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Central Valley Corporate Park No. 3 CUP
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 40 HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA 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 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 Drive -up windows and 2 buildings on same lot BY: R.T. Nahas Co. LOCATION OF PROPERTY OR PROJECT: Lot 5. Central Valley Corp. Park No. 3 JIM JOHNSON, P2 MALCOLM MACCOY, P/Z RON MANNING, P/Z GREG OSLUND, P/Z KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, CIC 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: ITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT 3 b6491 NAME: T, �,a.� ��p , PHONE: ![s ADDRESS: l D 2- So -71.4 1'1 oAk"r4D V�k"7©Z GENERAL LOCATION: -©T 5 - �.L/�! 1_ Irc- DESCRIPTION OF PROPOSED CONDITIONAL USE: 0RJ —;7--Qj2 W t►,xGYJCo ZONING CLASSIFICATION: SEA-. Loh6 ��p' PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certif , that the information contained herein is true and correct. Si pature of pplicant Social Security Number 5Slct `'Jd G302, 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 (--�O-A• , Cb9-P, 0t�'t'3 SUBDIVISION, BLOCK LOT �J TO VJ/11/ill 14:44 CAA 010001/010 r A lIIA"AA vv .sa- 0 AR'T'HUR F. POCOCK 20630 Patio Drive Castro valley, CA 94546 March 10, 1997 City Council City of Meridian, Idaho 33 E. Idaho Avenue Meridian, ID 83642 RE: Parcel No. 03-81343520425 Central valley Corporate Park 13 To Whom It May Concern: I hereby authorize Robert W. Nahas or his representa- tive to apply for a conditional use permit for two drive-through windows for Building B of my proposed development. I further agree to pay any additional sewer, water,. trash fees or other charges, if any, associated with the use. Sincerely, ftt Ai thur F. Pocock AFP/hrs TO MAYS AND TO MW tlr OM famaM. Whb tb* gvwteaaaor omo fir nM GRIMO N. cad Wamewp) Kin w adfa tbtwtt. AM toe Wd OwAmn dare No brrebf toMrah 0 Of WU Mt afd Otwtlft Nr O VINDMI q WM the WSW* it Ar look ordd raatbW art MM Otemime rR her thew as u4e014001104 BX=F 'throe to WMa tW MON .tyaeo h V*r wr orae eeblaet aro arae wda, aAWW or dw b7 iM Qw4** cad wbJrr to ramrwloW4 trn:1,7bet. dtdkeNona, etarrtratta W*W er wq aN afr.usaaa, 0r+g1 et nMd, w dtahrM taw cad amommo a, bares btlplAa W wfra ahaetataatt, Or w) hes the n±; eumm far. wrid: We —)v des no s alh, and tow G aMarp us w0+ata WA do" #4 8000 not ON kWM dtlnr aMaeteR. ottrt MKa�Mr . 1Sls NAPM a Glitmis Consral partne"W IIYt ► y -- aF.11�� � Oa thio shs�L.dgai�4ler f 9 9S before tut. ' � SOhdNta J. DMalr'Y� ttro wdlmm peri Notary letrblAa, Moved " 4 V. Melt Nai*aMtlf U C. NOME a' IMPWMN* !ache to toe 1 � prorN a tar 0a tM iatit of ettlMeeeeY widwr0e to to tb pwoa(rl Who ese0otad the WkW Inam tear oa Itefal/ of the phtprl ow ad aoMewhdpd to hue that W putaeta* "mud it. N(i'b M IWLM d 4o6 ofRtW 80d 02 11/11/08 12:27 _ ���• 95078 ' -Elumm Thm CawAmy ADA C". n[CG"ER OFADACOWM J. D,li ' "AY;vPRO pofs� iu 23 Pr1 w e95ldf?_ Om 3364M FEE::�' RNAwdLCaWPARAI ft www cera VM400=36 p NACB AWM M aaOpnpMtt DOA WARRANTY DEED: tatontalr.�► lOR YAf.Ift 1ltIp1YW MFM UU and MAYAS, A California Oaaeral partmersbip. their entice i0tarest (which is m uodlYided tttt—halt iaterut) ORWIORW ba 00 bathe OSANr. M110AM. fate. aat C WST tato R. T. NAM OMMI OF IMM. an Nath* corporation ORAtAfS(q.whtwoatr�rtaddtmb; 102 S. 17th Street. Suite 300, Solos• Idaho $3703 tMAo.adOaWmdpeor IV Ada cwr.9hwMWaAe. aION fertkal0tb d0ttilad a Mace. to ,de Iso the Attached tA" ahibit " for Issal dateription, which DY chit reference is iwt:erporated berela.las TO MAYS AND TO MW tlr OM famaM. Whb tb* gvwteaaaor omo fir nM GRIMO N. cad Wamewp) Kin w adfa tbtwtt. AM toe Wd OwAmn dare No brrebf toMrah 0 Of WU Mt afd Otwtlft Nr O VINDMI q WM the WSW* it Ar look ordd raatbW art MM Otemime rR her thew as u4e014001104 BX=F 'throe to WMa tW MON .tyaeo h V*r wr orae eeblaet aro arae wda, aAWW or dw b7 iM Qw4** cad wbJrr to ramrwloW4 trn:1,7bet. dtdkeNona, etarrtratta W*W er wq aN afr.usaaa, 0r+g1 et nMd, w dtahrM taw cad amommo a, bares btlplAa W wfra ahaetataatt, Or w) hes the n±; eumm far. wrid: We —)v des no s alh, and tow G aMarp us w0+ata WA do" #4 8000 not ON kWM dtlnr aMaeteR. ottrt MKa�Mr . 1Sls NAPM a Glitmis Consral partne"W IIYt ► y -- aF.11�� � Oa thio shs�L.dgai�4ler f 9 9S before tut. ' � SOhdNta J. DMalr'Y� ttro wdlmm peri Notary letrblAa, Moved " 4 V. Melt Nai*aMtlf U C. NOME a' IMPWMN* !ache to toe 1 � prorN a tar 0a tM iatit of ettlMeeeeY widwr0e to to tb pwoa(rl Who ese0otad the WkW Inam tear oa Itefal/ of the phtprl ow ad aoMewhdpd to hue that W putaeta* "mud it. N(i'b M IWLM d 4o6 ofRtW 80d 02 11/11/08 12:27 E Fb Nunbw. M406S4 9 vmww 1934000,ZN A TRACT OF LAND SEINE LAT S AND A PORTION OF LOT 4, SLACK 4, CEHITRAL VALLEY CORPORATE PARK NO.3 (A RECORDED SUBDIMMM ON FILE IN BOOK 61 OF PLATS AT PAGE SOLS AND =I, RECORDS OF ADA COUNTY, KWO), SITUATED IN THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 1S. TOM ISM 3 NORTH, RANGE 1 RAST. BOTS 40WIAK ADA COUNTY, IDAHO, LYING SOUTHERLY OF A L9+RR: OBSOR BED AS FOLLOWS, ANG AT A POUND BRASS CAP MONUMLNTING THE SOUTHM gT CORDER OP SAD SECTION It THENCE ALONG THE WEIMMY LINE OF SAID QST QUARTERS NORTH 01 DEGREE MW EAST A DMANC! OF 2NO23 FEET TO A FOUND BRASS CAP MONUMENTM THE NORTHHMEST COARM OF"SOUpWA ST QUARTER, no". LEAVING SAID 1NE9TE.RLY LINE AND ALONG THE NORTHERLY LINE OF SND SoUrmwm1T QUARTER, NORTH 00 DEGREES 4LCtr EAST A DWANOC OP M" FEET TO A FOUND IRON PIPE ON THE GASTMLY NGW OF WAY OF EAST FIRST STREET SOUTH MONLMENTNIG 7HE PoW OF BRIG OF CENTRAL VALLEY CORPORATE PARK NO. I (I► RECORDED SUlIDMSION ON FILE IN BOOK is OF PLATS AT PAGE ISM. 6675 AND 6674, REOLMIX OF ALTA OOUNTY, IGAHIO; THENCE LEAVING SAID NORTHERLY LINE AND ALONG SAID EASTERLY RIGHT OF WAY SOUL YWESTERLY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY A DISTANCE OF= FEET, SAI0 PAM HAVING A RADIUS OF TOWN FEET, A CENTRAL. ANLL E OF 1Z DEQREES iT33', A CHARD TNG SOUTH 17 DEGREES WW WEST. A CHORD DISTANCE OF 2XU FEET TO A FOUND IRON PIPE MONUMENTM THE POINT OF OEGIMr M OF SAID CENTRA. VALLEY CORPORATE PARK NO. 3. SAID IRON PIPE ALSO S ING TIME NORTHYVESMLY CORNER OF SAID LOT 3: THENCE LEAW4IAD EASTERLY ROW OF WAY AND ALONG THE NOMMY UNE OF SAID LOT 9 SOUTH 0 DEGREES WW EAST A DISTANCE OF 29L14 FEET TO A FOUND STEEL. PIN ON THE WESTERLY MIGHT OP WAY OF SOUTH PROGRESS AVMM MONUIWWMNG THE NORTHEASTERLY CORNER OP SAID LAT R THE%= LEIWN O SND NORTHERLY LINE AND ALONG THE SAM WESTOILY NOW OF WAY SOUTH 02 OEM= 00' v WEST A OWANCE OF 143,66 FEET TO ABET STEN PIN AND THE TRUE PONT OF NNW# q OF SAID 098CM 1D UNE; THENCE LEAVING SND VMFM LY FVQW OF WAY NORTH S3 DEGREES ZWIW WEST A DISTANCE OF 266.64 FELT TO A SET STEEL PIN ON SAID EASTORLY MWOFWAYOFOWMWMWSOUIKANDTHETVWMOPSMMMMUNIL ��.] it •- .0 • .�.�r � 0 1 03 • Print Key Output 5763SS1 V3R2M0 960517 51021486 Display Device . . . . . : AS027ISlSl User . . . . . . . . . . : ASR WENTZ PFMD01 97 MASTER UPDATE Parcel R1343530020 Code Area 03 Type Qty Name WAREMART INC 210 8.851 Buyer C/0 BURKE & NICKEL Address 3336 E 32ND STREET #217 TULSA OK 74135 - 0000 Last Change : 96/12/12 By : ASR_CUNNIN Total Desc. LOT 11 BLK 2 CENTRAL VALLEY CORP PARK #4 #94106268 • Page 1 03/05/97 13:04:08 3/05/97 13:04:07 Value ACTIVE 1021706 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Annexation *NO Notes *NO 1021706 Grp 999 Typ 999 AP SW Exemption M31020020110 3N 1E 18 Hardship 65 0 Property . Zoning C -G Flag Address 00000 S PROGRESS AVE MERIDIAN ID D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F8=Assoc Address F11=Deed 0 Print Key Output 5763SS1 V3R2M0 960517 S1021486 Display Device . . . . . AS027ISlSl User . . . . . . . . . . . ASR WENTZ PFMD01 97 M A S T E R U P D A T E Parcel 51213417705 Code Area 75 Type Qty Name STATE OF IDAHO 810 14.230 Buyer C/O Address 00000 - 0000 Last Change By Total Desc. S2NE4SE4 EXC INT 80N SEC 13 3N 1W • Page 1 03/05/97 12:59:56 3/05/97 12:59:54 Value ACTIVE Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Annexation *NO Notes *NO Exemption M 03N01W137705 3N 1W 13 Hardship 65 0 Property Zoning RT Flag Address 00000 WALTMAN ID D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F8=Assoc Address F11=Deed 0 Print Key Output 5763SS1 V3R2M0 960517 51021486 Display Device . . . . . . AS027ISlSl User . . . . . . . . . . : ASR WENTZ PFMD01 97 MASTER UPDATE Parcel S1213417680 Code Area 75 Type Qty Name DOUFAS JERRY & OLIVIA 120 .970 Buyer C/0 Address 3046 COBBLE WAY MERIDIAN ID 83642 - 6536 Last Change : 93/09/16 By : ASR_PALMER Total Desc. PAR #7680 OF NE4SE4 SEC 13 3N 1W #8957754 u Page 1 03/05/97 12:59:05 3/05/97 12:59:04 Value ACTIVE 20000 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Annexation *NO Notes *NO 20000 Exemption 03N01W137680 3N 1W 13 Hardship 65 0 Property Zoning R1 Flag Address 00000 JOHNSON ID D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Corrected Notice F6=Letters F8=Assoc Address F11=Deed Print Key Output 5763SS1 V3R2M0 960517 S1021486 Display Device . . . . . . AS027ISlSl User . . . . . . . . . . . ASR WENTZ PFMD01 97 MASTER UPDATE Parcel S1213417005 Code Area 03 Type Qty Name CONTRACTORS EQUIP SUPPLY CO 210 3.410 Buyer C/O Address 2049 COMMERCE AVE BOISE ID 83705 - 5316 Last Change : 96/11/21 By : ASR_KINSH Desc. PAR #7005 OF NE4SE4 SEC 13 3N 1W #417002-7200-7220-7240-7400-C #94018931-33-34-35 Total C� Page 1 03/05/97 12:58:51 3/05/97 12:58:49 Value ACTIVE 111400 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code 111400 Grp 999 Typ 999 Ap SW Annexation *NO Notes *NO Exemption M3N1W0137005 3N 1W 13 Hardship 65 0 Property Zoning C -G Flag Address 00095 W WALTMAN LANE MERIDIAN ID 83642-0000 D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F8=Assoc Address F11=Deed Print Key Output Page 1 5763SS1 V3R2M0 960517 S1021486 03/05/97 12:58:31 Display Device . . . . . . AS027ISlS1 User . . . . . . . . . . : ASR WENTZ PFMD01 97 M A S T E R U P D A T E 3/05/97 12:58:29 Parcel R1343510150 Code Area 03 Type Qty Value ACTIVE Name PRINCIPAL MUTUAL LIFE INSUR 210 1.150 350000 420 Buyer 476500 Bank Code C/O Lien Code Address 6003 OVERLAND RD STE L104 Prepaid L.I.D. Bankrupt BOISE ID Sub.Code 83709 - 3074 Last Change : 96/01/29 By : ASR_KINSH Annexation *NO Notes *NO Total 826500 Desc. LOT 1 BLK 4 CENTRAL VALLEY CORPORATE Exemption PARK NO 2 #9172126 Grp 063 Typ 064 Ap SW M24990040010 3N 1E 18 Hardship 65 0 Property Zoning C -G Flag Address 00195 E CENTRAL DR MERIDIAN ID 83642-0000 D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F8=Assoc Address F11=Deed • Print Key Output 5763SS1 V3R2M0 960517 51021486 Display Device . . . . . . AS027ISlSl User . . . . . . . . . . . ASR WENTZ PFMD01 97 MASTER UPDATE Parcel R1343520305 Code Area 03 Type Qty Name BRITTANY ASSOCIATES 210 1.200 420 Buyer C/0 SHARI'S MANAGEMENT COMPANY Address 8205 SW CREEKSIDE PL STE D BEAVERTON OR 97008 - 7112 • Page 1 03/05/97 12:57:54 3/05/97 12:57:52 Value ACTIVE 365900 711300 Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code V4 Annexation *NO Last Change : 97/02/04 By : ASR_KINSH Notes *NO Desc. PAR #0305 OF LOT 4 & Total 1077200 LOT 3 BLK 4 Exemption CENTRAL VALLEY CORP PARK #3 #0350-S 0300-C Grp 063 Typ 072 Ap SW #93101148 M2728004004A 3N 1E 18 Hardship 65 0 Property Zoning C -G Flag Address 00895 S PROGRESS AVE MERIDIAN ID 83643-0000 D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Corrected Notice F6=Letters F8=Assoc Address F11=Deed 0 Print Key Output 5763SS1 V3R2M0 960517 51021486 Display Device . . . . . . AS027ISlS1 User . . . . . . . . . . . ASR WENTZ PFMD01 97 MASTER UPDATE Parcel R1343510176 Code Area 03 Type Qty Name MCDONALD'S CORP 210 .470 420 Buyer C/0 Address 6003 OVERLAND RD STE L104 BOISE ID 83709 - 3074 • Page 1 03/05/97 12:58:17 3/05/97 12:58:15 Value ACTIVE 163800 40400 Bank Code Lien Code Prepaid L..I.D. Bankrupt Sub.Code Annexation *NO Last Change : 96/09/06 By : ASR_KINSH Notes *NO Total 204200 Desc. PAR #0176 OF LT 2 BK 4 RS 2209 CENTRAL VALLEY CORPORATE Exemption PARK NO 2 #0175 S Grp 178 Typ 000 Ap DC #9253293 M2499004002B 3N 1E 18 Hardship 65 0 Property Zoning C -G Flag Address 00195 E CENTRAL DR MERIDIAN ID 83642-0000 D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F8=Assoc Address F11=Deed • 1 I a m � £m£ �ym o b y ymmy?my $mymym ym ym 5........JJ.... ...... ,.J Nb�H^b bb�b 7r mmnnn..nnn�n..nb mnnmmnnnnn .......+.. dJ14� 31�Li11Y Sommm gd 4 5 pamdl' NO�1 s 3 n a d H 0 "*.LIU OHVVDT !x'00 StlFItlN'1'!1 RM sONlWM 1N13tl �r e 1 I a Il -- -` _�1 .0 3AV SS38008d 3 MR ----, 9 Y 9 is E• m � £m£ �ym o b y ymmy?my $mymym ym ym 5........JJ.... ...... ,.J Nb�H^b bb�b 7r mmnnn..nnn�n..nb mnnmmnnnnn .......+.. gd 4 5 Il -- -` _�1 .0 3AV SS38008d 3 MR ----, 9 Y 9 is E• r or N O Z Z O �aQ end ss��oo�d � K7 .SZ'ZL l M „OO.00.ZO S 50 OL'C6 ,96'61, 109'92 l0 _C2 o 0 0 V1 (W N Z Il W W O U Z � .. Q Ix W I 3 / 3 �' Q r 3 I O Z O N 0 No rn d W- o O cly vi co IN M N z Nj e: N O N N 0o N n M • Z aN Z LO co . LC*Ct Z iI� -a 3 „t'O,ZO.IO N ONINV36 30 SISVS 99 ,06 *9s, 3 "OZ,90.00 N 90.97 N 07'37'41" W 3LN MW rn co 3 0 N O w 00 N co N O M S UQNF-mWlx WW0a�(w 0Wi50CLW -w(n �0ir end ss��oo�d � K7 .SZ'ZL l M „OO.00.ZO S 50 OL'C6 ,96'61, 109'92 l0 _C2 o 0 0 V1 (W N Z Il W W O U Z � .. Q Ix W I 3 / 3 �' Q r 3 I O Z O N 0 No rn d W- o O cly vi co IN M N z Nj e: N O N N 0o N n M • Z aN Z LO co . LC*Ct Z iI� -a 3 „t'O,ZO.IO N ONINV36 30 SISVS 99 ,06 *9s, 3 "OZ,90.00 N 90.97 N 07'37'41" W 3LN MW rn co 3 0 N O w 00 N co N O M Print Key Output 5763SS1 V3R2M0 960517 S1021486 Display Device . . . . . . AS027ISlSl User . . . . . . . . . . . ASR WENTZ PFMD01 97 MASTER UPDATE Parcel S1118314907 Code Area 03 Type Qty Value Name R T NAHAS CO AND 21.544 RAFANELLI AND NAHAS Buyer C/O Address 102 S 17TH ST SUITE #300 BOISE ID 83702 - 5177 Last Change : 96/12/18 By : ASR2_ALLEN Total Desc. PAR #4907 OF N2SW4 SEC 18 3N 1E #314905-B Page 1 03/05/97 12:56:1 3/05/97 12:55:56 ACTIVE Bank Code Lien Code Prepaid L.I.D. Bankrupt Sub.Code Annexation *NO Notes *NO Exemption M3N1E0184907 3N 1E 18 Hardship 65 0 Property Zoning C -G Flag Address 00000 E 01ST ST MERIDIAN ID D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrected Notice F6=Letters F8=Assoc Address F11=Deed 40 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 R.T. Nahas Co., for a Conditional Use Permit for land located in the Lot 5, Block 4 of Central Valley Corporate Park No. 3, Boise Meridian, Ada County, Idaho, and which property is generally located South of East Central Dr., East of Kuna-Meridian Road. The Application requests a Conditional Use Permit for Drive -up windows and two buildings on the same lot. 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 s' of March, 1997 WILLIAM G. BERG, JR., tlCLERK PUBLISH March 21 and March 28, 1997. EAST FIRST STREET SOUTH ' Rip' OPIUM HARVEST �4 . jig qq lERmM M 8384am=4 RgVRNGN�+"@N�+ q,14 r mC INOOCM[ IIIIEI818SI118 NO 911/IBG wrwrw� ..........� . ... • .... alb lll�$� 4 a a a ' P.TCO.. P.T.. Na�ns oor maHo T CWP HARVEST �4 lERmM M 8384am=4 INOOCM[ IIIIEI818SI118 NO 911/IBG wrwrw� A Meridian City Council May 20, 1997 Page 31 applicant in writing to staff conditions and response by the applicant to the recently adopted amended findings of fact and conclusions, all those in favor? Opposed? MOTION CARRIED: All Yea Bentley: I move we take a ten minute break. Rountree: Second Morrow. It has been moved and seconded to take a ten minute recess. TEN MINUTE RECESS ITEM #11: REQUEST FOR A CONDITIONAL USE PERMIT FOR TWO BUILDINGS WITH DRIVE UP WINDOWS BY R.T. NAHAS: Morrow. I believe that is you Mr. Knopp. Knopp: My name is Larry Knopp, the project consists of two buildings, two separate buildings on a lot out here at a commercial subdivision off of Meridian Road, 1st Street. What we are proposing are two approximately 4,000 square foot buildings with appropriate parking, landscaping that meets or exceeds the City of Meridian's ordinance. The one building will have an optional or the flexibility of having a drive up window facility located on the east and west ends to get some flexibility for the leasing of this facility. It is not for a restaurant, the facility, the drive up window would be used for a facility similar to an espresso coffee fast service not a restaurant service. The buildings are constructed of stucco, brick, store front, glazing, flat roofs with parapets continuous on all four sides so that there is no visibility of roofs or roof top units and fabric awnings at the windows. Morrow. Questions for Mr. Knopp? Rountree: have you read the findings of fact and conclusions of law as prepared by Planning and Zoning and if you so do you have any items you would like to discuss? Knopp: I have read them and I have no questions or no problems with them. Morrow. Ms. Stiles do you have any questions for Mr. Knopp? What is your desire? Rountree: Mr. President, I would move that the City of Meridian City Council adopts the findings and approves the findings of fact and conclusions of law as prepared by Planning and Zoning. Tolsma: Second Meridian City Council May 20, 1997 Page 32 Morrow. It has been moved by Mr. Rountree, second by Mr. Tolsma that Council hereby adopt the findings of fact and conclusions of law as prepared for us by the P & Z Commission, 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 the Meridian City Council approve the Conditional Use Permit requested by the applicant for the property being described in the application with the conditions set forth in the findings of fact and conclusions of law. Tolsma: Second Morrow. Moved by Mr. Rountree, second by Mr.. Tolsma on the decision and recommendation as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT WITH LIQUOR LICENSE BY ROCKETS INC. (STEVE YOUNGERMAN): Youngerman: I am Steve Youngerman and I operate Harry's Bar and Grill across the street here. (Inaudible) people we started the whole thing on the premise that people don't want to go out to just dinner anymore, they want to go out and be entertained. Theme restaurants are the hottest thing going across the country as Planet Hollywood, Harley Davidson Cafe, Motown Cafe, all those places will attest to that. What we have proposed is a science fiction theme restaurant with props and items from movies and the whole science fiction art form from Flash Gordon and Buck Rogers right up to the new stuff. As part of that we want to have a liquor license which is why we are dointhe conditional use permit. The location is up on the, it would be the NE comer of 1 and Gem and it is the vacant lot between the Godfathers Blimpie building and the Les Schwab building, south side of Gem Street. The development is called the First Meridian Plaza. I have a plan over here, it is approximately 230 seats, 70 in the bar, 160 in the dining room. This would be the south (inaudible) we have raised dining here, raised dining here, raised bar area, banquet area that could not only be used for small banquets but also as overflow dining on busy nights. Full, the style of cuisine is what we call American cuisine, probably if you have been to TGI Fridays that kind of menu, pasta, salads, chicken dishes, small steak, items like that. A place where a family can go and there is a lot of visual stuff for the kids to look at and have a good time with but mom and dad can get the kind of adult beverages that they like to have. It appeals to a wide variety of people, you get a great cross section of people. We think we have a MERIDIAN CITY COUNCIL MEETING: May 20.1997 APPLICANT: R.T. NAHAS ITEM NUMBER; 11 REQUEST:REQUEST FOR A CONDITIONAL USE PERMIT FOR TWO BUILDINGS WITH DRIVE UP WINDOW AGENCY COMMENTS CITY CLERK: MINUTES FROM 4-8-97 P & Z CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: 'REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED COMMENTS SEE ATTACHED COMMS TS �- G ' p r �IT All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zo4b Commission April 8, 1997 Page 15 Johnson: We have a motion and a second to recommend approval of the preliminary plat to the City Council all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Mr. Chairman, point of clarification, is that with conditions of staff with exception of the one item that Gordon talked about on the City Engineer's comments? Oslund: It doesn't appear, not explicitly. Not being one to take back my motions let's see how I can weasel out of this one. It is going to go to Council and it is going to have another public hearing and you will be there and you can tell them your concerns and we are all set. (End of Tape) ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR DRIVE UP WINDOWS, AND 2 BUILDINGS ON THE SAME LOT BY R.T. NAHAS CO.: Johnson: I will now open the public hearing and ask the applicant or the applicant's representative to address the Commission at this time. Larry Knopp, 355 South 3rd Street, Boise, was sworn by the City Attorney. Knopp: We are submitting a conditional use on two buildings and two drive up window facilities on a lot out at Corporate Valley, Central Valley Park. The buildings are approximately 4,000 square feet each. They are retail commercial in nature. The one building the tenant in building A he has one tenant that is florist. Building B that has a drive up facility on it is a coffee drive up, fast food, coffee, espresso. That is why we are asking for the drive up window facility. Located one on each end of the building, we don't know if both of them will be used. The owner wanted the flexibility as far as lease space goes to have the option on drive up window. That is why we are requesting two of them on that one building. Johnson: Anything else or is that it? Knopp: I think that is about it. Johnson: Any questions of the applicant's representative? MacCoy: I do, how about your building elevation construction (inaudible) Knopp: It will be a combination brick and stucco. We will also have some fabric awnings that will be decorated and designed over the window areas. MacCoy: And your roof is? Meridian Planning & 20hg Commission April 8, 1997 Page 16 Knopp: It is a flat roof so it will be a build up system. We have a parapet wall that goes up there that is capped off with a metal capping. So there is no roof that you see on it. We have the parapet that goes completely around both buildings because these buildings are visible from all directions. We have got that up so it is screened and has good visibility or good design on all four sides. MacCoy: Are they being architecturally designed or is that just the contractor doing it, how are you coming up with your design? Knopp: I did the design, we did the design in my architectural firm. MacCoy: If you have attended any of our meetings here, to do with lighting, it is a real concern of ours because we dont want to end up with something which is glaring or not very nice to look at. We don't (inaudible) I worry about cars coming off and being blinded by the glare, what do you plan to do about your exterior lighting? Knopp: The parking lot and the site lighting will be your standard site lighting which is about a 20 foot pole. Some of them will be a single and some of them will be double shoe box (inaudible). So it will be a standard that is within the guidelines of Central Valley Corp. CC&R's. The building itself will have some accent lighting on it that just accent for the building itself. The awnings will have some backlit lighting on it but it is just for the awnings and for the windows itself. That is all. Johnson: Anyone else have any questions? Borup: I have a couple, apparently this lot is a ' re -division of a lot and a half from the original. It appears that the sewer line that there are not two sewer stubs on the property for both buildings, has that been Knopp: That has been questioned, I don't know if it has been clarified but we will have to provide separate sewers for each building. Borup: So that may need to be a new sewer stub out in the main line, if that were (inaudible) Knopp: I don't think so, I think what we can do is probably go with a separate connection and service that convenient to the lot itself, if it is a 6 inch service that is stubbed in out there. That item we.:; will have to address and make sure we will accommodate that. Borup: I would like to clarify that with the engineer Mr. Smith. Smith: I don't know the plumbing code requirements, once it gets to the street it is still the owners sewer service. I don't know if those are 6 inch services or not I don't recall. Meridian Planning & Zo4b Commission April 8, 1997 Page 17 Some of them were 6 inch services into manholes. I can't speak to the plumbing code requirements as to whether that would be acceptable or not. Borup: Whether both buildings could Y into the same stub? Smith: Yes, I don't know. Borup: But you are aware that may be? Knopp: Yes we are Borup: The other question I had it appears you will be constructing a 5 foot sidewalk on East First, that was in the ACHD comments. Knopp: I guess they are going to make us put money in a trust on that. There is no construction at this time but they want it in a trust fund. Borup: So they decided not to do that at this point. Question that led to is there doesn't appear to be an pedestrian access from that sidewalk to the building. Someone coming from there would either need to cut across through your landscaping strip or walk clear around which I doubt is going to happen. Have you given any thought to a small pedestrian access coming from East First? Knopp: I think that this project along with the balance of the projects that are on this development and on First Street would have to address that on an individual basis when and if the sidewalk goes in. There is no sidewalk from the entrance of Central Valley Court back out. ACHD has indicated to me that they will or that the State of Idaho is looking at hanging a pedestrian walk on the overpass at some time in the near future. Which nobody is sure when that will be. So at this point in it is pretty iffy if there will even be one there. I had the same question to Larry Sale at ACHD this is the last lot that is not developed on First Street in this subdivision. Nobody else is required to trust the sidewalks or fund the sidewalks, so we are the first and the last. They are just trying to get the money in place in case. Borup: The other question I had and ACHD comments and concern about traffic on Progress because of the street width. This is probably a minor thing but the other thing it brought to mind was a comment recently and I realize it is a whole different situation, but Fairview Avenue and a cross connection between parking lots. Saying that cross connections between parking lots can decrease the traffic out on the street that they need to turn out on. Was there any consideration of any cross connection on this project? Knopp: We went through that at the tech review meeting with ACHD, they like to address that and like to try and get that done as often as they can. They, we went Meridian Planning & ZoA Commission April 8, 1997 Page 18 through it and they decided that was not feasible on this project since the other properties were already developed. Borup: Was it because of the drainage there? Knopp: No, I don't think it was a drainage per say, I think it was a combination of sites already being developed, parking lot egress, ingress already established. The fact that they didn't, it didn't seem to them to impact one way or another if it was going to be, if it joined egress, ingress with the neighbors would function that way. Borup: I meant cross connection between the parking lots is what I was referring to. Knopp: They didn't address cross connection at all, it was just ingress, egress. Borup: That just looked like, it looked like they were concerned about future traffic on there and really that would be more concern for the developer because his future projects in there are going to be impacted if traffic is too heavy. That may be a minor correction or a minor (inaudible). Knopp: I think what you also received was a out a revised copy of what we had discussed meeting. There were a bunch of items on appropriate anymore. Johnson: Any other comments or questions? draft copy from ACRD, they did not send and what we had agreed on at the tech that list that ACHD put out that is not MacCoy: If Keith is finished, I have one other one. You have met with Shari Stiles? Knopp: Yes I have MacCoy: High visibility area and landscaping is a real key to this thing. What you have shown here is on your plan is acceptable (inaudible) plan to resubmit something? Knopp: She indicated to me that it was very acceptable with her. I had a very detailed landscape plan done by a landscape architect to accommodate the landscaping on this project. Johnson: Do you have a comment counselor? Fitzgerald: Yes, one question, in reviewing the application, there is a letter from Arthur F. Pocock, do you know who is that? Knopp: I don't know. Meridian Planning & Zoeb Commission April 8, 1997 Page 19 Johnson: Thank you, this is a public hearing, is there anyone else that would like to talk to the Commission about this? Any further discussion? I will close the public hearing at this time. This is a conditional use permit it requires findings of fact. Oslund: Mr. Chairman, I move that we direct the City Attorney to prepare findings of fact for this application. MacCoy: Second Johnson: It is moved and seconded that we have the. City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT AND BAR WITH LIQUOR LICENSE BY ROCKETS INC. (STEVE YOUNGERMAN): Johnson: At this time I will open the public hearing and ask Mr. Youngerman to address the Commission. Steve Youngerman, 5451 South Caper Place, Boise, was sworn by the City Attorney. Youngerman: We are going to have, it is going to be a 6,000 square foot building, 230 seats, 160 in the dining room, 70 in the bar. The dining area will be non-smoking, the bar will be the smoking area. American cuisine, science fiction theme, lunch and dinner not breakfast. Johnson: Any questions of Mr. Youngerman from the Commissioners? Borup: I assume you have read all of the staff comments and no questions (inaudible) I do have a couple on the ACHD comments. One was comment E talking about the irrigation ditch. They were concerned about it being on the right of way. Youngerman: It has all been settled. Borup: Okay because it looked to me like (inaudible) Youngerman: There was a question between where Gem Street is supposed to be. That has all been settled and there has been an agreement signed between the developer and ACRD. We are going to and if you notice there were comments from Nampa Meridian Irrigation District. Right now the developer is entering into an agreement with them to tile the ditch in the fall when there is no water in it. That is what the plat shows, but if you read the comments the comments of the irrigation district it almost acts like they haven't heard about it. OFFICIALS . 0 HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN RONALD R. TOLSMA C HARLES M. EE BRUCE D. STUART, Water Works Supt. GLENN R. BENTLEY JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief W.L. "BILL", Police Chief Public Works/Building Department (208) 887-2211 TIM HEPPER WAYNE G. CROOKSROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor MEMORANDUM: April 3, 1997 To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer Re; Conditional Use Permit Request for 2 drive -up Windows and 2 Buildings on same lot. by R.T. Nahas Co. I have reviewed this submittal and fifer 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. The proposed buildings are situated on adjusted Lot 5, Block 4 of Central Valley Corporate Park No. 3 (see attached mapping). Sanitary sewer and water services were installed in early 1993 into the original lot configuration. Late in 1993, Roylance & Associates prepared a Lot Line Adjustment Record of Survey affecting Lots 3, 4 and 5, Block 4 (see attached mapping). The purpose of this survey was to enlarge Lot 3 for the than proposed Shari's Restaurant. As a result of this survey Lot 5 was also enlarged. The only sanitary sewer and water services that are available to this adjusted lot are the single services that were installed near the southeast corner of the original Lot 5. The Uniform Plumbing Code requires that separate buildings shall be served by separate sanitary sewer and water service lines. The single services could possibly be modified into double services. Assessment fees would be determined during plan review process. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 2. Coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on development plans. 3. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. Mayor, Council and P&Z April 4, 1997 Page 2 4. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs will not be permitted. All signs are subject to review and approval of the Planning & Zoning Department. 5. 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. 6. All landscaping is to meet the requirements of Ordinance Section 11-2-414.D.2. RECOR OF SURVENO for R.T. NAHAS COMPANY LOTS 3. 4, AND 5 BLOCK 4 CENTRAL VALLEY CORPORATE PARK NO 3 BOOK 61 OF PLATS PAGES 6050 AND 6051 RECORDS OF ADA COUNTY IDAHO SITUATED IN THE NW 1/4 OF THE SW 1/4 SECTION 18 T3N RIE BM ADA COUNTY IDAHO N CORNER V 1/4 :CTION 18 '&F No.7640699 o) N O Y1 to N DILTA 02'37'58" 16'16'26" 04'26'52" 12'17'33" 18'54'23" c� z X w <. La � m 0 00 N O N Z Q m IRNER �N 18 No.8946891 N 89'42'17" E 148.54' FOUND IRON PIPE POINT OF BEGINNING CENTRAL VALLEY CORPORATE PARK NO. 2 �I 0 C E N T R A L V A L L E Y C O R P O R A T E P A R K Flu N 0. 2 �FOUND IRON PIPE POINT OF BEGINNING CENTRAL VALLEY CORPORATE PARK NO. 3 U n N N it \ S \ 6g 600. ?96 14, f 25.00' \ 5.00' 3 L10.00' 1.201 ACRES vi D) N N 7gb0'00" w cli I_297.27' n I4 I N 8324'16' W I a 2as.s4• '* EASEMENT RIGHTS REUNQUISHED INSTRUMENT NUMBERS (SEE NOTE 1) c0D N N 87'45'00' W �— 296.60 — v 1.17f ACRES I � IN S I 5.00' LI _ S 83'22'0l ,)0" 1►1 — 1 - — RO' 3 0 0 N 0 50 25 n O 0 • 5 30' I W Q 1 RELINQUISF AS INSTRL AND 0939 IL ir 0 0 CER1 ir I. DAVID H. I d REGISTERED STATE OF ID FROM AN AC SUPERVISION REPRESENTA AVI H. RO 30' ROYLANCE Enginee 4F1c .y10S nN I =C4,z C4 z to Nddd ri §rim "1 N � a 175 N • m N �� p FZ .— UO W "SIu * Zm 'Sail g I W WS to; 30 N 1pr� N g t; V fr O P� N 1 J � � iii i > Tn' > �`�.-IS • , b£ Li a W + Y ., iEO >> Mf co 10 V gw O �y> z Pp C50 o n N < 'm 4._ � IA gill N 7T q- — — \ ' N gl {. t• xis:!*' ..ti n \ ..' d +dd a y m�M o N Nig 1_rmR rorty ID mm^40 iN 14 I S BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION R.T. NAHAS CO. CONDITIONAL USE PERMIT FOR TWO BUILDINGS WITH DRIVE -UP WINDOWS LOT 5, CENTRAL VALLEY CORPORATE PARK NO. 3 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, a representative of the Applicant, Larry Knopp, hereinafter referred to as the "Representative," appearing in person, 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. R.T. NAHAS CO. 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 north of Interstate 84 bordering East 1st Street (Meridian-Kuna Road). 3. The Applicant is the owner of record of the property. Submitted with the application for a conditional use permit is a letter from Arthur F. Pocock authorizing Robert W. Nahas or his representative to apply for a conditional use permit for two drive through windows for one of the proposed buildings. Pursuant to this letter, Mr. Pocock further agrees to pay any additional sewer, water, trash fees or other charges associated with the proposed use. This letter from Mr. Pocock is incorporated herein as if set forth in full. 4. Pursuant to the application, the property is vacant and not in use. The proposed conditional use of the property is for two buildings for retail and commercial use. 5. The Representative testified substantially as follows. The application for a conditional use permit is for two buildings and two drive up window facilities on the property. The two buildings are respectively 4,000 square feet in size. The nature of the use of the two buildings will be retail/commercial. The tenant of the first building (Building A) will be a florist. The tenant of the second building (Building B) will be a fast food, coffee/espresso restaurant, which necessitates the need for drive - FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. R.T. NAHAS CO. up windows. The drive -up windows will be located at each end of the building; however, the Representative testified that he does not know whether both of the drive -up windows will be used by the tenant. Because the Applicant wants flexibility with regard to lease space and the option of drive -up windows, the Applicant is requesting two drive -up windows on the second building (Building B). 6. In response to questions of Commissioner MacCoy, the Representative testified substantially as follows. The construction of the buildings will consist of a combination of brick and stucco. There will be decorated and designed fabric awnings over the window areas of the buildings. The roofs will be flat with a build up system. There will be a parapet wall capped off with a metal capping around all sides of the buildings, which will result in the inability to see the roof of each building. The screening of the roof provides a good design for all four sides of the buildings. 7. In response to questions of Commissioner MacCoy, the Representative testified substantially as follows. The Representative's architectural firm designed the buildings. The parking lot and site lighting will be standard site lighting which amounts to lights mounted on poles 20 feet in height. The light poles will be a mix of single and double shoe box. The lighting of the site will be in accordance with the guidelines of the covenants, conditions and restrictions of the Central Valley Corporate Park. The buildings will have some accent lighting on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. R.T. NAHAS CO. them to accent the buildings. The awnings will have some backlit lighting just for the awnings and window areas. 8. In response to questions of Commissioner Borup, the Representative testified substantially as follows. The Applicant will provide separate sewers for each- building on the property. The Representative does not believe a new sewer stub will be required to provide separate sewers to each building. He believes that a separate connection and service can be provided through one service line if the size of the service line is six inches; however, he will work to accommodate and resolve such issue. 9. In response to a request for clarification by Commissioner Borup, City Engineer Gary Smith stated substantially as follows. He does not know the plumbing code requirements. He does not know or cannot recall whether the service lines are six inches. Some of the service lines are six inches into manholes. However, he cannot speak to the requirements of the plumbing code. Specifically, he does not know whether both buildings on the property could be connected into one sewer service line. 10. In response to the questions of and the request for clarification by Commissioner Borup, the Represenative substantially testified that the Applicant is aware of the potential problem with regard to the connection of the buildings to one sewer stub. 11. In response to further questions of Commissioner Borup, the Represenative testified substantially as follows. The Ada County Highway District is making the Applicant deposit funds into FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. R.T. NAHAS CO. the trust account for the construction of a five feet sidewalk along East 1st Street. The five feet sidewalk along East 1st Street will not be presently constructed. Commissioner Borup commented that there does not appear to be pedestrian access to the buildings from the sidewalk to be constructed along East 1st Street. The pedestrians would have to walk through the landscaping of the property or around the property. In response, the Representative testified that pedestrian access to the property from the sidewalks to be constructed on East 1st Street need to be addressed on a case by case basis when the sidewalks are constructed. There exist no sidewalks from the entrance of Central Valley Corporate Park to the south. Ada County Highway District has indicated to the Representative that it will or the state of Idaho is considering construction of a pedestrian walk at the Interstate 84/East 1st Street (Meridian-Kuna Road) overpass some time in the near future; however, it is questionable whether this pedestrian walk will be constructed. The property is the final lot along East 1st Street to be developed. Funds were not required to be deposited into the trust account when the other lots in Central Valley Corporate Park No. 3 along East 1st were developed; this property is the first and the last which is required to deposit funds for the sidewalks into the trust account. Ada County Highway District is attempting to place money in the trust account just in case of the construction of the sidewalk. 12. In response to further questions of Commissioner Borup, the Represenative testified substantially as follows. At the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page S. R.T. NAHAS CO. • 0 technical review meeting with Ada County Highway District, the issue of cross connection. to adjacent lots was not specifically discussed. The issue of access (ingress and egress) to the property was discussed. Ada County Highway District decided that alteration of the means of ingress and egress to the property was not feasible because the other lots had already been developed. Their conclusion was not based upon drainage per se. Rather, the Representative thought the decision was based upon the adjacent lots having already been developed with parking lot ingress and egress already established. The Representative further commented that the comments from Ada County Highway District were draft comments, some of which are no longer appropriate based upon what the Applicant and the District agreed to at their meeting. 13. In response to further questions of Commissioner MacCoy, the Represenative testified substantially as follows. The Representative has met with Shari Stiles, Planning and Zoning Administrator. Ms. Stiles indicated to him that the proposed landscaping was acceptable to her. He has hada very detailed landscape plan completed by a landscape architect to accommodate the landscaping requirements on the proposed project. 14. With reference to the letter of Arthur F. Pocock, the Representative testified that he does not know who this person is. 15. "Drive -In Establishment" is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as, "An establishment (other than a service station or truck stop) which is designed to accommodate the motor vehicles and patrons in such FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. R.T. NAHAS CO. 0 manner as to permit the occupants of such vehicles, while remaining therein, to make a purchase or to receive services." 16. The property is currently zoned (C -G) General Retail and Service Commercial. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Commercial, although restaurants and retail stores are permitted uses on property zoned (C -G) General Retail and Service Commercial, Drive -In Establishments are listed as a conditional use on property in the C -G district. Therefore, in the C -G district a conditional use permit for the operation of a Drive -In Establishment or to have drive -up windows is required. 17. The (C -G) General Retail and Service Commercial district is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: it -mai ueneral xeta.it and Service Commercial: The purpose of the (C -G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highways or arterial streets; to fulfill the need of travel -related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 18. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 19. Although restaurants and retail stores are permitted uses on property zoned (C -G) General Retail and Service Commercial, the Applicant's proposed use incorporating drive -up windows is a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. R.T. NAHAS CO. specifically allowed conditional use in the Zoning Schedule of Use Control, 11-2-409 B. 20. The Ada County Highway District submitted comments and may in the future submit further comments on the subject application, which comments are incorporated herein as if set forth in full, and the comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. 21. Bruce Freckleton, Assistant to the City Engineer, submitted comments and mappings which comments and mappings are incorporated herein as if set forth in full. His comments included the following: a. The proposed buildings are situated on adjusted Lot 5, Block 4 of Central Valley Corporate Park No. 3. Sanitary sewer and water services were installed in early 1993 into the original lot configuration. Late in 1993, Roylance & Associates prepared a Lot Line Adjustment Record of Survey affecting Lots 3, 4 and 5, Block 4. The purpose of this; survey was to enlarge Lot.3 for the then proposed Shari's Restaurant. As a result of the survey, Lot 5 was also enlarged. The Uniform Plumbing Code requires that separate buildings shall be served by separate sanitary sewer and water service lines. The single services could possibly be modified into double services. Assessment fees would be determined during the plan review process. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian; b. The Applicant is to coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent's and Meridian Fire Department's policies; C. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; d. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. R.T. NAHAS CO. 0 • will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department; 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 locate dumpsters so as not to impede fire access; and f. All landscaping is to meet the requirements of Ordinance Section 11-2-414 D 2. 22. Shari Stiles, Planning and Zoning Administrator, has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 23. The Meridian City Police Department submitted comments, which comments are incorporated herein as if set forth in full. 24. The Meridian Fire Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that all codes will have to be met. 25. The Meridian Sewer Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that if the development of the property includes restaurants, each restaurant will be required to have a 1,000 gallon or more grease interceptor. A final determination of such requirement will be on schematic internal plumbing plans. 26. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that runoff is not to create a mosquito FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. R.T. NAHAS CO. 0 • breeding problem; and that it recommends stormwater run-off flow into a grassy swale before discharging to the subsurface. 27. The 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; 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 within the Nampa & Meridian Irrigation District. 28. There were no other comments by the public regarding this application. 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 Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. R.T. NAHAS CO. 3. The City of Meridian has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 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 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 Planning and Zoning Commission judges this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. R.T. NAHAS CO. 7. Section 11-2-418 C of the Zoning And Development Ordinance 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, 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. Although restaurants and retail stores are permitted uses on property zoned ( C -G ) General Retail and Service Commercial, the use incorporating drive -up windows would, in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; C. The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with the use 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 use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; however, traffic may increase, but the development will have vehicular approaches to the property which shall be designed to decrease interference with traffic on surrounding public streets; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional.fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. R.T. NAHAS CO. g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The Applicant will cause the property to have a vehicular approach which shall be designed as not to create an interference with traffic on surrounding public streets, and 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 following conditions of granting the conditional use be required, to -wit: 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 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 and other conditional use applications; C. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Police Department, Meridian Fire Department, Meridian Sewer Department, Central District Health Department, and the Nampa & Meridian Irrigation District, which include, but are not limited to the following: 1. Pursuant to the Uniform Plumbing Code the two buildings shall be served by separate sanitary sewer and water service lines, unless other acceptable modifications, as determined by the City of Meridian, are made to the single service lines to change it into double service lines. Assessment fees would be determined during the plan review process; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. R.T. NAHAS CO. 2. The Applicant shall enter into an Assessment Agreement with the City of Meridian; 3. The Applicant shall coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent's and Meridian Fire Department's policies; 4. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; 5. All signs shall meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs shall not be permitted. All signs shall be subject to review and approval of the Planning and Zoning Department; 6. Screened trash enclosures shall be provided in accordance with City Ordinance. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor and locate dumpsters so as not to impede fire access; 7. All landscaping shall meet the requirements of Ordinance Section 11-2-414 D 2; 8. Each restaurant shall be required to have a grease interceptor with a minimum capacity of 1,000 gallons, the acceptable capacity subject to review and approval by the City of Meridian; 9. Runoff shall not create a mosquito breeding problem; 10. Stormwater run-off shall flow into a grassy swale before discharging to the subsurface; 11. The Applicant shall file with the Nampa & Meridian Irrigation District a Land Use Change/Site Development application for its review prior to final platting; 12. All laterals and waste ways shall be protected; 13. All. municipal surface drainage shall be retained on °site, and if any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review the drainage plans; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. R.T. NAHAS CO. 0 • 14. The Applicant shall comply with Idaho Code Section 31-3805; and 15. Irrigation water shall be made available to this development. d. The Applicant shall meet the requirements of the Ada County Highway District, including any comments or requirements hereafter submitted. 9. The above -conditions are concluded to be reasonable and the Applicant shall meet these conditions. 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. ROLL CALL COMMISSIONER BORUP COMMISSIONER SMITH COMMISSIONER MACCOY COMMISSIONER MANNING CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. R.T. NAHAS CO. 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. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. R.T. NAHAS CO. 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 0 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 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 Drive -up windows and 2 buildings on same lot BY: R.T. Nahas Co. LOCATION OF PROPERTY OR PROJECT: Lot 5, Central Valley Corp. Park No. 3 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. 8r FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GA LIM. & FINAL PLAT) BUREAU OF RE (PRELIM. & FINAL PLAT) CITY FILES ? OTHER: ✓" j�) YOUR CONCISE REMARKS: WILLIAM G. BERG, JR., City Clerk JANICE is. 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 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 Drive -up windows and 2 buildings on same lot BY: R.T. Nahas Co. LOCATION OF PROPERTY OR PROJECT: Lot 5. Central Valley Corp. Park No. 3 JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z GREG OSLUND, P/Z 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 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 FILESS— OTHER: J YOUR CONCISE REMARKS: 74 LL of Es IJLi.L n�J'a f� CITY PLANNERMAK R CITY d;` 11 SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary TO: R T Nahas, Company 102 S 17th Street Boise ID 83702 FROM: Karen Gallagher, Development Ser SUBJECT: MCU -10-97 Progress Ave s/o l,emrai lir 8 uildings April 10, 1997 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on April 9, 1997. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi City of Meridian Larry R Knopp ada county highway district 318 East 37th 9 Boise, Idaho 83714-6499 • Phone (208) 345-7680 MCU -10-97 ADA�OUNTY HIGHWAY DI9RICT Planning and Development Division Development Application Report Progress Ave s/o Central Dr Restaurant/retail buildings The applicant is requesting conditional use approval to construct two buildings on the same parcel. One of the buildings has a drive-thru window. The 1.17 -acre site is located on the west side of Progress Avenue east of E. 1st Street, approximately 375 -feet south of East Central Drive, Lot 5, Block 4, of Central Valley Corporation Park No. 3. This development is estimated to generate 1,465 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Progress Avenue East First Street ACHD Commission Date - April 9, 1997 - 7:00 p.m. INN WATERTOWER LN. U i 1 30 PARK SUB. H NOR ARK SU . NO.2 O 3 4 5 6 7 . 2.a CEN iRAII �30-) VA LEY ''0 '0 PORA E PAW NO . a L 3 a 5 6 8 9 -9= (2) E. -ORPORATE OR r r R = to ti CIMMAW VALLEY VAL1-E G. CORP. PARKN0.= = t CORP IOyy 17 a ( O 11 3 p K °�`� CEN AL QD 13 a i/ , 14P RK1s ;z W E. CEN1 RAL O! ' CENTRAL VALLEY C.V.C, . CORS PARK sr NO.4 N �% Illor i D 0 N#4/ !rT%*f M&P iu INTERCHANGE .i' $4" INTER ATE RT op.. ADA PLAjqM,NQ T1s � hARrN. U 51997 `Sti � t 9 a 3AV 553tl�Y ales 9 HOGS 133HIS 1Sbi3 1SV3 1 i �ti rtt � ��er�ir�oo-i ~ �n tNs R m � j9ll"OwalS3AdVH S7wswm�V1v1 1..�.�. OFIY� '07 YFMI 1'tl J MALAIN a 3AV 553tl�Y ales 9 HOGS 133HIS 1Sbi3 1SV3 1 i �ti Facts and Findings: A. General Information Owner - R. T. Nahas Co. Applicant - Larry Knopp C -G - Existing zoning 1.17 - Acres 8,060 - Total square feet of proposed building 281 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Progress Avenue Local street with no pathway designation No traffic count available 136 -feet of frontage 60 -feet existing right-of-way (30 -feet from centerline) No additional required right-of-way Progress Avenue is improved with a 41 -foot street section with curb, gutter and sidewalk abutting the parcel. There is no sidewalk across from this parcel. East First Street Minor arterial with bike route designation Traffic count 18,387 on 6/27/96 (n/o Gem Street) 200 -feet of frontage 120 to 140 -feet existing right-of-way (60 to 70 -feet from centerline) Comply with ITD for their right-of-way requirements East First Street is improved with a 5 -lane street section with curb and gutter but no sidewalk abutting the site. B. 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 numbers) for details. C. The Commission previously reviewed this site on October 4, 1995 (MCU -17-95) for a conditional use approval to construct a restaurant with a drive-thru window. The current application is requesting approval of a restaurant with a drive-thru window plus a retail building on the same site. D. The site is currently undeveloped. MCU 1097.COM Page 2 V, E. The applicant is proposing to construct a curb cut driveway on Progress Avenue, located approximately 22 -feet south of the north property line. However, there are two existing driveways, one located approximately 80 -feet north of the applicant's proposed drivf yay the other driveway is located approximately 90 -feet south of the applicant's proposed & !eway. District policy requires 125 -feet of separation between driveways on Progress Aver a (based on a 30 mph speed limit). The applicant's proposed driveway does not meet Distr .:t policy. The applicant has insufficient frontage to locate a driveway on Progress Avenue that will comply with District policy. Staff recommends a variance for the driveway located 22 -feet south of the north property line, provided the applicant constructs it as a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii. F. There is an existing curb cut driveway on Progress Avenue, located 54 -feet south of the north property line, that is not proposed to be used to access the site. The applicant should be required to replace the unused curb cut on Progress Avenue with standard curb, gutter and 5 -foot wide concrete sidewalk to match existing improvements. G. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveway its full required width of 24 to 30 -feet to at least 30 -feet beyond the edge of pavement of Progress Avenue. H. District policy requires the applicant to provide a $1,700.00 deposit to the Public Rights -of - Way Trust Fund for the cost of constructing a 5 -foot wide concrete sidewalk on E. 1st Street abutting the parcel (approximately 200 -feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. I. The applicant is not proposing any direct lot access to E. 1st Street and none should be approved. J. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative transportation and other trip reduction measures (shuttle buses, bus pass programs, vanpools, carpools, bicycle and walking enhancements). An annual survey will be required of the TMA/TMO to monitor participation in alternative transportation programs and forwarded to the ACHD Ridesharing Office. MCU1097.COM Page 3 K. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. L. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Special Request of the Applicant: 1. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) are requested to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. Site Specific Requirements: 1. Provide a $1,700.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5 -foot wide concrete sidewalk on E. 1st Street abutting the parcel (approximately 200 -feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 2. Construct a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii on Progress Avenue, located as proposed 22 -feet south of the north property line. 3. Pave the driveway its full required width of 24 to 30 -feet to at least 30 -feet beyond the edge of pavement of Progress Avenue. 4. The applicant has not proposed any direct lot access to E. 1st Street and none are approved with this application. 5. Other than the access point specifically approved with this application, direct lot or parcel access to Progress Avenue is restricted. 6. 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. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Development Services Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or ineauity, The written MCU 1097.COM Page 4 request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commiss action do not provide sufficient time for District staff to remove the item from the cc: ;ent agenda and report to the Commission regarding the requested modification, variance >r waiver. Those items will be acted on by the Commission unless removed from the .genda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include P, minimum fee of $110.00. The request for reconsideration shall snecificall, identify e& -equirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its 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 Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, 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. 1` 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. 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. 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. 8. 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 MCU 1097.COM Page 5 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. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. MCU 1097.COM Page 6 CIF ENTRAL C DISTRICT HEALTH DEPARTMENT Rezone # DISTRICT HEALTH DEPARTMENT Environmental Health Division RECEIIVk!to: n Boise MAK 2 Eagle ��, „�� ___ ❑ Garden city Conditional Use # �(/E UI`v YV; JDoy'45 ��t//G���✓GS Preliminary / Final / Short Plat X- %- d'o Z --P7— -::5— tl/cE�— tj ❑ I . We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. 4-3 ❑ Kuna ❑ ACz ❑ 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: ❑ 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 ❑ beverage establishment ❑ grocery store ,K 15. W& R a coomm E N -0 - A cox— 'rno x M WNTEM r -u n► -o F Ic MOW Date: c3 1 -,?-,41 NTO rtS wi — EFo12E �lS •(A) 4 Reviewed By: (DHD 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. gq 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ,�. central sewage ❑ community sewage system ❑ community water well ❑ interim sewage -E5- 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. %eetRunoff is not to create a mosquito breeding problem. ❑ II. 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 ❑ beverage establishment ❑ grocery store ,K 15. W& R a coomm E N -0 - A cox— 'rno x M WNTEM r -u n► -o F Ic MOW Date: c3 1 -,?-,41 NTO rtS wi — EFo12E �lS •(A) 4 Reviewed By: (DHD 10/91 rcb. rev. 1/9s Review Sheet 0 0 26 March 1997 City of Meridian 33 East Idaho Meridian, ID 83642 RECIEWED APR 0 3 NP Cn ()r )4ER10#4A 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE: Conditional Use Permit - R. T. Nahas Co. Lot 5, Central Valley Corporate Park No. 3 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. AY 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 NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln PC: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1 April 1997 Larry Knopp, Architect 355 South Third Street Boise, ID 83702 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 Retail, Commercial (CVCP #3) Dear Mr. Knopp: 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 R. T. Nahas Company City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 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) Sb7-221( Motor Vehicle/Drivers License (208) 8884443 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 Drive -up windows and 2 buildings on same lot BY: R.T. Nahas Co. LOCATION OF PROPERTY OR PROJECT: Lot 5. Central Valley Corp. Park No. 3 JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, PR 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 7 CITY OF MERIDIAN 0 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 day of % 1 g , . 9 COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED-�6 FINDINGS OF FACT AND VOTED VOTED VOTED rfl- VOTED'ZI-9- VOTED DISAPPROVED E. / � • Meridian Planning & Z099 Commission May 13, 1997 Page 2 Johnson: You have read these minutes are there, is there any discussion at all regarding the preparation or the wordings in the findings of fact and conclusions of law? I will entertain a motion for approval of those findings of fact and conclusions of law. Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Johnson: Motion and a second to approve the findings of fact as prepared for the Meridian City area of impact, roll call vote. ROLL CALL VOTE: Borup — Yea, Smith — Yea, MacCoy — Yea, Manning — Yea MOTION CARRIED: All Yea Johnson: Is there a recommendation you wish to pass onto City Council? Borup: Mr. Chairman I move the Meridian Planning and Zoning Commission hereby recommends to the City Council that the Planning and Zoning Commission proposed amendments to the Meridian Comprehensive Plan be approved and adopted. MacCoy: Second Johnson: Motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT OR TWO BUILDINGS WITH DRIVE UP WINDOWS BY R.T. NAHAS: Johnson: Any discussion regarding the findings of fact as prepared by the City Attorney? Smith: Mr. Chairman, I would like to move that we approve the findings of fact and conditions of law on this agenda item. MacCoy: Second Johnson: Motion and a second to approve the findings of fact and conclusions of law for R.T. Nahas, roll call vote. ROLL CALL VOTE: Borup — Yea, Smith — Yea, MacCoy — Yea, Manning — Yea Meridian Planning & Zoeg Commission May 13, 1997 Page 3 MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? MacCoy: Mr. Chairman, the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian they approve the conditional use permit requested by the applicant for the property described in this 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, the uniform fire code parking, paving, landscape requirements and all other ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Corrie: Motion and second to send the recommendation on to the City Council as stated by Commissioner MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT WITH LIQUOR LICENSE BY ROCKETS INC. (STEVE YOUNGERMAN): Johnson: Any discussion regarding the document as prepared by the City Attorney? MacCoy: 1 had a question about the pedestrian bridge. Johnson: What page are you referring to? MacCoy: It appears on page 10 and during the discussion last time it was discussed and then I didn't hear the final Johnson: Do you recall the discussion counsel? Borup: I was thinking the bridge came up in 1995 at a previous application. I don't believe (inaudible) MacCoy: It did come up before and then it was again spoken to again this last time that 1 don't know if somebody asked him a question or if it was just offered out there the pedestrian bridge. Johnson: Did you locate the discussion in the minutes that we just approved? MERIDIAN PLANNING & ZONING COMMISSION MEETING: May 13.1997 APPLICANT: R.T. NAHAS AGENDA ITEM NUMBER:_ t� REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR TWO BUILDINGS WITH DRIVE UP WINDOWS 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 �YDJf, All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning& Z� g Commission April 8, 1997 Page 15 Johnson: We have a motion and a second to recommend approval of the preliminary plat to the City Council all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Mr. Chairman, point of clarification, is that with conditions of staff with exception of the one item that Gordon talked about on the City Engineer's comments? Oslund: It doesn't appear, not explicitly. Not being one to take back my motions let's see how I can weasel out of this one. It is going to go to Council and it is going to have another public hearing and you will be there and you can tell them your concerns and we are all set. (End of Tape) ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR DRIVE UP WINDOWS, AND 2 BUILDINGS ON THE SAME LOT BY R.T. NAHAS CO.: Johnson: I will now open the public hearing and ask the applicant or the applicant's representative to address the Commission at this time. Larry Knopp, 355 South 3`d Street, Boise, was sworn by the City Attorney. Knopp: We are submitting a conditional use on two buildings and two drive up window facilities on a lot out at Corporate Valley, Central Valley Park. The buildings are approximately 4,000 square feet each. They are retail commercial in nature. The one building the tenant in building A he has one tenant that is florist. Building B that has a drive up facility on it is a coffee drive up, fast food, coffee, espresso. That is why we are asking for the drive up window facility. Located one on each end of the building, we don't know if both of them will be used. The owner wanted the flexibility as far as lease space goes to have the option on drive up window. That is why we are requesting two of them on that one building. Johnson: Anything else or is that it? Knopp: I think that is about it. Johnson: Any questions of the applicant's representative? MacCoy: I do, how about your building elevation construction (inaudible) Knopp: It will be a combination brick and stucco. We will also have some fabric awnings that will be decorated and designed over the window areas. MacCoy: And your roof is? Meridian Planning & zoning Commission • April 8, 1997 Page 16 Knopp: It is a flat roof so it will be a build up .system. We have a parapet wall that goes up there that is capped off with a metal capping. So there is no roof that you see on it. We have the parapet that goes completely around both buildings because these buildings are visible from all directions. We have got that up so it is screened and has good visibility or good design on all four sides. MacCoy: Are they being architecturally designed or is that just the contractor doing it, how are you coming up with your design? Knopp: I did the design, we did the design in my architectural firm. MacCoy: If you have attended any of our meetings here, to do with lighting, it is a real concern of ours because we don't want to end up with something which is glaring or not very nice to look at. We don't (inaudible) I worry about cars coming off and being blinded by the glare, what do you plan to do about your exterior lighting? Knopp: The parking lot and the site lighting will be your standard site lighting which is about a 20 foot pole. Some of them will be a single and some of them will be double shoe box (inaudible). So it will be a standard that is within the guidelines of Central Valley Corp. CC&R's. The building itself will have some accent lighting on it that just accent for the building itself. The awnings will have some backlit lighting on it but it is just for the awnings and for the windows itself. That is all. Johnson: Anyone else have any questions? Borup: I have a couple, apparently this lot is a re -division of a lot and a half from the original. It appears that the sewer line that there are not two sewer stubs on the property for both buildings, has that been Knopp: That has been questioned, I don't know if it has been clarified but we will have to provide separate sewers for each building. Borup: So that may need to be a new sewer stub out in the main line, if that were (inaudible) Knopp: I don't think so, I think what we can do is probably go with a separate connection and service that convenient to the lot itself, if it is a 6 inch service that is stubbed in out there. That item we will have to address and make sure we will accommodate that. Borup: I would like to clarify that with the engineer Mr. Smith. Smith: I don't know the plumbing code requirements, once it gets to the street it is still the owners sewer service. I don't know if those are 6 inch services or not I don't recall. Meridian Planning & Zoning Commission April 8, 1997 Page 17 Some of them were 6 inch services into manholes. I can't speak to the plumbing code requirements as to whether that would be acceptable or not. Borup: Whether both buildings could Y into the same stub? Smith: Yes, I don't know. Borup: But you are aware that may be? Knopp: Yes we are Borup: The other question I had it appears you will be constructing a 5 foot sidewalk on East First, that was in the ACHD comments. Knopp: I guess they are going to make us put money in a trust on that. There is no construction at this time but they want it in a trust fund. Borup: So they decided not to do that at this point. Question that led to is there doesn't appear to be an pedestrian access from that sidewalk to the building. Someone coming from there would either need to cut across through your landscaping strip or walk clear around which I doubt is going to happen. Have you given any thought to a small pedestrian access coming from East First? Knopp: I think that this project along with the balance of the projects that are on this development and on First Street would have to address that on an individual basis when and if the sidewalk goes in. There is no sidewalk from the entrance of Central Valley Court back out. ACHD has indicated to me that they will or that the State of Idaho is looking at hanging a pedestrian walk on the overpass at some time in the near future. Which nobody is sure when that will be. So at this point in it is pretty iffy if there will even be one there. I had the same question to Larry Sale at ACHD this is the last lot that is not developed on First Street in this subdivision. Nobody else is required to trust the sidewalks or fund the sidewalks, so we are the first and the last. They are just trying to get the money in place in case. Borup: The other question I had and ACHD comments and concern about traffic on Progress because of the street width. This is probably a minor thing but the other thing it brought to mind was a comment recently and I realize it is a whole different situation, but Fairview Avenue and a cross connection between parking lots. Saying that cross connections between parking lots can decrease the traffic out on the street that they need to turn out on. Was there any consideration of any cross connection on this project? Knopp: We went through that at the tech review meeting with ACHD, they like to address that and like to try and get that done as often as they can. They, we went Meridian Planning & Zoning Commission April 8, 1997 Page 18 through it and they decided that was not feasible on this project since the other properties were already developed. Borup: Was it because of the drainage there? Knopp: No, I don't think it was a drainage per say, I think it was a combination of sites already being developed, parking lot egress, ingress already established. The fact that they didn't, it didn't seem to them to impact one way or another if it was going to be, if it joined egress, ingress with the neighbors would function that way. Borup: I meant cross connection between the parking lots is what I was referring to. Knopp: They didn't address cross connection at all, it was just ingress, egress. Borup: That just looked like, it looked like they were concerned about future traffic on there and really that would be more concern for the developer because his future projects in there are going to be impacted if traffic is too heavy. That may be a minor correction or a minor (inaudible). Knopp: I think what you also received was out a revised copy of what we had discus: meeting. There were a bunch of items c appropriate anymore. a draft copy from ACRD, they did not send ad and what we had agreed on at the tech n that list that ACHD put out that is not Johnson: Any other comments or questions? MacCoy: If Keith is finished, I have one other one. You have met with Shari Stiles? Knopp: Yes I have MacCoy: High visibility area and landscaping is a real key to this thing. What you have shown here is on your plan is acceptable (inaudible) plan to resubmit something? Knopp: She indicated to me that it was very acceptable with her. I had a very detailed landscape plan done by a landscape architect to accommodate the landscaping on this project. Johnson: Do you.have a comment counselor? Fitzgerald: Yes, one question, in reviewing the application, there is a letter from Arthur F. Pocock, do you know who is that? Knopp: I don't know. Meridian Planning & Z09g Commission April 8, 1997 Page 19 Johnson: Thank you, this is a public hearing, is there anyone else that would like to talk to the Commission about this? Any further discussion? I will close the public hearing at this time. This is a conditional use permit it requires findings of fact. Oslund: Mr. Chairman, I move that we direct the City Attorney to prepare findings of fact for this application. MacCoy: Second Johnson: It is moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT AND BAR WITH LIQUOR LICENSE BY ROCKETS INC. (STEVE YOUNGERMAN): Johnson: At this time I will open the public hearing and ask Mr. Youngerman to address the Commission. Steve Youngerman, 5451 South Caper Place, Boise, was sworn by the City Attorney. Youngerman: We are going to have, it is going to be a 6,000 square foot building, 230 seats, 160 in the dining room, 70 in the bar. The dining area will be non-smoking, the bar will be the smoking area. American cuisine, science fiction theme, lunch and dinner not breakfast. Johnson: Any questions of Mr. Youngerman from the Commissioners? Borup: I assume you have read all of the staff comments and no questions (inaudible) I do have a couple on the ACHD comments. One was comment E talking about the irrigation ditch. They were concerned about it being on the right of way. Youngerman: It has all been settled. Borup: Okay because it looked to me like (inaudible) Youngerman: There was a question between where Gem Street is supposed to be. That has all been settled and there has been an agreement signed between the developer and ACHD. We are going to and if you notice there were comments from Nampa Meridian Irrigation District. Right now the developer is entering into an agreement with them to tile the ditch in the fall when there is no water in it. That is what the plat shows, but if you read the comments the comments of the irrigation district it almost acts like they haven't heard about it. 9 MERIDIAN PLANNING & ZONING COMMISSION MEETING: April 8.1997 APPLICANT: R.T. NAHAS CO. AGENDA ITEM NUMBER: 11 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR DRIVE -UP WINDOWS AND TWO BUILDINGS ON THE SAME LOT 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 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS I P SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS �0 I ' / V SEE ATTACHED COMMENTS C ofi c C. p All Materials presented at public meetings shall become property of the City of Meridian. ADA ck,*OUNTY HIGHWAY D Planning and D Development MCU -10-97 Progress Ave s/o The applicant is requesting conditional use approval t parcel, one of the buildings has a drive-thru window. side of Progress Avenue west of E. 1st Street, a Drive Lot 5, Block 4, of Central Valley Corp estimated to generate 1,465 additional vehi trip Transportation Engineers Trip Generati Roads impacted by ACHD buildings wo buildings on the same site is located on the west I south of East Central s development is on the Institute of Avenue t Street Date - April 9, 1997 - 7:00 p.m. Irankfin N Wa ower N p Weitman d a' SIT 184 Overland a � � WATERTOWER jLN. p3o PARK SUB. HONOR ARK SU I. NO OI 1 I 2 3 4 5 6 T . Cr_N TPpl (D -'"' t VALLEY ' 0 FORA E PA , K. NO . a S s 8 (Z) E. CORPORATE OR R : r tv VASLE Ct1iTRALVALLEY CORP PARK Hat s r . P 10 1 t,OR Ih 17 N i D i1 3- p K °��y CEN AL N .2 Qom° o ' 13 i8 It 14P RK � ;L S W / E. CENTRAL D! / !3 CENTRAL VALLEY C.V. - C' . CORS . PARK C Nd, 4 0 8 �/tCiN� T'TY M&P a lu INTERCHANGE - - INTER ATE RT 2 ' -- t,�I ADA P1ANNINQASSN. i ( MAR 051997 • C� 1 i H1f10S 133HIS ISH S 3 1SV3 ar�i a~vo i ��n s/�s alal�l i'"�'1S3A?�dH a� a�rat roo s i� d 1 i H1f10S 133HIS ISH S 3 1SV3 Facts and Findings: A. General Information Owner - R. T. Nahas Co. Applicant - Lary Knopp C -G - Existing zoning 1.17 - Acres 8,060 - Total square feet of proposed 281 - Traffic Analysis Zone (TA West Ada - Impact Fee Western Cities - ac Progress Avenue Local street withIng.No traffic coon 136 -feet of Ti*vg ,age 60 -feet exisright-of No additia required r V0 -feet from centerline) -way 0 ProgressAV "proved with a 41 -foot street section with curb, gutter and sidewalk abutting the parr ,' There is no sidewalk across from this parcel. East First Street Minor arterial with bike route designation Traffic count 18,387 on 6/27/96 (n/o Gem Street) 200 -feet of frontage 120 to 140 -feet existing right-of-way (60 to 70 -feet from centerline) Comply with ITD for their right-of-way requirements East First Street is improved with a 5 -lane street section with curb and gutter but no sidewalk abutting the site. B. 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 numbers) for details. C. The Commission previously reviewed this site on October 4, 1995 (MCU -17-95) requesting conditional use approval to construct a restaurant with a drive-thru window. The current application is requesting approval of the restaurant plus a retail building on the same site. D. The site is currently undeveloped. MCU 1097.COM Page 2 E. The site is located in Lot 5, Bock 1 of the Central When the District originally approved Central Val intended to be an industrial subdivision. Sidewall of the industrial uses. Because the subdivision hal food service businesses, staff recommends that sic this subdivision. This site has sidewalk on Progri F. Progress Avenue is constructed as a 41 - volumes are low, several major commel volumes on Progress Avenue are lion to roadway widening, adequate tr restrictions on the number and 1 • ark Subd' ision #3. bdiv' on, it was 'equ streets because with c ercial, retail, and quired on the street(s) within utting the entire parcel. milk MEW - Although current traffic anticipated in the area. Traffic F&Rmatically. As the only alternative . be accommodated only through driveways. The applicant ' ing exis curb cut driveway located 54 -feet south of the north property 1' ever, a two existing driveways, one located approximately 111 -feet north of the is d driveway the other driveway is located approximately 7 e aplicant's proposed driveway. District policy requires 125 -feet of s ation be eways on Progress Avenue (based on a 30 mph speed limit). Theplicant's provosd driveway does not meet District policy. The has cient frontage to locate a driveway that will comply with District policy. Staff recommeto allow the use of the existing curb cut driveway, located approximatel' feet south of the north property line, provided the applicant reconstructs the driveway as a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii. G. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveway its full required width of 24 to 30 -feet to at least 30 -feet beyond the edge of pavement of Progress Avenue. H. District policy requires the applicant to construct a 5 -foot wide concrete sidewalk on E. 1st Street abutting the parcel. I. The applicant is not proposing any direct lot access to E. 1st Street and none should be approved with this application. J. In order to reduce trips to and from this development, it is recommended that the tenants occupying the proposed building(s) be required to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. A Transportation Management Association (TMA) or Transportation Management Organization (TMO) is formed with a coordinator that works as a liaison between businesses and private and public transportation providers to increase the use of alternative MCU 1097.COM Page 3 K. 0 transportation and other trip reduction measures carpools, bicycle and walking enhancements). An annual survey will be required of the TM, transportation programs and forwarded to the Staff recommends that the applicant should easement for the parcels to the noY'f streets prior to issuance of a build intends to require a similar agreethey are the subject of a future de L. As required by D' . ict I may be placed e M. The existing transpo generated by this The following req ments are Special Requ cif the Ap CJ , vanpools, in alternative Office. ?rarecorded cross access feor access to the public ed permits). The District parcels to the north and south if FE width, number and locations of driveways, parcel. e adequate to accommodate the additional traffic with the requirements outlined within this report. as conditions for approval: 1. In order to r trips to and from this development, the tenants occupying the proposed building(s) are requested to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. Site Specific Requirements: �bil �c .. ��5� fir" • , 1. The applicant should be required to construct 5 -foot sidewalk on E. 1st Street. 2. Reconstruct the existing curb cut driveway located approximately 54 -feet south of the north property line as a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii. 3. Pave the driveway its full required width of 24 to 30 -feet to at least 30 -feet beyond the edge of pavement of Progress Avenue. Provide/, orded cross access a ement for the%agreef o the no south to use. this parcel or acc s to the public street rior to issuaa buildi�ig permit or othe reiced perm' s). The District inte ds to requi a syxl lar tent of the owners f the arcels e- orth and south`if-thy are the subject of a future development application.' -- 5. The applicant has not proposed any direct lot access to E. 1st Street and none are approved with this application. MCU 1097.COM Page 4 • 0 6. Other than the access point specifically approved v this a due��ttor parcel access to Progress Avenue is restricted. & _" 7. Utility street cuts in new pavement less than five in writing by the District. Contact Construction details. Standard Requirements: A request for modification, shall be made in writing to Commission not allowed unless approved 5-7667 (with file number) for Y requirement or policy outlined herein ervices Supervisor. The req all shall be rescheduled for discussion with the agenda. Requests su '' 'tted to the IMsfrict after 9:00 a.m. on the day scheduled for Commission action do n� provide su lent time for District staff to remove the item from the consent agenda ander: ort to thetommission regarding the requested modification, variance or waiver Th tiswill be acted on by the Commission unless removed from the agenda by the CommW 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration ideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its 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 Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, 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. MCU1097.COM Page 5 • 6. Construction, use and property development shall requirements of the Ada County Highway Districi in 0 occupancy. 7. No change in the terms and conditions of this appr be valid unless they are in writing and signed by the applicant or the applic 's a representative and an authorized representative of the Ada County y Di a burden shall be upon the applicant to obtain written confirmation o fro a Ada County Highway District. 8. Any change by the applicant in th a se of property which is the subject of this application, shall require the a p t t pl rth all rules, regulations, ordinances, plans, or other r atory res force at the time the applicant or its successors in ' . vis ' hwa istrict of its intent to change the planned use of the subject prope' a iance of said requirements or other legal relief is granted pursuant to e e time the change in use is sought. Conclusion of 1. ACHD re Xements are iiended to assure that the proposed use/development will not place an undue n on the:,e isting vehicular and pedestrian transportation system within the vs 1 vicinitytjie proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. 1a ., MCU 1097.COM Page 6