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HomeMy WebLinkAboutPaintball Sports MEMORANDUM To: Mayor, Council, and Planning and Zoning Commission From: Jim Babbitt, Code Enforcement Officer~~ Re: Goteha Challenge Paintball Facility Date: 12-14-95 Code Enforcement has been asked to review the status of the "Gotcha Challenge" paintball game facility located at 37 E. Broadway. Specifically, I have examined whether or not Mr. Covino has complied with the provisions set forth by the Council in the conditional use permit issued to Mr. Covino on April 17, 1990. This report will summarize my findings. BACKGROUND Mr. Peter Covino applied for a conditional use permit in early fall of 1989 for property located at 37 E. Broadway. This location is zoned Old Town. Mr. Covino's proposed use was "a game of tag -using paint gun -air pistols -for adults - to be play(ed) in part of the old creamery. " This use is allowed in the Old Town zoning district with Council's approval of a Conditional Use Permit. At the direction of the Planning and Zoning Commission, the City Attorney prepared Findings of Fact and Conclusions of Law. These were approved as is on April 17, 1990, by Council. Conditional Use Permit was approved on the same date. CURRENT STATUS Planning and Zoning- would like to review three salient points pertaining to the Gotcha Challenge facility. The first two are in response to Council's concerns regarding ownership and paintballs being shot outside of the structure. With regard to ownership, Ada County Recorder's Office indicated that Mr. Covino is the owner of the business. No changes of ownership have been recorded with that office. On 12-14-95, I asked Mr. Covino if he was the owner of the business and he indicated that he was. The issue of paint balls being shot outside of the facility is • addressed directly in Findings of Fact and Conclusions of Law. Any such activity is clearly in conflict with the requirements prescribed in the Conditional Use Permit approved by Council. The document states that "the use should not be hazardous nor should it be disturbing to existing or future neighborhood uses. " Further, the document states that the applicant is responsible for monitoring patrons' activities. A final issue of note is the accumulation of "junk cars" stored at the rear of the building. There are several vehicles and an accumulation of auto parts (including a 55 gallon drum filled with an unidentifiable liquid) stored at the rear of the building. This was a point of contention prior to and after the City issued Mr. Covino a Certificate of Zoning Compliance. It should be noted that the auto salvage business is operated by the building owner and not Mr. Covino. The balance of the building is free of debris. Included in this report are letters from Fire Marshal Voss and Building Inspector Whitman which describe several fire and building code violations. Staff feels that these items should be brought to Council's attention because of the safety issues involved. A possible course of action is to revoke Mr. Covino's Conditional Use Permit until such time as the structure is safe and suitable for occupancy. OFFICIALS • 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, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE UALL~ COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA CITY OF MERIDIAN MAX YERRINGTON WALT W. MORROW 33 EAST IDAHO P & Z COMMISSION MERIDIAN, IDAHO 83642 JIM JOHNSON, Chairman Phone (208) 888-4433 • FAX (208) 887-4813 MOE ALIDJANI Public Works/Building Department (208) 887-2211 JIM SHEARER Motor Vehicle/Drivers License (208) 888-4443 CHARLIE ROUNTREE TIM HEPPER GRANT P. KINGSFORD Mayor INSPECTION REPORT Re; Gotcha Challenge At the direction of the City Council an inspection of the Gotcha Challenge Paintball facility was done 12/14/95. The following items were found to be Building Code deficiencies. Sec.3313 {a)-- Requires exits to be illuminated.The majority of the emergency lights were inoperable. Sec.3314 {c)-- Requires exit signs to be illuminated and to be either self-luminous or be wired into the electrical system with a back-up system in case of emergency. Sec.301 {a)-- Permits are required for alterations of the structure . There have been holes cut into the f loon of the play area and a structure built on the roof. No permits have been issued for that work. Sec.203-- Refers to buildings that are considered unsafe when adequate egress is not provided, or if there is a fire hazard. It directs the Building Official to institute appropriate action to prevent,restrain,or abate the violation. Mr.Covino, the owner of the business said he was aware of the electrical problems and had contacted an electrician to make the necessary repairs. I verified by phone that he had contacted an electrician to schedule the repair work. That first contact was made 3.1/9/95. The electrical contractor has made several trips to the business but has not completed the repair.They did indicate to me they were very busy and scheduling has been their problem. My recommendation would be to withdraw based on the unsafe condition of the willingness to continue to allow the building. Daunt Whitman Building 4ffical City of Meridian the Conditional Use Permit building and the owners public into that unsafe ~ ~ GOTCHA CHALLENGE On December 14, 1995 at about 10:15 A.M., Daunt Whitman, Building Official, Raymond Voss, Fire Marshal and Jim Rabbit, Zoning Inspector did take an inspection tour of the building that is occupied by Gotcha Challenge. On this inspection the following fire and life safety items were found: 1. Exit sign in building broke and not working. 2. Emergency lighting broke and not working. 3. Hole that had been cut in the floors and stairs added with no permit. 4. A hole in floor with an aluminum ladder in it and no protection around it. 5. Fire extinguisher discharged and not tested or ready for use. 6. Electrical wiring bad and in disrepair which could cause electrical shock. 7. The use of extension cords that are not allowed by code. 8. Illegal storage under exit stairs at back of building. ~I'Y~7 Ra and Voss Fire Marshal ~ ~ C = TY OF MER = D = AN PLANN = NG AND Z ON 2 NG M E M O R A N D U M TO: Mayor, Council, City Attorney FROM: Jim Rabbitt~ SUBJECT: Gotcha Challenge Update DATE: March 18, 1996 As you will recall, Peter Covino was inspected last month by Building Official Daunt Whitman, Fire Marshal Voss and myself. Mr. Covino has accomplished the following since that inspection; 1. Exit signs and illumination have been repaired. 2. Electrical wiring under castle in lower area has been repaired, 3. Portable fire extinguishers have been charged, inspected, and installed in play area. 4. Storage under exit stairway has been removed. 5. Building permits have been applied for and issued for alterations done to skylight areas and holes cut into floor. Mr. Covino is working with Building Official Whitman to find a satisfactory solution to fixing the holes in the floor. These holes have been partially covered but have not been inspected by Daunt. ~ ~ Meridian City Council January 16, 1996 Page 67 Rountree: On the B & F Enterprise, the last page you have item I highlighted would you speak to that? Smith: I don't think I have the last page, what does is say Councilman Rountree? Rountree: The City wilt provide a 6 inch sewer stub out for the property owner, the end of the 6 inch sewer stub out shall be plugged in accordance with the City of Meridian standards and specifications. Smith: I don't know that is a problem, we normally don't provide six inch service stubs but I guess we can talk to them and see if that is what they have to have. Morrow: Mr. Mayor Smith: I think one thing we need is your specific approval to allow connection of the Buckert residence because it is outside the City limits and a double fee. It by ordinance requires the Council approval for that connection. Morrow: Mr. Mayor I am prepared to move that we authorize the Mayor to sign and the City Clerk to attest the easements presented by City Engineer Smith for Wanda L. Buckert to and including the double fee and recognize that it is outside the City Limits, for B & F Enterprises, subject to review by City Engineer Smith and an agreement from him and also the Peck property on the south side of the freeway. Rountree: Second Corrie: You have heard the motion, it is made and seconded, any discussion? All those in favor of the motion on the floor signify by saying aye? Opposed? MOTION CARRIED: All Yea Smith: Thank you Mr. Mayor and Council. Corrie: Shari do you have anything? Wayne Crookston? Crookston: Nothing Corrie: Mr. Morrow? Morrow: Yes, 3 or 4 things. One is that I wanted to .know a status report in our last meeting we had a letter from Jim Rabbitt, Daunt Whitman and Fire Marshall Voss • Meridian City Council January 16, 1996 Page 68 • concerning the Gotcha Challenge paintball facility. I would like to hear an update as to where our staff is with solving those problems. (End of Tape) Stiles: Councilman Morrow, Mayor and Council, the memo that you have is the last action that has been taken. Council is well aware of past actions that have -been taken and the fruits of those labors. I guess we would defer to Council on what do we do. Mr. Rabbitt is going to be writing a letter to Mr. Amyx regarding the junk vehicles back in the alley but as far as our ability to enforce compliance with the conditional use permit we are well away from being able to do that right now. If we were going to enforce the conditional use permit they would be closed by now. Morrow: Well, so then the sense of direction from the Council to the staff might very well be that you need to turn this all over to City Attorney Crookston and have him pursue it from whatever legal aspect because there has been no attempt on the Gotcha Challenge's part to meet these conditions set forth by Mr. Rabbitt, Mr. Whitman and Mr. Voss. Stiles: Nor were there ever, there was never an attempt on his part to meet the conditions of the conditional use permit. He was just in operation the next day. Tolsma: I am just saying, we have had problems with this in the past and I think the judge gave us a ruling over in Boise on this and he made an injunction against him for $300 a day for everyday that he wasn't in compliance. That was with the salvage cars that they had out in back at that particular time. Crookston: That is true and that was with Mr. Amyx and I believe that pertains to the building also and not just Mr. Amyx's keeping of the building. Tolsma: (Inaudible) Crookston: Yes quite some time it was probably 7 to 10 years old. Tolsma: But at this point in time if he is not in compliance with the conditional use permit do we have the right to shut him down? Crookston: Yes you do. Tolsma: Then I think we should that will get his attention really quick. Corrie: What if he doesn't shut down, what can we do? Crookston: You have to sue. r • Meridian City Council January 16, 1996 Page 69 Corrie: We have to go through court anyway. Just for the Council's edification two of the people from the fire department their pick ups were shot with balls here within two days ago. Morrow: Well quite candidly I am to the position here now that where the staff has done what they can, we have given the necessary time I think that a motion is appropriate to instruct the City Attorney to begin constructing all legal recourse to correct the situation and to press forward with that. Tolsma: I think post haste on that. Corrie: Is that a motion Mr. Morrow? Morrow: Yes Tolsma: I will second Crookston: Go ahead I will say something during the discussion period. Corrie: The motion has been made and seconded, discussion? Crookston: The way I understand it you are not just talking about Mr. Covino it is anybody that is in that building particularly Mr. Amyx if he has any business in it, anybody that is doing anything in that building you want to bring proceedings against is that correct. Morrow: I think from my perspective that is certainly correct. If Mr. Amyx has some liability here with this Gotcha Challenge that is fine, if the junk cars are out of balance again then that issue needs to be pursued on a regular basis. Obviously we have a situation here where no one wants to change their act. And so we just keep hammering away at it. i don't see any other way of doing this. Tolsma: There area lot of businesses that are operating in various parts of the building under different names and different people. Morrow: Well I guess the issue would be then Ron if those businesses are there and they are not under a conditional use or certificate of occupancy or whatever then they ought to be out of there. Tolsma: They are not, they have paint shops and everything else out there. Morrow: I think the intent of the motion was to correct whatever ills are there. Meridian City Council January 16, 1996 Page 70 Corrie: Is the Council all in favor of the what- that reads? All those in favor say aye? Opposed? MOTION CARRIED: All Yea Corrie: Counselor, I guess you got the wishes of the Council there. Crookston: Yes I do. Morrow: The second is that we received a' letter from the Ada County Highway Commissioners and essentially the letter is asking support for their position with respect to a resolution to the State Legislator talking about and I will read. It is whereas Ada County has as estimated funding deficiency of $30 million for transportation infrastructure. The State of Idaho has $5.4 billion. The bottom line here is they would like support for the local option registration fees and road impact fees have been adopted in Ada County but such measures failed to raise adequate revenue to properly fund transportation infrastructure. Whereas the State Transportation Committee recommended an increased in State fuel tax at 4 cents per gallon and an increase in motor vehicle registration fees of approximately 30% and a 50/50 allocation of new funds between local highway jurisdiction and the Idaho Transportation Department. The recommendation of the Transportation Committee if adopted would result in an additional $2 to 3 million per year being available for transportation projects in Ada County. And so in a sense what the ACRD Board of Commissioners is asking us it to sign on and with this letter to the State Legislators endorsing that concept. I might suggest to you an additional part from our standpoint might be that we keep hitting on the change in the distribution funding formula to let those folk know that we are still thinking about that and the unfairness of it. And so I guess I would throw that open to comments as to what you want to do if you want to endorse the concept as a City, fine if not fine. If you want to talk about changing the distribution formula that is fine also. Tolsma: What I would like to see is all this money and revenue going to be taken in is going to used for road construction or hiring personnel. If it is for hiring personnel I think kick it out the door. If we are actually going to do road construction projects with it than let's go for it. But there is nothing in this resolution that defines whether it is going to be used for hiring personnel or it is (inaudible). And where the road construction projects are going to be if they are going to be in Boise or in our area over here. Morrow: This is the State. Tolsma: Granted but it is allocated back to the counties again. • BEFORE THE MERIDIAN PLANNING AND ZONiP;G COMMISSION PETER COVINO/AMYX FAMILY LTD, PA1tTNERSHIP CONDITIONAL USE PERMIT 27 EAST BROADWAY MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSION`> OF LAW The above entitled matter having come on for public hearing October 10, 1989, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning. Commission of the City of Meridian having duly considered the evidence and the matter, makes the follo-ving Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of public hearing ors the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 10, 1989, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 10, 1989 hearing; that the public was given full opportunity to express comments and submit evidence; and tf~at copies of all notices were made available to newspaper, radio and television stations. AMBROSE, FITZGERALD 8 CROOKSTON Attorneys end Counselors P.O. Box 427 Merldisn, Idaho 83842 Tsleptrone 888J48/ 2. That this property is located within the City of Meridian and is owned by Applicant Amyx Farnily Ltd, and is described in the application, which description is incorporated herein as if set forth in full; the property is generally described as at the southeast corner of Broadway and Meridian Street; the proposed use of the property is to operate an entertainment and recreation center involving a splat gun game and air pistols. 3. That the property is located irr the Old Town (OT) District, which requires a conditional use permit for the operation of the use the application requests; that additionally Section 11-2-4096., Commercial, Zoning Schedule of Use Control, allows the proposed use only as a conditional use regardless of the zoning district; that the present authorized use of the premises is an indoor junk yard and auto dismantling operation; that a portion of the premises will continue to be used by the Applicant Amyx for the present use and a portion will be used by the Applicant Covino for the use requested in the application. 4. That the OT District is described in the Zoning Ordinance, 11-2-408 B. 10 as follows: AMBROSE, F1T2GERALD 3CROOKSTON Attomeye end Counselors P.O. Box 127 Msridien, Idaho 83&12 Telephone 888.4181 (OT) OLD TOWN DISTRICT: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and U to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, rnedium- high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to tyre handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That under Zoning Ordinance, Section 11-2-409 B., the use proposed by the Applicant is an enumerated allowed conditional use in the Old Town District, but only as a conditional use. 6. That the property to the west is residential and auto storage; the property to the east is a service station and a feed store; the property to the south is railroad property and tracks; the property to the north is a bank, a residence and City Hall; the property kitty corner is the American Legion Hall, residences, and an office for an optometrist. 7. That the existing- authorized use operated by the Applicant Amyx is an indoor junk yard, which has in the past been and is presently operated illegally outside in violation of AMBROSE, F1T2GERALO 6 CROOKSTON Attorneys end Counselor P.O. Box 427 Merldlen, Idaho 838.2 Telephone 888-4181 • • Meridian Ordinances; that there is an Injunction Order issued by the Fourth Judicial District Applicant Amyx from using, and an outdoor junk yard; that ther junk personal property being building in violation of the Court that permanently enjoins the property from being used, as e currently are junk vehicles and stored outside of the enclosed Injunction Urder and Meridian Ordinances; that the property is cluttered and unsightly with old vehicles and junk personal property and parts strewn about the property. 8. That there was testimony at the hearing by residents owning property in the area regarding parking, possible vandalism, and litter that could be created by the business; they voiced objection to approval of the conditional use permit; that the Applicant Covino stated that he would be responsible for all litter clean-up and vandalism. 9. That there was testimony that objected to the game itself as promoting violent tendencies. 10. That the Ada County Highway District (ACRD) submitted comments and they are incorporated herein as if set forth in full; that specifically ACRD required the Applicant to provide curb, gutter, 5 foot sidewalk, and match paving on Broadway Street abutting the parcel and provide 1/2 of a 41 foot back-to- AMBROSE, FITZGERAID d~CROOKSTON Attorneys and Counselors P.O. Boz 427 Meridian, Idaho 83842 Telephone 8884481 • • back roadway section; and ACRD required the same improvements on Meridian Street. 11. The City Engineer submitted comments and they are incorporated herein as if set forth in full; specifically he noted that the property was not connected to City water. and would be required to do so, including installing a service line, water meter yoke, tile, ring and cover; sewer service was connected but restrooms needed to be connected to the sewer and restrooms would be required to meet ttte Uniform Plumbing Code which the Commission finds would include handicapped facilities; onsite parking at 6 spaces per 1,000 square feet would have to be supplied which based on Mr. Covino's statement at the hearing, that there would be 20,000 to 30,000 square feet used in the building, would thus require 120 to 180 parking spaces and would require landscaping; also the engineer noted that compliance with the 1 fighting ordinance would have to be made; that the Applicant Covino testified that regarding the parking, patrons would most l ikely use the parking lot of the Bank's across Broadway street and did not see the need for providing his own on-site parking; he did testify the Applicant Amyx would let him use the area in back of the premises for parking; that the parking plan submitted with the Application does not AMBROSE, F1T2GERAlD 8 CROOKSTON Attomeye and t:ounssbn P.O. Box 427 Meridian, Idaho 83842 Telephone 8884481 • • show 120 to 180 on-site parking spaces. 12. The Police Chief submitted comments and they are incorporated herein as if set forth in full; his concerns were the junk vehicles and parts on the premises and associated combustible oil and gas and fumes therefrom; f~is concern was for safety of the participants and emergency people. 13. The City Electrical Inspector submitted comments and they are incorporated herein as if set forth in full. 14. The City Plumbing Inspector submitted comments and they are incorporated herein as if set forth in full. 15. The City Fire Chief submitted comments requiring the premises to be brought up to existing fire code and life safety codes and ordinances of the City. 16. The City Building Inspector submitted comments and they are incorporated herein as if set forth in full; specifically he stated that Chapter. 33 of the Uniform Building Code (UBC) regarding exits, doors, and stairways would have to be met and Chapter 38 of the U.S.C. would have to be met regarding a fire-extinguishing system. 17. That the buildings which will be used by the Applicant Covino, were constructed many years ago prior to the effective date of the present Zoning Ordinance, and were initially used as AMBROSE, FITZGERALD 6 CROOKSTON Attomsys and Counselors P.O. Boa 427 Meridian, Idaho H3842 Telephone tIt1B-4461 • a creamery and then as a milk and baby food processing plant, essentially a manufacturing plant; that the buildings have not been upgraded since initial construction. 18. That proper notice has been given as required by law and all procedures before the Planning and 7_oning Commission have been given and followed. 19. That the Applicant has submitted the names of the people owing property within 300 feet of the property but their approval of the use of the property is not required because the property is not in a residential district. 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 aut~iority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Complied Ordinances of the City of Meridian, Idaho; 3. That the City of Meridian has authority to place AMBROSE, FITZGERALD R CROOKSTON Attorneys and Counselors P.O. Boz 427 Msrldisn, Idaho 83842 Telephone 8884181 • • ~~ . 'condi tions on a conditional use permi t 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 two of the statements included in the Intents and Purpose section of the Zoning Ordinance, Section 11-2-402 are as follows: "15. To insure that additions to and alterations or remodeling of existing buildings or structures comply with restrictions and limitations imposed hereunder." "16. To provide protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare." 5. That the following provisions of the Zoning Ordinance are noted: a. 11-2-405 B 1 Changes in Structure or Use: Within the corporate limits of t- he City of Meridian, except as may otherwise be provided in this Ordinance, al l uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings occurring hereafter, shall be subject to all regulations herein which are applicable to the districts in which such buildings, uses or land shall be located. AMBROSE, FITZGERALD d CROOKSTON Attorneys and Counselors P.O. Box 427 Msrldlan, IdaAo 83812 7etspAOne 8884481 b. 11-2-405 C 1 Use: A building, structure or land shall ~e-reafter be used or occupied, and a building or part thereof, or other structure, shall be erected, raised, moved, reconstructed, extended, enlarged or altered • • only as in conformity with the regulations herein specified for the district in which it is located, Exceptions to the use and bulk regulations of this Ordinance shall be only by Conditional Use. c. 11-2-407 6 1 COMPLIANCE WITH ZONING DISTRICT REGULATIONS: ITo ui ing, structure or land~~sfial~'T-be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with al l of the regulations herein specified for the district in which it is located. d, 11-2-414 A 3 New Us e_: Whenever the existing use of a u~i Ding or structure shal l hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. e. 11-2-42U A CERTIFICATE OF ZONING COMPLIANCE REQUIRED: No ui Ong or other s~tructu're~ sh~aT~be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance issued by the Administrator, Certificate of Zoning Compliance shall be issued only in conformity with the provisions of this Ordinance and shall be required before the issuance of a Building Permit. AMBROSE, FiTZGERAID ACROOKSTON Attorneys end Counselors P.O. Box 127 Merldisn, Idaho tl3842 Telephone B8BJ181 f. 11-2-421 A GENERAL: It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises, or both, or part • • thereof thereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy shall have been issued by the City Building .Inspector stating .that the proposed use of the building or land conforms to the requirements of this Ordinance and with all conditional provisions that may have been imposed. 6. That the proposed use itself would be in compliance with the Meridian Comprehensive Plarr, and would, as an entertainment activity if properly constructed and designed, meet the requirerents of the Old To~vn District set forth in 11- 2-408 B. 10; that the premises itself, used as an indoor junk yard does not comply with the Comprehensive Plan and does not comply with the Zoning Ordinance, however, it has been allowed to operate as long as operated totally indoors; that the operation has not been confined totally indoors and has been operated outside and such is a zoning violation. 7. That the testimony regarding the game itself and its possible tendency to induce violence is not considered to be a zoning matter; the testimony regarding possible vandalism, litter, etc. is a zoning matter and such possibility greatly conflicts with the uses of the surrounding area. Old Town is designed to be a mixed use area including entertainment centers and the possibility of vandalise and litter may accompany AMBROSE, FITZGERALD 6 CROOKSTON Attorneys and Counselors P.O. Box 127 Msrldian, Idaho 83812 Telephone 8884181 • i entertainment facilities but such must be controlled. 8. That the public testimony regarding parking is well taken. The Applicant would have to comply with all on-site parking requirements which would include 120 to 180 spaces with landscaping approved under design approval. 9. That the comments and requirements of ACND, the City Engineer, the City Electrical Inspector, City Plumbing Inspector, the Fire Chief and the Building Inspector are all reasonable and shall have to be met, specifically including Fire Code, Life Safety Code, and Uniform Building Code requirements. 10. 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 preliminarily concludes as follows: AMBROSE, FITZGERAID 3 CROOKSTON Attomsys and Counselors P.O. Box 427 Meridian, Idaho 83942 Telephone 888.4491 a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; the premises itself, however, is in violation of the Zoning Ordinances and other City Ordinances. • • c. The use apparently could be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity, such being designated as set forth in the definition of Old Town as contained in Section 11-2-408 B 10; parking provisions would have to be met. d. That from a zoning standpoint, the use should not be hazardous nor should it be disturbing to existing or future neighboring uses if the activities of patrons are strictly monitored which would be the responsibility of the Applicant Covino and Covino stated he would be responsible for cleaning up the general area and for vandalism in the area. e. The sewer service is available and connected; that water service is available but is not connected and service will have to be installed; both services will have to be maintained and used. f. 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. 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, provided patron activity on and off the •premises is strictly monitored, controlled, and remedied. h. Sufficient parking for the property and the proposed use is not presently available and must be provided including required landscaping. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 11. Due to the operation by Applicant Amyx of an outdoor AMBROSE, FITZGERALD 8 CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83812 TaleOhons 8881181 junk yard and dismantling operation the premises, including on • the area proposed to be used by Covino for on-site parking, in violation of the Zoning Ordinance and other City Ordinances., it is concluded that under 11-2-420 A, the Zoning Administrator could not issue, at this time, a Certificate of Zoning Compliance, which must be. issued prior to the issuance of a building permit; that without a building permit the Applicant Covino could not perform the work necessary to bring the structure into code compliance. 12. It is concluded, however, that if the violations were removed that a Certificate of Zoning Compliance could be issued. 13. It is further concluded that if a Certificate of Zoning Compliance is issued and a building permit obtained, the Applicant will have to comply with the comments and requirements of the Building, Plumbing and Electrical Inspectors, the City Engineer, the Fire Chief, and the Ada County Highway District; that all Ordinances and codes of the City of Meridian would have to be met; additionally the zoning violations presently existing. on the premises could not re-occur and if they did the conditional use permit, if granted, would be terminated; that the Applicant will have to remove all oil, gas and other combustible material from the building which may include cleaning the oil and gas spills; that if granted the permit AMBROSE, FITZGERALD 8 CROOKSTON Attomsya and Counselors P.O. Box 427 MerWlan, Idaho t13642 Telephone t1BB~1181 • would also be conditioned on meeting the parking requirements including landscaping; that measures would have to be taken to assure on-site parking was used such as the main entrance being on the south side of the premises; that the permit would be conditioned on design review of all improvements; that no occupancy permit would be issued until all improvements were made and all ordinances and codes met. I AMBROSE. FITZGERALD b CROOKSTON Attorneys end Counselor P.O. Box 127 Meridian, Idaho 83ti12 Telephone 88BJ181 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the Council either table this matter or deny it until such time as a Certificate of Zoning Compliance can be issued for the premises and if such is obtained by the Applicants the Commission then could recommend approval of the Conditional Use Permit requested by the Applicant for the property described in the application, subject to the conditions stated herein. MOTION: I AMBROSE, FIT2GERAlD b CROOKSTON Attorneys and Counaalon P.O. Box 427 Merldlsn, Idaho 83412 Telephone BBBJ181 Commissioner Hepper Voted Commissioner Alidjani Voted Commissioner Rountree Voted Commissioner Shearer Voted Chairman Johnson (Tie Breaker) Voted APPROVED:~~_ DISAPPROVED: c~ ~,, Meridian City Council December 5, 1995 Page 42 Stiles: Nothing Kingsford: As I mentioned to you before we now have an ordinance enforcer, I would like you to contact him and make him aware that we have an ordinance against snow in the City limits and he better do something about it. Counselor? Crookston: On my agenda there is a newspaper publication clarification, is that still on the agenda? Kingsford: I think we dealt with that already. Crookston: We dealt with that at the strategic planning session. Kingsford: I don't know as we necessarily have any requirement that we follow up on it. Crookston: I would think the only thing appropriate would be to withdraw that motion. Yerrington: I withdraw the motion. Morrow: I withdraw the second. Kingsford: Okay, Walt has withdrawn the second and Max has withdrawn the motion with regard to the Newspaper publication clarification, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Anything else Counselor? Crookston: No Kingsford: Walt? Morrow: Only two issues, one is there has been some complaint by surrounding neighbors of the paintball place with paint balls being shot well outside the structure to the point of peppering many cars to including those close to City Hall. In talking with one of the neighbors immediately adjacent apparently it is an ongoing issue. It seems to me that Mr. Covino's enterprise there was approved under a conditional use permit and one of those requirements I believe if memory serves me was that those activities be confined to within the interior of that building. It seems to me to be appropriate to have that researched by staff and then take whatever action is necessary to see that the activity stops. Meridian City Council December 5, 1995 Page 43 Kingsford: Mr. Berg, could you research that and then work with the Counselor on addressing a letter to Mr. Covino or whoever is not operating that. Crookston: It is different. Kingsford: I think it is now Rich Jarvis. Morrow: Well the issue if it is different does it not need a new conditional use permit required? Kingsford: I think that is true of our ordinance if in fact they have transferred ownership. He was the money in it originally but the conditional use permit was issued to Peter Covino and if you have a different operator over there they are in default as of this moment. Morrow: That is the premise of our conditional use permit is they don't' survive. Kingsford: That is right, they are not transferable. Morrow: So that needs to be from my perspective I would like to see that researched and brought to the chamber to be dealt with. Second issue in your boxes there was a note from ACRD concerning our Citizens Advisory Committee issues that we do on transportation planning to bring you up to speed. That is the normal course of events after January Gary and I have already addressed those issues and those letters will be going out to members of our transportation committee posthaste. That would be all of my (inaudible). Yerrington: Nothing your honor: Kingsford: Bob? Cowie: 'No sir. Kingsford: I have two items, I did receive yesterday a letter of resignation from Charlie Rountree from the Planning and Zoning Commission effective immediately. 1 have talked with the applicant for that Mr. Greg Oslund, I would like to appoint him to the remainder of Mr. Rountree's term that expires on the first month of 1998. I entertain a motion of the Council to confirm that. Morrow: So moved Yerrington: Second • .».. _._ ._.. M~ ~Q.f.10~ CUUH G~/ /1{L°M~pCrS~ INrMbsrS a .«' -....... ..-. ......., ._. ~~,/ Pr a ~ - z 7 test 7~'~Cr ___ L hS GG f%vr9 -- 5~l~ C ~p~ ---- ' a /~C I~e~. _ .. ~DOlvGviKo~ _._. _ GdYI ~~/O'NS r,. ~X / / ~`/ Gt 4t~~f ~ _ --. 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O T _ uG~/!Q/vlQ r _. _. _. _ _._ _ _ .t~ ~ ~ 5 ~~u c~ S a K ~ s w~ `-fClte S w ~' // /!a c! e ~-O d ~ 6r~u-~ l~ ~~'° G` roctn~i.z~ w; l~ ~~ 6oa~e4 ~ t~~ Our~~n~~s ~~~~~~ri cf. ~u~ ~ ~ ~ ~GY < 1'l ,Xt KGr ` (mac, / ~/I <"i Y d q' Ct01' cayj ~ ._ 9``~t~l'tLr/H.~q P-eI^ S ~~- hleG~rl Ga ~ ~dG1~C. • _ _ __. v v ' "' •• 1 ~ !~ -~ w - .~,...-----_-_ -__ .._ MERID=AN C=TX cx~utvc: ia-. APRIL 17r 1990 PAGE #16 Covino: I don't know what the rest is going to be like when they do it, so I'd put something in to be torn out six months or a year down the road. So at least give me permission to do half and then I'll go to the highway and put that on hold for $700.00. I have helped you folks in getting this place cleaned up and I'm after having it look better also. Giesler: Can I have an explanation on the Findings where it says the.ccxi~ission ti~en could recommend, it doesn't sound to me like it's a certificate, it's a dine deal certificate? Crookston: The Findings, the Council can do their own Findings, they can amnend the Findings, if they think its appropriate. It's up to the Council. The Council has the ultimate authority to decide. Myers•If we approved the Findings the way they are then all of these things would have to be met, right? Kingsford:Yel~~also recommend that you specify that if it's your pleasure to specify that in your motion. The Notion was made by Myers and seconded by Tolsma to approve the Findings & Facts F Conclusions of Law as written. Roll Call Vote: Gielser - Yea; Myers - Yea; Tolsma - Yea: Yerrington - Yea: Motion Carried: All Yea: The Motion was made by MyersmeetineCallett}eyconditionsninothepFindingstof Facti&ional Use Permit conditioned upon g Conclusions of Law. Roii Call Vote: Yerrington - Yea: Giesler - Yea; Myers - Yea: Tolsma - Yea: Motion Carried: All Yea: ITEM ~1 7: COVENANTS ON MERIDIAN MANOR ~t6: TABLED AT THE LAST MEETING: Crookston: I have had some conversations with Burt Smith, the developer, he submitte -- ,_. amended covenants. I 'told -~-him --there was-still a =confl=iet in fhe C6~enants wit - - regard to pressurized-i-i'rigation: ===-E~cpla#~ned tv Council. (rape on Fill) He-also-had a -- - clause in there about the City approving 'type-&-design of refabricated structures and I didn't know whether or =not -the City- wanted to get -into -approving these .-such -things. - Kingsford: Is there a representative that would be willing to address these issues. _Boise: -Alien -t"he preliminary plat of Meridian Manor 6 -& 7 - - - Bill Briggs, 7198 Cascade Dr., we wanted to make some changes in the lay out of the subdivision so we prepared a new tenative for•that.area-and submitted it to the-Coressurizediirrigation ordinancethan a year ago but longer -agothan- when =you-=adopted the=p No where throught the PWecconsiderfthat subdivisionf to be•exempt because~itthad been irrigation presented ., ~ r ° _ i,,,~6,.,ormg-prv~.~-°' future of a prosperous, prosperous - be~ $~~ re protects v~ntt- '- __ - -- ~, n.~., f!nunclbll&n ,. _L_ ...,;d OFFICIALS JACK NIEMAN N, Clly Clerk JANICE GASS, Trusursr BRUCE D. STUART, Water Worka Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Ffre Chief 81LL GORDON, Police Chiel GARY SMITH, City Engineer MEMORANDUM October 24, 1989 • • CITY OF. -.... __ .__ ______ MERIDIAN ^ 1 33 EAST IDAHO J E B ERT MVERS "w°~~T MORgo`w MERIDIAN, IDAHO 83642 ch.lrman mnino a Planning PIIOnO HHS~1433 JIM JOHNSON GRAINY P. KINGSFORD Mayor T0: Mr. Mayor, Councilmen, Members of P S Z FROM: Daunt Whitman, Building Inspector Skip Voss, Fire Marshal RE: UBC Occupancy Classification - Splat gun in creamery bld. (Covino/Amyx) After considerable investigation into the occupancy classification of the proposed use of the old creamery building, we have determined it to be a mixed occupancy of an A-3/H-4 classification. This classification requires a 4 hour seperation wall in all area's dividing the building. Also, in UBC Section 3303(a), it specifies there must be 2 exits from each area of the building. These areas are the 1st, 2nd and 3rd floors of the building. Mr. Covino's portion of the building could be a B-2 classification, if a restriction of "No more than 49 people could occupy the building at one time, "was posted and enforced." The City of Meridian would have to monitor the number of people to ensure there wasn't a violation of this restriction. We don't feel we have the manpower to do this monitoring. Frankly, Mr. Covino's information to us about his proposed business, has been very inconsistent. He has changed sq. footage 46's, anywhere from 20 to 30 thousand sq. ft., number of people that will play at one time, and what building will be done inside to create the effect he wants. He also stated to me he had hoped I wouldn't require him to make the business handicapped accessible. This leads me to believe he isn't as willing to comply with the codes as he says. r (2) For these reasons we feel the most appropriate classification be based on an occupany load of 230 for the 23,000 sq. ft., which makes it an A-3 occupancy. This occupant load is in accordance with the UBC, Table 33-A. The remaining portion of the building, utilized by Amyx, is an H-4 occupancy. It is classified this way because of the cars with gasoline in them and the engine's and engine parts that have gas or gas fume's within them. Also, we have observed bottled gases, for a cutting torch, in the building. This portion of the building could be a B-2 classification, if the entire building was emptied of all auto parts. These are our findings of why the building is classified A-3/H-4 mixed occupancy. Daunt Whitman A r r- Skip Voss ~~~~ ~~~~~ ~~.Pe /`7.~.e~!/A/ _ _ .?___~ • • _i. ~/ ~~,y 0/~ C'rfUN C/~ /t!c'htbc'r'S~ i.+r-.-a b~, s e-i ~ ;, _. _. _ _ _ ._ _ ... /~7c fc/' i ,5 f ~ _ _ 5~'f^ e /'o~er~-y a ~ 27 cyst .. ~! ~jCC /h f ~ ~ ~ ~ -- ~" ~ vv la/ a /^ovc Y~ie vse /'r9ves~eu~ ~ - GdYIGT ~`~/OAS G~/'~ I'v~(°.~. ' Cho der 33 U,13,~• /'e~G~i~~ ~x/~fs~ od~S. ~ '"~~ ~ j c'/ r wa y l ~ _ Liu ~~~ 3~ U • ~~ ~• ! ~r~in ~~ e - cx~i n~vrs~ii~ . c ,~ ~ J Aar Go h ~ rm ~ ~e A60v~ ~~' fh~ ~Jv/ /a~ ~~ c eq~ GO~eS / f rv i ~~ ~ ~ C i'"' y Gt/-~~ rd t!a ( . r1.t~~1. ~i U>'I ~ ~~~ ~ ~v~,1d t~ ~'115Dec~ . /C'C J i^ 1 CGt I G Y e cc n-~.~e ~~' ~~i. ~ •«+'%K < ~ l I ~~c rs ~r ri~ ~Q ~a ~s - ra c ~c r~~-y 3 ~/c{f r•~-~I~' `~'y`~ Gc~~'/~ 12auC ~a L~ -c J^cn'ro~cG~ ~,,~y n~ W E./ ~'/ ~ n..~ w ~`/~ v-c r ~ i^aC~ l.~~S ctc C o raix~ ~~ Sf~-~. ~lc~fy~ca.~ C'c~~~ ~~ s ~`' hu u C c~ uaf ~ ~! ~Ltr<r!a-~. r ~l G.en S rrX wit/ 7~ // _/ g r ~`1~ C.T~ o ~ h?•eYIQ'/ctn.- __ _ - m~ S~ ftu ~ e ac~a'C[~ca.7` ~r~Li~'r K 5 01 aKfs'~~-r O l7~itL ! Q'//'1 Q r 6 2 6f-r~ ~q !~}- c~~o .7`~O S~«~.~` { ~~eC7'~~'i ca ~ C~oge J // / ~ ~', r©~tl~r~i~cq w%l~ ~~ 6oK~Q~ ~ ~r?-e Dur~~K 9's ~~~a11.•~i cf. ~ "~IGC / H .aGKG~ ( Lc> / // i? `~ d Gl' GYG-' [~~~ ._ s!~ r -~'L 1 i - - v ~ 7_ s ~ 'vi r ' . ~ ~ ~. - - - -- / / •~y"~ ~, ... ~ /~.6- ~~st~ a ~ -~v of _ - ~ /Zr yi42cls Zo ~' "~ ~~ ~ /~~- _. ~A~ ~ ~~ • ~ ~~ haP~- ~- ,c~~ . ~~ -~.~ ~' _ ~i'v'"' - ~ Lt,, ~~ ` ~ ~~. ~~ '~ ~,a~ ~, a~ ~~~ ~~~ . ~. -~ ~ -- ~~ F ~~-~-~ ~ ~ 1 ~ ~~~ ~ ~ ~ ~-~- ~~ ~ ~ ~``°~ . ~,,,..~ ~~ ~ ~ ~ l~~D.. ~~~ ~ ~~ ~~~~ ~~~~ .~~ ~~~~~ .. . _ __ .. ~ • ~ ~~ ~ CT''PT COL?T,TCII.+ ~~ ` ~(~ 10 npril ~aao OLD TOti~IN DISTRICT- In Paragraph F of the "C`orclusions" fro..: the Zoning board they concluded that this is an approved applicat~.on for this area. They further concur in Paragraph 1G a, b, ar:C =. of their conclusions. The TREASURE QUEST project would like to discuss so=^= ^f ..V- Facts of Finding by the Zoning Board. T~4uch of this na^ b°^ Tf*ritter. up preCriously and 'n ad been submitted. This is ~d=-^•T~ca= except as some new relevant information has come to pass . 'I`he ne~ti' comments are in italics. PARAGRAPH 8: That. there was testimony by residents sho'~ld be singular. Tdote that only one person showed up and spoke to co:~~p=ain about parking and he sim nt ~ d is partzesu and made al mess o~ ?Jis as when the Fire departure ossible problem yard and area. So this man was not only against a p crowd parked two blocks away (which is highly unlikely! but if my also complained about the current status of the firtrdr~aismc^Ya Based on the number of participants in mand there v.*ill never be a than enough parking around my building need to park two blocks away where this man lives. PARAGRAPH 9: One man said he thought that the game might p-~~"'^t= tr1012nt tendencies. This is his opinion and not fact. ~ The history and facts based upon the other 200 faciii~is around the country have ,proven otherwise. After the .^.=a'-'-==q r-"-~ s man and his son, who was with him, said they were anxious t^ ~o,,;e and try it out. ~ second person was against this but fail=- to show up at the meeting but .latter submitted a letter, w*hi~h- s=nce due process was served., it is inadmissible though ~- scr,t it through. Never the less the Zoning board has corre~~"Y stated in .Paragraph 7 of the Zoning conclusions that this i=_ no~ a zoning matter. PARAGRAPH 10: In reference to the curb, gutter, and sides^'a~•`=• These improvements first should not includhe Ii Y_~l r ° `_ -r_~ building which T am.rot going to occupy, i•e•~ ~r;~r ;s side and half . Secondly, due to the fact that this b~•=----• - - 1 __ __. --_ currently for sale with perspective buyers , it vaould beSL servE she interest of the city to allow TREASURE QUEST to be given one year, from occupancy, to comply with this order in order to coordinate the face lift that will undoubtedly come .about from the new owr_ers over all design. If at the end of one year the face lift plans have not been submitted to you for consideration, then compliance will be forth coming. Currently the front of the building does allow for pedestrian traffic. This area for the traffic is currently referred to as a dock. It is an area where people will walk even if they had a sidewalk because of the roof, therefore a sidewalk would not change the flow of foot traffic at this time. After all these years of having it as it now is, one more year should not be that critical. PARAGRAPH 11: Parking for a number of people which far exceeds the number of people for which the facility is prepared to handle. My most recent sworn testimony and written applicatior_ explain that the most people that could participate in my activity are 20 to 30. On occasion, maybe a few more. A fe~* is never considered to be double the original amount. But the Building Inspector thinks that a few is 50 or more. I therefore resubmitted m;' statement to limit the number of people to never more then 48. This in actuality would be too many, as I will explain latzr. Therefore I ask that the number of parking spaces be reduced to not more then 40. Enclosed previously is a revised blue print sr~Taing these locations plus many extra spaces beyond my needs. It is a'so my understanding the area directly across from the Creamer~T is ci tv public parking. As such my facility should be considered as rn~rt of the downtown parking zone. Never the Zess, with parking c-^- 3 sides of my building (including 2 sides of the ally) and the city streets, there would be more than enough par~:ing. The plan that Zoning requested also states landscaping. Since all areas are either paved in concrete or asphalt, and there =__.='-y isn't anywhere to plat something, I can not see how I could cc~r~~~~. I rLquest that this landscaping be postponed until new o*,areas show their plans for redevelopment. PARAGRAPH 16 : The building ii?spector has requested occupar.c,~ o. an A 3 for me and an H 4 for the owners side. A11 auto sal~-age materials will be removed and therefore the building cede re°^,~'=L ted formerly will not be necessary. I should have no probZena tai ti the new codes. COTICLUSIOT7 OF ZONING CERTIFICATE : The Zoning board in Pal ag= ~== ~1- i3 "ryas stated that the current owner of the building =~=usr `='=="'r' Y with HIS zoning before MY zoning certificate can be issue=• 2 _ - - _ ... f. I understand the concerns of she city officials ir_ that the current owner is in violation of HIS zoning, i.e., he has some junk outside cf the building instead of inside. T^is does rot con- stitute that I ar;: in violation and therefore, it appears unfair if not illegal to not issue me a certificate of zoning because of something I have no control over and did not do. If this is allowable then any time someone in the city is in a violation, aril other people requesting certificates should also be stopped yet this has not occurred. That this problem with the current owner is rot my responsibility to enforce is already a statute. Therefore I should be given a zoning certificate. I am not the one who 'r,as not complied with the Zoning, yet I am the on.e being bald responsible. This may be illegal in a court. It is at least unfair or unethical. It should be realized that the sooner I get zoning fo_ :°Iv project, the sooner the owner will have a reason to comply Frith HIS zoning order. In other words, I can help you more with ~~!y certificate than without it. This has been complied with. The area has begin c1~ar.=~:'. e CONCLUSIONS 1. Par}ping should be based or. occupancy load as defined fcr ~__^.e proper code. 40 -place at the most. However most of the ti=r:e people would not all come one to a car but t*rlo or ....._ ~ ~~ a car. Considering that this part of the city allows pars=i g on the street and other public parking areas, and r_?-,a- -~e enclosed blue print shows 46 spaces without the use ~` r ~.c back parking area; please allow 40 spaces to be =t.f~:~i~ t with the back 80 as over flow if ever needed since the c~c~~ner will allow it. But that it should not be required. 2. Tr,at landscaping be not required o,n the portion of_ the building which I plan to occupy since it is all pav_r ~_-=~' from the street on all sides. However that I ~_ -=-~'-_ responsible to keep it neat and clean. '~. That the side~ralk s et. al. should be put on hold for or.e y_ar from occupancy while new development plans are prepa:.~=.^ `ma`r the entire front of the building instead of half of t'r.e ~'"^~ir_ - The highway department had ne objectior_ to this caber: - r=o~g ~t them out to discuss the situation. If I must waste :oi-°~- orl these sidewalks, that I should only have to put it ~.- -_= ="1 part of the building. 3 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, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887.4813 Public WorksBnilding Department (208) 887-2211 Motor VehicleJDrivers License (208) 888-4443 ROBERT D. CORRIE Mayor Memorandum Date: 02/11/97 To: File Note From: Dean Ehlert ~- RE: Paint Ball Sports - Peter Covino COUNCIL MEMBERS WALT W. MORROW, President RONALD,R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY On February 10~`, I was informed by Kenny Bowers, Meridian City/Rural Fire Chiei; that the white house used by the Fire Dept. had been hit by paintballs sometime over the weekend of Feb. 8~'. On Feb. 10~' at 10:30 a.m., I phoned Paintball Sports to notify Mr. Covino of the incident. Mr. Covino returned my phone call on Feb. 1 l~' at 3:30 p.m. I informed Mr. Covino of the incident and he said he would be over to clean the paint spots. I walked over to the Fire Station and inform Kenny Bowers that Mr. Covino would be cleaning the paint spots. Chief Bowers stated that the concrete fire station wall adjacent to Broadway Ave. had been hit the night of Feb. 10~'. I proceeded to the Paint Ball Sports facility to talk to Mr. Covino regazding the fire station being. hit and the three other incidents that have occurred over the past few weeks. I suggested to Mr. Covino that supervision outside his facility could prevent these occurrences. Mr. Covino stated he has someone check outside but can't supervise everyone that comes to his facility. I told Mr. Covino that continued complaints about paintballs being shot outside his facility may result in action by the City. ' av~ vs7 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, Police Chlef WAYNE G. CROOKSTON, JR., Attorney January 30, 1997 ~ COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place t0 LiVC WALT W. MORROW, President RONALD R.TOLSMA TY OF MERIDIAN E C CI GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888.4433 • FAX (208) 887-0813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 KEITH BORUP Motor Velricle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor Peter Covino 4260 E. Venture Circle Meridian, ID 83642 Deaz Mr. Covino: There has been two separate situations regazding individuals firing paint balls outside the Paintball Sports at 37 E. Broadway Ave. The first situation occurred January 23. Several individuals were seen shooting paintballs at each other outside the entrance to your facility. This happened in the afternoon and was witnessed by a City employee. The second situation occurred in the pazking lot just east of your facility. Approximately eight (8) paintball splatters were seen on the pavement. One vehicle parked in the lot was hit by a paintball. Fortunately the paintball hit glass and was washed off. This occurred late Thursday evening on the 24th of January. As you~know, two of the conditions of your Conditional Use Permit are, you will be responsible for proper supervision of patrons and you will be responsible for any vandalism that occurs in the area surrounding your facility. Failure to comply with these conditions may result in revocation proceeding for your Conditional Use Permit. No action will be taken by the City at this time. The City may take action if future violations of your Conditional Use Permit or violations of City of Meridian Ordinance observed occur. The City would appreciate your attention to above stated occurrences in order to prevent future occurrences . If you have any questions, please call me at 888-4433. Sincerely, Dean Ehlers Code Enforcement Officer Planning & Zoning Dept. City of Meridian s DATE CASE # ~~ PLANNING/ZONING ~~ WEEDS Complainant's Name: Complainant's Address: Complainant's Phone: Home: Location of Violation: _ Property Owner's Name: _ Property Owner's Addres s Occupant's Name: Complainant's Descriptio Work: of Problem: Date of Inspection: Conditions Needing Correction: Time: Date / Time Action Taken c. C'~-t~t- - ~ a..,~~- Lam, -~ ~~ SANITATION ~~ OTHER Page of Date /Time 2- c ~ ~ ~ 2-Z-z -~ ~ 2-r"~--'? ^-~i h I- 30 - q~ Z • 14 - ~? l0;3o pK - Z- 11 ~ °i7 3: Sop, M.. Action Taken ~~ L~ ~Ar~ 0~I3a14~ - '~Acar~att.. ~N PAax,~r [eT ~ TEA SrlerfiNr.. ~kact lrric~ Cent Me~sa~e aec~-aot ~, PAtNT a,au.$ sNoT n-r F~2~. No t ~, SPo'rs ~a u~tr Ce-a-rn.~D xf ~~ ~w,No -~ 3:45 TAIaGE~ Tv Me Covtac netnir F~ sirtr, ~ a1 a t~t~,.~~ N-T~~d 0 HUB OF TREASURE VALLEY WILLIAM G. BF_RG, 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, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • E'AX (208) 887-4813 Pnblic WorksBuilding Deparhrrent (208) 887-2211 Motor Vehicle/Driveis License (208) 888-4443 February 22 , 1996 ROBERT D. CORRIE ~~ Mr. Peter Covino Gotcha Challenge 37 E. Idaho Meridian, Id 83642 Dear Mr. Covino, COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY As you know, your facility at 37 E. Broadway was reinspected on 2- 15-96 by City of Meridian Building Official Daunt Whitman, Fire Marshal Raymond Voss, and myself. This inspection was a follow-up to an earlier inspection on 12-14-95. The purpose of .this inspection was to document any fire and building code violations as well as to note any improvements made since 12-14-95. Copies of Building Official Whitman's and Fire Marshall Voss's inspections reports are attached hereto. As the attached inspection reports indicate, improvements have been made. However, several building and fire code violations were documented. Your Conditional Use Permit specifically points out that Building and Fire Code requirements will have to be met. Your Conditional Use Permit states: "That the. comments and requirements of ACHD, the City Engineer, the City Electrical Inspector, City Plumbing Inspector, the Fire Chief and the Building Inspector are all reasonable and shall have to be met, specifically including Fire Code, Life Safety Code, and Uniform Building Code Requirements" (emphasis added). The Fire And Building Code violations which were documented on 2- 15-96 are in violation of the ter~is of your Conditional Use Permit which was approved by Council on April 17, 1990. Therefore, DEMAND IS HEREBY MADE that these conditions be corrected within fifteen (15) days of receipt of this letter. If these conditions are not corrected the matter will be forw~ded to the City Attorney. This letter is written as a courtesy to allow you to take the necessary corrective`a ion and avoid future litigation. "~^'S~' nc ~l , r •i im Rabbit Code Enforcement Officer CITY OF MERIDIAN cc: City Attorney Building Official Whitman Fire Marshal Voss ~ ~ C = TY OF MER= D = AN PLANN = NG AND Z ON = NG M E M O R A N D U M TO: Wayne Crookston Mayor Corrie Council FROM: Jim Rabbit~?~ SUBJECT: Peter Covino's Gotcha Challenge DATE: February 16, 1996 On 2-15-96, Peter Covino's "Gotcha Challenge" paintball game at 37 E. Broadway was inspected by Building Official Daunt Whitman, Fire Marshal Voss, and myself. The purpose of this inspection was to document any and all fire and building code violations as well as to note any improvements made since the last inspection of the premises on 12-14-95. Attached are reports submitted by Fire Marshall Voss and Building Official Whitman which outline the corrective measures needed to make the building safe for occupancy. Please note that Mr. Covino signed for his copies of the attached inspection reports. c~Tr of RIDIAN PLANNING & ZONING DE• RTMENT ME MERIDIAN 33 E. Idaho Meridian, ID 83642 (208) 888-4433 Fax: 887-4813 Q RECORD OF INSPECTION ^ NOTICE OF VIOLATION BUSINESS/NAME G o t c h a C h a 11 e n g e PaoNE: ADDRESS 3 7 E. B r o a d w a y CONTACT peter Covino OWNER PHONE ADDRESS ITEM NO. CODE REFERENCE CORRECTIVE ACTION DUE DATE COMPLIANCE ~ ~f I~ ~.~ f ti /" i ~ ~ ~ ~ u / / ~ sr 5 lec~i ~ c ~ 7' ~e y / /~ d G ~ CJ i .~ ,c ei,~ ! ~s o l4 i l' G Inspector ,~...~y,,~ mond Voss v Dept: Fire Date: ~~ Received by 0 Title: Date: 'ORIGINAL - P & Z DEPT. DUPLICATE -OCCUPANT c-rr of MERIDIAN PLANNING & ZONING DEPARTMENT MERIDIAN 33 E. Idaho Meridian, ID 83642 (208)888-4433 Fax:887-4813 ® RECORD OF INSPECTION ^ NOTICE OF VIOLATION BUSINESS/NAME G o t c h a C h a 11 e n 2 PHONE: ADDRESS 3 7 E. B r o a d w a CONTACT OWNER PHONE ADDRESS ITEM NO. CODE REFERENCE CORRECTIVE ACTION DUE DATE COMPLIANCE Z rw~ ~ V ~ ~'or r~ o-r' e t' r re d ' ~ r- /7/Z ~ d r-• C a d co ~ c o ZO ~er ~re e ' h ~ e e o re ~w bP Z rM ~' c s o,r' vi Q ~' o -~ ~ L° t4 t' -" hGVe ,' ,~ e Inspector Daunt Whitman Dept: Buildin Date: /~ Z ~~ ~`-" Received by ~ Title: Date: ~ /! ~` `ORIGINAL - P & Z DEPT. DUPLICATE -OCCUPANT 1991 UNIFORM BUILDING CODE • 301 i i, • Chapter 3 ' PERMITS AND INSPECTIONS •% Permits Sec. 301. (a) Permits Required. Except as specified in Subsection (b) of this section, no building or structure regulated by this code shall be erected, con- structed,enlarged, altered, repaired, moved, improved, removed, converted or de- molished unless a sepazate permit for .each building or structure has first been ,~ obtained from the building official. (b) Work Exempt from Permit. A building permit shall not be required for the following: 1.One-story detached accessory buildings used as tool and storage sheds, play- - ` houses and similaz uses, provided the projected roof area does not exceed 120 square feet. 2. Fences not over 6 feet high. 3.Oi1 derricks. 4. Movable cases, counters and partitions not over 5 feet 9 inches high. 5. Retaining walls which are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids. 6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1. 7. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below. 8. Painting, papering and similaz finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Window awnings supported by an exterior wall of Group R, Division 3, and Group M Occupancies when projecting not more than 54 inches. 11. Prefabricated swimming pools accessory to a Group R, Division 3 Occupan- cy inwhich the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons. Unless otherwise exempted, separate plumbing, electrical and mechanical per- . mils will be required for the above-exempted items. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provi- sions of this code or any other laws or ordinances of this jurisdiction. . (c) Standards of Quality. The standards listed below labeled a "U.B.C. stan- dazd" are also listed in Chapter 60, Part II, and are part of this code. 1, Concrete - A, U,>t~G~ St~rtderd Nd, 27.13, lieadymlxed Coetr~te 2, Cnnnpctlond 0 ~: ,~ ,;, -. ,. 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, Police Chief WAYNE G. CROOKSTON, JR., Attorney i 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 WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor January 17, 1996 Mr. Peter Covino Gotcha Challenge 37 E. Broadway Meridian, Id 83642 Dear Mr. Covino, COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY It has come to our attention that junk vehicles and junk personal property have once again accumulated on the property located at 37 E. Broadway. As you are aware, one of the conditions of your conditional use permit was maintaining the property free and clear form junk vehicles and parts. As of this date, there are many junk vehicles and parts around the premises. Due to this situation your are in danger of having your Conditional Use Permit revoked. Please ensure that the situation will be rectified within fifteen (15) days of this letter. If you have any questions, please contact me at 888-4433. Thank you in advance for your cooperation. Sincerely, ' .Rabbi _ _____._ _.----_ . _ i %~ i ~ ;~,~i --bode Enforcement O cer CITY OF MERI N PLANNING AND ZONING DEPARTMENT 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, Police 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 Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor January 17, 1996 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P A Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY A search of Ada County tax records indicates that. you are the owner of the property located at 37. E Broadway, Meridian, Idhao. The propery located as above-described was inspected on January 12, 1996, and found to be in violation of City of Meridian Codes. The conditions which need correction at this location are: REMOVAL OF JUNK VEHICLES AND JUNK PERSONAL PROPERTY FROM PREMISES. We request that you have these conditions corrected within fifteen (15) days after receipt of this written notice, at which time the property will be reinspected by a City of Meridian Code Enforcement Officer. Failure to do so will result in contempt proceedings being instituted against you for your failure to comply with court orders. Sincerely/ J // _ ' ~ , ~/ m Rabbitt . Code Enforcemeri Officer CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT ~• OFFICIALS JACK NIEMANN, Clty Gerk JANICE GABS, Treasurer BRUCE D.BTUAAI, Waler Worke Supl WAYNE O. CROOKSTON, JR , Allorney EARL WARD, Wasls Walsr Supt. KENNY BOWERS. Flra Chlel BILL OORDON, Pollee Chlel QARY SMITH, Clty Enplneer • JJUJ10l~ TKEASU/t!s VA/.J.E)' A (itTPl~ h~AL'C IU ~.IVC COUNCILMEN CITY OF MERIDIAN ~FApF~i °~ SA M/RF111 OIFSI FIl c 33 I:AS ~ II)AI1<) MAx YFRRIN(11UN MERIDIAN, IDAH083642 CI,alrm.nzonlnpaPl.nnlnq Phatle BR8 4477 JIM JOHNSON URANT 1'. KINGSCURI) Mayor October 30, 1990 Jay S. Amyx 1604 S. Phillippi Boise, Idaho 83705 RE: THE CREAMERY Dear Mr. Amyx: Once again you failed to keep the outside premises at the Creamery, 37 East Broadway, Meridian, Idaho, cleaned up and free from junk vehicles and parts. If this property is not cleaned up within five (5) days of the date of this letter contempt proceedings will once again be instituted against you for your failure to comply with Court orders. Also your failure to keep the premises clean jeopardizes the Certificate of Zoning Compliance, and Conditional Use Permit that pertains to the use of the property by Mr. Peter Covino. Enclosed is a letter I have written to Mr. Covino regarding the above. DEMAND is hereby made upon you to clean the premises to avoid further contempt proceedings. Very truly %8G~?~ , JA EMAN ZO ING ADM Enc. yours, ,v CITY CLERK and ISTRATOR ~. ~ VALLEY • • - HUB OF TREASURE • A Good PISCt LO LIVC COUNCILMEN OFFICIALS JACK NIEMANN, CNy Clerk Trneurer JANICE GASS CITY OF MERIDIAN RONALD R. TOLSMA J E. BERT MYERS R . BRUCE 0. STUART, Water Works Supt 33 EAST IDAHO R08ERT GIESLE MAX YERRINGTON WAYNE G. CROOKSTON, JR., Attorney EARL wARO, waeee water Supt. MERIDIAN, IDAHO 83642 Chairman Zoning it Planning KENNY BOWERS, Fire Chlel BILL GORDON, Poltce Cniet Phone 688433 JIM JOHNSON GARY SMITH, CHy Engineer GRANT P. KINGSFORD Mayor October 30, 1990 Peter Covino, Jr. 4260 Venture Circle Meridian, Idaho 83642 RE: CONDITIONAL USE PERMIT AND ZONING COMPLIANCE AT 37 E. BROADWAY, MERIDIAN, IDAHO Dear Mr. Covino: It has come to the attention of the City that you have been using the property located at 37 East Broadway, Meridian, Idaho, the "Creamery" to operate the splatter gun game for which you applied to the City for a conditional use permit to so operate. As you know the conditional use permit was issued conditioned upon compliance with the conditions contained in the Findings of Fact and Conclusions of Law. You have failed to meet those conditions in that you have failed to obtain a building permit, failed to finish construction, failed to meet Ada County Highway District requirements, and failed to meet the ordinances of the City of Meridian. The above failures are only a few examples of what you have not done to legally operate your business. Since you have failed to meet the conditions your permit is not yet valid. Among the other items you have not accomplished is obtaining an occupancy permit. The above items would, of course, have to be completed prior to the issuance of an occupancy permit. Due to the above violations of your conditional use permit DEMAND is hereby made that you immediately cease using the b u i l d i n g f or a s platter gun .game, or any other use, unt i t you have complied with the conditions of your conditional use permit. You should note that whether you are receiving compensation from game players to play the game is inconsequential. If you are operating the game, with or without charge, you are in violation. You are further advised that one of the conditions of your conditional use permit was maintaining the property free and clear•from junk vehicles and parts, such that the property Could maintain its Certificate of Zoning Compliance. There are many ~ ~ junk vehicles and parts around the premises. Due to this situation you are in danger of having the Certificate of Zoning Compliance and your Conditional Use Permit revoked if these junk vehicles and parts are not removed within five (5) days of receipt of this letter. One of the conditions of your Conditional Use Permit was to keep the Zoning violation from re-occurring and if you did not your Conditional Use Permit would be terminated. If the outside of the premises is not cleaned up, as set forth above, your Conditional Use Permit will be terminated. If it is terminated you would have to apply for a new Conditional Use Permit. I am enclosing a copy of my letter to Jay Amyx regarding the junk vehicle and parts. Enc. Yery truly yours, ~ACK NI AN ,CITY CLERK and ,/ ZON NG AUM NISTRATOR -- / CITY Op MERIDIAN PLANNING & ZONING DEPARTMENT MERIDIAN 33 E. Idaho Meridian, ID 83642 (208) 888-4433 Fax: 887-4813 ®'RECORD OF INSPECTION ^ NOTICE OF VIOLATION BUSINESS/NAME ~ PHONE: ADDRESS CONTACT OWNER PHONE ADDRESS ITEM NO. CODE REFERENCE CORRECTIVE ACTION DUE DATE COMPLIANCE max; ~ ory Qom' 'h C ,r ~ ~ ~' <c ..- Pd ~ G ~ i.rl-~ C/~-'1 P ~j LET : r ;~ ; t~ h~~ c r .-L l -~.~ P x ~' ~. C a f _ ~ C,r c~ ir3 G~ l ~ C~~-~/ a ~'/~r ~~ C Inspector Dept: Date: Received by Title: Date: 'ORIGINAL - P & Z DEPT. DUPLICATE -OCCUPANT