnson: I will now open the public hearing, is there any additional comments that you have Mr. Binning? No additional comments at this time, anyone from the public that would like to ask questions on this? Or have a thought or a comment? Seeing no one then I will close the public hearing. I guess I have one question, I am just a little confused, is there any difference between 9 and 10 since travel center is only mentioned in number 10 or is that just the way we made up the agenda. Is there any difference between what you are doing and a travel center, this just happens to be called a travel center because you are located near the interstate. So we are not getting into something different, it is still a convenience store. I just wanted a clarification on that for the record. I have closed the public hearing, is there any discussion here? What would you like to do with it? Would anybody like to do anything with it? Shearer: I move we have the attorney prepare findings for item #10. Crookston: We normally don't do findings until you have acted on the annexation. Johnson: You can make any motion you want. You want to alter or withdraw your motion or continue, what do you want to do? You have the floor Mr. Shearer. Shearer: Well, there isn't an awful lot of opposition to this. It seems kind of ridiculous to drag it out for 60 days, we will have to have findings eventually won't we? Johnson: Yes, and so there is no second it dies for the lack of a second. Anyone else have any motions? ~ ~ • Meridian Planning & Zoning Commission June 13, 1995 Page 38 Hepper: Mr. Chairman, I move we table the request for a conditional use permit until our next regularly scheduled meeting. Rountree: Second Johnson: We have a motion and a second to table the request for a conditional use permit for Jackson Food Stores until our next regularly scheduled meeting on July 11th, all those in favor? Opposed? MOTION CARRIED: All Yea (Inaudible) Johnson: It isn't except for, if you were here earlier and you heard Wayne explaining why it requires a conditional use permit, it is basically because it is a variance from, but it is a subdivision. Go ahead Wayne. Crookston: The initial hearing was for the annexation and zoning, that is a separate issue from the conditional use to allow this specific use. They are 2 applications, one is just bringing the property to become a part of the city and give it a zone. The conditional use is to authorize the use of the property for the travel center. (Inaudible) Crookston: No, they haven't favored anything at this juncture. Johnson: What we are doing is instructing the City Attorney to look at from a legal standpoint, this is required by law to see that it fits within our ordinances and we have the authority to annex it and to zone and to approve the conditional use permit. When that information comes back to us in written form, we had a couple tonight on the agenda one for Winston Moore then we take action on those findings of fact which incorporates all of the testimony, the negatives and why we are able to do if we want to do it. Then we pass it to the City Council, the City Council again has to have another public hearing and they make the final decision as to whether it is approved or not. (Inaudible) Johnson: You will have another opportunity at the City Council, you will also be re-noticed and you will be apprised of when that meeting is. The other thing you can do since there is some hesitancy about public speaking you can put your comments in writing, we get a lot of those and get those into the City as soon as possible so they can be circulated to the Meridian Planning & Zoning Commission June 13, 1995 Page 39 City Council members. You will be re-noticed of that public hearing. The normal process on something like this is well at least 120 days usually to get something through. Where we are at right now is the first step. (Inaudible) Johnson: The obligation is to notify people as t understand and Wayne can correct me, is to notify people within 300 feet of the property. (Inaudible) Johnson: Then you have to go find the notice even though it has fallen down. The one thing you can do and I know most people don't do this but all public hearings are noticed in the Valley News Times, in the paper. ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 22.24 ACRES TO R-4 FOR LOS ALAMITOS NO. 3 BY FARWEST DEVELOPERS: Johnson: I will now open the public hearing and invite the applicant or representative to come forward. ' Marty Goldsmith, 4550 West State, Boise, was sworn by the City Attorney. Goldsmith: Members of the Council I am here representing Los Alamitos subdivision for a preliminary plat and annexation and would care to answer any questions that you guys have at this time. Johnson: Any questions of Mr. Goldsmith? Rountree: Have you seen the comments from the planning director and the City Engineer and ACRD? Goldsmith: Yes I have, I have reviewed them all and there is nothing in there that we disagree with or won't be complying with. We have had a tech review with ACRD, they have minimal changes. They are in agreement with our overall street lineups and want some temporary culdesacs in place and correspondence with the development Sundance to line up the streets and we feel it is not going to shift any lots in a major fashion. Hepper: Marty what is your minimum square footage on the lots and on the houses? Goldsmith: We are applying R-4 zone which is 1400 square foot minimum. • ~ a BEFORE THE PLANNING AND ZONING COMMISSION OF THE CIT° OF MERIDIAN JACKSON'FOOD STORES, INC. CONDITIONAL USE PERMIT LOT 11 OF MAGIC VIEW SUBDIVISION 625 NORTH EAGLE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on July 11, 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 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 July 11, 1995,- the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 11, 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 annexation and zoning is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/JACKSON Page 1 • reference is incorporated herein; that the property is approximately 4.5 acres in size. 3. That the property is presently zoned C-G General Retail and Service Commercial (C-G); that the specific use for the property will be for a Jacksons Travel center, providing food and fuel service, which application requires a conditional use permit for the operation of the travel center. 4. That the General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: ~C-G1 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. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 6. That the property is located on Eagle Road just north of Interstate I-84; that the property immediately to the south is a vacant corn field; that the application complies with the Meridian Comprehensive Plan. 7. That Jacksons Food Stores, Inc. is the record owner of the above referenced property and has consented to the application and has requested this conditional use and the application is not FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/JACKSON Page 2 at the request of the City of Meridian. 8. That there was no testimony presented at this hearing ;~y the Applicant or a representative. 9. That there was no public testimony given. 10. That the Meridian City Planning Director, the City Engineer, Police Department, Fire Department, the Ada County Highway District, Central District Health Department, U S West and the Nampa Meridian Irrigation submitted comments and they awe incorporated herein as if set forth in full. 11. That Gary Smith, City Engineer, and Bruce Freckleton Assistant to the City Engineer, submitted comments; that any existing irrigation/drainage ditches crossing the property shail;~e 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 the high seasonal ground water needs to be determined and a profile submitted on the subsurface soil conditions as prepared by a soil scientist witr. the design of the site drainage plan; 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, and sidewalks shall all be provided in accordance with City Ordinances; that all construction shall conform to the requirement of the Americans with FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/JACIZSON Page 3 • Disabilities Act; that sanitary sewer service could be to the sewer line being installed in Magic View Drive directly adjacent to the north; that water service to the proposed site could be to the water line being installed along the easterly side of S. Eagle Road and that assessment fees for water and sewer service shall be 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. 12. That the Planning and Zoning Administrator, Shari Stiles submitted comments and they are incorporated herein as if set fortr~ in full; that the area shown as sod is not to be replaced with barlt, rock, etc.; that continuation of the sidewallc is requires'. along Eagle Road; that additional parking spaces are required; City Ordinance requires one (1) space per 200 square feet of gross floor area; that the total paved area calculation be provided to the Zoning Administrator; that landscaping should be considered along the westerly portion of developed area to screen the facility from view of nearby residential sites and consideration for nearby residents made during construction. 13. The Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department, Nampa Meridian Irrigation District, and U. S. West; that all such comments are incorporated herein as if set forth in full. 14. That U S West commented that the standard easement requested of 10 feet of front lot line easement from right-of-way on Magic View and 10 feet along Eagle Road be granted. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/JACRSON Page 4 15. That the Ada County Highway District (ACRD) submitted site specific requirements and they are incorporated herein as if set forth in full which include constructing two (2) 30-foot wide curb return driveways on Magic View Drive; that the easterr. driveway shall be located a minimum of 85-feet west of the Eagle Road right-of-way and the western driveway shall be located a minimum of 125-feet west of the eastern driveway; dedicate an additional 30-feet of right-of-way from the centerline of Magic View Drive abutting parcel (5 additional feet); dedicate a 15'x 15' triangle (or appropriate curve) of right-of-way at the corner of Magic View Drive and Eagle Road abutting parcel to keep the street improvements in the public right-of-way; comply with requ~rement~ of the Idaho Transportation Department for State Highway 55/Eagles Road frontage; locate proposed signs out of the public might-of-way and out of clear-vision sight-triangle of all street and driveway intersections. 16. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission have ,been 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 grant FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/JACI:SON Page 5 • • conditional uses pursuant to Title 67, Chapter 65, Idaho Code, and Section 11-2-418 of the Revised and Compiled Ordinances of the Cit1 of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and 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 t:~e conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance 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. d. The property will have to be furnished sewer and water service which shall be the responsibility of the Applicant. e. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. 5. That all ordinances of the City of Meridian must be met, FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/~AC::SOiv Page 6 • • including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, all parking and paving requirements. 6. That all conditions and requirements of the City Engineer and City Planning Director shall be met and complied with. APPROVAL OF FINDINGS OF FACT ATdD CONC.i~US=c::~35 The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTEDIr~~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED ll DECISIOPd AND RECONII~lENDATIOP3 The Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: a APPROVED:~~~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL iTSE/~ACItSON Page 7 OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parke Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief 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) 888433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P b 2 COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE 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: June 6 1995 TRANSMITTAL DATE: 5/16/95 HEARING DATE: 6/13/95 REQUEST:Conditional Use Permit for a travel center providing gas and food BY: Jackson Food Stores Inc LOCATION OF PROPERTY OR PROJECT: Lot 11 of Maaic View Subdivision. 625 North Eage Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z ,_TIM HEPPER, P/Z 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 8 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: ~~ 1 ~ ~..~~' ~~ti~t~.' • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY 0. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waate Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" GORDON, Police Chref WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO IVIERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 6 1995 TRANSMITTAL DATE: 5/16/95 HEARING DATE: 6/13/95 REQUEST:Conditional Use Permit for a travel center providing ass and food BY: Jackson Food Stores, Inc LOCATION OF PROPERTY OR PROJECT: Lot 11 of Magic View Subdivision. 625 North Eagle Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z 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 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 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES ~ v ~ G OTHER: d YOUR CONCISE REMARKS: O.u S L d ~ S CITY PLANNER A~ W ,~ W ~4- ~ ~ 2 ~2 G u i 22 ~ Q- Kr fiS A ~~ .rt_ t M .a ,• ~ i a ~ Fr Rte- Dc~ ~e s ~ a /i V~ /~ Grp 6 I ~e .~.. ~ w i °+1ti t~ i S ~ r rn.~+ ~ 'f A Good Place to Live CITY OF MERIDIAN L ~-,~ t p,,,~ •~, „r3..Ir a p AD~COUNTY HIGHWAY STRICT Development Services Division Preliminary Report MCU-8-95iMRZ-5-95 -Gas station convenience store Magic View Drive, west of Eagle Road. Meridian The applicant is requesting annexation and conditional use approval to construct a gas and food travel center. The -acre site is located at the southwest corner of Eagle Road and Magic View Drive, north of I-84. This development is estimated to generate 4,840 additional vehicle.trips per day. Roads impacted by this development: Eagle Road -Principal arterial with bike route designation - Traffic count 24,233 on 6-14-94 Magic View Drive -Local street with no pathway designation - No traffic count available Issues to be addressed: 1. Right-of--way requirements 2. Road improvements 3. Access width and location SS MFR/ D/A N ~ g '~ LN.~ ~ FAIRVIEW 3300 t ~ AVE. ,2000 °z -~ 1500 ~ 30 1600 ~ t~ ~ PINE ST. 5 iT~ } _~ o = a200 ~ 10!00 ~ 1500 N ~ ~ ~ J ' 8 usT ~ 8 w c¢7 8 FRANKLIN $ RD. west 8 FRANKLIN 8 g t 500 g ® ~ 30 1600 ~ $ 4200 g 12000. 10800 ~ 2 a N N ~ ° ~ w ~ w J OREGON TFWL G HWY. 44 ~ RD ~ ~ ~ OVERLAND ~ 12tM0 AO. 1500 1 ~ 30 1600 3300 a200 ~~ ~ ^ ACRD Commission Date -June 7, 1995 - 12:00 P.M. 0 0~ • ®~ I o AUTUMN IT la ~ ~q o~'~ ~ ~ ~jQ v+ 16' y• g 10 13 _ . 9 8 7 w 6 II (~ ~ 15 I1S ~ ~ i9 20 I ....... I • 5 12 13 14 IT I8 ___, i 14 r 0 / AUTUMN WAS / 3 N~' s a ,3 IQ II 10 9 8 7 6 5 4 t' ? >- t 2 3 •-' 1~~ i 1 ~0 ~ 1, a I ANNEXATIQ~ REDt~1B A,P'PLICAT ~ ~1DITI USE A,PPLICATIQ~T Jacksons F Stores '' ~ 2 ~ Q 625 Nortt-i F.~e itoad -LOP 1 ,MAGIC VID/ IVISIQI ~ Meridian, iidai><o 83642 1 ~._~ -~~~_- -I --. C MEW ,_._.___ - '`'wGIG - ._ '''~-..C - __ ~ Vj E w - . -- ~~ - - OR1vE ' ~ e RT ,~ S ~. ~ ~ t1 W i y \~~~ \ •~ 23 \ b~ ~ ~J r ~ },,. ~ "r €~ ~ Z W 3ENTR1' WA'• ~ f I - _". t ~~ .i ~, AD,! ~ S E. ,~ INO ASSN Y 1994 T _ ~_ n n D 7 - c ~- a w e ~e o ~- o • I i ' ~~ D ~ ~:~ Q M •~ A I t s M C~ ~' G I I ~~ M :::L~ j~ .~ I IY .~ is i i :~ D s e y i I i i i a: .o -> ~o M M ij ~": ~~ Facts and Findings: A. General Information C-G -Requested zoning 2.4 -Acres to be developed (4.3-acres total for Lot 11) 4,984 -Square feet of proposed building 283 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Eagle Road Principal arterial with bike route designation Traffic count 24,233 on 6-14-94 311-feet of frontage -feet existing right-of--way Comply with ITD's right-of--way requirements State Street is improved with 5-lanes and no curb, gutter or sidewalk. Magic View Drive Local street with no pathway designation No traffic count available 360-feet of frontage . 50-feet existing right-of--way (25-feet from centerline) 60-feet required right-of-way Magic View Drive is under partial construction for utility work The current driveable pavement is 15-wide. Allen Street Local street with no pathway designation 300-feet of frontage 50-feet existing right-of-way (25-feet from centerline) No additional required for a local residential street Allen. Street is improved with 20-feet of pavement with no curb, gutter or sidewalk. No development is proposed on Allen Street at this time. B. The site is undeveloped at this time. C. State Highway 55/Eagle Road is under the jurisdiction of Idaho Transportation Department (ITD). The developer is required to submit application materials to ITD for review and requirements of that Department. D. The proposal is for a commercial use. The District's standard commercial road is a 41-foot MCU-8-95/MRZ-5-95 Page 2 C~ • street section with 5-foot sidewalks within a 60-foot right-of--way. E. Access is proposed to the site with two 58-60-foot wide curb cuts on Magic View Drive. The site has sufficient frontage to qualify for two driveways on Magic View Drive. A maximum of three driveways will be allowed on Magic View Drive upon full build-out of Lot 11. Staff recommends that the driveways be reduced in width to 30-feet, the standard commercial driveway width, and that the driveways be constructed as curb return approaches because of the high volume of traffic generated by this site. Staff recommends that the eastern driveway be located a minimum of 85-feet west of the site's east property line/Eagle Road right-of--way to allow sufficient room for stacking at Eagle Road (allows for 125-foot separation from eventual 6-lane configuration on Eagle Road). The two driveways should be separated by a minimum of 125-feet. F. The transportation system will be adequate to accommodate additional traffic generated by this proposed development. G. This application is scheduled for a public hearing by the Meridian Planning and Zoning Commission on June 13, 1995. The following requirements are provided to Meridian City as conditions for approval: Site Specific Requirements: 1. Construct two 30-foot wide curb return driveways on Magic View Drive. The eastern driveway shall be located a minimum of 85-feet west of the Eagle Road right-of--way. The western driveway shall be located a minimum of 125-feet west of the eastern driveway. 2. Dedicate 30-feet of right-of--way from the centerline of Magic View Drive abutting parcel (5 additional feet). The owner will ~ be compensated for this additional right-of--way. 3. Dedicate a 15' x 15' triangle (or appropriate curve) of right-of--way at the corner of Magic View Drive and Eagle Road abutting parcel to keep the street improvements in the public right-of--way. The owner will not be compensated for this additional right-of--way. 4. Comply with requirements of ITD for State Highway 55/Eagle Road frontage. Submit to the District a letter from ITD regarding said requirements. 5. Construct curb, gutter, 5-foot sidewalk and match paving on Magic View Drive abutting parcel. Improvements shall be constructed to half of a 41 -foot back-to-back street section plus 12-feet of pavement. 6. 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. MCU-8-95/MRZ-5-95 Standard Requirement • 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar davs of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity and minimum fee of $110.00. 2. Aright-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. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of Meridian and shall retain all storm water on-site. Public street drainage facilities shall be located in the public right-of--way or in a common lot owned by a homeowners association set aside specifically for that use. There shall be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat (when applicable). 4. 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. 5. Locate obstructions (utility facilities, irrigation and drainage appurtenances, etc.) outside of the proposed street improvements. Authorization for relocations shall be obtained from the appropriate entity. 6. 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. 7. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 8. Submit three sets of street construction plans to the District for review and appropriate action. Should you have any questions or comments, please contact the Development Services Division at 345-7662. MCU-8-95/MRZ-5-95 Page 4 CENTRAL CENTRAL DISTRICT HEALTH DEPAR~IENT ~• DISTRICT Environmental Health Division ~1T H EA LT H . , .:, _: ~~ Return to: `',•~~,,,'~ ~' ~ ^ Boise DEPARTMENT ~~~ .~ ~i ~ ~ 1 ~~~w~ ^ Eagle Rezone # n $ f; ^ Garden city Conditional Use # JAc.(~,ror•1 ~voD S7U>~S ~•~~~ ~P'leridian ^ Kuna Preliminary /Final /Short Plat ^ ACz lioT II M~~- y~Eµ1 SU$,DI/~J~pil ^ I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well "^ interim sewage ,~--central water ^ individual sewage ^ individual water ~' 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~--central sewage ^ community sewage system ^ community water ^ sewage dry lines ~Acentral water 10. ^ I I. ^ 12. ^ 13. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ,~.- 14. We will require plans be submitted for a plan review for any: #ood establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 15. c~'q°+®~CM ur,n~rcrt_ M A-r.r ,a-tr~-r: o~T' Glef 7"~R1A~ ~S A~"'f71GM'a=S1 Date: S l 3 ~ /~ Reviewed By: Review Sheet CDHD ID/91 rcb, rev. I/95 CENTRAL •• DJSTRICT ~1'`HEALTH DEPARTMENT MAIN OFFICE • 701 N. ARMSTRONG PL • BOISE, ID. 83104-0825 • (208) 315.5211 • FAX: 321-8500 To prevent and treat disease and disability; to promote healthy li~'estyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECONIlVIENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc. , Uribe and Assoc. , Resources Planning Assoc., for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL _ Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise, and Ada Counties Ada / lase Courtly OMice WIC lase • Meridan Elaare County 08ke Elmore Counly C18ee 707 N. Annsfrong q.. 1606 Robert St. 520 E. 8th Sheet N. of Environmentd HeolA Bone. M). 83104-0825 BoBe. ID. 83705 Mountain Home, 8). 190 i 41h She't E. Enwo. Heotth: 327.1499 Ph. 334.3355 83617 Ph581-4401 Mountain Home. ID. Fomly Plomin¢ 327.7400 324 Meridian Rd. 83647 Ph. 587.9225 Irtxnunitatbrx 327.1450 Nuhitbn: 321.1460 Meridian, a). 83642 Ph. 888.6525 YVIC: 327.7488 VaNy County 08fee P.O. lox 1418 MCCd. ~. 83638 Ph. 634.7194 • • HUB OF TREASURE VALLEY • COUNCIL MEMBERS OFFICIALS RONALD R. TOLSMA WILLIAM G. BERG Jr. Clty Clerk A Good Place to Live MAX YERRINGTON , , JANICE L GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Engineer CITY OF MERIDIAN ROBERT D. CORRIE WALT W. MORROW BRUCE D. STUART, Water Works Supt. P 6 Z COMMISSION JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS Perks supt. 33 EAST IDAHO JIM JOHNSON, Chairman , SHARI S. STILES, P ti Z Adm. MERIDIAN, IDAHO 83642 MOE ALIDJANI JIM SHEARER KENNETH W. BOWERS, Flre Chlet W. L. "BILL" CORDON, Ponce chief R Att G O ~ 1'~---..= i-~ ,_., n r Phone (208) 8884433 • FAX (208) 887.4813 (~ ~- ~ n , r ~ ,V ~~ , n ~ U - CHARLIE ROUNTREE TIM HEPPER ., orney WAYNE . CROOKST N, J _ ~ i~_ .... Public Works/Building Department (208) 887-2211 U GRANT P.KINGSFORD ~ ~, ~:`_;:~ •~.w,-- ~ or~,a f:~~a~ Mayor ~i 11 : 0 n; v I I S I"'t { ~S 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 8s. Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: June 6, 1995 TRANSMITTAL DATE: 5/16/95 HEARING DATE: 6/13/95 REQUEST:Conditional Use Permit for a travel center providing_Qas and food BY: Jackson Food Stores Inc LOCATION OF PROPERTY OR PROJECT: Lot 11 of Magic View Subdivision. 625 North Eagle Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT _CHARLES ROUNTREE, P/Z 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 & 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 wavs POLICE DEPARTMENT must be protected. Municipal surface drainage~~ CITY ATTORNEY be retained on site. If anv surface drainage 1PaVPR CITY ENGINEER the site, Nampa & Meridian Irrigation District mncr CITY PLANNER review draina~~ plans T ; s rernmmPnrlPrl that irrigation water be made available to all develo,pm n c w; hip chic Tl;crr;r•r_ Nampa & Meridian Irrigation District requires that a T.anrl' iicP (:hanga~Ci rc Development application be filed for review print rn final nlartino r,,.,r~..r Donna Moore at 343-1884 or 466-7861 fir fttrrhPr infnrmati~ , Acc; ctant WarP Bill Hensop r 4111 PYl nt P1'1 l~PnY . Nampa & Meridian Irrigation ~ .. '.J yam District ~`"' ... ~ "~'• ~~•~ ~ d~~ 1~~`w~i~~1~L"~f,I air:. w -~ • • ~2a~srr~a & ~Zi~ridda~ ~Ivugat~oac ?>ia.~ciet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Jackson's Food Stores, Inc. 3500 Commercial Court Meridian, ID 83642 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Travel Center - 625 N. Eagle Dear Jackson's: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File ater Superintendent /City of Meridian enc. C~Op~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1 June 1995 OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Watte Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P ~ Z Adm. KENNETH W. 80WERS, Flre Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO 1VIERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P b Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER 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: June 6, 1995 TRANSMITTAL DATE: 5/16/95 HEARING DATE: 6/13/95 REQUEST:Conditional Use Permit for a travel center providing gas and food BY: Jackson Food Stores Inc LOCATION OF PROPERTY OR PROJECT: Lot 11 of Maaic View Subdivision. 625 North Eaale Road JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z _TIM HEPPER, P/Z 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 8~ 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: YVIAC 1 C..~ t/ t t =t~.f ~ c~' 1 b ~ l~~B+,;yl „t~-+ ~'J~ t! E ~.p J~iy tl ~ t..4.3 HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN OFF~C:ALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Watte Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, FireChlef W. L. "BILL" GORDON, Police Chief 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) 887.4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE wALT w. MoRROw P 6 Z COMMISSION JIM JOHNSON, Chairman MOEALIDJANI JIM SHEARER CHARLIE ROUNTREE rIM HEPPER 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: June 6L1995 TRANSMITTAL DATE: 5/16/95 HEARING DATE: 6!13195 REQUEST:Conditional Use Permit for a travel center providing gas and food BY: Jackson Food Stores, Inc LOCATION OF PROPERTY OR PROJECT: Lot 11 of Magic View Subdivision. fi25 North Eagle Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BU{LDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES YOUR CONCISE .~ P~i~Y 1 7 1~'~5 ~rr~ u~ ~~~,~~~~ • MERIDIAN PLANNING & ZONING COMMISSION MEETING: AUGUST 8.1995 APPLICANT: JACKSON FOOD STORES AGENDA I TEM NUMBER: 7 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CtTY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: 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: IDAMO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: • 1~~ ~~~ FINDINGS OF FACT AND CONCLU810N3 OF1LAW 1~ ~~ ,~~ ~QG '~ ~L ~~ ~;. ~~~~ ~ ~ ~~ SS OTHER: _ All Materials presented at public meetings shall become property of the City of Meridian. . ~o~~ BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN JACKSON FOOD STORES, INC. CONDITIONAL USE PERMIT LOT 11 OF MAGIC VIEW SUBDIVISION 625 NORTH EAGLE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on July 11, 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 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 July 11, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 11, 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 annexation and zoning is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/JACKSON Page 1 1 r • • reference is incorporated herein; that the property is approximately 4.5 acres in size. 3. That the property is presently zoned C-G General Retail and Service Commercial (C-G); that the specific use for the property will be for a Jacksons Travel center, providing food and fuel service, which application requires a conditional use permit for the operation of the travel center. 4. That the General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 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. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 6. That the property is located on Eagle Road just north of Interstate I-84; that the property immediately to the south is a vacant corn field; that the application complies with the Meridian Comprehensive Plan. 7. That Jacksons Food Stores, Inc. is the record owner of the above referenced property and has consented to the application and has requested this conditional use and the application is not FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/JACKSON Page 2 • at the request of the City of Meridian. 8. That there was no testimony presented at this hearing by the Applicant or a representative. 9. That there was no public testimony given. 10. That the Meridian City Planning Director, the City Engineer, Police Department, Fire Department, the Ada County Highway District, Central District Health Department, U S West and the Nampa Meridian Irrigation submitted comments and they are incorporated herein as if set forth in full. 11. That Gary Smith, City Engineer, and Bruce Frec]cleton Assistant to the City Engineer, submitted comments; that any existing irrigation/drainage ditches crossing the property shail;~e 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 the high seasonal ground water needs to be determined and a profile submitted on the subsurface soil conditions as prepared by a soil scientist witr. the design of the site drainage plan; 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, and sidewalks shall all be provided in accordance with City Ordinances; that all construction shall conform to the requirement of the Americans with FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/JACKSON Page 3 • Disabilities Act; that sanitary sewer service could be to the sewer line being installed in Magic View Drive directly ad;acent to the north; that water service to the proposed site could be to the water line being installed along the easterly side of S. Eagle Road and that assessment fees for water and sewer service shall be 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. 12. That the Planning and Zoning Administrator, Shari Stiles submitted comments and they are incorporated herein as if set fortr. in full; that the area shown as sod is not to be replaced with bark, rock, etc.; that continuation of the sidewalk is requires: along Eagle Road; that additional parking spaces are required; City Ordinance requires one (1) space per 200 square feet of gross floor area; that the total paved area calculation be provided to the Zoning Administrator; that landscaping should be considered along the westerly portion of developed area to screen the facility from view of nearby residential sites and consideration for nearby residents made during construction. 13. The Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department, Nampa Meridian Irrigation District, and U. S. West; that all such comments are incorporated herein as if set forth in full. 14. That U S West commented that the standard easement requested of 10 feet of front lot line easement from right-of-~aay on Magic View and 10 feet along Eagle Road be granted. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/JACKSON Page 4 • • 15. That the Ada County Highway District (ACRD) submitted site specific requirements and they are incorporated herein as i~ set forth in full which include constructing two (2) 30-foot wide curb return driveways on Magic View Drive; that the eastern driveway shall be located a minimum of 85-feet west of the Eagle Road right-of-way and the western driveway shall be located a minimum of 125-feet west of the eastern driveway; dedicate an additional 30-feet of right-of-way from the centerline of Magic View Drive abutting parcel (5 additional feet) ; dedicate a 15'x 15' triangle (or appropriate curve) of right-of-way at the corner of Magic View Drive and Eagle Road abutting parcel to keep the street improvements in the public right-of-way; comply with requirement of the Idaho Transportation Department for State Highway 55/Eagle Road frontage; locate proposed signs out of the public right-of-wa1 and out of clear-vision sight-triangle of all street and driveway intersections. 16. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission have been 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 grant FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/JAC::SON Page 5 • conditional uses pursuant to Title 67, Chapter 65, Idaho Code, and Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of yeridian, Idaho: 4. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and 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 Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance 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. d. The property will have to be furnished sewer and water service which shall be the responsibility of the Applicant. e. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. 5. That all ordinances of the City of Meridian must be met, FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/vACi~SCN Page 6 • • including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, all parking and paving requirements. 6. That all conditions and requirements of the City Engineer and City Planning-Director shall be met and complied with. APPROVAL OF FINDINGS OF FACT AND CONCLUSsO.~TiS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTEDI~~~ G CHAIRMAN JOHNSON (TIE BREAKER) VOTED 4 DECISION AND RECOMMENDATTOAI The Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: d APPROVED : ~~-"~~- DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USL/~ACIZSOI~I Page 7 Meridian Planning & Zoning Commission July 11, 1995 Page 14 Rountree: Second Johnson: Moved and seconded we approve the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? Hepper: Mr. Chairman, I move the Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these findings of fact, including that the applicant enter into a development agreement prior to issuance of a building permit. If the applicant does not agree with these findings of fact and is not agreeable with entering into a development agreement the property should not be annexed. Rountree: Second Johnson: Moved and seconded to send the recommendation onto the City Council as written all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: CONDITIONAL USE PERMIT FOR A TRAVEL CENTER BY JACKSON FOOD STORES: Johnson: This is the conditional use, what action would you like to take? Crookston: There needs to be findings on this, findings were. not prepared because no action on the annexation findings had been adopted. Rountree: Mr. Chairman, I make a motion we have findings prepared on the request for a conditional use permit. Hepper: Second Johnson: It is moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law on the conditional use permit for a travel center by Jackson Food Stores, all those in favor? Opposed? ~ ~ MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 13.1995 APPLICANT: JACKSON FOOD STORES AGENDA I TEM NUMBER: 10 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRAVEL CENTER 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: 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: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS ~~"i SEE ATTACHED COMMENTS 5~ ~~'~ ~ ~ ~~, SEE ATTACHED COMMENTS ~ Q, ~~ SEE ATTACHED COMMENTS ~ W 1~' 1 ~: SEE ATTACHED COMMENTS OTHER: WATER DEPARTMENT All Materials presented at public meetings shall become property of the City of Meridian.