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HomeMy WebLinkAboutBig Beaver Properties CUPWILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C HARLES M. GLENN R. B NTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor 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: April 1. 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for professional office/service business/barber shop BY: _Big Beaver Properties LLC LOCATION OF PROPERTY OR PROJECT: Corner of E. 1 st Street and State Ave JIM JOHNSON, P/Z MALCOLM MACCOY, P2 RON MANNING, P2 GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 71 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT •• &A). -CA / I/ ' DESCRIPTION OF PROPOSED CONDITIONAL USE:AOZ5LM� 4Z2& -,LZ ZONING CLASSIFICATION: 04b Z&JL I certify that the information contained herein is true and correct. 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 C� APPLICATION FOR A CONDITIONAL USE PERMIT 1. Big Beaver Properties, L.L.C. c/o Tim and Amy Bever 6754 Cochrane Dr. Meridian, ID 83642 2. Same as above 3. Lot 16 and 17 in block of F.A. NOURSE'S SECOND ADDITION TO MERIDIAN, according to the offical plat thereof, filed in book 2 of plats at page 64, records of Ada County, Idaho. 4. Copy of Warranty Deed. (see attached copy) 5. Existing use- Professional Office/ Serice Business/ Barber Shop 6. Same as above. 7. Same as above. 8. Present zoning -OT (Old Town) 9. 30 copies of a vicinity map- see enclosed 10. 35 copies of said site- see enclosed 11. This is an existing business, which has proven to be both profitable and an asset to the city of Meridian. The location is very desirable because of the high traffic pattern around it, namely E. 1 st St. and Meridian St.. The parking is angled which makes it very accessible from the road. There is adaquate parking both in front and on the sides. Ambrose Plaza has been established for 42 years and has proven to be a good investment for all you have owned it. E • 12. Mailing addresses of all property owners within 300 feet. (see attached) 13. Fee: $275.00 + $1.42 for each certified mailing. Total mailings- 42 Check enclosed for $334.64 14. I, Amy Bever, being President of Big Beaver Properties, a Limited Liablity Co., agree to pay any additional sewer, water or trash fees or charges associated with this property. 15. I, Amy Bever, verify that all the above and attached information is correct to the best of my knowledge. 16. I, Amy Bever, promise to post 1 week prior to the hearing, a notice for public viewing in the window of the above property. Notice will be visible from E. 1 st St.. THIS FORM FURNISHED COURTESY OF: 0 ALLIANCE TITLE & ESCROW CORP. READ & APPROVED BY GRANTEE(S): " 0005 • ABOVE THIS LINE FOR RECORDING,DATA Order No.: 96058256 WO/GW WARRANTY DEED FOR VALUE RECEIVED RICHARD C. RHODES and JUDITH A. RHODES, husband and wife, as to an undivided 1/2 interest, and POLLY A. PETERSON, an unmarried person, as to an undivided 1/2 interest. GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto BIG BEAVER PROPERTIES L.L.C. GRANTEE(S), whose current address is: 6754 COCHRANE DR., MERIDIAN, ID 83642 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: Lots 16 and 17 in Blocic 1 of F. A. NOURSE'S SECOND ADDITION TO MERIDIAN, according to the Official Plat thereof, filed in Book 2 of Plats at Page 64, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: February 12, 1996 RICHARD C. RHODES POLLY A. PETERSON STATE OF COUNTY OF JUDITH A. RHODES On this (lay of , in the year of , before me, the undersigned, a Notary Public. in and for said Stale, personally appeared Richard C. Rhodes and Judith A. Rhodes known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. Signature: Name: (typo or mint) Residing at: Commission Exuires: BREWER BILL G PO BOX 35 MERIDIAN ID 83680-0035 SHOEMAKER JAMISON & TAMI 1031 E 1 ST ST MERIDIAN ID 83642-2303 SHOEMAKER JAMISON R & TAMI L 51 E CARLTON AVE MERIDIAN ID 83642-2364 MCDONALD LOIS M 47 E CARLTON AVE MERIDIAN ID 83642-2364 KELSO BONNIE M 2745 W MCMILLAN RD MERIDIAN ID 83642-5156 PLETCHER STEVEN R 35 E CARLTON AVE MERIDIAN ID 83642-2364 ALGER BRENTON LEE & GWEN 134 E STATE AVE MERIDIAN ID 83642-2345 ALGER BRENTON LEE & GWEN M 120 E STATE AVE MERIDIAN ID 83642-2345 ALGER BRENT L & GWEN 120 E STATE AVE MERIDIAN ID 83642-2345 NIELSON DENNIS E & JOAN M 1012 E IST ST MERIDIAN ID 83642-2304 MAYES WM DEAN & DOROTHEA CIRCLE K CORPORATION #445 PO BOX 52085 PHOENIX AZ 85072-2085 9 0 ROSS LOREN D & GAYLA 1383 LINDERWOOD DR MERIDIAN ID 83642-6923 MCCLURE DOROTHY M 38 E STATE AVE MERIDIAN ID 83642-2343 MCCLURE DOROTHY M 38 E STATE AVE MERIDIAN ID 83642-2343 ROBBINS JOHN & ELLEN 32 E STATE AVE MERIDIAN ID 83642-2343 MARR GEORGE E & HAZEL W 24 E STATE AVE MERIDIAN ID 83642-2343 HOLLOWAY H R & NOLA L 35 ROSE CIR MERIDIAN ID 83642-2936 ALDRICH EARL & BURNETTA 121 E STATE AVE MERIDIAN ID 83642-2344 BRINEGAR E E & VIRGINIA K 1639 CONANT AVE BURLEY ID 83318-2326 YANKS RONALD C & LINDA L 4414 GEKELER LN BOISE ID 83716-5240 BIG BEAVER PROPERTIES L L C 6754 COCHRANE DR MERIDIAN ID 83642-7128 PAULIN HARRY B & MARGARET 55 E STATE AVE MERIDIAN ID 83642-2342 BOWEN LARRY M AND CATES GALE A 49 E STATE AVE MERIDIAN ID 83642-2342 KLINE JAMES M 1058 N PETERSBURG WAY MERIDIAN ID 83642-4042 HUDSON HAROLD N SR & DEANNA C 39 E STATE AVE MERIDIAN ID 83642-2342 SMITH PAUL H 29 E STATE AVE MERIDIAN ID 83642-2342 BRADSHAW TED C & DONNA L 21 E STATE AVE MERIDIAN ID 83642-2342 CROSLEY CONCHITA M TRUSTEE FOR PROW MYRON E CONCHITA M CROSLEY 809 QUEEN ANNE CT NAMPA ID 83687-8751 MAILE IRREVOCABLE FMLY TRUST MAILE T G & C CO -TRUSTEES 885 RUSH RD EAGLE ID 83616-3659 MORRIS LONNIE P 124 E PINE AVE MERIDIAN ID 83642-2331 EBORN RICHARD J & MARLENE J PSC 2 BOX 743 APO AA 34002-0743 ALLISON RICHARD A & TONI E 916 E O1 ST MERIDIAN ID 83642 JOHNSON JOSEPH A II 4375 ROSE HILL CT BOISE ID 83705-1361 VALLEY SHEPHERD CHURCH OF THE NAZARENE 831 E OIST ST MERIDIAN ID 83642-0267 YOUNG JOANNE M & PATRICIA J 4000 N MCDERMOTT RD MERIDIAN ID 83642-5312 VALLEY SHEPHERD CHURCH OF THE NAZARENE INC 831 E O l ST ST MERIDIAN ID 83642 SMITH MARGARET W 1017 YOST AVE MERIDIAN ID 83642-1515 THIBAULT THOMAS A JR 22 E PINE AVE MERIDIAN ID 83642-2329 JONES LOYD E & SALLY M 1420 ELM PL MERIDIAN ID 83642-1915 VANPAEPEGHEM RALPH J & FERN A 1490 CAROL MERIDIAN ID 83642 VANPAEPEGHEM RALPH J & FERN A 1490 CAROL MERIDIAN ID 83642 CHURCH OF NAZARENE OF MERIDIAN 831 E IST ST MERIDIAN ID 83642 0 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 7:00 p.m., on April 8, 1997, for the purpose of reviewing and considering the Application of Big Beaver Properties LLC, for a Conditional Use Permit for land located in Lot 16 and 17, Block 1 of F.A. Nourses Second Addition, Boise Meridian, Ada County, Idaho, and which property is generally located at the corner of E. 15t Street and State Avenue. The Application requests a Conditional Use Permit for professional office/service business/barber shop. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 21 " of March, 1997. PUBLISH March 21 and March 28, 1997. _-- --- — --f4 D -I -A N-- -S T-- o 1 e c 19i 10 •-• `e aid ,Zc� , 1 1 i y r � N v o• ~ W b w � ' IM d1 � • W I� � t' /` A `i D %P i a w O d w Z 7o. 1 IN '• b lb -, .I W /Zo o P`•o c 10; J o N P Li ..O ,•'��^ /fp: E. IST. STREET— /Io /ra c � � � ct.3 � c'> �.•' cl. ' •` l ZO 4 0' ....�E. 2ND ST. I 1 � iL 39: m V /10 ,ZO V D /• < a i a b I w � • O h � i , 4 E. 4TH ST. E. 5TH ST. i• L ht------ i`•1 I 1\' 1 t 1 1 ' SII 1 1 1 h o; Meridian City Council • May 20, 1997 Page 34 Morrow. Staff, Gary or Shari, questions or comments? What is your pleasure? Rountree: Mr. President I move that the Meridian City Council adopts the findings of fact and conclusions of law as prepared by the Planning and Zoning Commission with the amendment of striking item 8 on page 9. Tolsma: Second Morrow. Moved by Mr. Rountree, second by Mr. Tolsma to adopt the findings of fact and conclusions of law as prepared by the P & Z striking item 8, page 9, roll call vote. ROLL CALL VOTE: Bentley — Yea, Rountree — Yea, Tolsma —Yea MOTION CARRIED: All Yea Morrow: Is there a motion on the decision? Rountree: Mr. President I move that we recommend and 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. Bentley: Second Morrow. It has been moved by Mr. Rountree, second by Mr. Bentley to approve the conditional use permit requested by the applicant for the property described in the application under the conditions set forth in the findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP BY BIG BEAVER PROPERTIES LLC: Bever: I am Amy Bever, I reside 6754 Cochran Drive. Morrow. All you need to do is tell us about your project. Bever: Basically this used to be Ambrose Plaza it is down here on East 1St Street and State Avenue. My husband and I self own it and we have owned it for a year and a half now. We came to attention because we rented to a barber shop I believe that was the reason for the conditional use. We were unaware that we were required to obtain a conditional use permit when we purchased the property the people who were in the offices are still there basically. We have non -retail businesses, low traffic businesses, builder, barber shop, a typography place, long distance carrier which has not street traffic at all. I guess the only questions were the parking situation which I though we Meridian City Council May 20, 1997 Page 35 had addressed that last time and that we were expected to fix the curbing by the Ada County Highway District. Rountree: Your questions related to those items in the findings of fact, you are opposed to doing that or just unaware that you had to do it? Bever: We are aware that we have to fix the curbing and that they will fix it and send us a bill basically. The only other things listed were the outside lighting which I think is just fine it doesn't bother any of the neighbors and doesn't cause a problem. The signs as of now with the exception of Jack's Barber shop which we will talk to Jack they are all on the doors so there shouldn't be any problem with the signing. The water and sewer usage, I have been paying these and these haven't changed they fluctuate minimally. Landscaping consists of a very small strip of grass which is mowed and water by Rita's Typography. I think that basically covers everything that you were questioning that was in question. Bentley: Questions of staff, do they have any additional comments? Bever: I do have one thing I would like to bring up we are having a problem with the roller bladers down there. They like to jump on our ramps and we have stopped and talked to them. We wondered is it up to us to police the area, is it up to us to put up signs is that alright. What course of action do we take? Morrow. Chief, a recommendation please? Gordon: Mr. President and Council, presently we don't have any ordinances curtailing skateboarders or roller bladers. The Department of Law Enforcement had the same problem out there as does the high school. What they did was post no trespassing without permission. Where you are open to the street I would be open for suggestions, it is not a controlled access, it is almost public. Bever: Can we put up signs? Morrow. You certainly can. Bever: Is there any specification as to where we put the sign? Gordon: Just so it is visible. Here again though enforcement might be a problem with any legal ramifications. Bever: Well if they are harassing the tenants then we can. Morrow. Counselor, your comments or suggestions here? Meridian City Council May 20, 1997 Page 36 Crookston: Well the only comment that I have is with the signs, they need to be placed so that no one is injured by having the sign where it is. This is a very difficult problem because there is public access to the walkways, to the sidewalks, signs are about the best thing and then going out there yourself and asking them not to do it. Bever: Which we did and didn't do any good. Crookston: I know very well the problems that you have. Bever: Well if it is alright with you we will place some signs on the buildings and try to police the area ourselves. Smith: Mr. President, I noticed in some shopping centers they paint on the sidewalk no roller blading, no skateboarding, no bicycles that sort of thing. The other thing on this particular building along E. 1st Street that sidewalk is actually outside of the public right of way it is on an easement in front of those buildings. I think the edge of your building near the alley the East 1 at side of that building is actually the right of way line. So part of the parking, the diagonal parking in front of your building is actually on your property and there is some kind of an easement agreement, a cooperative agreement between the property owner and the City of Meridian and or the Highway District to allow that parking to be public parking. So the sidewalk is actually on your property even though it is used as a public facility. Bever: So we should put up some barricades. Smith: I don't know that you can do that. It might be simple enough to paint no skateboarding, no roller blading on the sidewalk. 1 think they use typically a red paint. Bever: Is that aesthetically acceptable? Smith: I don't know. Bever: (Inaudible) Morrow. Okay, what action do you wish to take? Bentley: I would move that the City Council approve the findings of fact and conclusions of law as presented by the Planning and Zoning Commission. Rountree: Second Morrow. It has been moved by Mr. Bentley, second by Mr. Rountree to approve the findings of fact and conclusions of law as prepared for us by Planning and Zoning Commission, roll call vote. Meridian City Council May 20, 1997 Page 37 ROLL CALL VOTE: Bentley - Yea, Rountree — Yea, Tolsma — Yea MOTION CARRIED: All Yea Morrow. Is there a motion on the decision and recommendation? Bentley: The City Council of the City of Meridian approves 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 or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, fire and life safety codes, uniform fire code, parking and paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Rountree: Second Morrow. Moved by Mr. Bentley, second by Mr. Rountree to adopt the decision and recommendation as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: DEVELOPMENT AGREEMENT FOR THE LAKE AT CHERRY LANE NO. 5: Morrow. Do we have that prepared for us? (End of Tape) Crookston: (Inaudible) if it was placed in your box, Shari had some changes and I had some suggested changes. So I would let Shari comment on it. Stiles: After Wayne and I reviewed this and most those changes I did review those with the applicant and he indicated they had no problem. I will make those changes and get that back to him for signature. Morrow: Your action Council? Rountree: Mr. President, I move that we approve the development agreement as revised by Counselor and City Planning Administrator and authorize the Mayor to sign and the clerk to attest subject to final agreement between staff and developer. Tolsma: Second Morrow. Moved by Mr. Rountree, second by Mr. Tolsma to approve the development agreement as amended by Counselor Crookston and Ms. Stiles this afternoon and to • • MERIDIAN CITY COUNCIL MEETING: May 20.1997 APPLICANT: BIG BEAVER PROPERTIES LLC ITEM NUMBER; 13 REQUEST:REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP 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: COMMENTS MINUTES FROM 4-8-97 P & Z SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW 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: "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS , ' ) SEE ATTACHED COMM TEj j Y" OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zor* Commission • April 8, 1997 Page 20 Borup: I assume that ACHD is probably correct with some of their other comments like constructing a new entry drive way, I believe that is already there. Youngerman: Yes, a lot of this stuff was kind of regurgitated from when they did the original for the whole development. Borup: I have nothing else. Johnson: Anyone else? Thank you Steve, this is a public hearing is there anyone from the public that would like to come before the Commission on this application? Seeing no one then I will close the public hearing at this time. Oslund: Mr. Chairman, I will suggest that we have the City attorney prepare findings of fact on this conditional use permit. Borup: Second Johnson: It has been moved and seconded that we have the City attorney prepare findings of fact and conclusions of law on item #12, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL- USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP BY BIG BEAVER PROPERTIES LLC.: Johnson: I will now open this public hearing and ask the applicant to come forward or the applicant's representative. Tim Bever, 6754 Cochran Drive, Meridian, was sworn by the City Attorney. Bever: I guess my comment is I don't know why I am here. I went to Ada County Highway they didn't know why I was there. Bear with me for a minute, we have an existing building that it falls in Old Town Meridian. We have owned it for about a year and a half, we went to see if we needed a building permit to paint it and put a new roof and they said no go ahead it is general upkeep. We received a note from planning and zoning that it was being rezoned. It is about 70% full of tenants that half of them were there when we bought it. The rezoning process is why we are here. We are apparently in old town as it has been explained to us. Every time the property is zoned it has to be rezoned. I spoke with the City Attorney on that and let me know about that. We paid our $500 to come here and the problem with what we are having is that I have heard the word boiler plate over here. We are going through the process as we should, I am not sure again clear on this whole thing. But we recently got a letter from Ada County Highway and they speak about us like we -are a new property. We are to pave the alley Meridian Planning & Zg Commission • April 8, 1997 040 Page 21 and to replace all of the curbing on the north side of the property. Now the alley we couldn't get 3 bids because nobody would come out fast enough. So we had one bid for about $1700 to pave this small piece of alley. Ada County Highway said we will just do the curb and send you the bill, a novel idea. Then what happens is we get a letter from Nampa Meridian Irrigation who presumes this is going to be a new structure. It goes on to talk about how we need to go through a process with them and has some vague terms. But then it talks about you have to go through the process and send them a check for $650. Well we called the Ada County Highway because we wanted to have them clarify why we are going through this process and they said we would have to give them $110. We are a little, I think there is a problem with old town in that some of the things that we have kind of become aware of with this kind. of zoning, and I know this probably isn't a venue for rezoning, but if the building is to be sold it needs to be vacant there is exposure to the seller on the leases that exist if the planning and zoning is suspended while the building is sold. So this puts a precarious legal position for the owner. Bank financing is absolutely at risk, we financed this with US Bank and they were totally unaware of this and they did a search and we thought we did a good search but obviously not enough. The value of the building is directly affected when this situation occurs. The zoning is unstable as we see it if indeed the information that we have gleaned from our conversations with the City Attorney, Shari and Dean is correct. The cash basis of a property like this is sold a lot times (inaudible) versus the real property value of it. This is kind of what our experience is, we would sure like to be here in Meridian, but it is sure expensive. Johnson: Well I have to remind you that you are not at ACHD and you are not with the Meridian Irrigation District you are here at the City of Meridian if you let me finish. One of.the things required in Old Town is that you get a conditional use permit for the use of the building. You have ignored the use of the building, as a matter of fact, one of your tenants came to the City several months ago and asked about conditional use permit and we said yes you need to go through that process. He did not *do that he opened up his business. That is why you are here. Bever: I was not aware this had something to do with a tenant, I can honestly say that. I guess Planning and Zoning is going to do what they are going to do. But the ripple effect from this in that no other agency has a form or a process that seems to deal with this in that it starts with the City of Meridian and I know it is not the City of Meridian's fault. But there is an avalanche affect that is occurring here that I don't know if anything is being served. But now I understand why I am here. Johnson: Did you have any more to add? Bever: No, we will try to comply, a lot of the compliance that was requested on here were there are not enough parking spots for the square footage of the building. Well it is a 28 year old building, it has been there. Again the irrigation ditch has been 28 years (inaudible) water in it. Some of the requirements in here are again boiler plate that do not work against this particular property because you will never get 10 spots per square Meridian Planning & Zole Commission • April 8, 1997 Page 22 footage as it recommends and some of the other portions of it. We just don't know where do we go from here, how much of this is directly related to the property. I can't create parking spots, it is an old building and an old part of town. This is some of the parts of it, we want to be good citizens in Meridian we just want to open it up. Things started and it took off and grew it own head, incredible. We also have to do a study for Central District health on how much sewage has been going down that we have been getting a bill for 28 years. I have tried to talk to them and they say no we need it broken down as to how many fixtures (inaudible) we are going through it. That is where we are, that is my comment. Johnson: Any question from the Commissioners? Borup: Mr. Commissioners, I have some of the same questions the applicant did on some of these requirements. Specifically the irrigation district, I didn't see why there was any involvement there. Johnson: It doesn't look like they are familiar with the building at all. Borup: That is what I felt was the situation there. ACHD's comments apparently, well the only one I had there was paving the alley and I wasn't sure why, is that alley in use, are you making any use of it? Bever: Well we don't use it, we don't encourage parking there or anything. It is there and we don't park in it. The curbing on the side on the north side was also addressed. Borup: That doesn't sound that unnecessarily unreasonable on the curbing. I think Johnson: There is no specific use with that alley for that building;, everybody uses that alley but the people that use it the most or need to use it are the people that pick up trash. They come in there and there is a dumpster in that area next to the adjacent building. Borup: We haven't been requiring paving Johnson: No, but it is not an uncommon request from ACHD. We don't require it, I don't know of any alleys we have paved except those that we have converted to a form of parking such as down the way at Cottage Expressions on the comer of Carlton and East First, there is some paving that went in there. Borup: So the applicant can work'something out with ACHD, Meridian has got (inaudible) Johnson: That alley is not specifically for this building and they are not using it for anything, I am well aware of that. Meridian Planning & ZcOg Commission • April 8, 1997 Page 23 Bever: I guess the only thing that could help us is we have tried to communicate with them but if they get a gesture or some kind of note, can I have a note and say this is a 30 year old building they (inaudible) came from you Borup: You are understanding ACHD as holding firm they want the alley paved? Bever: Well yes, they came, my wife went to the meeting, the Commission said why are you here and then the recommendation came up and she left and came back and we kind of did our homework on it and we just don't understand why. (Inaudible) but then again one agency it is like Mr. Johnson said this is Planning and Zoning, that is irrigation and (Inaudible). Borup: That is true Bever: The avalanche starts up here. Oslund: We have run into this before, we have run, we had a couple that wanted to convert a florist just a few blocks down to a coffee shop. That was about two months ago and they had the same requirement. As I recall we probably, well I think we waived or blew some of them off. If this were a preliminary plat, ACHD would have a lot of leverage because they have to sign off on all plats as well as the City but it is not a plat it is a conditional use. I don't know why we can't just do what we want here. I don't' see where, I don't see that they have any position, maybe I am wrong maybe they do. Borup: Does ACHD have any authority (inaudible) Fitzgerald: What these are, are recommendations from these various entities or agencies. In determining what conditions if any are going to be put on a conditional use permit the Commission can recommend that ACHD's recommendations all, some are included and made a part of the conditional use permit. Oslund: I think the sidewalk is totally acceptable, if you have some damaged sidewalk, curb and gutter then that should be fixed. The alley I don't know, if the whole alley is going to remain gravel except for, and they want you to pave your little piece and Borup: I agree that does not seem appropriate and maybe I was going to say earlier, you had mentioned, it is not the zoning that is changing. The zoning has always been the same, I think what changes is usage of the building and that is where the conditional use permit comes in each time a different business comes in then it needs to be approved for that business. Bever: I have been enlightened on that, so the zoning if it is commercial whatever, my lender had a question that she wanted me to ask you is this zoning and (inaudible) all of the time. If it is like commercial for paper businesses like insurance companies, stock Meridian Planning & ZoW Commission • April 8, 1997 Page 24 brokers that kind of thing then when it is sold does that whole thing go up in the air and we are back in here again. Borup: It can be if it was approved under conditional use. A lot of subdivisions or plats are approved and anything on it is by conditional use. So if the business use changes Bever: But is a change from an insurance company to a finance company a change. Oslund: Well there is a difference between a change in zoning and a change in use. You haven't changed zoning you have changed use apparently. Johnson: The reason for the old town zoning .is it is kind of in its (inaudible). There is a special zoning in town which is called Old Town which is Carlton to Broadway I believe. It could be beyond that. The reason for that is the zoning laws all came in after that was already developed. So the other people (inaudible) we want a special zone so that we will have an opportunity in the future to make some changes on some property that we think is poorly used, not aesthetically pleasing and is a detriment to the City. So they take this opportunity in this special zoning that when ownership changes they can impose new standards such as landscaping. This is one of things that this is about the only time the City has any authority to do anything otherwise it is grandfathered in. So Men the ownership of the building changes those grandfather rights go out the window. That is when we get an opportunity to dress up our city and that is why the zoning is there. Bever: I can certainly understand that, the lender's natural uncomfortableness with this is the zoning in play can they kill this piece of property. Because you sell a property based on Johnson: I wouldn't think it would kill it, I would think it would improve it. Oslund: It can't kill the deal, you are talking about plant 2 trees and (inaudible) personally where I am sitting I would say forget the parking in fact in my opinion old town should have a different parking ordinance. There are many cases where it can't be achieved. But in terms of fixing your sidewalk and the curb and gutter that should be a requirement. Bever: We understand that, I guess and I am not articulating myself. When you sell a rental property or a thing you can sell it two ways. The real estate value or the revenue generating value. What the banker wanted to know was how does this play into that, if it is lawyers and accountants, you cane"always have lawyers and accountants that is not a problem. You can sell it with lawyers and accountants that is fine, (Inaudible) but all of the sudden a new process, new Council how does that affect (inaudible). Johnson: Well if definitely has an effect and it is probably the last thing the realtor is going to tell you and it is probably the last thing that the lending institute is interested. Meridian Planning & Commission • April 8, 1997 Page 25 But in the overall scope of trying to over time improve the looks of the City this is an opportunity and the only opportunity we get in these older zoning districts to make an improvement and it might be a tree or two here or some restriction on signage. Those sort of things otherwise we don't have the hammer to go out and make you do it. That is the restriction in the limited powers of government. We just can't go in to something that has been there for 20 years and say we don't like the looks of your building clean it up. We don't have that power, we would like to have that power because everybody here has their own personal eye sores in the City but we can't do a lot about them until we get an opportunity like this where it changes hand and the (inaudible). Bever: Are the properties outside of old town held under the same process, I think she wanted me to ask that. Is it just this area that has this specific set of rules for it. Borup: No, anything that is improved with the conditional use. Johnson: Everything in Old Town is a conditional use and that is probably what you don't understand. There are a lot of properties outside of old town zoning that are not conditional use. It is zoned light industrial we are not too concerned about the occupancy as long as it fits the eligible list for that zoning. But in old town we get a shot at any change of ownership regardless of the use. The use may be identical and for example there is some judgement area there that if the use is identical in certain areas of the city it doesn't require going through this process because we have a zoning administrator that can make a judgement decision saying hey nothing has changed here. That is a judgement call. Borup: Comment number 6 from Shari Stiles again I guess we covered this maybe enough that was on parking. Did you Bever: Well there is no parking Borup: Right and I drive past that place all of the time and 1 wondered how that ever, but her comment was that she felt it would be appropriate to approve that as long as it is not a heavy retail restaurant type use in there. Does that seem logical to you? Bever: To leave the on street parking alone, is that what that meant? Borup: No, just everything as is. Bever: That is fine Borup: But I think she is saying that a restaurant or something that would have heavy retail then there would definitely be a parking problem. Bever: Exactly, we are encouraging these kinds of businesses low traffic businesses, that is what we are looking for. Meridian Planning & Zo Commission • April 8, 1997 Page 26 Borup: (Inaudible) Bever: That is the kind of businesses that we are attracted to, low traffic, non -retail types. MacCoy: Just to continue on this old town thing, on the plus side in our codes I am sure that you are probably well aware of (inaudible). We had a project that came through here about nine months ago and they wanted to take one of the old homes in old town and they argued their point. We said no you had to bring it up. So what happened is we got into it, we found out there was gross problem with the electrical. They would have probably very easily burned their house down plus their neighbors house. So it gives us a chance to go in and clean up that part too which is taking care of our total neighborhood when we do that type of thing. So it is a protection situation as well. Bever: I fully understand it, it was the other agencies that have surprised us. MacCoy: I have gone by this property, I was really, I saw this thing came up on the list I was quite curious how you were going to handle the off site or any parking for example because of the problems you have there. So I can see the discussion coming. Now you I am sure have had a chance to sit down with Bruce and Shari on staff comments on this thing? Bever: Well we have talked to Dean and Shari and some of them again are boiler plate that she just inaudible). MacCoy: I am going to mention a couple of items here that maybe might be looked at as boiler plate but are there for a definite reason we put them in to cover you and us both. That is to do with the outside lighting and we don't want you to end up lighting the neighborhood up when you set up your shop there because the first thing you are going to have is the neighbors are going to be very unhappy with you with that. So we would ask that you be very careful of your glare of the lighting that you put in. That way (inaudible). On signs, same idea, we want (inaudible) this group here we have had our problems with signs (inaudible). So I just precaution you that when you do your sign work, work with the staff here on that. Question to you to do with the American's with disabilities Act which is part of the code and you are in a business where you are going to have street traffic on some of it. How do you plan to handle for example the barber shop and so on if you have somebody with a wheel chair? Bever: There are ramps on (inaudible) and the door widths are correct. Even some of them that we did under the Federal guidelines so we feel we are in compliance. The ramps are all (inaudible). MacCoy: (Inaudible) you probably talked about the screen trash enclosure. Meridian Planning & Zoo Commission April 8, 1997 Page 27 Bever: (Inaudible) MacCoy: Shari, when she talked to you, talk about landscaping or make any changes there? Bever: No, the City when they did their sidewalks pretty much did it, it is all concrete and the trees are in there. We (inaudible) two little flower boxes that are going to have flowers in them. MacCoy: I saw your drawing here that said flower boxes on them and I was wondering if there was anything else you were planning on putting in them or if that was the only thing you had to put in them. Bever: That is the only dirt that is left out there is the planter boxes. There is a little strip of grass along the side we just want to (inaudible). Johnson: Does anyone else have any questions? Borup: A couple, you made mention of a service, you have a barber shop and I think a builders office, what is the service business? Bever: Well the builders just have their office there, and we have the barber shop. We have a finance not a finance company but a stock or brokerage firm looking at it. Then we have another one with (inaudible). Borup: So right now it is just the two? Bever: Just the two that are occupied. Then there is Rita who has.the topography studio on the corner and she has been there for 8 years. So she is (inaudible) real low traffic (inaudible) but the are all non -retail. Borup: You made comment ACHD wanted some other studies done. The information in our packet says they approve Bever: That was Central District Health Borup: That is what I meant Bever: (inaudible) Borup: The deal in our packet says they approved it, there are no comments in here that they wanted anything else. Bever: I didn't -.understand the form (inaudible) Meridian Planning & ZoCommission • April 8, 1997 Page 28 Borup: Unless there is something that we are missing I don't think there is anything that you have to worry about there. I would be in favor of eliminating the alley paving requirement and have you take a look the curb and gutter could be a safety aspect. I was going to go by and look at that but I didn't. Bever: Well the Ada County Highway said they will just do it. Oslund: Delete the parking too. Borup: (Inaudible) shall be provided in accordance (inaudible) Johnson: Anybody else? Well thank you, we appreciate the money you have expended improving the building, it looks much better. I have known that building since it was built and it is much more attractive than it was. This is a public hearing, anyone else that would like to come before the Commission on this? Seeing no one then I will close the public hearing at this time. Oslund: Mr. Chairman, I move that we have the City Attorney prepare findings of fact on this conditional use permit. MacCoy: Second Johnson: Moved and seconded that we have the City Attorney prepare findings of fact on item #13, all those in favor? Opposed? MOTION CARRIED: All Yea SEVEN MINUTE BREAK ITEM #14: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A METAL BUILDING 84' LONG BY 60' WIDE BY GENERAL COUNCIL CHURCH OF GOD 7T" DAY: Johnson: I will now open the public hearing and ask the applicant's representative to approach the podium and address the Commission. Don Palmer, 575 East Hubbard Road, Kuna, was sworn by the City Attorney. Johnson: Do you want to elaborate a little bit more on what you are going to do. We have read the application, I think all of us and understand you want to convert to a permanent structure more or less from a temporary one. So if you could tell us what you are going to do. Palmer: We have been holding church camp meetings here in Meridian in the city limits since about 54 and different places throughout the City as we had property. We have WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 MEMORANDUM: of 0 HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C HARLES M. GLENN R. BENTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor April 4, 1997 To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; Office/Service Business/Barber Shop - Request for Conditional Use Permit by Big Beaver Properties LLC I have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council.: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3 3. All Signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 4. Sanitary Sewer and Water to this facility would be via. existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regards to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. Big Beaver Prop.CUP.doc WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 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 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: P&Z Commission/Mpor & Council From: Shari Stiles, P&Z Administrator COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY Re: Request for Conditional Use Permit for Professional Office/Service Business/Barber Shop by Big Beaver Properties, LLC P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY April 4. 1997 As the use being requested is for a barber shop, which is different than the previous use, the Applicant was requested to apply for a conditional use permit. The Applicant is requesting a conditional use permit for the entire building, with all uses being designated. Each tenant shall obtain a certificate of occupancy prior to opening for business in accordance with City Ordinance 11-2-421 and the Uniform Building Code. 2. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning & Zoning Department. A -frame and other temporary signs will not be permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed for all signage. 3. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 4. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary. Services, Inc. Locate dumpsters so as not to impede fire access. 5. Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged. A re -assessment agreement will be entered into with the Applicant prior to issuance of a certificate of occupancy. CA0FRcTtwec✓n WPD0cs\BRAVM.CVP P&Z Commission/Mayor & Council April 4, 1997 Page 2 6. The property does not appear to provide adequate off-street parking. With roughly 4,000 square feet of building, a total of ten (10) off-street parking spaces would be needed. Parking in the alley or on State Street does not count toward off-street parking. Residents in the area have complained of various employees in the area parking all day in front of their homes and would like to have a two-hour parking restriction imposed on State Street. I could support waiving the off-street parking. requirement provided that all uses are restricted to those outlined in the application and no retail or restaurant use is permitted. 7. Handicapped accessible parking and walkways are to be provided in accordance with the Americans with Disabilities Act,. including appropriate signage. 8. Landscaping and underground sprinkling of all landscaped areas shall be provided per City Ordinance. 9. Illumination of site shall not cause glare or impact adjacent properties, as determined by the City. • 1 • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BIG BEAVER PROPERTIES, L.L.C. CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP CORNER OF EAST IST STREET AND STATE AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on April 8, 1997, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through its representative, Tim Bever, hereinafter referred to as the "Representative," the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 8, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 8, 1997 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. BIG BEAVER PROPERTIES, L.L.C. • • 2. The property included in the application for a conditional use permit is described in the application, and by this reference is incorporated herein as if set forth in full. This property is located within the City of Meridian, Ada County, state of Idaho at the corner of East 1st Street and State Street. 3. Pursuant to the application, the Applicant is the owner of record of the property. 4. Pursuant to the application, the existing uses of the property are as a professional office, a service business and a barbershop. The Applicant is seeking a conditional use permit for said existing uses. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 5. The property is currently zoned (OT) Old Town. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B.., Professional and Sales Offices and Retail Stores are listed as conditional uses in the (OT) Old Town District and, therefore, in the (OT) Old Town District a conditional use permit for the operation of a professional office, a service business and a barbershop is required. 5. The (OT) Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (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 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. BIG BEAVER PROPERTIES, L.L.C. medium-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 the 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. 6. Conditional Use Permit is defined in the Zoning and Development Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The Representative testified substantially as follows. He does not know the reason for him having to go through this process. The Applicant purchased the property approximately one and half years ago. The Applicant has repainted the building and installed a new roof for which it was advised that a building permit was not required because such work constitutes general maintenance or upkeep. 'The occupancy of the building on the property is approximately 70% full, one-half of whom were tenants when the Applicant purchased the property. Through this process, the Applicant has received letters from Ada County Highway District and Nampa & Meridian Irrigation District setting forth requirements the Applicant must fulfill, which has caused great confusion. 8. Chairman Johnson explained to the Representative that one of the requirements under the designated zoning of the property, (O -T) Old Town District, is to secure a conditional use permit for the particular use of the property. The Applicant has ignored the requirement. One of the Applicant's tenants inquired of the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. BIG BEAVER PROPERTIES, L.L.C. • • of Meridian whether a conditional use permit is required for the property, the response to which was affirmative. However, the tenant did not apply for or secure the required condition use permit, but proceeded with and opened the business. 9. In response to Chairman Johnson's explanation, the Representative testified that he understood the reason the Applicant has to go through the process, and it will attempt to comply with the requirements. The Representative continued that compliance with the requirements would be a difficult task based upon the age and general vicinity of the building. 10. Commissioner Borup commented and Chairman Johnson concurred that the comments from the Nampa & Meridian Irrigation District indicate a lack of familiarity with the building and the property. 11. Commissioner Borup further commented that he does not understand Ada County Highway District's requirement of paving the alley adjacent to the south portion of the building. In response to a question of the Representative, the Representative testified that the alley is not used and it does not encourage parking in the alley. Chairman Johnson commented that there is no specific use with the particular alley. Everyone uses the alley, but it is used primarily by the solid waste contractor to pick up the trash. In the past, the Commission has not required paving of the alley ways except when a portion of the alley way is converted to a form of parking. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. BIG BEAVER PROPERTIES, L.L.C. 12. Commissioner Borup further commented that Ada County Highway District's requirement of repairing/replacing the curb on State Avenue is not unreasonable. Commissioner Oslund stated that he found the requirement of the replacement of the curb, gutter and sidewalk acceptable. 13. Commissioner Borup commented upon and questioned the Representative on item 6., concerning parking, made by the Planning and Zoning Administrator in her submitted. comments. The Representative stated that leaving the parking as it exists is fine. The Applicant is seeking low traffic types of businesses as its tenants. 14. Commissioner MacCoy commented on the requirements concerning lighting, the avoidance of causing glare and the display of signs and working with City staff to comply with the imposed requirements. 15. In response to questions from Commissioner MacCoy, the Representative stated that there exist ramps for access by disabled individuals and the widths of the door are in compliance with applicable requirements. Accordingly, the Applicant believes it is in compliance with the Americans with Disabilities Act. The Representative further stated that the Applicant intends to plant flowers in the planter boxes in the front of the building. 16. In response to further questions of Commissioner Borup, the Representative stated that the present tenants consist of a building company whose office is located in the building, a barber shop and a typography business. A brokerage firm is contemplating FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. BIG BEAVER PROPERTIES, L.L.C. renting the remaining portion of the building. The tenants have low traffic types of businesses. 1 17. The Assistant to the City Engineer, Bruce Freckleton, submitted comments which are incorporated herein as if set forth in full. His comments included, but are not limited to, the following: a. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; b. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2- 414 D 3.; C. All signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance; and d. Sanitary sewer and water to this facility would be via existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. The Applicant is to provide any information that it may have with regards to the anticipated water demand. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 18. The Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full. Her comments included, but are not limited to, the following: a. As the use being requested is for a barbershop, which is different than the previous use, the Applicant was requested to apply for a conditional use permit. The Applicant is requesting a conditional use permit for the entire building, with all uses being designated; b. Each tenant shall obtain a certificate of occupancy prior to opening for business in accordance with City Ordinance 11-2-421 and the Uniform Building Code; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. BIG BEAVER PROPERTIES, L.L.C. C. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning and Zoning Department. A -frame and other temporary signs will not be permitted and will be removed upon three days notice to the Applicant. Sign permits are needed for all signage; d. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes; e. Screened trash enclosures are to be provided in accordance with City Ordinance. The Applicant is to coordinate dumpster site locations with the City's solid waste contractor and to locate dumpsters so as not to impede fire access; f. The Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged. A re -assessment agreement will be entered into with the Applicant prior to issuance of a certificate of occupancy; g. The property does not appear to provide adequate off-street parking. With roughly 4,000 square feet of building, a total of ten (10) off -street. -parking spaces would be needed: Parking in the alley or on State Street does not count toward off-street parking. Residents in the area have complained of various employees in the area parking all day in front of their homes and would like to have a two-hour parking restriction imposed on State Street. She could support waiving the off-street parking requirement provided that all uses are restricted to those outlined in the application and no retail or restaurant use is permitted; h. Handicapped accessible parking and walkways are to be provided in accordance with the Americans with Disabilities Act, including appropriate signage; i. Landscaping and underground sprinkling of all landscaped areas shall be provided per City Ordinance; and j. Illumination rif site shall not cause glare or impact adjacent properties, as determined by the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. BIG BEAVER PROPERTIES, L.L.C. 19. Meridian City Police Department and Meridian Fire Department submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 20. The Ada County Highway District submitted comments, and such comments are hereby incorporated herein as if set forth in full. Its comments included, but are not limited to, the following: a. The Applicant replace damaged curb on State Avenue with new curb to match existing improvements. Segments to be replaced shall be determined by ACRD Construction Services staff; b. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District; c. The Applicant pave the alley a minimum of 16 feet wide abutting the entire site; and d. No additional access to State Avenue or East 1st Street has been proposed with the application and none are approved. 21. Central District Health Department submitted comments, which comments are hereby incorporated herein as if set forth in full; that it has no objections to this proposal and after written approval from appropriate entities are submitted, it can approve this proposal for central sewage and central water 22. Nampa & Meridian Irrigation District submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The Nampa &-Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; b. All laterals and waste ways must be protected; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. BIG BEAVER PROPERTIES, L.L.C. C. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans; d. The developer must comply with Idaho Code Section 31-3805; and e. It is recommended that irrigation water be made available to all developments with the Nampa & Meridian Irrigation District. 23. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. 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. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of. Meridian. 3. The City has the authority to take judicial notice of its ordinances and proceedings, other governmental statues and ordinances, and of actual conditions existing within the City and state of Idaho. 4. 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 that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the FINDINGS OF.FACT AND CONCLUSIONS OF LAW - Page 9. BIG BEAVER PROPERTIES, L.L.C. 0 9 permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The Commission has judged this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. 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. Upon a review of those requirements and a review of the facts presented and the conditions of the area and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The uses would, in fact, constitute conditional uses and a conditional" use permit would be required by ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. BIG BEAVER PROPERTIES, L.L.C. 0 0 b. The uses would be harmonious with and in accordance with the Comprehensive Plan but the Zoning and Development Ordinance requires a conditional use permit to allow the uses; C. The uses are designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the uses should be operated and maintained to be harmonious with the intended character of the general vicinity and .should not change the essential character of the area; d. The uses would not be hazardous nor should they be disturbing to existing or future neighboring uses if the conditions are met; e. The property has sewer and water service already connected, but the Applicant may have to pay additional fees for the uses; f. The uses would not create excessive additional requirements at public cost for public facilities and services and the uses would not be detrimental to the economic welfare of the community; g. If the conditions are met, the uses should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the follaiwing conditions of granting the conditional use be required, to wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. BIG BEAVER PROPERTIES, L.L.C. • 0 a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Police Department, Meridian Fire Department, Central District Health Department, and the Nampa Meridian Irrigation District, which requirements specifically include: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; 2. Outside lighting shall be designed and placed so as not to direct illumination cause glare or impact adjacent properties or any nearby residential areas, as determined by the City of Meridian, in accordance with City Ordinance Section 11-2-414 D 3.; 3. All signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning and Zoning Department. A -frame and other temporary signs shall not be permitted and shall be removed upon three days notice to the Applicant. Sign permits shall be required for all signage; 4. The Applicant shall provide any information that it may have with regards to the present and anticipated water demand for the purpose of reviewing the assessments for sewer and water and determining whether additional load would justify an adjustment; 5. The Applicant shall enter into an Assessment Agreement with the City of Meridian prior to the issuance of any certificate of occupancy; 6. Each tenant shall obtain a certificate of occupancy prior to opening for business in accordance with City Ordinance 11-2-421 and the Uniform Building Code; 7. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. BIG BEAVER PROPERTIES, L.L.C. • r 8. Screened trash enclosures are to be provided in accordance with City Ordinance; 9. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor and to locate dumpsters so as not to impede fire access; 10. Handicapped accessible parking and walkways are to be provided in accordance with the Americans with Disabilities Act, including appropriate signage; 11. Landscaping and underground sprinkling of all landscaped areas shall be provided per City Ordinance; and 12. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Applicant must submit drainage plans to the Nampa & Meridian Irrigation District for its review and approval. c. The Applicant shall meet the requirements of the Ada County Highway District, except the requirement that the Applicant pave the alley abutting the entire site. These requirements specifically include: 1. The Applicant replace damaged curb on State Avenue, as determined by Ada County Highway District's Construction Services staff, with new curb to match existing improvements; 2. Utility street cuts in new pavement less than five years old shall not 'be allowed unless approved in writing by the District; and 3. No additional access to State Avenue or East 1st Street have been proposed or approved. d. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein, other conditional use applications, or the ordinances of the City of Meridian. 9. The above -conditions are concluded to be reasonable and the Applicant shall meet these conditions. FINDINGS OF.FACT AND CONCLUSIONS OF LAW - Page 13. BIG BEAVER PROPERTIES, L.L.C. 0 9 10. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROf,L CALL COMMISSIONER BORUP COMMISSIONER O>�D C5 l COMMISSIONER MACCOY COMMISSIONER MANNING CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. BIG BEAVER PROPERTIES, L.L.C. �/l 3/4-3z 0 0 DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it 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 or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTIC DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. BIG BEAVER PROPERTIES, L.L.C. G. BERG, JR., City Clerk SMITH, City Treasurer . 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 VALLEY 0 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 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 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: April 1, 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for professional ofiiicelservice business/barber shop BY: Big Beaver Properties LLC LOCATION OF PROPERTY OR PROJECT: Corner of E. 1 st Street and State Ave JIM JOHNSON, P/Z MALCOLM MACCOY, P2 RON MANNING, P/Z GREG OSLUND, P2 KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C - CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES S ��k OFFICIALS ,..--'"W;LLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • ROM (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers Licrsse (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBER 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 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: April 1, 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for professional office/service business/barber shop BY: Big Beaver Properties LLC LOCATION OF PROPERTY OR PROJECT: Comer of E. 1 st Street and State Ave JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES / OTHER: 3— C� 1 -� YOUR CONCISE REMARKS: VC SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary March 31, 1997 Big Beaver Properties, L.L.C. 6754 Cochrane Drive Meridian, Idaho 83642 Re: Staff Level Approval MCU -12-97 East lst St and State Ave Facts and Findings: • Prof. office/business/barber shop A. The Ada County Highway District (ACRD) staff�"s recdoM above referenced application _ p requesting conditional use approval to construct -'d �R , business, and a barber shop. It appears that this site is fully developer Thi site is to' , y tiie southwest comer of East 1st Street and State Avenue. This develnt is not est ed to generate any additional vehicle trips per day. However, them!C"i"estimated 475 existing vehicle trips based on the Institute of Transportation Engineers t'tp owration manual. The applicant is not proposing any new,*on E. `fit Street nor State Avenue. B. The application and site plan received by the Citi tli`=1Vleridian and submitted to the District on March 20, 1997, have been reviewed by, the ACHD Development Services staff and conforms s to applicable District standards/policy! or can be made to conform with the change(s) to the plan described in the requutrnents stag below. This item will "not heard by the.ACHD Commission unless the site plan is changed in such a manner as to not,", ph with District standards/policy or an appeal of the Development Services staff decisi6*4s10 itte i as described within the Standard Requirements outlined below. The following requirements are provided as recommendations for conditions of approval to the City of Meridian: Site Specific 1. Replace damaged curb on State Avenue with new curb to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 345-7667 (with file number) for details. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 2. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number' for details. 3. Pave the alley a minimum of 16 -feet wide abutting the edtire site. 4. No additional access to State Avenue or E. 1st Street have been proposed with thio- .pplication and none are approved. Standard Requirements: 1. This decision of the Development Services Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by an owner of property within 300 -feet of the parcel within 15 calender days from the date of this report. The request shall suecifically identif3[ each requirement to be reconsidered and inc A planation of why such a e request will be heard by the District Commission at an evening meeting 2 er days of the District's receipt of the appeal letter. The appellant will be noti„ of th ime of tale Commission meeting. t' 2. After ACHD Commission action, any request nsideration of the Commission's action shall be made in writing to the Development S. i rvisor within two days of the action and shall include a minimum fee of $110. nn reconsideration shall specifically i e recons 01"Mmammuill, nclu&,,'*itten documentation f data that was not available to the Commission aW the ts original decision. The request for reconsideration will be heard by th rbistrict Com�sion at the next regular meeting of the Commission. If the Commissionaagreesr,46 reconsider the action, the applicant will be notified of the date and time of the Comrnissio` i eetink"at which the reconsideration will be heard. 3. Payment of a —Iiable r r act fee` required prior to building construction in accordance w kdmance 8; also known as Ada County Highway District Road Impact Fee Ordinance 1 ,r 4. All design and constru _ thrall be in accordance with the Ada County Highway District Policy Manual, ISPWC S dards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. MCU1297.SLA Page 2 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: 1. ACHD requirements are intended to assure that an undue burden on the existing vehicular and E vicinity impacted by the proposed developmetrt Should you have any questions or comments, please 345-7662. Sincerely, Larry Sale Development Services Supervisor cc: Projec Lead will not place within the ACHD Development Services staff at MCU1297.SLA Page 3 '-L� Hig *3 'IS Hit, -3 9-7 WIF 'r *IS ONZ '3 allp I Zt ♦ .rjw; 13 3 81S '1S1 3 "t y JlZ/ CIO ly WN Wt < 02, 07. I F- CIT ENTRAL C DISTRICT "HEALTH DEPARTMENT Rezone # Conditional Use # DISTRICT HEALTH DI Environmental Health Division ENT REcEIvED A id N 0 mon to: Boise CITM VIERI&f gle LJ Garden city Meridian ❑ Kuna Preliminary / Final / Short Plat ❑ ACZ 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: ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. 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: ❑ food establishment ❑ swimming pools or spas ❑ child care center El beverage establishment El grocerystore ❑ 15. Date: Reviewed By: CDHD 10/91 rcb, rev. 1/9S Review Sheet ❑ 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: n central sewage ❑ community sewage system ❑ community water well ❑ interim sewage .K 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 ❑ central water ❑ 10. Street Runoff is not to create a mosquito breeding problem. ❑ I I. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. 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: ❑ food establishment ❑ swimming pools or spas ❑ child care center El beverage establishment El grocerystore ❑ 15. Date: Reviewed By: CDHD 10/91 rcb, rev. 1/9S Review Sheet 26 March 1997 City of Meridian 33 East Idaho Meridian, ID 83642 RECEIVED APR 0 3 1997 CM (N WERIDIAK 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE.- Conditional Use Permit - Big Beaver Properties LLC East 1st Street and State Street Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. if any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805, It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NA MPA & MERIDIAN IRRIGATION DISTRICT BH.•d/n PC: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1 April 1997 0 Big Beaver Properties, L.L.C. 6754 Cochrane Drive Meridian, ID 83642 • i 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Offices and Barber Shop Dear Big Beaver Properties: 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 me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 20 - day of �� , 1 ggp COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED G41L-- DISAPPROVED VOTED VOTED �el�' VOTED y� VOTED VOTED f FINDINGS OF FACT AND CONCLUSIONS OF LAW - Meridian Planning & ZoNg Commission May 13, 1997 Page 5 ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP BY BIG BEAVER PROPERTIES LLC: Johnson: Are there any items for discussion on the findings of fact as prepared by our City Attorney? Borup: Has the applicant received a copy yet? Johnson: Is the applicant represented? Apparently not. Borup: I had some other comments for the applicant but I don't believe 1 will do that. MacCoy: Mr. Chairman, the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law, I would like it to also be shown that we have Commissioner Smith involved here and the name should be changed on our roll call. Johnson: We have a motion and a second to approve the findings of fact and conclusions of law as prepared, roll call vote. ROLL CALL VOTE: Borup — Yea, Smith — Yea, MacCoy — Yea, Manning — Yea MOTION CARRIED: All Yea MacCoy: Mr. Chairman, the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the applicant with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Smith: Second Johnson: A motion and a second on the Commissioner MacCoy's recommendation to City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR USE OF A METAL BUILDING 84' LONG AND 60' WIDE BY GENERAL COUNCIL OF THE CHURCHES OF GOD 7T" DAY: MERIDIAN PLANNING & ZONING COMMISSION MEETING: May 13.1997 APPLICANT: BIG BEAVER PROPERTIES AGENDA ITEM NUMBER: REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMrr FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP 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: OTHER: COMMENTS I All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Z099 Commission April 8, 1997 Page 20 Borup: I assume that ACHD is probably correct with some of their other comments like constructing a new entry drive way, I believe that is already there. Youngerman: Yes, a lot of this stuff was kind of regurgitated from when they did the original for the whole development. Borup: I have nothing else. Johnson: Anyone else? Thank you Steve, this is a public hearing is there anyone from the public that would like to come before the Commission on this application? Seeing no one then I will close the public hearing at this time. Oslund: Mr. Chairman, I will suggest that we have the City attorney prepare findings of fact on this conditional use permit. Borup: Second Johnson: It has been moved and seconded that we have the City attorney prepare findings of fact and conclusions of law on item #12, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP BY BIG BEAVER PROPERTIES LLC.: Johnson: I will now open this public hearing and ask the applicant to come forward or the applicant's representative. Tim Bever, 6754 Cochran Drive, Meridian, was sworn by the City Attorney. Bever: I guess my comment is I don't know why I am here. I went to Ada County Highway they didn't know why I was there. Bear with me for a minute, we have an existing building that it falls in Old Town Meridian. We have owned it for about a year and a half, we went to see if we needed a building permit to paint it and put a new roof and they said no go ahead it is general upkeep. We received a note from planning and zoning that it was being rezoned. It is about 70% full of tenants that half of them were there when we bought it. The rezoning process is why we are here. We are apparently in old town as it has been explained to us. Every time the property is zoned it has to be rezoned. I spoke with the City Attorney on that and let me know about that. We paid our $500 to come here and the problem with what we are having is that I have heard the word boiler plate over here. We are going through the process as we should, I am not sure again clear on this whole thing. But we recently got a letter from Ada County Highway and they speak about us like we are a new property. We are to pave the alley • • Meridian Planning & Zoning Commission April 8, 1997 Page 21 and to replace all of the curbing on the north side of the property. Now the alley we couldn't get 3 bids because nobody would come out fast enough. So we had one bid for about $1700 to pave this small piece of alley. Ada County Highway said we will just do the curb and send you the bill, a novel idea. Then what happens is we get a letter from Nampa Meridian Irrigation who presumes this is going to be a new structure. It goes on to talk about how we need to go through a process with them and has some vague terms. But then it talks about you have to go through the process and send them a check for $650. Well we called the Ada County Highway because we wanted to have them clarify why we are going through this process and they said we would have to give them $110. We are a little, I think there is a problem with old town in that some of the things that we have kind of become aware of with this kind of zoning, and I know this probably isn't a venue for rezoning, but if the building is to be sold it needs to be vacant there is exposure to the seller on the leases that exist if the planning and zoning is suspended while the building is sold. So this puts a precarious legal position for the owner. Bank financing is absolutely at risk, we financed this with US Bank and they were totally unaware of this and they did a search and we thought we did a good search but obviously not enough. The value of the building is directly affected when this situation occurs. The zoning is unstable as we see it if indeed the information that we have gleaned from our conversations with the City Attorney, Shari and Dean is correct. The cash basis of a property like this is sold a lot times (inaudible) versus the real property value of it. This is kind of what our experience is, we would sure like to be here in Meridian, but it is sure expensive. Johnson: Well I have to remind you that you are not at ACHD and you are not with the Meridian Irrigation District you are here at the City of Meridian if you let me finish. One of the things required in Old Town is that you get a conditional use permit for the use of the building. You have ignored the use of the building, as a matter of fact, one of your tenants came to the City several months ago and asked about' conditional use permit and we said yes you need to go through that process. He did not do that he opened up his business. That is why you are here. Bever: I was not aware this had something to do with a tenant, I can honestly say that. I guess Planning and Zoning is going to do what they are going to do. But the ripple effect from this in that no other agency has a form or a process that seems to deal with this in that it starts with the City of Meridian and I know it is not the City of Meridian's fault. But there is an avalanche affect that is occurring here that I don't know if anything is being served. But now I understand why I am here. Johnson: Did you have any more to add? Bever: No, we will try to comply, a lot of the compliance that was requested on here were there are not enough parking spots for the square footage of the building. Well it is a 28 year old building, it has been there. Again the irrigation ditch has been 28 years (inaudible) water in it. Some of the requirements in here are again boiler plate that do not work against this particular property because you will never get 10 spots per square • Meridian Planning & Zoing Commission April 8, 1997 Page 22 footage as it recommends and some of the other portions of it. We just don't know where do we go from here, how much of this is directly related to the property. I can't create parking spots, it is an old building and an old part of town. This is some of the parts of it, we want to be good citizens in Meridian we just want to open it up. Things started and it took off and grew it own head, incredible. We also have to do a study for Central District health on how much sewage has been going down that we have been getting a bill for 28 years. I have tried to talk to them and they say no we need it broken down as to how many fixtures (inaudible) we are going through it. That is where we are, that is my comment. Johnson: Any question from the Commissioners? Borup: Mr. Commissioners, I have some of the same questions the applicant did on some of these requirements. Specifically the irrigation district, I didn't see why there was any involvement there. Johnson: It doesn't look like they are familiar with the building at all. Borup: That is what I felt was the situation there. ACHD's comments apparently, well the only one I had there was paving the alley and I wasn't sure why, is that alley in use, are you making any use of it? Bever: Well we don't use it, we don't encourage parking there or anything. It is there and we don't park in it. The curbing on the side on the north side was also addressed. Borup: That doesn't sound that unnecessarily unreasonable on the curbing. I think Johnson: There is no specific use with that alley for that building, everybody uses that alley but the people that use it the most or need to use it are the people that pick up trash. They come in there and there is a dumpster in that area next to the adjacent building. Borup: We haven't been requiring paving Johnson: No, but it is not an uncommon request from ACRD. We don't require it, I don't know of any alleys we have paved except those that we have converted to a form of parking such as down the way at Cottage Expressions on the comer of Carlton and East First, there is some paving that went in there. Borup: So the applicant can work something out with ACHD, Meridian has got (inaudible) Johnson: That alley is not specifically for this building and they are not using it for anything, 1 am well aware of that. LJ E Meridian Planning & Zoning Commission April 8, 1997 Page 23 Bever: I guess the only thing that could help us is we have tried to communicate with them but if they get a gesture or some kind of note, can I have a note and say this is a 30 year old building they (inaudible) came from you Borup: You are understanding ACHD as holding firm they want the alley paved? Bever: Well yes, they came, my wife went to the meeting, the Commission said why are you here and then the recommendation came up and she left and camen't understand wby. albae k a then we kind of did our homework on it and ejust . andZoning, that is irrigation again one agency it Is like Mr. Johnson said this s Planning and (Inaudible). Borup: That is true Bever: The avalanche starts up here. Oslund: We have run into this before, we have rung we had a couple that wanted to convert a florist just a few blocks down to a coffee shop. That was about two months ago and they had the same requirement. As I recall we probably, well I think we waived or blew some of them off. If this were a preliminary plat, ACHD would have a lot of leverage because they have to sign off on all plats as well as the City but it is not a plat it is a conditional use. I don't know why we can't just do what we want here. I don't' see where, I don't see that they have any position, maybe I am wrong maybe they do. Borup: Does ACHD have any authority (inaudible) Fitzgerald: What these are, are recommendations from these various entities or agencies. In determining what conditions if any are going to be put on a conditional use permit the Commission can recommend that ACHD's recommendations all, some are included and made a part of the conditional use permit. Oslund: I think the sidewalk is totallyacceptable, alley� don't knows if the whole au have somamaged lley curb b and gutter then that should be fixed going to remain gravel except for, and they want you to pave your little piece and Borup: I agree that does not seem appropriate and maybe I was going to say earlier, you had mentioned, it is not the zoning that is changing. The zoning has always been the same, I think what changes is.usage of fferentthe bubuilding comes is in then itit hneeds Itional to be use permit comes In each time a approved for that business. Bever: I have been enlightened on that, so the zoning if it is commercial whatever, my lender had a question that she wanted me to ask you is this zoning and (inaudible) all of the time. If it is like commercial for paper businesses like insurance companies, stock Meridian Planning & Zoning Commission April 8, 1997 Page 24 brokers that kind of thing then when it is sold does that whole thing go up in the air and we are back in here again. Borup: It can be if it was approved under conditional use. A lot of subdivisions or plats are approved and anything on it is by conditional use. So if the business use changes Bever: But is a change from an insurance company to a finance company a change. Oslund: Well there is a difference between a change in zoning and a change in use. You haven't changed zoning you have changed use apparently. Johnson: The reason for the old town zoning is it is kind of in its (inaudible). There is a special zoning in town which is called Old Town which is Carlton to Broadway I believe. It could be beyond that. The reason for that is the zoning laws all came in after that was already developed. So the other people (inaudible) we want a special zone so that we will have an opportunity in the future to make some changes on some property that we think is poorly used, not aesthetically pleasing and is a detriment to the City. So they take this opportunity in this special zoning that when ownership changes they can impose new standards such as landscaping. This is one of things that this is about the only time the City has any authority to do anything otherwise it is grandfathered in. So when the ownership of the building changes those grandfather rights go out the window. That is when we get an opportunity, to dress up our city and that is why the zoning is there. Bever: I can certainly understand that, the lender's natural uncomfortableness with this is the zoning in play can they kill this piece of property. Because you sell a property based on Johnson: I wouldn't think it would kill it, I would think it would improve it. Oslund: It can't kill the deal, you are talking about plant 2 trees and (inaudible) personally where I am sitting I would say forget the parking in fact in my opinion old town should have a different parking ordinance. There are many cases where it can't be achieved. But in terms of fixing your sidewalk and the curb and gutter that should be a requirement. Bever: We understand that, I guess and I am not articulating myself. When you sell a rental property or a thing you can sell it two ways. The real estate value or the revenue generating value. What the banker wanted to know was how does this play into that, if it is lawyers and accountants, you can always have lawyers and accountants that is not a problem. You can sell it with lawyers and accountants that is fine, (Inaudible) but all of the sudden a new process, new Council how does that affect (inaudible). Johnson: Well if definitely has an effect .and it is probably the last thing the realtor is going to tell you and it is probably the last thing that the lending institute is interested. Meridian Planning & Zoning Commission • April 8, 1997 Page 25 But in the overall scope of trying to over time improve the looks of the City this is an opportunity and the only opportunity we get in these older zoning districts to make an improvement and it might be a tree or two here or some restriction on signage. Those sort of things otherwise we don't have the hammer to go out and make you do it. That is the restriction in the limited powers of government. We just can't go in to something that has been there for 20 years and say we don't like the looks of your building clean it up. We don't have that power, we would like to have that power because everybody here has their own personal eye sores in the City but we can't do a lot about them until we get an opportunity like this where it changes hand and the (inaudible). Bever: Are the properties outside of old town held under the same process, I think she wanted me to ask that. Is it just this area that has this specific set of rules for it. Borup: No, anything that is improved with the conditional use. Johnson: Everything in Old Town is a conditional use and that is probably what you don't understand. There are a lot of properties outside of old town zoning that are not conditional use. It is zoned light industrial we are not too concerned about the occupancy as long as it fits the eligible list for that zoning. But in old town we get a shot at any change of ownership regardless of the use. The use may be identical and for example there is some judgement area there that if the use is identical in certain areas of the city it doesn't require going through this process because we have a zoning administrator that can make a judgement decision saying hey nothing has changed here. That is a judgement call. Borup: Comment number 6 from Shari Stiles again I guess we covered this maybe enough that was on parking. Did you Bever: Well there is no parking Borup: Right and I drive past that place all of the time and I wondered how that ever, but her comment was that she felt it would be appropriate to approve that as long as it is not a heavy retail restaurant type use in there. Does that seem logical to you? Bever: To leave the on street parking alone, is that what that meant? Borup: No, just everything as is. Bever: That is fine Borup: But I think she is saying that a restaurant or something that would have heavy retail then there would definitely be a parking problem. Bever: Exactly, we are encouraging these kinds of businesses low traffic businesses, that is what we are looking for. Meridian Planning & Zo*g Commission April 8, 1997 Page 26 Borup: (Inaudible) Bever: That is the kind of businesses that we are attracted to, low traffic, non -retail types. MacCoy: Just to continue on this old town thing, on the plus side in our codes I am sure that you are probably well aware of (inaudible). We had a project that came through here about nine months ago and they wanted to take one of the old homes in old town and they argued their point. We said no you had to bring it up. So what happened is we got into it, we found out there was gross problem with the electrical. They would have probably very easily burned their house down plus their neighbors house. So it gives us a chance to go in and clean up that part too which is taking care of our total neighborhood when we do that type of thing. So it is a protection situation as well. Bever: I fully understand it, it was the other agencies that have surprised us. MacCoy: I have gone by this property, I was really, I saw this thing came up on the list I was quite curious how you were going to handle the off site or any parking for example because of the problems you have there. So I can see the discussion coming. Now you I am sure have had a chance to sit down with Bruce and Shari on staff comments on this thing? Bever: Well we have talked to Dean and Shari and some of them again are boiler plate that she just inaudible). MacCoy: I am going to mention a couple of items here that maybe might be looked at as boiler plate but are there for a definite reason we put them in to cover you and us both. That is to do with the outside lighting and we don't want you to end up lighting the neighborhood up when you set up your shop there because the first thing you are going to have is the neighbors are going to be very unhappy with you with that. So we would ask that you be very careful of your glare of the lighting that you put in. That way (inaudible). On signs, same idea, we want (inaudible) this group here we have had our problems with signs (inaudible). So I just precaution you that when you do your sign work, work with the staff here on that. Question to you to do with the American's with disabilities Act which is part of the code and you are in a business where you are going to have street traffic on some of it. How do you plan to handle for example the barber shop and so on if you have somebody with a wheel chair? Bever: There are ramps on (inaudible) and the door widths are correct. Even some of them that we did under the Federal guidelines so we feel we are in compliance. The ramps are all (inaudible). MacCoy: (Inaudible) you probably talked about the screen trash enclosure. Meridian Planning & ZoOg Commission • April 8, 1997 Page 27 Bever: (Inaudible) MacCoy: Shari, when she talked to you, talk about landscaping or make any changes there? Bever: No, the City when they did their sidewalks pretty much did it, it is all concrete and the trees are in there. We (inaudible) two little flower boxes that are going to have flowers in them. MacCoy: I saw your drawing here that said flower boxes on them and I was wondering if there was anything else you were planning on putting in them or if that was the only thing you had to put in them. Bever: That is the only dirt that is left out there is the planter boxes. There is a little strip of grass along the side we just want to (inaudible). Johnson: Does anyone else have any questions? Borup: A couple, you made mention of a service, you have a barber shop and I think a builders office, what is the service business? Bever: Well the builders just have their office there, and we have the barber shop. We have a finance not a finance company but a stock or brokerage firm looking at it. Then we have another one with (inaudible). Borup: So right now it is just the two? Bever: Just the two that are occupied. Then there is Rita who has- the topography studio on the corner and she has been there for 8 years. So she is (inaudible) real low traffic (inaudible) but the are all non -retail. Borup: You made comment ACHD wanted some other studies done. The information in our packet says they approve Bever: That was Central District Health Borup: That is what I meant Bever: (Inaudible) Borup: The deal in our packet says they approved it, there are no comments in here that they wanted anything else. Bever: I didn't understand the form (inaudible) Meridian Planning & Zo^ Commission April 8, 1997 Page 28 Borup: Unless there is something that we are missing I don't think there is anything that you have to worry about there. I would be in favor of eliminating the alley paving requirement and have you take a look the curb and gutter could be a safety aspect. I was going to go by and look at that but I didn't. Bever: Well the Ada County Highway said they will just do it. Oslund: Delete the parking too. Borup: (Inaudible) shall be provided in accordance (inaudible) Johnson: Anybody else? Well thank you, we appreciate the money you have expended improving the building, it looks much better. I have known that building since it was built and it is much more attractive than it was. This is a public hearing, anyone else that would like to come before the Commission on this? Seeing no one then I will close the public hearing at this time. Oslund: Mr. Chairman, I move that we have the City Attorney prepare findings of fact on this conditional use permit. MacCoy: Second Johnson: Moved and seconded that we have the City Attorney prepare findings of fact on item #13, all those in favor? Opposed? MOTION CARRIED: All Yea SEVEN MINUTE BREAK ITEM #14: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A METAL BUILDING 84' LONG BY 60' WIDE BY GENERAL COUNCIL CHURCH OF GOD 7T" DAY: Johnson: I will now open the public hearing and ask the applicant's representative to approach the podium and address the Commission. Don Palmer, 575 East Hubbard Road, Kuna, was sworn by the City Attorney Johnson: Do you want to elaborate a ;little bit more on what you are going to do. We have read the application, I think all of us and understand you want to convert to a permanent structure more or less from a temporary one. So if you could tell us what you are going to do. Palmer: We have been holding church camp meetings here in Meridian in the city limits since about 54 and different places throughout the City as we had property. We have MERIDIAN PLANNING & ZONING COMMISSION MEETING: April 8.1997 APPLICANT: BIG BEAVER PROPERTIES LLC AGENDA ITEM NUMBER: 13 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP 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: OTHER: 5 fry-, SEE ATT, SEE ATTA _.j COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS C CU All Materials presented at public meetings shall become property of the City of Meridian. OFFICIALS i JJAM G. BERG, JR., City Clerk ,NICE L. SMITH, 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 & 2 Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Rre 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) 888-4433 - FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: P&Z Commission/Mavor & Council From: Shari Stiles. P&Z Administrator COUNCIL MEMAER'S WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY Re: Request for Conditional Use Permit for Professional Office/Service Business/Barber Shop by Big Beaver Properties, LLC P & 2 COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY April 4. 1997 As the use being requested is for a barber shop, which is different than the previous use, the Applicant was requested to apply for a conditional use permit..The Applicant is requesting, conditional use permit for the entire building, with all uses being designated. 1. Each tenant shall obtain a certificate of occupancy prior to opening for business in accordance with City Ordinance 11-2-421 and the Uniform Building Code. 2. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning & Zoning Department. A -frame and other temporary signs will not be permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed for all signage. 3. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 4. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged. A re -assessment agreement will be entered into with the Applicant prior to issuance of a certificate of occupancy. -%0FNM WP>0HE,►.MC1V P&Z Commission/Mayor & Council April 4, 1997 Page 2 6. The property does not appear to provide adequate off-street parking. With roughly 4,000 square feet of building, a total of ten (10) off-street parking spaces would be needed. Parking in the alley or on State Street does not count toward off-street parking. Residents in the area have complained of various employees in the area parking all day in front of their o -hour parking restriction imposed on State aaeoI could support waiving the off-street parking requirement prove at use re restricted to those outlined in the application and no retail or restaurant use is permitted. 7. Handicapped accessible parking and walkways are to be provided in accordance with the Americans with Disabilities Act, includinF, appropriate signage. 8. Landscaping and underground sprinkling of all landscaped areas shall be provided per City Ordinance. 9. Illumination of site shall not cause glare or impact adjacent properties, as determined by the City. c:wFFlMWP WRAWPD0M8EAVER. CUP MERIDIAN PLANNING & ZONING COMMISSION MEETING: April 8,1997 APPLICANT: BIG BEAVER PROPERTIES LLC AGENDA ITEM NUMBER: 13 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP 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: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 MEMORANDUM: 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 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer 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 April 4, 1997 Re; Office/Service Business/Barber Shop - Request for Conditional Use Permit by Big Beaver Properties LLC I have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council.: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. 2. Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3 3. All Signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 4. Sanitary Sewer and Water to this facility would be via. existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. Please provide any information that you may have with regards to your anticipated water demand. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. Big Beaver rrop.CUP.dm 4 G. BERG, JR., City Clerk L. SMITH, City Treasurer J. 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 VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 8874813 Public Works/Budding Department (208) 887-2211 Motor Vehicle/Drivers license (208) 888.4443 ROBERT A CORRIE Mayor 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 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: April 1, 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for professional office/service business/barber shop BY: Big Beaver Properties LLC LOCATION OF PROPERTY OR PROJECT: Corner of E. 1 st Street and State Ave JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES CMV 01- MERIDIAN OFFI IA S ,- IW4LLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 7WWURE 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 Depamnent (208) 887-2211 Motor vehicle/Drivers Liome (208) 888-4443 ROBERT D. (mRRIE Mayor COUNCIL MEMBER WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMIS. ION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: April 1. 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for professional office/service business/barber shop BY: Bia Beaver Properties LLC LOCATION OF PROPERTY OR PROJECT: Cromer of E. 1 st Street and State Ave JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES /— 9 OTHER- 3 " I YOUR CONCISE REMARKS: - f � /esu aQ� SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary March 31, 1997 Big Beaver Properties, L.L.C. 6754 Cochrane Drive Meridian, Idaho 83642 Re: Staff Level Approval MCU -12-97 East 1st St and State Ave Facts and Findings: A. The Ada County Highway District (ACHD) requesting conditional use approval to const shop. It appears that this site is fully develc of East 1st Street and State Avenue. This di additional vehicle trips per day. However, i basedr on the Institute of Transportation Eng The applicant is not proposing any Prof. office/business/barber shop cer " &rlbe above referenced application >siona+t�ce, business, and a barber to is located on the southwest comer is not estnnated to generate any stimated 475 existing vehicle trips neration manual. Street nor State Avenue. B. The application and site plan received by the Ci 'Meridian and submitted to the District on March 20, 1997, have been reviewed by, the ACHD Development Services staff and conforms to applicable District standards/policy; dr canFbe made to conform with the change(s) to the plan described in the requirements stated This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to not conform wiih,District standards/policy or an appeal of the Development Services staff decision is submitted as described within the Standard Requirements outlined below. The following requirements are provided as recommendations for conditions of approval to the City of Meridian: Site Specific Requirements: 1. Replace damaged curb on State Avenue with new curb to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 345-7667 (with file number) for details. ada county highway district 318 East 37th 9 Boise, Idaho 83714-6499 9 Phone (208) 345-7680 2. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number` For details. 3. Pave the alley a minimum of 16 -feet wide abutting the ..:.Mire site. 4. No additional access to State Avenue or E. lst Street have been proposed with thi! )plication and none are approved. Standard Requirements: 1. This decision of the Development Services Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by an owner of property within 300 -feet of the parcel within 15 calender days from the date of this report. The request shall specifically tent would result in a substantial hardshW or :The request will be heard by the District Commission at an evening meeting within 27� er days of the District's receipt of the appeal letter. The appellant will be notifi- f thea ate time of the Commission meeting • A 2. After ACHD Commission action, any request fo�onsideration of the Commission's action shall be made in writing to the Development Services S'u�ervisor within two days of the action �� and shall include a minimum fee of $110 OO:.e The reauest.'F reconsideration shall mecifically was not available to the Commission f7the time oat's original decision. The request for reconsideration will be heard by the District` Commission at the next regular meeting of the Commission. If the Commission agrees. to reconsider the action, the applicant will be notified of the date and time of the Commissiom neeting at which the reconsideration will be heard. 3. Payment of ap&able rmfflz act fees aff required prior to building construction in accordance with` Ordinance#t`88 also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall, submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. MCU t 297.SLA Page 2 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: ACHD requirements are intended to assure that an undue burden on the existing vehicular and F vicinity impacted by the proposed development: Should you have any questions or comments, please 345-7662. Sincerely, Larry Sale Development cc: Projec Lead will not place within the ACHD Development Services staff at MCU1297.SLA Page 3 s IS 08£' -3 A -V ,% . - 0 v 'IS 0 N Z 3 &.-I- w 07.1 Q, —13 3 8 IS 71SI *3-—- Virl ft do Lft 0.40 CIF ENTRAL DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # CENTRAL DISTRICT HEALTH DEPARTMENT>RECE1vIEp Environmental Health Division to: IJI� FI Boise `CITY dF VIERI[9'Garden fpgle city �fia�L IJ�'7r7�Er f/�i9z1��2-ffi��pMeridian '`— Preliminary / Final / Short Plat ❑ KunaACZ ❑ Kun 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. ❑ S. 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: 1K central sewage ❑ community sewage system ❑ community water well ❑ interim sewage 4K 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 ❑ central water ❑ 10. Street Runoff is not to create a mosquito breeding problem. ❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. On ❑ 15. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store Date: Reviewed By: QHD 10/91 rd. rev. 1/$ Review Sheet 26 March 1997 City of Meridian 33 East /daho Meridian, ID 83642 RECEAVED APR p ? 1997 CITY ()' AMMAN l • , Z)&&&e 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE., Conditional Use Permit - Big Beaver Properties LLC East 1st Street and State Street Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. A// municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NA MPA & MERIDIAN IRR/GA TION DIS TRIC T BH.•d/n PC: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 a 1 April 1997 Big Beaver Properties, L.L.C. 6754 Cochrane Drive Meridian, ID 83642 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Offices and Barber Shop Dear Big Beaver Properties: 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 me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent City of Meridian enc. c(opy APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000