HomeMy WebLinkAboutCherry Wood CUPOFFICIALS
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 COUNCIL MEMBERS
A Good Place to Live WALT W. MORROW, President
CITY OF MERIDIAN RONALD R. TOLSMA
EE
~
GLENN R. BENTLEY
33 EAST IDAHO
MERIDIAN, IDAHO 83642 P & Z COMMISSION
Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman
Public WorksBuilding Department (208) 887-2211 MALCOLM MACCOY
Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP
RON MANNING
ROBERT D. CORRIE BYRON SMITH
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: December 2, 1997
TRANSMITTAL DATE: 11/18/97 HEARING DATE: 12/9/97
REQUEST: Conditional Use Permit for inclusion of a drive thru window on the west end of
anew addition to existing Cherrv Wood retail stria center
BY: W. Rov Brown & Richard A. Brown
LOCATION OF PROPERTY OR PROJECT: 1780 West Cherrv Lane, SW corner Cherry Lane and
Linder Road
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
BOB CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
..CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IIZRIGATION 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:
~~.~ .~ -20~- 382- y~og„
' 63y- 9 5f6 ~
CITY OF MERIDIAN
APPLICATION FOR A CONDITIONAL USE PERMIT
NAME: W' ROY BROWN & RICHARD A. BROWN ($O1) 537-1078
PHONE:
ADDRESS:##24 SOUTH 600 EAST SUITE #7 SALT LAKE CITY UTAH 84102
APPROX. 1780 WEST CHERRY LANE MERIDIAN, IDAHO
GENERAL LOCATION: S • W • CORNER CHERRY -LANE & CINDER ROAD
DESCRIPTION OF PROPOSED CONDITIONAL USE: INCLUSION OF A DRIVE THRU
WINDOW ON THE WEST END OF A NEW ADDITION TO EXISTING CHERRY WOOD
RETAIL STRIP CENTER.
ZONING CLASSIFICATION: c-N
PLAN: A plan of the proposed site for the conditional use showing the location of all
buildings, parking and loading areas, traffic access and traffic circulation, open
spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35
copies).
I certify that the information contained
ue of Aj
Security
is true and correct.
528-58-3564
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 descn'bed as located at
SUBDIVISION, BLOCK ,LOT
TO
• •
CITY OF MERIDIAN
APPLICATION FOR A CONDITIONAL USE PERMIT
ADDENDUM
1. NAME, ADDRESS AND PHONE NUMBER OF APPLICANT
W, Roy Brown Richard A. Brown
P, O. Box 464 #24 South 600 East
Nampa Idaho 83653 Suite #7
(208) 382-4802 Salt Lake City, Utah 84102
(801) 537-1078
2. NAME, ADDRESS AND PHONE NUMBER OF OWNER
Same as above.
3. LEGAL DESCRIPTION OF PROPERTY
Lots 3, 4 and 5 in the Corner At Vineyards
(See copy of Warranty Deed for more complete description)
4. PROOF OF OWNERSHIP OF SUBJECT PROPERTY
See copy of Warranty Deed attached hereto.
5. DESCRIPTION OF EXISTING USE
Site of existing Cherry Wood Center retail/commercial
buildings. Video rental store and hair salon.
6. PRESENT USE OP SUBJECT PROPERTY
Site of existing retail center described above.
7. PROPOSED USE OF THE SUBJECT PROPERTY
Same use as above. Small retail users. Requesting
inclusion of a drive thru window on the west end of
a new building to be built on site,
8. THE PRESENT DISTRICT ZONING
C-N
9. THIRTY (30) COPIES OF A VICINITY MAP
Attached.
10. CHARACTERISTICS OF SUBJECT PROPERTY MAKING CONDITIONAL
USE DESIRABLE
The property is designed and intended to be used by
small retail businesses; some of which can benefit
economically from the use of a pass thru window for
their customers. This property has an abundance of
paved driveways to the front, side and rear of all
buildings for proper traffic flow related with this
requested usage. Cross easement agreement with all
adjacent property owners has been obtained (see
copies attached).
11. LISTING OF PROPERTY OWNERS WITHIN 300 FEET OF SUBJECT PROPERTY
Attached.
CITY OF MERIDIAN
APPLICATION FOR A CONDITIONAL USE PERMIT
ADDENDUM
12. FEE OF $275.00 + $1.42/MAILING ADDRESS IN #I1 ABOVE.
Check Attached.
13. STATEMENT OF OWNER RELATING TO ADDITIONAL CHARGES
As the owner of the subject property requesting .this
conditional use permit, we will be obligated to pay
any and all additional charges for sewer, water,
garbage removal associated with the contemplated use.
See signature below.
14. APPLICANT VERIFICATION
As the owner of the subject property and applicant
for this conditional use permit, we have read the
contents hereof and verified the contents therof~
and same is true and correct to the best of my
knowledge and ability. See signature below.
15. PROPERTY POSTING AFFIDAVIT
As the owner of the subject property and applicant
for this conditional use permit, we will post a
proper hearing notice as required by the City of
Meridian at least one (1) week prior to the date of
the Planning & Zoning meeting scheduled for the
review of this application. See signature below.
~~~--~
RICHARD A. BR6~_,
Owner of Subject Property
//- ~ - 9~
DATE
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PIONEER TITLE COM$Q- ••Y. ,
OF ADA COUNTY aQ I S E
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821 West State Street /Boise, Idaho 83962 ~~"
(208)336-6700 RECORGcD:
888 North Cole Road /Boise, Idaho 83704
.(208) 377-2700
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SPACE ABOVE FOR RECORDING DATA
CORRECTION WARRANTY DEED
(CORPORATE FORM)
MAX A. BOESIGER, INC. , AN IDAHO CORPORATION , a corporation
organized and existing under the laws of the State of Idaho, with its principal office at 2447 S . Vista Avenue,
Boise of County of Ada ,State of Idaho,
grantor, hereby CONVEYS or GRANTS and WARRANTS TO
W. ROY BROWN, A.MARRIED AN AS HIS SOLE AND SEPERATE PROPERTY AND RICHARD A. BROWN,
A MARRIED MAN AS HIS SOLE AND SEPERATE PROPERTY grantee(s)
of P.O. Box 464, Nampa, ID 83653 for the sum of
TEN DOLLARS A)!~D OTHER GOOD AND VALUABLE CONSIDERATION
the following described tract(s) of land in Ada '
DOLLARS,
County, State of Idaho:
LOTS 3, 4 AND 5 IN BLOCK 1 OF THE CORNER AT VINEYARDS, ACCORDING TO THE PLAT THEREOF,
FILED IN BOOK 60 OF PLATS AT PAGES 5876 AND 5877, RECORDS OF ADA COUNTY, IDAHO.
EXCEPT THE EAST 62.18 FEET OF LOT 3 IN BLOCK 1 AS MEASURED ALONG THE SOUTH LINE.
EXCEPT THESE PORTIONS THEREOF CONVEYED TO ADA COUNTY HIGHTWAY DISTRICT FOR PUBLIC RIGHT
OF WAY BY DEEDS RECORDED UNDER INST. NO'S. 94033051 AND 94033052 6 94033053.
This Correction Deed being recorded to correct the legal description on that certain
Warranty Deed dated November 7, 1994 and recorded November 8, 1994 as Instrument No.
X94099631 records of Ada County, Idaho
Location of above described property
House No.
Street
The officers who sign this deed hereby certify that this deed and the transfer represented hereby are authorized under a
resolution adopted by the board of directors of the grantor at a lawful meeting held and attended by a quorum.
In witness whereof, the grantor has caused its corporate name and seal to be hereunto affixed by its duly authorized
officers this 28th day of November , A.D. 19 94
MAX A. BOESIGER, INC.
(CORPORATE NAME)
By: ~~-v~_g,~,Q ~a-tr-~-~,~,
RICHARD BOESIGER, VICE- PRESIDENT
Attest:
SECRETARY
STATE,OF' • ' IDAHO ,County of Ada , ss.
On this 26Ch day of November , in the year of 1994 ,before me
JEANNE~EJ M}~''G) tiIFFIN __ _, a notary public,
personally~appettr'Cd•~. -" 'RICHARD.A: BOESIGER ,
know.ti pr identified tQ.mO.tabe,the VICE PRESIDENT
of the cotporafiori That gxetttited the instrument or the person _ who exec d th instrument on behalf of said co rati®on~and
ackriowlddged to the ghat, such cpiporation executed the same. • s9~-9~
' ~` Notary Public.
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CROSS EASEMENT AGREEMENT
WHEREAS, the parties to this agreement are owners of contiguous
parcels of real property described as follows:
Stoddard/Hurray Properties Partnership #2 owns Lots #1
and #2 of Block 1, The Corner at Vineyards, a subdivision
in the NE ~ of the.NE ~i, section 11, T.3N., R.1W., B.M.,
Meridian, Ada County, Idaho.
W. Roy Brown and/or Richard A. Brown or assigns owns Lots
#3, #4 and #5 of Block I, .The Corner at Vineyards, a
subdivision in the NE ~ of the NE ~i, section 11, T.3N.,
R.1W., B.M. Meridian, Ada County, Idaho.
WHEREAS, the parties hereto wish to maintain and develope said
properties for various commercial purposes which require the
movement of vehicles over same for the benefit of owners,
lessees, customers of lessees, commercial service vehicles,
general public vehicles and et. al.,.
THEREFORE, it is agreed as follows:
1 - Stoddard/Hurray Properties Partnership #2 grants to
' the Browns full rights of unrestricted permanent
ingress and egress through/over their previously
described real property (Lots #1 & #2) which granting
will accomplish access to West Cherry Lane and North ~~
Linder Road. The granting of this right shall
pertain only to the circulation/vehicular traffic
patterns on the subject parcels and shall not be so
contrued as to apply. to, or limit or restrict the
areas whereon building/structures have been erected.
2 - Browns grant to Stoddard/hurray Properties Partnership
#2 full rights of unrestricted permanent ingress and
egress through/over their previously described real
property (Lots #3, #4 & #5) which granting will
accomplish access to West Cherry Lane.
3 - Both parties agree to abide by and recognize the
existance of forebearing easements for utilities and'
etc., along West Cherry Lane and North Linder Road as
well as the same along with ingress and egress ease-
ments covering the South 39 feet of all of their
respective real properties.
L, Lo~~
)lMU PROPE S PARTNERSHIP #2 DA'1~E
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DATE
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' CROSS EASEMENT AGREEMENT
WHEREAS, the parties to this agreement are owners of contiguous
parcels of real property described as follows:
Stoddard/Murray k~xoperties Partnership #2 owns Tats #1
and #2 of Alock 1, The Corner at Vineyards, a subdivision
in the NE ~ of the NE ~, section 11•.~ T.3N., R.1W., E.M.,
Meridian, Ada County, Idaho.
W, Roy Brawn and/ox Richard A. Bxown or assigns owns Lots
_ #3, #4 and #5 of Block 1, The Corner at Vineyards, a
subdivision in the NE ~i of the NE ~a, section ll, T.3N.,
R.lw., B.M. Meridian, Ada County, Idaho.
WI3EIZEP.S, the parties hereto wish to maintain and develope said
properties for various commercial purposes which require the
movement of vehicles over same for the~benafit of owners,
lessees, customers of lessees, commercial service vehicle,
general public vehicles and et. al.,.
THEREFOR, it is agreed as follows:
1 - Stoddard/Hurray Proper•~ies Partnership #2 grants to
the Browns full rights o£ unrestricted permanent
ingress and egress througk~/over their previously
described real property (Lots #1 & #23 which granting
wfil accomplish access to West Cherry Lane and North
_ Linder Road. The granting of this xight shall
,pertain only to the circulation/vehicular traffic
pattexns on the subject parcels anel shall not be so
contrued as to apply to, or ~.imit or restrict the
areas whereon building/structures have been erected.
2 - Browns grant to Stoddard/Murray Properties Partnership
#2 full rights of unrestricted permanent ingress and
egress through/over their previously described real
property (Lots #3, #9. & #5) which granting will
accomplish access to west Cherry Lane.
3 - Bath parties agree to abide by and recognize the
existance of forebearing easements far utilities and
etc., along west Cherry Lane and North Linder Road as
well as the same along with ingress and egress ease-
ments covering the South 39 feet of all of their
respective real properties. .
5'~ODD /HURRAY PROPERTIES PARTNERSHIP #2 DATE
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LESSEE #1 DATE
LESSEE 2 (If Applicable) AAT
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LEGAL DESCRIPTION.
Kll~;ll TO INCLUDE EXCEP~I,.ONOI U ~ t( Z
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821 West State Street /Boise, Idaho 83i6g
(208) 336-6700 RECOFtGcU
888 North Cole Road /Boise, Idaho 83704
,(208) 377-2700
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SPACE ABOVE FOR RECORDING DATA
CORRECTION WARRANTY DEED
(CORPORATE FORM)
MAX A. BOESIGER, INC . , AN IDAHO CORPORATION , a corporation
organized and existing under the laws of the State of Idaho, with its principal office at 2447 S. Vista Avenue,
Boise of County of Ada ,State of Idaho,
grantor, hereby CONVEYS or GRANTS and WARRANTS TO
W. ROY BROWN, A MARRIED AN AS HIS SOLE AND SEPERATE PROPERTY AND RICHARD A. BROWN,
A MARRIED MAN AS HIS SOLE AND SEPERATE PROPERTY grantee(s)
of P.O. Box 464, Nampa, ID 83653 for the sum of
TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
the following described tract(s) of land in Ada '
DOLLARS,
County, State of Idaho:
LOTS 3, 4 AND 5 IN BLOCK 1 OF THE CORNER AT VINEYARDS, ACCORDING TO THE PLAT THEREOF,
FILED IN BOOK 60 OF PLATS AT PAGES 5876 AND 5877, RECORDS OF ADA COUNTY, IDAHO.
EXCEPT THE EAST 62.18 FEET OF LOT 3 IN BLOCK 1 AS MEASURED ALONG THE SOUTH LINE.
EXCEPT THESE PORTIONS THEREOF CONVEYED TO ADA COUNTY HIGHTWAY DISTRICT FOR PUBLIC RIGHT
OF WAY BY DEEDS RECORDED UNDER INST. NO'S. 94033051 AND 94033052 & 94033053.
This Correction Deed being recorded to correct the legal description on that certain
Warranty Deed dated November 7, 1994 and recorded November 8, 1994 as Instrument No.
X94099631 records of Ada County, Idaho
Location of above described property
House No.
Street
The officers who sign this deed hereby certify that this deed and the transfer represented hereby aze authorized under a
resolution adopted by the board of directors of the grantor at a lawful meeting held and attended by a quorum.
In witness whereof, the grantor has caused its corporate name and seal to be hereunto affixed by its duly authorized
officers this 28th day of November A.D. 19 94
MAX A. BOESIGER, INC.
n (CORPORATE NAME)
By: ~ .~.~ , ho-`,
RICHARD BOESIGER, VICE- PRESIDENT
Attest:
SECRETARY
The Valley News, P.O. Bo~9, Meridian, Idaho 83680 •
Affidavit of Publi~_.tion
STATE OF IDAHO
} ss.
COUNTY OF ADA
Notice of Public Hearing
TITLE OF PUBLICATION
City of Meridian, Idaho
Copy of Notice
(First Copy)
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City. of Meridi-
an 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 December 9, 1997, for the
- purpose of reviewing and considering the Application of W. Roy Brown & Richa~
A. Brown, for a Conditional Use Permit for land located in Lot 3, 4 and 5, Block 1
of the comer at Vineyards, Boise Meridian, Ada County, Idaho, and which property
is generally located at the SW corner of Cherry Lane and Linder Road, 1780 West
Cherry Lane, The application requests a Conditional Use Permit for inclusion of a
drive thru window on the west end of a new addition to existing Cherry W~ retail
strip center.
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 inspec-
tion during regular business hour.
' A copy of the Application is available upon. request. Any and all interested per-
sons shall be heard at said public hearing and the public is welcome and invited to
submit testimony.
Scott Crosby
PLAINTIFF OR LEGAL AGENT
being
deposes and says:
That I am the Managing Editor of VALLEY
weekly newspaper published at Meridian, in the County of Ada
Idaho; that said newspaper has been and is in general circulation
aforesaid, and in the vicinity of Meridian; that the advertisemen
is attached hereto, was published in said newspaper once a wee!
consecutive weeks in the regular and entire issue of said I
period and time of publication, and was published in the newsp
not a supplement; that said paper has been established and regu
more than seventy-eight consecutive weeks prior to the date of
said advertisement.
Such notice was published in the issue beginning with N'
19 97 ,and ending with the issue of December 5
19 97
X_~~~
STATE OF IDAHO '
COUNTY OF ADA
DATED this 19th day of November, 1997.
/s/ William G. Berg, Jr.
WILLIAM G. BERG, JR.
City Clerk
L-369M November 21, December 5, 1997
On this 23 th day of December in the year of 1997 before me, a Notary
Public, personally appeared Scot Crosby known or identified
to me to be the person whose name subscribed to the within instrument, and
being by me first duly sworn, declared that the statements therein are true, .and
acknowledged to me that he/she executgr,~the same. ,~
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~pTAgY
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OF
Public for Idaho
Residing at
expires ~{ ~ + ~ ~2 ~_~~
STATEMENT
Valley News
Meridian, Idaho
Number of Lines ................ 23 Lines
Number of Insertions ............. 2
23 Lines @ 1.5 .....$ 34.50
23 Lines @ 1.25 .... ,$ 28 75
TOTAL COST
WILI, RF, .......... e apt ~~
N(1 L-369 M
CITY OF MERIDIAN
APPLICATION FOR A CONDITIONAL USE PERMIT
ADDENDUM
11. LISTING OF PROPERTY OWNERS WITHIN 300 FEET OF SUBJECT PROPERTY
1 - Smith's Food & Drug Center, Inc.
oBurke & Nickel
3336 East 32nd Street
Suite #217
Tulsa, Oklahoma 74135-0000
(Parcel Nos. 51202449604, 51202449553, S1202449602
and 51202449308)
2 - Steven F. & Christine A. Cullen
1648 North Kastle Falls Avenue
Meridian., Idaho 83642-1393
(Parcel No. 88954270330)
3 - James Huarte
oC & H Construction
1287 North Santa Rosa Avenue
Meridian, Idaho .83642-4318
(Parcel No. 88954270320)
4 - James Huarte
John F. Kurtz Jr.
P. O, Box.. 1617
Hawley, Troxell, Ennis & Hawley
Boise, Idaho 83701-1617
(Parcel No. 88954270310)
5 - Steven R. & Peggy L. Jenkins
1915 West Cherry Lane
Meridian, Idaho 83642-1247
(Parcel No. 51211110186)
6 - Russell F. & Tanya M. Koyle
1515 North Santa Rosa Place
Meridian, Idaho 83642-4302
(Parcel No. 89035300050)
7 - Paul E. & Doris L. Fuhrmann
1547 North Santa-Rosa Place
Meridian, Idaho 83642-4302
(Parcel No. 89035300060)
8 - Richard L. Weight, Jr. & Stacey Johnson
1575 North Santa Rosa Place
Meridian, Idaho 83642-4302
(Parcel No. 89035300070)
9 - G. Dee & Kristine Carter
1580 North Santa Rosa Place
Meridian, Idaho 83642-4301
(Parcel No. 89035300080)
CITY OF MERIDIAN •
APPLICATION FOR A CONDITIONAL USE PERMIT
ADDENDUM
11. LISTING OF PROPERTY OWNERS WITHIN 300 FEET OF SUBJECT PROPERTY
CONTINUED
10 - Robert S. & Rhonda E. Noble
1560 North Santa Rosa Place
Meridian, Idaho .83642-4301
(Parcel No. 89035300092)
11 - Alejandro & Julissa Salinas
1530 North Santa Rosa Place
Meridian, .Idaho 83642-4301
(Parcel No. 89035300100)
12 - Robert L. & Rosemary L. Nancolas
1502 North Santa Rosa Place
Meridian,. Idaho .83642-4301
(Parcel No. 89035300110)
13 - Joseph S. & Leta H. Wood
1490 North Santa Rosa Place
Meridian, Idaho 83642-1998
(Parcel No. 89035300120)
14 - Stephen F. & Christine R. Swoboda
1480 North Santa Rosa Place
Meridian, Idaho 83642-1998
(Parcel No. 89035300130)
15 - James Michael & Marla Sue Halfpenny
1460 North Santa Rosa Place
Meridian, Idaho 83642-1998
(Parcel No. 89035300140)
16 - Ellen & Steven Hammond-Kurtz
1842 West Sonoma Drive`
Meridians Idaho 83642-1994
(Parcel No. 89035300160)
17 - Donald R. & Holly. A. Fry
1820 West Sonoma Drive
Meridian, Idaho 83642-1994
(Parcel No. 89035300170)
18 - Cheryl M. Guiddy
1790 West Sonoma Drive
Meridian, Idaho 83642-1992
(Parcel No. 89035300180)
19 - Matthew P. & April L. Daum
1760 West Sonoma Drive
Meridian, Idaho .83642-1992
.(Parcel No. 89035300190)
CITY OF MERI~N •
APPLICATION FOR A CONDITIONAL USE PERMIT
ADDENDUM
11. LISTING OF PROPERTY OWNERS WITHIN 300 FEET OF SUBJECT PROPERTY
CONTINUED
20 - James A. & Kathleen M. Ruggiero
1455 North Silverado Place
Meridian, Idaho 83642-4306
(Parcel No. 89035300200)
21 - Charles A. Koerner
1473 North Silverado Place
Meridian, Idaho 83642-4306
(Parcel No. 89035300210)
22 -John Dudley & Nancy Lynn Wasson
1486 North Silerado Place
Meridian, Idaho .83642-4305
(Parcel No. 89035300220)
23 - Joseph R. & Tracey L. Carleton
1470 North Silerado Place
Meridian, Idaho 83642-4305
(Parcel No. 89035300230)
24 - Harold Wayne & Colleen Kay Degrange
1450 North Silerado Place
Meridian, Idaho .83642-4305
(Parcel No. 89035300240)
25 - Kristopher R. & Linda. A. Kreegar
1426 North Silerado Place
Meridian, Idaho 83642-4305
(Parcel No. 89035300250)
26 - Linder Road Church of Christ, Inc.
1555 North Linder-Road
Meridian, Idaho .83642-1922
(Parcel No. 81570280300)
27 - Stoddard-Murray Properties
Partnership #2
Maverik #233
P.O. Box 8008
Afton, Wyoming 83110-8008
(Parcel No. 81570270100)
28 - Stoddard-Murray Properties
Partnership #2
1991 Turnberry Way
Meridian, Idaho .83642-1055
(Parcel No. 81570270200)
29 - REB Irrevocable Trust
P.O. Box 464
Nampa, Idaho 83653-0464
(Parcel No, 81570270312)
• •
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 December 9, 1997, for the purpose
of reviewing and considering the Application of W. Roy Brown & Richard A. Brown, for
a Conditional Use Permit for land located in Lot 3, 4 and 5, Block 1 of the Comer at
Vineyards, Boise Meridian, Ada County, Idaho, and which property is generally located
at the SW corner of Cherry Lane and Linder Road, 1780 West Cherry Lane. The
Application requests a Conditional Use Permit for inclusion of a drive thru window on
the west end of a new addition to existing Cherry Wood retail strip center.
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 19th day of November, 1997.
G. BERG, JR.,
~~ ~~~
PUBLISH November 21 and December 5, 1997.
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DEC 2 3 1~7
SUSAN S. EASTLAKE, President
GARY E. RICHARDSON, Vice President
SHERRY R. HUGER, Secretary
December 17, 1997
W. Roy Brown and Richard A. Brown
#24 South 600 East, Suite 7
Salt Lake City, Utah 84102
Re: Staff Level Approval
MCU-39-97 1780 Cherry Lane
aTY OF l~~K~I}~AN
Building w/ drive-thru window
Facts and Findings:
A. The Ada County Highway District (ACHD) staff has reviewed the above referenced
application requesting conditional use approval to construct a 6,400; square foot addition with a
drive thru window to an existing retail building. The site is located on the south side of
Cherry Lane .approximately 220-feet west of .Linder. Road.. This development could generate
between 200 to 900 additional vehicle trips per day depending upon the proposed use.
B. The applicant is proposing a drive thru window on the west side of the- building located 160-
feet south of Cherry Lane. ITE recommends having between 50 to 100-feet of stacking before
and after a reader board; 50-feet of stacking for uses other than fast food restaurants' or drive-
thru bank facilities. The applicant is not proposing a specific location for a reader board at this
time. The applicant should be required to provide between 50 and 100-feet of stacking before
and after the reader board depending on the use of the building. Additional stacking may be
required at the driveway entrance to Cherry Lane if the driveway volume is expected to exceed
2,000 VTD.
C. The application and site plan received by the City of Meridian and submitted to the District on
November 20, 1997, have been reviewed by the ACRD Development Services staff and
conforms to applicable District standards/policy, or can be made to conform with the change(s)
to the plan described in the requirements stated below.
This is a staff level approval and will not be heard by the ACRD Commission unless the site
plan is changed in such a manner as to not conform with District standards/policy or an appeal
of the Development Services staff decision is submitted as described within the Standard
Requirements outlined below.
The following requirements are provided as recommendations for conditions of approval to the City of
Meridian:
ada county highway district
318 East 37th • Boise, Idaho 83 7 1 4-6499 • Phone (208) 345-7680
r ~
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Special Recommendation to the City:
1. Depending on the volume of traffic that will be generated by the proposed building addition,
the applicant should be required to provide 50 to 100-feet of stacking before and after the
reader board; 50-feet of stacking for uses other than fast food restaurants' or drive-thru bank
facilities. Coordinate the stacking distance required for the use that is proposed in the future
with District staff.
Site Specific Requirements:
1. The existing curb return driveway located 440-feet west of Linder Road is approved with this
application.
2. Utility street cuts in the new pavement are not allowed unless approved in writing by the
District. Contact Construction Services at 345-7667 (with file number) for details.
3. As required by District policy, restrictions on the width, number and locations of driveways,
shall be placed on future development of this parcel.
4. Other than the access point specifically approved with this application, direct lot or parcel
.access to Cherry Lane is prohibited.
Standard Requirements:
This decision of the Planning and Development Supervisor may be appealed to the Ada County
Highway District Commission by the applicant or by another party within 15 calendar days
from the date of this report. 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 inequity The request will be heard by the District Commission at an
evening meeting within 20 calendar days of the District's receipt of the appeal letter. The
appellant will be notified of the date and time of the Commission meeting.
2. After ACHD Commission action, any request for reconsideration of the Commission's action
shall be made in writing to the Planning and Development Supervisor within two days of the
action and shall include a minimum fee of $110.00. The request for reconsideration 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 it's original decision. The request
for reconsideration will be heard by the District Commission at the next regular meeting of the
Commission. If the Commission agrees to reconsider the action, the applicant will be notified
of the date and time of the Commission meeting at which the reconsideration will be heard.
MCU3997.SLA
Page 2
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 ACRD 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.
6. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans,
or other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the Highway District of its intent to change the planned use of the subject
property unless awaiver/variance of said requirements or other legal relief is granted pursuant
to the law in effect at the time the change in use is sought.
8. No change in the terms and conditions of this approval shall be valid unless -they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
MCU3997.SLA
Page 3
c
•
Conclusion of Law:
1. ACRD 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 ACHD Planning and Development
staff at 345-7680.
and Development Supervisor
MCU3997.SLA
Page 4
cc: Project file
Lead agency
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Meridian City Counci~ i
February 17, 1998
Page 3
easement across his property so I presume that we'll have to wait until the 3~d of
March and we should have by then which way we're going to go.
Rountree: Question, so'there's been no written response to your letter?
Corrie: None whatsoever, no.
Bentley: Mr. Mayor, I move we table this until March 3'~.
Anderson: Second.
Corrie: Motion made and second that we table item #2 until March 3~d. Any
further discussion? All those in favor of the motion say aye.
MOTION CARRIED: All aye.
ITEM #3: REQUEST FOR CONDITIONAL USE PERMIT FOR INCLUSION OF A
DRIVE-THRU WINDOW ON THE WEST END OF A NEW ADDITION TO
EXISTING CHERRY WOOD RETAIL CENTER BY W. ROY & RICHARD
BROWN - SW CORNER OF CHERRY LANE AND CINDER ROAD:
Come: Council you have that request for a conditional use permit. Council would
you like to hear any - is there anybody here from -you're here, okay --. Council
do you need any information from the applicant?
Bentley: I don't have any.
Rountree: I have no questions, Planning and Zoning covered it well.
Bird: I have no questions.
Corrie: Mr. Anderson?
Anderson: No questions.
Corrie: Okay. And you have the Findings of Fact and Conclusions of Law from
the Meridian Planning & Zoning Commission?
Rountree: Mr. Mayor, I move that the City Council approves and adopts the
Findings of Fact and Conclusions of Law as prepared by Planning & Zoning.
Bird: I will second it.
S
Meridian City Coun~
February 17, 1998
Page 4
Corrie: Motion made and seconded on the approval of the Findings of Fact and
Conclusions of Law by the City Council and the Planning & Zoning Commissions
adoption. Roll call vote:
ROLL CALL VOTE: Mr. Bird -yea, Mr. Bentley -yea, Mr. Rountree -yea, Mr.
Anderson -yea.
MOTION CARRIED: All yea.
Corrie: I'll entertain a motion for the decision recommendation.
Rountree: Mr. Mayor I move that the City Council deny the Conditional Use
Permit requested by the applicant for the property described in the application.
Bentley: Second.
Corrie: Motion is made and seconded that the decision that we deny the special
Conditional Use Permit requested by the applicant for the property in the
application. All those in favor of the motion say aye.
MOTION CARRIED: All aye.
ITEM #4: PUBLIC HEARING: REQUEST FOR VARIANCE TO REDUCE THE
NUMBER OF PARKING SPACES REQUIRED FOR B-11 L.L.C. (RAMA
SUBDIVISION):
Corrie: At this time I'll open the public hearing and invite the applicant to come
forward.
Coles: Good evening Mayor and Council.
Crookston: Would you state your name and address please.
Coles: Jim Coles, 15176 Horseshoe Drive, Caldwell.
Crookston: You need to be sworn. Do you promise, swear or affirm that the
testimony you give tonight at this public hearing be the truth the whole math and
nothing but the truth so help you?
Coles: I do.
Crookston: Please proceed.
Coles: What I'd like to do is just do a brief summary. I thinl: in our request for a
variance I think we went through the numbers and some of the comments about
the new proposed project. With me is Mark Kreizenbeck, President of K-2
r~
U
MERIDIAN CITY COUNCIL MEETING: FEBRUARY 17 1998
APPLICANT: W. ROY & RICHARD BROWN ITEM NUMBER: 3
REQUEST: REQUEST FOR CONDITIONAL USE PERMIT FOR INCLUSION OF A DRNE THRU WINDOW
ON THE WEST END OF A NEW ADDITION TO EXISTING CHERRY WOOD RETAIL CENTER
AGENCY COMMENTS
CITY CLERK: ~'l~ 1~ C(~ .~~ r s~`Z ~'v».. i'~/hv~.3 ~YO~r~- Z to-~jg /d~Z Co~.~-.
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:
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All Materials presented at public meetings shall become property of the City of Meridian.
Meridian Planning & Zb'liing Commission
February 10, 1998
Page 3
Johnson: -Let me formally open the hearing then if you're going to make a
statement. I thought you had given us something in writing.
Butler: Oh I'm sorry, thank you. And I will give this to you in writing I just had not
finished, but you're correct that we will request a deferral, once again we are
behind ACRD who is hearing this matter tomorrow night. I know Meridian is
trying to get this off their checklist as well but ACRD keeps deferring this to thirty
days plus one, or so it seems in teens of the scheduling. That's a concern for us
because we know it could get into a constant stalemate here with you not having
the information from ACRD. I will make the request that in just talking to one of
the neighbors that has been interested in this project asked that you keep the
public hearing open until a date certain. We'd ask that the Commission actually
have a special meeting in two weeks time to hear public testimony on this matter.
No matter whether ACRD make its input or not we think that ACRD has had
several months to deal with this and has chosen not to get that information to
Meridian. So we would ask for a special meeting in two weeks time. Keep the
public testimony open and I'm sorry I don't that date off hand, and I will put a
written request in.
Johnson: Well Iwo weeks is the twenty fourth. We can't give you an answer
tonight on that specific date because I need to make sure we have a quorum
there. I know Mr. Berg's going to be gone and -but we could certainly consider
that request.
Butler: Thank you and I will provide this written request as well.
Johnson: Thank you. That was an informal request at this time. We haven't
opened the public hearing yet. We're going to do that but chances are there will
be no presentation and there's no need for anyone to,wait around unless they
really want to. UnlesQ you have something that you have to testify on tonight
because you're. not going to be here at a later date I can certainly understand
that. Okay back to the regular schedule.
ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR
CONDITIONAL USE PERMIT FOR INCLUSION OF A DRIVE THRU WINDOW
ON THE WEST END OF A NEW ADDITION TO EXISTING CHERRY WOOD
RETAIL CENTER BY W. ROY BROWN & RICHARD BROWN - SW CORNER
OF CHERRY LANE AND CINDER ROAD:
Johnson: We have Findings and Facts prepared by the City Attorney. We have
two Findings and Facts prepared and the reason for that is because of what took
place at our last meeting where we voted not to move it forward and didn't follow
proper procedurA because we still need to make a recommendation to :he City.
Is that a pretty accurate explanation Mr. Prior?
Meridian Planning & ng Commission •
February 10, 1998
Page 4
Prior. That is.
Johnson: So what is your pleasure with the prepared Findings of Fact that we
now have before us?
Nelson: I have a question for you Mr. Chairman. As I was not here last month
apparently this issue is met with some debate I guess it is safe to say. So now
we have two to choose from and then we have to pick which one we want to go
through, approval or denial, but my question is from the P & Z standpoint are we
looking for reason not to approve an item or reason to approve? Does that make
sense?
Johnson: Yes that makes sense, I don't know if I can answer that. I think the
reason two are prepared, and the -City Attorney can help me out on this, is
because we have a different make-up tonight on the Commission than we had
the other night, and our vote was two to one and we didn't go through the proper
procedure of proceeding with recommendations to the City, and even if we do
that tonight we still have to give a recommendation to the City. The Findings of
Fact and Conclusions that have been prepared are virtually identical, is that not
true?
Prior. That is correct, and just for a clarification in your own mind and for some of
the other folks out there, the Conditional Use Permit -this is just a preliminary
step at this point -what the P 8 Z Commission will do is they will either approve
the Findings of Fact and there will be a recommendation with each of the
Findings of Fact and whether that's a recommendation to approve your
Conditional Use Permit or deny your Conditional Use Permit the next step it goes
to is City Council where there will be another opportunity for more testimony and
some of you folks who have submitted letters to the City Attorney's office. Those
letters would not be part of the public record and they cannot be considered with
this Conditional. Use Permit. They can be considered by the City Council and
they will be forwarded to the City Council, but at this point we're just looking for
the Commission -you wrould just vote for an approval or a denial of the Findings
of Fact and whether you are going to make a specific recommendation to the City
Council. Does that clarify anything for you or not?
Johnson: That helps me, does that help you?
Nelson: Yes, thank you.
Johnson: Any further discussion?
Borup: Yos Mr. Chairman. (think we - I got maybe a little different feeling than
Commissioner Smith but I wonder if it may save some time with a little bit of
discussion. I'm not completely comfortable with the whole thing. My (inaudible)
Meridian Planning & Z~ng Commission
February 10, 1998
Page 5
to approve it with some specific conditions. But if it looks like that's not going to
pass then I would opt to defer that and continue on. Or, is the proper method to
go ahead and make the motion and see what happens?
Nelson: Well from what I heard in the previous meeting, previous to the last - I
guess our January meeting -December meeting -- my personal opinion is to
deny but if I lived in the area 1 would like to have an ice cream facility there and
it's just that I don't think the neighborhood real open to that and also it appears to
me that it's almost an afterthought in the whole design of the area. They
developed that entire commercial area with a drive- thru and all that in mind
think it would be a much smoother thing so to me it just seems like kind of an
afterthought and that the stacking just isn't quite there.
Borup: Well they could redesign the building with the drive-thru window in the
back and allow for stacking, I mean that's their choice.
Nelson: And that may prove to be wrong, I didn't have quite the concem on the.
stacking, my concem was on the noise communication system. The information
we have looks like - it may need to be reviewed by an engineer -but it looks like
that is not necessarily a problem. My other concern was the buffering with the
drive-thru going through there I felt maybe it needed some additional buffering
fence that what is presently on site. The applicant made reference to a letter that
he wrote to the City saying they~wouldn't approve that but I've not been able to
find a copy of that letter so that doesn't really help us a lot. But that would be the
conditions - my tendency would be to approve it with some conditions on the
speaker system and the buffering and the other could be I guess add some
additional (inaudible) on the stacking which would mean a redesign of the layout.
Prior: Just for a clarification, the Commission needs to keep in mind that any
changes that they make or any conditions that they set are not deemed as
material changes in the design that was submitted by the applicant. You're within
your powers to set conditions at these folks or any Conditional Use Permit has to
follow in order to be granted a Conditional Use Permit but you have to be careful
that some of the conditions you set are not deemed material changes in the
design that was submitted by the applicant because that would be something that
he/she may not have taken into consideration in proposing their plans to the
Commission. So as far putting adrive-thru on the back of the building I would
deem that a material change. Adding considerable buffering, some of the other
things that you folks have spoken of may not be deemed material change but you
really need to be careful.
Johnson: Well, the material changes occur from time to time and when they do
it's j~;~st going back and starting over and those material changes that I'm most
familiar with occur at the City Council level and at that time the City Council
requests a new Findings of Fact Conclusions of Law as a result of that.
Meridian Planning & ~ng Commission •
February 10, 1998
Page 6
Sometimes that's the only process left available to you is to start over with the - if
there are material changes, is you have to take additional testimony pertinent to
those changes, and that's what you're saying basically. .
Prior: That's correct.
Johnson: Any further discussion?
Borup:. Let me just get clarification from Commissioner Nelson. Are your feeling
still the (inaudible) same?
Nelson: Most of the buffering is the fencing and in this case the -it's not so much
that the drive-thru concept bothers me -but like the fencing and all that, at this
time that's owned and maintained by the neighborhood who really needs to be
protected. Whereas if this was a development upfront where they paid for all that
and they were maintaining it and I don't know I guess I could be swayed either
way but my tendency is nay.
Smith: Mr. Chairman I might just add my thoughts for benefit of Commissioner
Nelson. I am concemed about the stacking. I am concerned about the vehicular
circulation on the site. I'm not against the concept of a drive-thru or the expansion
of this retail function at this site. However I just don't feel that site as designed is
a good design and it has some safety concerns for me and that is the reason for
my citing on the cite of a denial so that's about it for me.
Johnson: Okay we need to bear in mind that everything is really in place legally,
that the only thing we're looking at here is a Conditional Use request for adrive-
thru window. Some of the other things that were brought up in the meeting are
important but they're really not relevant.
Borup: So are we ready for a motion?
Smith: Mr. Chairman, I don't know how f'm going to make the motion. I'd like to
make a motion that the Meridian Planning and Zoning Commission hereby
adopts and approves these Findings of Fact and Conclusions which make a
recommendation to deny their Conditional Use Permit.
Nelson: Second.
Johnson: We have a motion by Commissioner Smith and is seconded by
Commissioner Nelson to conclude in accordance with the Findings of Fact that
the application for Conditional Use Permit be denied. Roll call vote on that
please.
ROLL CALL VOTE: Borup -yea, McCoy -absent, Smith -yea, Nelson -yea
Meridian Planning 8t Zaning Commission •
February 10, 1998
Page 7
MOTION CARRIED: All yea.
Johnson: Is there a decision recommendation you wish to pass on to the City of
Meridian?
Smith: Mr. Chairman, the Meridian Planning and Zoning Commission hereby
recommends to the City Council of the City of Meridian that it deny the
Conditional Use Permit requested by the applicant for the property described in
the application however should the application be approved the applicant shall
satisfy 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 requirements, and the paving and
landscaping requirements and all ordinances of the City of Meridian. The
Conditional Use should be subject to review upon notice to the applicant by the
City.
Nelson: Second.
Johnson: We have a motion and a second to pass recommendation on to the
City Council stated by Commissioner Smith. All in favor? Opposed?
MOTION CARRIED: All aye
ITEM #2: CONTINUED PUBLIC HEARING: REQUEST FOR A CONDITIONAL
USE PERMIT FOR A RETAIL SHOPPING CENTER BY TOM BEVAN - 2030 W.
FAIRVIEW AVENUE:
Johnson:. This is a continued public hearing, so the public hearing is opened. If
the applicant here would like to address the Commission at this time, state your
name please.
Bevan: Tom Bevan.
Johnson: I can't recall Tom whether you were swum last time or not but we need
to do that if you weren't.
Prior. Sir would you just state your name and spell your last name for the record.
Bevan: Tom Bevan, 4202 North Marcliffe, Boise.
Prior. Would you raise your hand. Do you promise, swear or affirm that the
testimony you give will be the truth, the whole truth and nothing but the truth?
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION .
W. ROY BROWN AND RICHARD BROWN
CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF
A NEW ADDITION TO THE EXISTING CHERRY WOOD RETAIL CENTER
SOUTHWEST CORNER OF CHERRY LANE
AND CINDER ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing on
December 9, 1997, at the hour of 7:00 o'clock p.m., the Applicant,
appearing through its representative, Richard Brown, 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 and application for annexation and zoning
was published for two (2) consecutive weeks prior to said public
hearing scheduled on December 9, 1997, the first publication of
which was fifteen (15) days prior to said hearing; that the matter
was duly considered at the December 9, 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
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
2. The property is located within the City of Meridian at
the Southwest corner of Cherry Lane and Linder Avenue. The
property is described in the application for a conditional use
permit, which description is incorporated herein as if set forth in
full. The Applicant is the owner of record of the property.
3. Pursuant to the application, the property is presently
zoned as C-N, Neighborhood Business District. The proposed use of
the property is to construct an addition to an already existing
building with the addition of a drive through window on the west
side of the building. This addition will constitute approximately
6400 square feet of additional space. The Applicant presented a
site plan depicting the location of the proposed use. Pursuant to
the application, the Applicant agrees to pay any additional sewer,
water or trash fees or charges, associated with the use, whether
that use be residential, commercial or industrial.
4. Richard Brown, representative for the Applicant,
testified substantially as follows at the public hearing. The
partnership intends to build an addition to an already existing
building at approximately 1800 W. Cherry Lane, making an addition
of approximately 6400 square feet and requesting to include in that
addition a drive through window towards the rear, west end of the
building.
5. Commissioner Johnson asked about the letter dated
December 5t'' from Bruce Freckleton, Assistant City Engineer, and
Shari Stiles, Planning and Zoning Administrator. Mr. Brown
responded there are 15 points in the letter. The first point
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
addresses water service to the development. Mr. Brown-noted the
addition would not require any changes to water service, as it was
included in the original plans.
6. Commissioner Johnson noted that we need not discuss each
item in the report and asked if Mr. Brown would like to discuss any
specific items. Mr. Brown stated that item #5, the Drainage Plan,
will be designed by a licensed architect and the specifications are
in line. Mr. Brown stated the parking stalls on the west side need
to be 9x19 with a 25-foot driveway and his plan did not meet this
requirement. He requested to work with Planning and Zoning
Administrator, Shari Stiles, on the use of compact parking stalls
as an alternative. Mr. Brown noted that his plan has 50 stalls and
the requirement calls for 32. His design is in excess of the number
required.
7. Commissioner Johnson noted the Commission is getting
away from compact stalls because they do not do the job. Mr. Brown
responded the 8 stalls in question do not need to be included in
the plan because it still would have 10 more than what would be
required.
8. Mr. Brown brought up item #10, the Communication System
for the menu board. Mr. Brown testified the system provided by
MUZAC only requires 3 points decibel above the ambient sound level.
The sound can be heard from 25 feet away and the subdivision fence
is 50 feet away. Mr. Brown noted that the buffer zone behind the
building is sufficient.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
9. Commissioner Johnson asked if other Commissioners had
any questions. Commissioner Borup noted the stacking issue from
Planning and Zoning Administrator, Shari Stiles', recommendations.
Mr. Brown had Terry Butler respond to the stacking issue. Mr.
Butler responded that there was some confusion on the distance
requirement for a Hogi .Yogi restaurant. Mr. Butler noted that
District Planning and Zoning did not know where the 200-foot
stacking requirement came from, but it would likely be changed to
100 feet. Mr. Butler testified the tenant is Hogi Yogi, an ice
cream type vender, and it would not have the traffic or stacking
needs of Burger King, Wendy's or a high impact fast food
restaurant. Mr. Butler noted that the 200-foot stacking
requirement would put them clear out into Cherry Lane.
10. Commissioner Borup asked if the reader board is
indicated on the plans. Mr. Butler responded that no reader board
is on the plans. Commissioner Borup asked for a proposed location
for the reader board. Mr. Butler responded the location would
probably be at the northwest corner of the building.
11. Commissioner Borup asked the Applicants if they have
read the Fire Department's comment #12. Mr. Brown responded the
fire department request deals with the occupying permit being
obtained prior to any tenant occupying the building. Mr. Brown
noted there was a problem in the past, but has no trouble complying
with that requirement.
12. Commissioner Johnson inquired about the landscaping and
lighting for the project. Mr. Brown responded it is all existing
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
and there are no additions. "The site is complete in regards to
those two items."
13. Commissioner Smith wanted to discuss the stacking issue
in more detail. He wanted to know how many cars could be stacked
from the drive through window back. Mr. Brown noted that five cars
could be stacked, based upon his calculations. Commissioner Smith
noted the stacking figures did not appear to add up to him. He
felt that it would not be possible to get 5 cars in front of the
drive through window. Mr. Brown testified he did not believe it
would be a high volume stacking type unit, and Ada County based
their stacking figures on the tenant. Commissioner Smith stated
that 5 cars would probably not fit in front of the drive through
window. Mr. Butler responded that the window would be moved back
to the corner as far as possible. The front driveway has quite a
bit of space, and the parking section could be pulled out to
accommodate the stacking. Commissioner Smith noted that he would
like to get a clarification on the stacking. He would like to know
if it is a requirement or a recommendation. He also noted that in
order to accommodate the stacking it may require putting the window
on the back of the building.
14. Commissioner Smith asked about the menu board's
location. Mr. Butler responded that it would be on the northwest
corner of the building. He noted that the menu board would not be
free standing and the speaker would be on the menu board.
Commissioner Nelson commented on how difficult it is driving
between the Dominos and the car wash. He noted that there was a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
! •
considerable amount of traffic in that area. Mr. Brown responded
that it is a Dominos's management problem. There is adequate
parking behind the building. He noted that since the west part of
the building is closed, the Dominos people cannot circle the
building. He noted that it would be a convenient way for them to
get around the building.
15. Commissioner Smith commented about omitting the compact
parking. Mr. Brown responded that parking is not a problem because
117 spaces were built, and the original building required only 71.
He also noted that any configuration is possible on the west side
of the building because the black top has not been put down.
Commissioner Borup noted that angle parking makes sense to him
in order to avoid wasting space. He asked whether the Milwaukee
Avenue Hogi Yogi had a drive through window. Mr. Brown responded
that it did not and the same franchise would operate at Cherry Wood
Retail Center.
16. Commissioner Johnson then asked whether the public would
like to address the Commission. John Wasson from the Vineyard's
Subdivision addressed the Commission. Mr. Wasson presented a
petition with 90 signatures from the residents of Vineyard's
Subdivision who oppose granting the conditional use permit. Mr.
Wasson wanted to know what was going in the drive through and noted
that there is potential for a great deal of traffic. There is no
guarantee it would remain a Hogi Yogi and at some point it could
become a Wendy's or Burger King. Mr. Wasson noted that Mr. Brown
did not come to the hearing with specific plans, drawings or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
• •
diagrams, delivering exactly what is going into the location. Mr.
Wasson noted that currently there are problems with kids and
criminals jumping fences and going into the backyards of the
neighborhoods. He further noted that garbage collection occurs
between 5:00 a.m. and 7:30 a.m. four times a week, in violation of
the noise ordinance and that it wakes ups his kids. He noted that
putting a drive through window on the west end of the building
would create even more noise. The trash seems to gather in the
residents' backyards, gathers against the fence and creates an
eyesore. He expressed the current lights shine into his bedroom
window until 1:30 a.m. or 2:00 a.m., and that this construction
will only exacerbate matters. He showed photos of fence damage and
requested that a ten-foot cinderblock fence be built to cut out the
noise and to prevent further damage. He noted that it could be
like the one at Albertson's at Ten Mile.
Commissioner Johnson asked where the broken fence was located,
as it was not clear from the pictures. Mr. Wasson responded that
the fence is about 30 meters west of the building. Neighbors have
had to replace fence boards and posts that have been kicked in or
broken by kids climbing the fence. Mr. Wasson also expressed
concern about the stacking, especially during lunch hours and after
school, as the location is close to the high school. Commissioner
Johnson inquired about the process for obtaining the signatures on
the petition. Mr. Wasson responded that all of the people on the
petition had an opportunity to read the letter and petition.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
•
Commissioner Smith asked if any of the problems have ever been
addressed to the tenants. Mr. Wasson responded that on more than
one occasion neighbors have gone to Videoland and Dominos to talk
about the garbage and noise. There was also concern about the
delivery times and that some pizza managed to make it into
neighbors' yards.
Commissioner Johnson asked if anyone else from the public
would like to comment on the application.
Mr. Carlton testified that cars squealing, fumes and noise are
common problems he currently deals with being a neighbor of the
building. He feels that any addition of a drive through would only
depreciate and aggravate the problem. He believes that putting up
a cinderblock wall, much like the one at Albertsons and Ten Mile,
might alleviate the problem.
Commissioner Johnson asked about the lease arrangements with
the current tenants in regards to noise and garbage pickup. Mr.
Brown responded that the lease requires the tenants to comply with
the laws and requirements of the City of Meridian. Commissioner
Johnson asked if there were any specific requirements. Mr. Brown
responded there is nothing specific in the lease and many of the
citizens' concerns are management problems.
Commissioner Johnson inquired about the Hogi Yogi's operating
hours. Mr. Brown responded 10:00 p.m., and there are no special
summer hours that he is aware of. Mr. Brown also stated that there
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
•
will be no parking on the west side of the property because it will
be bermed and that there is a six-foot high fence to help cut down
on potential noise.
Commissioner Smith asked whether Mr. Brown would consider a
CMV or block wall. Mr. Brown responded that he would consider it
as long as there would be some association of cost. He also noted
that he might do something in regards to his side of the current
wood fence.
Ms. Doty Furhman, a neighbor of the proposed drive through,
expressed her concern that the application did not specify the
business and she further expressed her support for a ten-foot block
wall.
17. Bruce Freckleton, Assistant to the City Engineer, and
Shari Stiles, Planning and Zoning Administrator, have submitted
comments, which respective comments are incorporated herein as if
set forth in full.
18. The Meridian Fire Department, Meridian Police
Department, Meridian Sewer Department, Meridian Water Department,
Central District Health Department and Nampa & Meridian Irrigation
District submitted comments, which respective comments are
incorporated herein as if set forth in full.
19. There was no further testimony given at the hearing.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
•
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 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.
3. The City 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 property is currently zoned (CN) Neighborhood
Business District. The (CN), Neighborhood Business District is
described in the Zoning Ordinance, 11-2-408 B 8 as follows:
(CN) Neighborhood Business District - The purpose of the (CN)
District is to permit the establishment of small scale
convenience business uses which are intended to meet the daily
needs of the residents of an immediate neighborhood (as
defined by the policies of the Meridian Comprehensive Plan);
to encourage clustering and strategic siting of such
businesses to provide service to the neighborhood and avoid
intrusion of such uses into the. adjoining residential
districts. All such districts shall give direct access to
transportation arterial collectors, be connected to the
municipal water and sewer systems of the City of Meridian, and
shall not constitute all or any part of a strip development
concept.
9. 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."
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
"vJ. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
•
10. 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.
11. 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.
12. This Application for a conditional use has been judged
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.
13. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
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. The use, would in fact, constitute a conditional
use and a conditional use permit would be required by
ordinance;
b. The use would not be harmonious with and in
accordance with the Comprehensive Plan;
1. Land Use: Residential Policies:
2.3U, Protect and maintain residential property
values, improve each neighborhood's physical
condition and enhance its quality of life for
residents.
The addition of a drive through window, along with
its traffic, noise and increased business, would
impact the surrounding residential neighbor's
quality of life. It could affect their property
values because people my not be inclined to
purchase a residence so close to a drive through
establishment.
2. Commercial Policies:
4.40, Locate new Planned Neighborhood Commercial
Centers on arterials or collectors near residential
areas in such a way as to compliment but not
conflict with adjoining residential areas.
The testimony from neighboring residents indicates
that the current shopping area creates excessive
noise, and that there are existing conflicts.
Further, expansion in the form of a drive through
would only add to traffic, noise and further
conflict with the adjoining residential
neighborhoods.
c. The use should be designed, constructed, operated
and maintained to be harmonious and appropriate in
appearance with the existing or intended character
of the general vicinity, and that such use will not
change the essential character of the same area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
The addition o~f a drive through window would change
the essential character of this Neighborhood Shopping
Area. The stacking of traffic in front of the menu board
is a big concern. As the plans are currently designed,
and per the testimony, the menu board would be located
at the northwest corner of the new addition. ACHD
recommends that the Applicant provide between 50 and 100
feet of stacking before and after the reader board.
These figures are based on traffic volume and proposed
use. It is 50 feet to establishments other than fast
food restaurants or drive through bank facilities. If
the drive through window is placed on the southwest
corner of the new addition and the reader board is
placed on the northwest corner of the new addition, the
minimum 50-foot recommendation would be met, in regards
to the space between the window and the menu reader
board. The amount of stacking recommended in front of
the menu board would be a problem. The 50-foot minimum
would cause the stacking to block traffic around the
west side of the building and could potentially cause
congestion of traffic coming off Cherry Lane.
The situation is further complicated in that the
parking spaces on the west side of the building would
have to either be eliminated or turned into angle
parking. The west side parking, as designed, does not
meet the requirements for length (currently 18 feet of
the 19 feet. required). If the parking is turned into
angle parking that will essentially create a one way
road around the building. Another concern is the exit
from the drive through window. Traffic behind the
building will essentially be coming towards the
customers driving from the drive through window. The
drive through window will cause some traffic concerns in
front of the reader menu board, as well. The overall
flow of traffic around the building will be adversely
affected by the addition of a drive through window.
Another concern is the impact on the car wash and
Maverick Store. The entrance and exists are located in
such a way that any additional traffic from the drive
through would impact customers at both the Maverick
Store and the car wash. The drive through would create
more traffic behind the building causing greater impact
on the surrounding residential neighbors that are
located behind the shopping center. Another concern is
the flow of traffic between the car wash and the
Dominoes. That would be the only exit from the drive
through other than Linder Road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
•
Another concern is the noise coming from the speaker on
the menu board. The decibel level has the potential to
be heard in the residential neighborhood. Shari Stiles
recommended a telephone system, however, the testimony
at the public hearing indicated that a speaker system
would be used. This could create excessive noise for
the neighborhood residential areas.
d. The use would be hazardous or disturbing to
existing or future neighboring uses if the permit is
granted (see notes from (c) above).
e. Sewer and water service is available, but the
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;
g. The use would involve 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. As stated above in (c)
the drive through would create excessive noise, traffic
and disturbance to residents and other customers
visiting the neighboring businesses.
h. The use will have vehicular approaches to the
property, which, as designed, will create an
interference with traffic on surrounding public streets;
i. The development of the property will not result in
the destruction, loss or damage of a natural or scenic
feature of major importance.
It is recommended that the conditional use permit not be
granted in this case.
14. However, conditions may be placed upon the granting of a
conditional use permit if it is determined that the permit should
be issued, to minimize adverse impact on other development. It is
recommended by the Planning and Zoning Commission that the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
•
following conditions of granting the conditional use be required,
if a permit is issued, to wit:
1. Water service to this development is contingent
upon positive results from a hydraulic analysis by
our computer model.
2. Coordinate fire hydrant placement with the Meridian
Public Works Department.
3. Approval of this application needs to be contingent
upon our ability to accept the additional sanitary
sewage generated by this proposed development.
4. Provide parking lot lighting plans to the Meridian
Public Works Department. Illumination of the site
shall be designed to not cause glare or adversely
impact neighboring residential properties or the
traveling public, as determined by the City of
Meridian.
5. A drainage plan designed by a State of Idaho
licensed architect or engineer is required and
shall be submitted to the City Engineer with
calculations (Ord. 557, 10-1-91) for all paved
areas. All site drainage shall be contained and
disposed of on-site.
6. All parking stalls are to be a minimum of 9'x19'
with 25' driveways per City Ordinance. The parking
layout shown does not meet these requirements.
Compact stalls may only be approved with the
approval by the Planning and Zoning Commission.
7. Provide handicapped accessible stalls in accordance
with ADA, including appropriate signage.
8. No communication system is shown on the plans. Any
proposed system shall be shown on the site plan.
Telephones rather than loudspeakers should be
required if the conditional use is granted.
9. The configuration of the drive through window will
encourage increased traffic to access the area
behind the buildings. Additional buffering may be
required as a condition of the application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
•
10. Applicant is to obtain a Certificate of Occupancy
signed by all appropriate staff and agencies prior
to opening. A letter of credit or cash for all
improvements would be needed prior to granting
temporary occupancy.
11. Ada County Highway District has made a special
recommendation to the City that the stacking before
and after the reader board (if a restaurant or bank
is proposed) be a minimum of 50 to 100 feet. This
does not appear to be possible with the existing
site configuration.
15. The above-conditions are concluded to be reasonable and
the Applicant shall meet these conditions.
16. It is recommended that the request for the conditional
use permit be denied.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
• •
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
T~/'1T T ("TT T
COMMISSIONER BORUP
COMMISSIONER MACCOY
COMMISSIONER SMITH
COMMISSIONER NELSON
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED a3SEN~
VOTED
VOTED
VOTED ,y1ldlq~
DECISION AND gECO1~NDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that it deny the
Conditional Use Permit requested by the Applicant for the property
described in the Application. However, should the Application be
approved, the Applicant shall satisfy 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
requirements, and the paving and landscaping requirements, and all
Ordinances of the City of Meridian. The conditional use should be
subject to review upon notice to the Applicant by the City.
MOT ION : 7~D/~~
APPROVED: `~( DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
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 17th day of February, 1998.
ROLL CALL
COUNCILMAN BIRD
COUNCILMAN BENTLEY
COUNCILMAN ROUNTREE
COUNCILMAN ANDERSON
VOTED
VOTED
VOTED
VOTED
MAYOR CORRIE (TIE BREAKER)
(INITIAL)
APPROVED
VOTED
DISAPPROVED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - W. ROY BROWN AND
RICHARD BROWN -CONDITIONAL USE PERMIT
MERIDIAN PLANNING S~ ZONING COMMISSION MEETING: Januar~l3, 1998
APPLICANT: W Rov Brown & Richard Brown AGENDA ITEM NUMBER: 1
REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT
AGENC
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
~~~ ~
,~~
cUs"~
All Materials presented at public meetings shall become property of the City of Meridian.
t ' • •
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
W. ROY BROWN AND RICHARD BROWN
CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF
A NEW ADDITION TO THE EXISTING CHERRY WOOD RETAIL CENTER
SOUTHWEST CORNER OF CHERRY LANE
AND CINDER ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing on
December 9, 1997, at the hour of 7:00 o'clock p.m., the Applicant,
appearing through its representative, Richard Brown, 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 and application for annexation and zoning
was published for two (2) consecutive weeks prior to said public
hearing scheduled on December 9, 1997, the first publication of
which was fifteen (15) days prior to said hearing; that the matter
was duly considered at the December 9, 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
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
•
2. The property is located within the City of Meridian at
the Southwest corner of Cherry Lane and Linder Avenue. The
property is described in the application for a conditional use
permit, which description is incorporated herein as if set forth in
full. The Applicant is the owner of record of the property.
3. Pursuant to the application, the property is presently
zoned as C-N, Neighborhood Business District. The proposed use of
the property is to construct an addition to an already existing
building with the addition of a drive through window on the west
side of the building. This addition will Constitute approximately
6400 square feet of additional space. The Applicant presented a
site plan depicting the location of the proposed use. Pursuant to
the application, the Applicant agrees to pay any additional sewer,
water or trash fees or charges, associated with the use, whether
that use be residential, commercial or industrial.
4. Richard Brown, representative for the Applicant,
testified substantially as follows at the public hearing. The
partnership intends to build an addition to an already existing
building at approximately 1800 W. Cherry Lane, making an addition
of approximately 6400 square feet and requesting to include in that
addition a drive through window towards the rear, west end of the
building.
5. Commissioner Johnson asked about the letter dated
December 5th from Bruce Freckleton, Assistant City Engineer, and
Shari Stiles, Planning and Zoning Administrator. Mr. Brown
responded there are 15 points in the letter. The first point
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
t ~
•
addresses water service to the development. Mr. Brown noted the
addition would not require any changes to water service, as it was
included in the original plans.
6. Commissioner Johnson noted that we need not discuss each
item in the report and asked if Mr. Brown would like to discuss any
specific items. Mr. Brown stated that item #5, the Drainage Plan,
will be designed by a licensed architect and the specifications are
in line. Mr. Brown stated the parking stalls on the west side need
to be 9x19 with a 25-foot driveway and his plan did not meet this
requirement. He requested to work with Planning and Zoning
Administrator, Shari Stiles, on the use of compact parking stalls
as an alternative. Mr. Brown noted that his plan has 50 stalls and
the requirement calls for 32. His design is in excess of the number
required.
7. Commissioner Johnson noted the Commission is getting
away from compact stalls because they do not do the job. Mr. Brown
responded the 8 stalls in question do not need to be included in
the plan because it still would have 10 more than what would be
required.
8. Mr. Brown brought up item #10, the Communication System
for the menu board. Mr. Brown testified the system provided by
MUZAC only requires 3 points decibel above the ambient sound level.
The sound can be heard from 25 feet away and the subdivision fence
is 50 feet away. Mr. Brown noted that the buffer zone behind the
building is sufficient.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
i i
9. Commissioner Johnson asked if other Commissioners had
any questions. Commissioner Borup noted the stacking issue from
Planning and Zoning Administrator, Shari Stiles', recommendations.
Mr. Brown had Terry Butler respond to the stacking issue. Mr.
Butler responded that there was some confusion on the distance
requirement for a Hogi Yogi restaurant. Mr. Butler noted that
District Planning and Zoning did not know where the 200-foot
stacking requirement came from, but it would likely be changed to
100 feet. Mr. Butler testified the tenant is Hogi Yogi, an ice
cream type vender, and it would not have the traffic or stacking
needs of Burger King, Wendy's or a high impact fast food
restaurant. Mr. Butler noted that the 200-foot stacking
requirement would put them clear out into Cherry Lane.
10. Commissioner Borup asked if the reader board is
indicated on the plans. Mr. Butler responded that no reader board
is on the plans. Commissioner Borup asked for a proposed location
for the reader board. Mr. Butler responded the location would
probably be at the northwest corner of the building.
11. Commissioner Borup asked the Applicants if they have
read the Fire Department's comment #12. Mr. Brown responded the
fire department request deals with the occupying permit being
obtained prior to any tenant occupying the building. Mr. Brown
noted there was a problem in the past, but has no trouble complying
with that requirement.
12. Commissioner Johnson inquired about the landscaping and
lighting for the project. Mr. Brown responded it is all existing
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
~ i
and there are no additions. "The site is complete in regards to
those two items."
13. Commissioner Smith wanted to discuss the stacking issue
in more detail. He wanted to know how many cars could be stacked
from the drive through window back. Mr. Brown noted that five cars
could be stacked, based upon his calculations. Commissioner Smith
noted the stacking figures did not appear to add up to him. He
felt that it would not be possible to get 5 cars in front of the
drive through window. Mr. Brown testified he did not believe it
would be a high volume stacking type unit, and Ada County based
their stacking figures on the tenant. Commissioner Smith stated
that 5 cars would probably not fit in front of the drive through
window. Mr. Butler responded that the window would be moved back
to the corner as far as possible. The front driveway has quite a
bit of space, and the parking section could be pulled out to
accommodate the stacking. Commissioner Smith noted that he would
like to get a clarification on the stacking. He would like to know
if it is a requirement or a recommendation. He also noted that in
order to accommodate the stacking it may require putting the window
on the back of the building.
14. Commissioner Smith asked about the menu board's
location. Mr. Butler responded that it would be on the northwest
corner of the building. He noted that the menu board would not be
free standing and the speaker would be on the menu board.
Commissioner Nelson commented on how difficult it is driving
between the Dominos and the car wash. He noted that there was a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
•
considerable amount of traffic in that area. Mr. Brown responded
that it is a Dominos's management problem. There is adequate
parking behind the building. He noted that since the west part of
the building is closed, the Dominos people cannot circle the
building. He noted that it would be a convenient way for them to
get around the building.
15. Commissioner Smith commented about omitting the compact
parking. Mr. Brown responded that parking is not a problem because
117 spaces were built, and the original building required only 71.
He also noted that any configuration is possible on the west side
of the building because the black top has not been put down.
Commissioner Borup noted that angle parking makes sense to him
in order to avoid wasting space. He asked whether the Milwaukee
Avenue Hogi Yogi had a drive through window. Mr. Brown responded
that it did not and the same franchise would operate at Cherry Wood
Retail Center.
16. Commissioner Johnson then asked whether the public would
like to address the Commission. John Wasson from the Vineyard's
Subdivision addressed the Commission. Mr. Wasson presented a
petition with 90 signatures from the residents of Vineyard's
Subdivision who oppose granting the conditional use permit. Mr.
Wasson wanted to know what was going in the drive through and noted
that there is potential for a great deal of traffic. There is no
guarantee it would remain a Hogi Yogi and at some point it could
become a Wendy's or Burger King. Mr. Wasson noted that Mr. Brown
did not come to the hearing with specific plans, drawings or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
diagrams, delivering exactly what is going into the location. Mr.
Wasson noted that currently there are problems with kids and
criminals jumping fences and going into the backyards of the
neighborhoods. He further noted that garbage collection occurs
between 5:00 a.m. and 7:30 a.m. four times a week, in violation of
the noise ordinance and that it wakes ups his kids. He noted that
putting a drive through window on the west end of the building
would create even more noise. The trash seems to gather in the
residents' backyards, gathers against the fence and creates an
eyesore. He expressed the current lights shine into his bedroom
window until 1:30 a.m. or 2:00 a.m., and that this construction
will only exacerbate matters. He showed photos of fence damage and
requested that a ten-foot cinderblock fence be built to cut out the
noise and to prevent further damage. He noted that it could be
like the one at Albertson's at Ten Mile.
Commissioner Johnson asked where the broken fence was located,
as it was not clear from the pictures. Mr. Wasson responded that
the fence is about 30 meters west of the building. Neighbors have
had to replace fence boards and posts that have been kicked in or
broken by kids climbing the fence. Mr. Wasson also expressed
concern about the stacking, especially during lunch hours and after
school, as the location is close to the high school. Commissioner
Johnson inquired about the process for obtaining the signatures on
the petition. Mr. Wasson responded that all of the people on the
petition had an opportunity to read the letter and petition.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
Commissioner Smith asked if any of the problems have ever been
addressed to the tenants. Mr. Wasson responded that on more than
one occasion neighbors have gone to Videoland and Dominos to talk
about the garbage and noise. There was also concern about the
delivery times and that some pizza managed to make it into
neighbors' yards.
Commissioner Johnson asked if anyone else from the public
would like to comment on the application.
Mr. Carlton testified that cars squealing, fumes and noise are
common problems he currently deals with being a neighbor of the
building. He feels that any addition of a drive through would only
depreciate and aggravate the problem. He believes that putting up
a cinderblock wall, much like the one at Albertsons and Ten Mile,
might alleviate the problem.
Commissioner Johnson asked about the lease arrangements with
the current tenants in regards to noise and garbage pickup. Mr.
Brown responded that the lease requires the tenants to comply with
the laws and requirements of the City of Meridian. Commissioner
Johnson asked if there were any specific requirements. Mr. Brown
responded there is nothing specific in the lease and many of the
citizens' concerns are management problems.
Commissioner Johnson inquired about the Hogi Yogi's operating
hours. Mr. Brown responded 10:00 p.m., and there are no special
summer hours that he is aware of. Mr. Brown also stated that there
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
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• •
will be no parking on the west side of the property because it will
be bermed and that there is a six-foot high fence to help cut down
on potential noise.
Commissioner Smith asked whether Mr. Brown would consider a
CMV or block wall. Mr. Brown responded that he would consider it
as long as there would be some association of cost. He also noted
that he might do something in regards to his side of the current
wood fence.
Ms. Doty Furhman, a neighbor of the proposed drive through,
expressed her concern that the application did not specify the
business and she further expressed her support for a ten-foot block
wall.
17. Bruce Freckleton, Assistant to the City Engineer, and
Shari Stiles, Planning and Zoning Administrator, have submitted
comments, which respective comments are incorporated herein as if
set forth in full.
18. The Meridian Fire Department, Meridian Police
Department, Meridian Sewer Department, Meridian Water Department,
Central District Health Department and Nampa & Meridian Irrigation
District submitted comments, which respective comments are
incorporated herein as if set forth in full.
19. There was no further testimony given at the hearing.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
• •
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 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.
3. The City 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 property is currently zoned (CN) Neighborhood
Business District. The (CN), Neighborhood Business District is
described in the Zoning Ordinance, 11-2-408 B 8 as follows:
(CN) Neighborhood Business District - The purpose of the (CN)
District is to permit the establishment of small scale
convenience business uses which are intended to meet the daily
needs of the residents of an immediate neighborhood (as
defined by the policies of the Meridian Comprehensive Plan);
to encourage clustering and strategic siting of such
businesses to provide service to the neighborhood and avoid
intrusion of such uses into the adjoining residential
districts. All such districts shall give direct access to
transportation arterial collectors, be connected to the
municipal water and sewer systems of the City of Meridian, and
shall not constitute all or any part of a strip development
concept.
9. 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."
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
e ~ ~
•
10. 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.
11. 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.
12. This Application for a conditional use has been judged
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.
13. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
f i ~
• .
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. The use, would in fact, constitute a conditional
use and a conditional use permit would be required by
ordinance;
b. The use would not be harmonious with and in
accordance with the Comprehensive Plan;
1. Land Use: Residential Policies:
2.3U, Protect and maintain residential property
values, improve each neighborhood's physical
condition and enhance its quality of life for
residents.
The addition of a drive through window, along with
its traffic, noise and increased business, would
impact the surrounding residential neighbor's
quality of life. It could affect their property
values because people my not be inclined to
purchase a residence so close to a drive through
establishment.
2. Commercial Policies:
4.40, Locate new Planned Neighborhood Commercial
Centers on arterials or collectors near residential
areas in such a way as to compliment but not
conflict with adjoining residential areas.
The testimony from neighboring residents indicates
that the current shopping area creates excessive
noise, and that there are existing conflicts.
Further, expansion in the form of a drive through
would only add to traffic, noise and further
conflict with the adjoining residential
neighborhoods.
c. The use should be designed, constructed, operated
and maintained to be harmonious and appropriate in
appearance with the existing or intended character
of the general vicinity, and that such use will not
change the essential character of the same area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
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• •
The addition of a drive through window would change
the essential character of this Neighborhood Shopping
Area. The stacking of traffic in front of the menu board
is a big concern. As the plans are currently designed,
and per the testimony, the menu board would be located
at the northwest corner of the new addition. ACHD
recommends that the Applicant provide between 50 and 100
feet of stacking before and after the reader board.
These figures are based on traffic volume and proposed
use. It is 50 feet to establishments other than fast
food restaurants or drive through bank facilities. If
the drive through window is placed on the southwest
corner of the new addition and the reader board is
placed on the northwest corner of the new addition, the
minimum 50-foot recommendation would be met, in regards
to the space between the window and the menu reader
board. The amount of stacking recommended in front of
the menu board would be a problem. The 50-foot minimum
would cause the stacking to block traffic around the
west side of the building and could potentially cause
congestion of traffic coming off Cherry Lane.
The situation is further complicated in that the
parking spaces on the west side of the building would
have to either be eliminated or turned into angle
parking. The west side parking, as designed, does not
meet the requirements for length (currently 18 feet of
the 19 feet required). If the parking is turned into
angle parking that will essentially create a one way
road around the building. Another concern is the exit
from the drive through window. Traffic behind the
building will essentially be coming towards the
customers driving from the drive through window. The
drive through window will cause some traffic concerns in
front of the reader menu board, as well. The overall
flow of traffic around the building will be adversely
affected by the addition of a drive through window.
Another concern is the impact on the car wash and
Maverick Store. The entrance and exists are located in
such a way that any additional traffic from the drive
through would impact customers at both the Maverick
Store and the car wash. The drive through would create
more traffic behind the building causing greater impact
on the surrounding residential neighbors that are
located behind the shopping center. Another concern is
the flow of traffic between the car wash and the
Dominoes. That would be the only exit from the drive
through other than Linder Road.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
• •
Another concern is the noise coming from the speaker on
the menu board. The decibel level has the potential to
be heard in the residential neighborhood. Shari Stiles
recommended a telephone system, however, the testimony
at the public hearing indicated that a speaker system
would be used. This could create excessive noise for
the neighborhood residential areas.
d. The use would be hazardous or disturbing to
existing or future neighboring uses if the permit is
granted (see notes from (c) above).
e. Sewer and water service is available, but the
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;
g. The use would involve 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. As stated above in (c)
the drive through would create excessive noise, traffic
and disturbance to residents and other customers
visiting the neighboring businesses.
h. The use will have vehicular approaches to the
property, which, as designed, will create an
interference with traffic on surrounding public streets;
i. The development of the property will not result in
the destruction, loss or damage of a natural or scenic
feature of major importance.
It is recommended that the conditional use permit not be
granted in this case.
14. However, conditions may be placed upon the granting of a
conditional use permit if it is determined that the permit should
be issued, to minimize adverse impact on other development. It is
recommended by the Planning and Zoning. Commission that the
FINDINGS OF FACT AND CONCLUSTONS OF LAW - Page 14
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
~ ~~ ~
following conditions of granting the conditional use be required,
if a permit is issued, to wit:
1. Water service to this development is contingent
upon positive results from a hydraulic analysis by
our computer model.
2. Coordinate fire hydrant placement with the Meridian
Public Works Department.
3. Approval of this application needs to be contingent
upon our ability to accept the additional sanitary
sewage generated by this proposed development.
4. Provide parking lot lighting plans to the Meridian
Public Works Department. Illumination of the site
shall be designed to not cause glare or adversely
impact neighboring residential properties or the
traveling public, as determined by the City of
Meridian.
5. A drainage plan designed by a State of Idaho
licensed architect or engineer is required and
shall be submitted to the City Engineer with
calculations (Ord. 557, 10-1-91) for all paved
areas. All site drainage shall be contained and
disposed of on-site.
6. All parking stalls are to be a minimum of 9'x19'
with 25' driveways per City Ordinance. The parking
layout shown does not meet these requirements.
Compact stalls may only be approved with the
approval by the Planning and Zoning Commission.
7. Provide handicapped accessible stalls in accordance
with ADA, including appropriate signage.
8. No communication system is shown on the plans. Any
proposed system shall be shown on the site plan.
Telephones rather than loudspeakers should be
required if the conditional use is granted.
9. The configuration of the drive through window will
encourage increased traffic to access the area
behind the buildings. Additional buffering may be
required as a condition of the application.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
~ ~ ~ ~
• •
10. Applicant is to obtain a Certificate of Occupancy
signed by all appropriate staff and agencies prior
to opening. A letter of credit or cash for all
improvements would be needed prior to granting
temporary occupancy.
11. Ada County Highway District has made a special
recommendation to the City that the stacking before
and after the reader board (if a restaurant or bank
is proposed) be a minimum of 50 to 100 feet. This
does not appear to be possible with the existing
site configuration.
15. The above-conditions are concluded to be reasonable and
the Applicant shall meet these conditions.
16. It is recommended that the request for the conditional
use permit be denied.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
., r •
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
COMMISSIONER BORUP
COMMISSIONER MACCOY
COMMISSIONER SMITH
COMMISSIONER NELSON
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
d
VOTED ~`!
VOTED
VOTED ~~
VOTED ~
DECISION AND RECOHIl~IDATION
The Meridian~Planning and Zoning Commission hereby recommends
to the City Council~~ the City of Meridian that it deny the
approved, the Applicant shall satisf the conditions set forth in
the Findings of Fact and Conclusions of aw or similar conditions
Conditional Use Permit requ ted by the Applicant for the property
described in the Application. H ever, should the Application be
as found justified and appropriate by the Cit Council and that the
property be required to meet the water and sewe requirements, the
Fire and Life Safety Codes, Uniform Fire Code, parking
requirements, and the paving and landscaping requireme ts, and all
Ordinances of the City of Meridian. The conditional use hould be
subject to review upon notice to the Applicant by the City.
MOTION:
APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17
W. ROY BROWN AND RICHARD BROWN - CONDITIONAL USE PERMIT
r
MERIDIAN PLANNING 8. ZONING COMMISSION MEETING: February 10, 1998
APPLICANT: ROY BROWN & RICHARD BROWN AGENDA ITEM NUMBER: 1
REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT
FOR INCLUSION OF A DRIVE THRU WINDOW ON THE WEST END OF A NEW ADDITION TO
EXISTING CHERRY WOOD RETAIL CENTER
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY: ~ 1(l~~ !,~ ~iC~ a-nc~' t,,~" `-~-IVFv~U'l S a
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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:
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All Materials p esented at public meetings shall become property of the City of Meridian.
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Brown
Investments
FINANCIAL CONSULTANTS/MANAGERS
January 15, 1998
Walt W. Morrow
President
Meridian City Council
33 East Idaho Street
Meridian, Idaho 83642
RE: Conditional Use Permit
Cherry Wood Center
1800 West Cherry Lane
Dear President Morrow:
'~~FGEI VE~
JAN 2 0 1998
:IT'r ~~ ~i~RIp1An
On January 20, 1998 the city council will consider the granting of a conditional use
permit for inclusion of a drive up window on the west end of a new addition of the
existing Cherry Wood retail center.
At the January 13, 1998 Planning & Zoning commission meeting, the conditional use was
approved by a 2-1 vote. Included in the findings of fact and conclusions of law
considered prior to the commission vote were eleven (11) suggested conditions; I would
like to address each of them.
1. Water service for the entire new building was modeled at the time of Phase I
construction and found to be more than adequate.
2. Fire hydrant placement coordinated with Public Works and is completed.
3. Sever capacity for entire project of Phase I construction and found to be more
than adequate.
4. All parking lot lighting is currently in place and approved by Meridian City.
5. Drainage plans were submitted and approved for entire project at time of
construction of Phase I. Catch basins as designed and approved will be
installed with Phase II construction.
6. All parking stalls ARE a minimum of 9'x19' and all driveways ARE 25' wide
or more. We are NOT requesting any compact stalls. This project as
constructed and designed has 117 full size parking stalls by regulation we are
only required to provide 71 parking stall; we have an excess of 46 spaces.
#24 South 600 East Suite 7 Salt Lake City, Utah 84102 (801) 537-1078 (801) 537-1079 Fax No. (801) 537-1079
~'
7. All ADA requirements will be fully complied with.
8. The communication systems, as designed, will be a single speaker mounted
with the reader boarder attached to the outside wall of the building. Muzak
Engineering told us their system requires 3 decibels above the ambient sound
level: a volume that cannot be heard BEYOND 25 feet. As designed the
speaker will be 78 feet from the nearest fence at the property line. No sound
from the speaker will reach the fence-line let alone travel though the fence,
across the residential back yard and through the walls of a house.
9. This project was designed and approved to have traffic flow completely
around the building. As this drive up window may add some traffic volume to
the rear of the building, we already agreed in our letter of December 17, 1997
to Meridian City to improve ow fencing to help block light penetration and
sound deadening capability. We will complete this change concurrent with
Phase II construction.
10. All certification of occupancy requirements will be strictly complied with.
11. ACRD in their letter of December 17, 1997 made a recommendation (not a
requirement) for 50 feet of stacking before and after the reader board, but
allowed for adjustment of the stacking based on tenant usage. We believe that
we have adequate stacking space for the proposed use by Hogi Yogi Yogurt
and Sandwich Store. See attached diagram.
We are requesting a drive up window for a low volume business very similar to the one
on the Subway Sandwich Store at the Fred Meyer Center in East Meridian; except that
we have more stacking capability and much better ingress and egress than Subway.
Additionally, Kentucky Fried Chicken in South Meridian is a high volume food service
with a similar drive up that again does not have near the stacking capability available at
our building.
The use of a drive up window is important to the viability of Hogi Yogi due to the
amount of inclement weather experienced in our area.
Thank you for your consideration in this matter.
Very T Yours,
C~
ichard A.
Brown Investments
Attachment (1)
cc: Dean Ehlert
Meridian P&Z
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Meridian Planning & Z~g Commission
January 13, 1998
Page 2
sense to move it forward. You may stick around if you wish but testimony will probably
be brief and the item will probably be tabled, although that will have to be voted upon.
February 10, I said the 9"'. .
ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL
USE PERMIT FOR INCLUSION OF A DRIVE THRU WINDOW ON THE WEST END
OF A NEW ADDITION TO EXISTING CHERRY WOOD RETAIL CENTER BY W. ROY
BROWN AND RICHARD BROWN - SW CORNER OF CHERRY LANE AND CINDER
ROAD:
Johnson: You have the findings of fact and conclusions of law as prepared by the City
Attorney, are there any comments or any discussion? Commissioner Borup?
Borup: I am not sure if I can agree 100°~ with all of the findings. Essentially it is saying
to deny or if it was approved with a list of conditions. I certainly agree with the list of
conditions and maybe add some. Mainly the buffering I think is one condition that could
be addressed more. I don't know if Commissioner Smith had any other thoughts along
those lines.
Smith: 1 think my, I don't see how the conditions that are listed here could address my
biggest concern and that is the stacking space that is recommended by ACRD and the
safety considerations of routing the traffic around the rear of the buildings. So although I
don't agree with all of the issues that were addressed in the findings I don't think thaf
those tvvo things could be overcome by any conditions that we set forth on this so 1 don't
see how I could support not approving these findings of fact.
Johnson: We need a motion one way or another by either of you. These findings as
prepared recommend denial. You do have the alternative of tabling them if you don't
agree with the content and the way it was put together. But actually denying the
findings might result in the same thing (Inaudible). ~ -
Borup: Either way it goes onto City Council, if we approve this it goes on with the denial
recommendation and the City Council votes through the normal process. I don't really
have, I don't feel like I would like to do any major amending. (Inaudible)
Smith: 1 am not into passing the buck but we didn't have all the information on vehicular
stacking before, it wasn't clear and now it is and I just can't (inaudible) There was a 100
foot and 200 foot (inaudible) and now it seems we have it defined a little more clearly
here.
Borup: I didn't have quite the concern as some of the others but because of the use.
Johnson: Well there was a lot of testimony taken that really wasn't pertinent to the
issue, it had to do with maintenance on the property that i~ existing on problems with
existing tenants there. This is just an application for a drive thru window. Our job is to
~lleridian Planning & Zo ' g Commission
January 13, 1998
Page 3
look at the application with (inaudible). I find these findings to be somewhat subjective in
nature rather than objective and that is not to say that in itself is enough to have them
re-worked or whatever, but it is your pleasure gentlemen as to what you want to do. We
need to move on so we need a motion one way or another.
Smith: Mr. Chairman, I would like to make a motion that the Meridian Planning and
Zoning Commission hereby adopts and approves findings of fact and conclusions of
law.
Borup: Second
Johnson: Moved and seconded that we approve the findings of fact and conclusions of
law as prepared by the City Attorney, roll call vote.
ROLL CALL VOTE: Borup -Nay, MacCoy -Absent, Smith -Yea, Nelson -Absent,
Johnson -Nay
MOTION CARRIED: 2 Nay, 1 Yea
Johnson: With that I guess the option is to have these findings prepared again or does it
die here? What is the procedure attorney?
Prior. My understanding is it then gets forwarded to the City Council and they will have
an opportunity to review and make their own determination.
Johnson: Well if that is the case then we will leave it at that.
ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL
USE PERMIT FOR A TV BROADCASTING STATION HOPE TV 22 WITH
MICROWAVE DISH STRUCTURES TO BE PLACED ON ROOF, SATELLITE DISHES
ON ROOF AND NEAR BUILDING BY WILLIAM HULL - 230 S. MERIDIAN ROAD:
Johnson: Any comments or suggestions regarding these findings of fact as prepared?
Smith: Mr. Chairman, I have a questions given the comments that were made at our last
meeting regarding Meridian Road being a gateway corridor into the City what options
are open to us. Those satellite dishes are not the most attractive thing on the roof and I
don't really have a problem with them and the way that whole area of town is developed
and maintained now but in the future we want to start cleaning up our act so to speak
would we have an opportunity to kind of review these things since this is a conditional
use permit it renews on a yearly basis. Would that. be when it is up for renewal would
that be our opportunity if and when we start doing that kind of upgrade, an opportunity
to kind of get some changes made or if someone deems them appropriate.
a ...
n Bro
~_ Investments
FINANCIAL CONSULTANTS/MANAGERS
December 17, 1997
Dean Ehlert
Meridian City Planner
33 East Idaho Street
Meridian, Idaho 83642
Dear Dean,
Enclosed find a copy of a letter that was sent to our tenants on Cherry Lane addressing
the issues raised by some of the neighbors at your recent planning and zoning
commission meeting. We will follow up with each tenant over the next few weeks to see
that they comply.
Additionally, there are some other measures we will implement as the property owners to
improve conditions for our neighbors. All of these items relate to noise control and
reduction of light impact, as do some or our requests in the attached tenants' letter, and
will be completed to facilitate the granting of our conditional use permit.
As our fence is higher by two feet than the one behind Maverick and the car wash,
and along with our beautification strip berming provides a good barrier for sound
and lights; we believe improving the existing fence by placing 6' high boards on
our side of that fence and overlapping the fencing slots on the residential side will
accomplish the following:
1- Block all lighting from penetrating the fence.
2- Effectively reduce sound penetration by double its current capability.
3- Stop breakage or pushing off of boards on residential side.
4- Strengthen entire fence and improve and lengthen the structural life of
the fence.
5- Retain the more appealing residential appearance and beauty of that
type of neighborhood fencing.
Following the construction of the new building, we will either add a second
dumpster bin or a larger one to maintain pickups at a frequency of only twice per
week. We will, of course, work within the requirements and capabilities of
Meridian City Sanitation Department to accomplish this.
Driveways around the back and eastside of buildings actually exceed 30' in width
to provide for orderly traffic flow., We will improve on that by moving all
Dominoe's delivery vehicle parking to parallel status immediately adjacent to the
rear and east side of their part of the building.
#24 South 600 East Suite 7 Salt Lake City, Utah 84102 (801) 537-1078 (801) 537-1079 Fax No. (801) 537-1079
• •
In addition to controlling the shut off time of all lights to correspond with tenants'
closing times and security concerns; we are working with Young Electric Sign
Company to "dim" or "hood" security lights at the rear of the buildings to reduce
glare and light leakage over the fence.
Dean, I believe these improvements will be beneficial to our neighbors, and fairly address
their concerns. We obviously want them to enjoy and patronize the business
establishments leasing at Cherry Wood Center.
Thank you for your professional concern and assistance with this matter.
S~ r ,
Gig"
ichard A. wn
Brown Investmen
ENCLOSURE
cc: John Prior
Meridian City Attorney
Bro n
Investments
FINANCIAL CONSULTANTS/MANAGERS
December 18, 1997
Larry A. Tansey
Great Clips
5305 North Cattail
Boise, Idaho 83703
Dear Dr. Tansey,
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At a recent planning and zoning commission meeting for Meridian City, I learned of
some complaints from our close residential neighbors.
Fortunately, none of their concerns were items that we cannot remedy with a little effort
and awareness on your part.
• First, we need to be cognizant of the noise levels such as loud cars and honking, no
parties or boisterous activities outside the building, and slamming of the back doors.
• Second, the trash dumpster must have the covers closed at all times to prevent trash
from blowing out o~ the dumpster. Any papers or trash azound buildings, fences or
parking lot should be picked up and placed into the dumpster.
• Third, schedule all deliveries from 8:00 a.m. through 5:00 p.m. to eliminate truck
noise during "quiet" times.
• Fourth, all outside lights should be off no longer than one (1) hour after closing times.
Please adjust timers accordingly.
• Last, do not shine caz lights toward homes or fences any longer or more often than is
absolutely necessary.
With some better application of these few conditions, we can become good neighbors in
our azea of Meridian. Please share these items with all your staff; and thank you for your
cooperation in resolving these problems.
L~
and A. Br
Brown Investments
#24 South 600 East Suite 7 Salt Lake City, Utah 84102 (801) 537-1078 (801) 537-1079 Fax No. (801)537-1079
~' ~' 2 Gam-.
~ ~ t~ECEIVED
DEC - 91991
VINEYARD HOMEOWNERS ASSOCIATION PETITION QiY
We, the homeowners and members of the Vineyards Residential Subdivision, D O
support the proposed Conditional Use Permit requested for Lots 3, 4 and 5, Block 1, of the
Corner at Vineyards, Boise Meridian, Ada County, Idaho, generally located at the SW corner of
Cherry Lane and Linder Road, 1780 West Cherry Lane, which includes aDrive-Thru Window at
the west end of the new addition. The influx of traffic and noise would directly affect the quality
of life for the homeowners of our subdivision.
Some of the specific problems we have already encountered or expect to encounter with the
types of current and proposed businesses are:
People jump the fences of the adjacent properties to gain easier access to the retail
business. The fence is destroyed (breaking out of pickets, etc., please see attached
pictures) to either gain access, or by vandalism, which this type of strip mall has a
history of bringing into neighborhoods.
Excessive noise. These are noises which are over and above the ordinary traffic noises.
Garbage pick-up for all the business located on that corner ranging from 3:45
AM to 7:10 AM. Most recently the usual pick-up time has been 4:45 AM.
The Dominos Pizza employees social gathering outside the back door to the
business after closure of the business. (We assume it is a party, due to the
breaking of glass bottles as they throw them into the dumpster, the use of pizzas
as Frisbees as they throw them over the fences and into the adjacent yards, the
honking of horns and the use of loud music.)
We also have a noise problem created by the semi trucks parking on the backside
(South side) of Dominos during the early morning hours (specifically when it
arrives at its usual time of 2:00 AM). The vibrations created from the engine of
these trucks actually rattle the windows of the homes on the adjacent properties.
Also the noise which generates from the use of the pavement behind (South of)
the businesses as a race track during the early morning hours.
We have a tremendous problem with the loud, obnoxious noise created by the
timers at the car wash. This "beeping" noise can be heard in the homes on the
adjacent properties with their windows and doors shut. Also the noise created by
the vacuums.
The excess noise created by car radio's being played to an extreme at all
locations along the center.
The unsightly bins of trash which are NOT maintained with a covering to
prevent the garbage from blowing onto the adjacent properties.
The lighting attached to the buildings shines into the homes on the adjacent
properties. The homeowners directly affected have found the need to not only
close their blinds to the light, but also to add a curtain behind the blinds to keep
the lighting to a minimum.
F • •
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• •
We further anticipate:
The added traffic noises (doors slamming, radio's, voices, etc.) which will be created by
the Drive-Thru along the West and South side of the properties (to include the traffic
using the pavement behind the car wash and the Maverick).
The added lighting problem created by headlights of vehicles both using the Drive-Thru
and also parking of vehicles on the south and west sides of the property.
IF THE CITY OF MERIDIAN does not exercise our request to NOT allow the Conditional Use
Permit, we respectively ask the owner of the property/s to work with the Vineyards Home
Owners Architectural Committee, using our requests to minimize the impact to our quality of
life. These requests are:
We request that a 10 foot cinder brick wall (identical to the brick wall surrounding the
Albertson's at Cherry Lane and 10 Mile, pictures attached) be placed along the entire
perimeter of the property line (from the NW corner of the center ((on Cherry Lane)) to
the SE Corner of the Maverick Store (pavement ending on Linder Road), please refer to
attached map of the property. This wall would be maintained, at all times, in good
condition, i.e.: paint not chipping, bricks not chipped out or missing, etc.
We also respectively request a row, at least 10 foot in height, of Arborivtae be placed in
front of the brick wall on 4 foot centers, to be maintained at all times in healthy
condition, to never be trimmed below 10 feet in height and to be replaced with a 10 foot
specimen should they need replacing due to death or unsightly appearance. Unsightly
appearance to be directed from the owners of the adjacent homes located in the
Vineyards Subdivision.
We also request the plans be changed to NOT include parking to the rear (south) or the
west side of the property.
We also request all lighting placed on the building or in the paved portion of the lot have
reflectors to reflect the lights away from the properties adjacent to the building as per the
attached parking lot lighting ordinance.
We also request the Ada County Noise Ordinance (Ord. 331, June 3, 1997) and any
future amendments to such be adopted as the customary statute for condition of business
use. (Please see attached, 3 pg.)
We also request any deliveries, cleaning of the pavement, garbage pick-up be limited to
the hours of 8:00 AM to 8:00 PM.
We respectively request all the above conditions be attached to the property/s so as to minimize
the impact to the quality of life for the residences of the Vineyards.
ATTACHED PLEASE FIND a list (Attachment A) of concerned citizens who reside in the
subdivision commonly known as the Vineyards, located in Meridian, Idaho:
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ORDINANCE NO. 331
AN ORDINANCE AMENDING TITLE 5 OF THE AOA COUNTY
CODE ADDING CHAPTER 12 TO MAKE IT UNLAWFUL FOR ANY PERSON TO
MAKE OR CAUSE LOUD OR OFFENSIVE NOISE WITHIN ADA COUNTY
BETWEEN 10:0U P.M. AND 7:00 A.M..
BE IT ORDAINED BY THE BOARll OF COUNTY COMMISSIONERS
OF AD1~ COUNTY', IDAHO, THAT TITLE ~ OF THE ADA COUNTY CODE BE
AMENDED TO ADD CHAPTER 12 AS FOLLOWS:
CHAPTER
NOISE
SECTION:
5-12-1: Short Title ?os:,a~ Fax Note ~6~~ "tl`"i; - -~l 7 Pa9~' ~
5-12-2: Authority and Purpose ''° - - ~ F~ ~°
5-12-3: Prohibited Acts c°'°°P` ~° ~'~. ~•,'°~"J~
5- t 2-4: Exemptions ~1O1e «
5- I2-5:
Penalty
a~ « 3 ~Y - Fax «
S"
Section 5-12- I : SHORT TITLE: This Chapter shall be known and cited as the
Ada County Noise Ordinance (Ord. 331 ~ June 3 l ~ 9~7
Section 5-12-'?: AUTHORITY AND PURPOSE- This Chapter is enacted
pursuant to authority c~~nterred by article 12, section 2, Idaho Constitution, and sections
31-714, 3I-Rttl, ldalta Code. Iis purpose is to pravidr for and rurther thr safety, health,
peace, good order, i:~~mfort and c~~nvettience of the inhabitants of Ada County by
providing ~i Pr~~cedure for abatitjg laud or offenuive noises within the County between the
hours of lO:Ot} p.m. ani! 7:00 a.m.
Section 5-12-:i: PROHI$ITED ACTS: Between the hours of 10:04 p.m. one
day and 7:00 :i.in. the next day, it shall he unlawful for any person or business to make'
or cause loud or offensive noise by means of voice, musical instrument, horn, radio,
loudspeaker, xutc~mohile, machinery, other s~~und amplifying equipmrnt, ~r any other
means which disturhs the peace, quiet, and comfort of any reasonable person of normal
scnsitiver~ess residing in the area. Loud or offensive noise is that which is plaiNy audible
within any residencC, exher than thr source of the sound, or upon .~ public right of way or
street at a distance of ~~ne hundred 1.100) feet or more from the source of such sound.
ORDINANCE NO. 331 -PAGE l
J 1AbblmiWaix~~WU'd 4~w
•
Secti~~n 5-12-4~ EXEMPTIONS: This chapter shall not apply to emergency
vehicles, white acting; in response to an emergency; {c~comotives or other railway
equipment; airplanes and other FAA regulated aircraft; nor public displays of fireworks
authorized and appr~~ved under Chapter 2b, Title 39, Idaho Code.
Section 5-i2-5: PENALTY: Any person violating any provision of this Chapter
shag! be dcc~»ed guilty of a misdemeanor and, upon conviction thereof, shall be
punishable as provided in Section 18-113, Idaho Code.
APPROVED THIS 3 DAY OF '~Uie , 1997.
Board of Ada Co~~nty Commissioners
By:
Vern~an L. Bisterfeldt, Chair n
By
Frank Walker, C~~mmissioner
By:
Rog~f ~unmogts~ommissiorter
ATTEST
J. David Navarro, da County C1Crk
' $ 1$-t l3, Idaho C~tlc provides for imrrisalrnent in the County jai! nut rxcceding six (G) cttaachs, or by a Cine
nut exceeding lhrce huadre~i ~lultars {$300.tlol. ar by bcxh.
ORDINANCE NO. 331 -PAGE 2
d ~ 1khhlmixNKnwircl,cl~'w
•
ORDINANCE NO. 332
AN 4RDINAI~fCE AMENDING TITLE 5, CHAPTER 12, SECTION 5-12-4, OF THE
ADA COUNTY CODF. TC~ INCLUDE ORGANIZED AND SCHEDULED SPt)KT1NG EVENTS
AND AGRICULI"ORAL FAIRS AS EXEMPTIONS TO THE ADA COUNTY NO1SE
ORDINANCE.
$E IT (7RDAINL-'D BY THE BQARD OF COUNTY COMMISSIC?NERS (~F AllA
COUNTY, IDAHt~ THAT TITLE 5, CRAFTER i2, SEC T iON S-IZ-4 OF THE At'3A COUNTY
CODE Blr AMENDED AS FOLLOWS:
CI~APTEP! ! Z
N(3iSiE
S~Ction 5-12-4: EXEMPTIONS shall be amended as follow;;
Section 5-12-4: EXEMPTI4iVS: This chapter shaii not apply to emergency vehicles,
while acting in response to an emergency; lc.~ccamotives or other railway equipment: airplanes
and outer FAA regulated aircraft; scheduled. organized sporting events• a~riculturat fairs: nar
public displays of t"ueworks authorized :~rtd approved under Ch.3pter 26, Tile 39, Idaho Code.
ADOPTED THIS TWENTY-SiX3'F! DAY Of JUNE 1997.
Board of Ada County Commissiunera
By:
Vernon L. Bisterfeldt, Chai an
sy:
By:
ATTI~sr:
. David NAVarrO, A a County Clerk
Pl1BLISH DATE: .IDLY 2, 1997
ORDINANCE NO. 332 -PAGE 1
n: ~cudinant Un~i:~eanx3.d~~c
3.
4.
S.
htin : The illumination of pang lot shall be designed
so that Ilse light from lighting f xtures in the parking lot
does not reflect direct rays or spill over into adjacent
Residential Districts. All parking lot lighting
arrangements shall bo installed as approved by tAe City
Engineer. The following standards ~haii apply to a12
off-street parking lots:
a.• All lighting fixtures shall not be placed higher than h
thirty-five feet (35'} above the finished grade; u
b. Fixtures shall be of the non-spill type sad hooded to
prevent glares
c. Caudle power per fixture shall be in accordance will:
the standards established by the City; and
d. 1'liisimum security lighting shall be provided fro:a
eleven O'clock (21:00) p.m. to seu:s3se- as approved by
the City Engineer.
Pav_ing: Ail open off-street pa=king areas shall be paved in
accordance s+ith the standards established by the City.
StriflilW: PazkiAq Spaces Shall be marked with striping s+hich
outlines each parking space sad designates direction of traffic
f
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•
MERIDIAN PLANNING & ZONING COMMISSION MEETING: December 9,1997
APPLICANT: ROY BROWN ~ RICHARD BROWN AGENDA ITEM NUMBER: 4
REQUEST: CONDITIONAL USE PERMIT FOR A DRNE THRU WINDOW
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
COMMENTS FORTHCOMING
"REVIEWED"
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS ~ I L
I ,1
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SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS ~~
~~
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~~~~
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OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
i HUB OF TREASURE VALLEY
M G. BERG, JR., City Clerk
L. SMITH, City Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFI, 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, Polioe Chief
WAYNE G. CROOKSTON, JR., Attorney
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
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
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: December 2. 1997
TRANSMITTAL DATE: 11/18/97 HEARING DATE: 12/9/97
REQUEST: Conditional Use Permit for inclusion of a drive thru window on the west end of
anew addition to existing Cherry Wood retail stria center
BY: W. Rov Brown & Richard A. Brown
LOCATION OF PROPERTY OR PROJECT: 1780 West Cherry Lane, SW corner Chem Lane and
Linder Road
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
BOB CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUII.DING 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 . & FINAL PLAT)
BUREAU OF REC T (PI~I,D~/I. &,k'~TAL,PI)!
CITY FILES j/ ~/ (,~j/
YOUR CONCISE
~.
0 ~ 2 i ~~~7
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Department (208) 887-2211
_ Motor Vehicle/Drivers License (208) 888-4443
• i
' HUB OF TREASURE VALLEY
WILLIAM G. BERG, JR., City Clerk
JANICE L. SMITH, City Treasurer
GAgY-U.`SMITH, P.E., City Engineer
gHUCE 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" CORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
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
MALCOLM MACCOY
KEITH BORUP
RON MANNING
BYRON SMITH
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: December 2. 1997
TRANSMITTAL DATE: 11/18/97 HEARING DATE: 12/9/97
REQUEST: Conditional Use Permit for inclusion of a drive thru window on the west end of
anew addition to existing Cherrv Wood retail strip center
BY: W. Rov Brown & Richard A. Brown
LOCATION OF PROPERTY OR PROJECT: 1780 West Cherry Lane. SW corner Cherry Lane and
Linder Road
.IIlVI JOHNSON, P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
BOB CORRIE, MAYOR
RONALD TOLSMA, C/C
CHARLIE ROUNTREE, C/C
WALT MORROW, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
_CITY PLANNER
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE (PRELIM. & FINAL PLA'T,~Ij:r C. ~ ~- ~' > ~-- ~
ADA COUNTY HIGi-IWAY DISTRICT
ADA PLANNING ASSOCIATION ~ E ~ 0 1 1997
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT ~1T~ ftk F~i.l~lA
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO. (PRELIM. 8c FINAL PLAT)
U.S. WEST (PRELIM. & FINAL PLAT)
INTERMOUNTAIN GAS (PRELIM. 8c FINAL PLAT)
BUREAU OF RECLAMATION (PRELIM. 8c FINAL PLAT)
CTTY FILES ~7
OTHER: ~ ~ Y / " 9 /
YOUR CONCISE REMARKS:
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CENTRAL C
•• DISTRICT
PRHEALTH
DEPARTMENT
Rezone #
ENT
QFGE~V~ l1 'n to:
DEC ~ 2 ~97^ Boise
^ Eagle
:~'1 ~r ~~~~~~~ Garden City
Conditional Use # 1~,~Gt 77y~ey I,~~ND~~ Meridian
^ Kuna
Preliminary /Final /Short Plat _ _ ^ ACZ
~I. We have No Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
DISTRICT HEALTH D
Environmental Health Division
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water ^ waste flow characteristics
^ or bedrock from original grade ^ other
^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
^ central sewage ^ community sewage system ^ community water well
^ interim sewage ^ central water
^ individual sewage ^ individual water
^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
^ 10. Run-off is not to create a mosquito breeding problem.
^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 13. 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 ~j
14. ~7c ,~ it/Er~ S'uasuriQ cc= SJ77?~.~r~/rrH+z~. Jj/S,poSQ-L Date: ~/ ~~// ~
S'yS7~~ !s~/'ap od`~Q, ~T S'1i.9-// h ~ ~//~-wr,~ Reviewed By:
cC~ /n/~~~7ari~.p
IDND 10/91 rcL, ~.,,9~ Review Sheet
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
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public WorksBuilding Department (208) 887-2211
Legal Department (208) 884-4252
ROBERT D. CORRIE
Mayor
To: Planning & Zoning Commission/Mayor & City Council
From: Bruce Freckleton, Assistant to City Enginee
Shari Stiles, Planning &. Zoning Administrator
COUNCIL MEMBERS
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMISSION
JIM JOHNSON, Chairman
MALCOLM MACCOY
KEITH BORUP
MARK NELSON
BYRON SMITH
December 5, 1997
Re: Application for Conditional Use Permit to Allow aDrive-thru Window and New
Addition to Cherry Wood Retail Center by W. Roy Brown and Richard A. Brown
We have reviewed this submittal and o.,~er 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. Water service to this development is contingent upon positive results from a hydraulic
analysis by our computer model.
2. Coordinate fire hydrant placement with the Meridian Public Works Department.
3. Approval of this application needs to be contingent upon our ability to accept the additional
sanitary sewage generated by this proposed development.
4. Provide parking lot lighting plans to the Meridian Public Works Department. Ilh~mination
of the site shall be designed to not cause glare or adversely impact neighboring residential
properties or the traveling public, as determined by the City of Meridian.
5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and
shall be submitted to the City Engineer with calculations (Ord. 557, 10-1-91) for all paved
areas. All site drainage shall be contained and disposed of on-site.
6. All parking stalls are to be a minimum of 9'x19' with 25' driveways per City Ordinance.
The parking layout shown does not meet these requirements. Compact stalls may only be
approved with the approval of the Planning & Zoning Commission.
7. Provide handicapped accessible stalls in accordance with ADA, including appropriate
signage.
•
P&Z Commission/Mayor 8c Council
December 5, 1997
Page 2
•
8. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the
City of Meridian Zoning and Development Ordinance, the Unifornn Sign Code, and shall
receive design approval of the Planning & Zoning Department. A-frame and other
temporary signs will not be permitted and will be removed upon 3 days notice to the
Applicant. Sign permits are needed for all signage. Applicant indicates a single
monument sign for all tenants of the center, and only one such sign is approved along the
Cherry Lane frontage as a condition of approval.
9. Significant changes from the site plan approved under this conditional use permit, as
determined by the Planning & Zoning Administrator, will require re-noticing and
rehearing before the Planning & Zoning Commission and Council.
10. No communication system is shown on the plans. Any proposed system shall be shown
on the site plan. Telephones rather than loudspeakers should be required if the conditional
use is granted.
11. The configuration of the drive-through window will encourage increased traffic to access
the area behind the buildings. Additional buffering may be required as a condition of the
application.
12. Applicant is to obtain a Certificate of Occupancy signed by all appropriate staff and
agencies prior to opening. A letter of credit or cash for all improvements would be needed
prior to granting temporary occupancy.
13. Landscaping and underground sprinkling of all landscaped areas shall be provided per City
Ordinance Section 11-2-414. A minimum of one (1) three-inch (3") caliper tree is
required per 1,500 square feet of asphalt. Locate landscaping so as not to negatively
impact sight triangles.
14. Ada County Highway District has made a special recommendation to the City that the
stacking before and after the reader board (if a restaurant or bank is proposed) be a
minimum of 200 feet. This does not appear to be possible with the existing site
configuration.
15. The one existing trash enclosure shown on the plans may not be adequate for all uses and
may necessitate additional trips by trash collection vehicles.