Loading...
HomeMy WebLinkAboutHunter Investments CUPWILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY ! A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888.4433 • FAX (209) 8874813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 4. 1997 TRANSMITTAL DATE: 1/25/97 HEARING DATE: 3/11/97 REQUEST: Conditional Use Permit for general commercial use BY: Hunter Investments Inc. LOCATION OF PROPERTY OR PROJECT: 815 East First Street JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 0 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: PHONE: Fr--- -1 342 ADDRESS: -287S 4u-,--ymw WAV /"Per/b/'O/V -r9ti GENERAL LOCATION: 8 / S E. /.Ps T /J�Q'ia/.a.✓ DESCRIPTION OF PROPOSED CONDITIONAL USE: ;1Lcc ZONING CLASSIFICATION: 0 -r- PLAN: 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 herein is true and correct. tiV .-111111111F , ..�.. Signature of Applicant Social Security Number 8a - 0 3 ; F 0 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK , LOT TO • 0 APPLICATION FOR CONDITIONAL USE Application is hereby made by Hunter Investments, Inc. as owner/applicant of the property located at the North 30' of Lots 15 & 16 of Block 3 of the original townsite of Meridian, commonly known as 815 E. 1st Street, Meridian, Ada County, Idaho. The request is for general commercial, to and including retail sales at the property, presently zoned old town and presently used as a newspaper publication and sales office and antique shop. Future plans call for use of the present antique shop as an espresso shop and bakery with accompanying sales and service. The property presently is surrounded on the south by the Sunrise Cafe and to the south of it, EI Zocalo Restaurant. A city pocket park is scheduled to the cast, which is flanked to the south by the old Intermountain Arms building, a heavy retail sales establishment, and to the north, by a body shop (Davis) and mower repair shop (Stan's Mowers). To the south of Stan's is Paisanno's, an Italian restaurant. Immediately to the west and north of the subject property lies the Nazarene Church. The use of a general, small shop, commercial, retail such as an espresso and bakery blends in well with other food and general commercial uses surrounding the property. Applicant will agree to pay any additional sewer, water or trash fees or charges. I, Tere Foley, President of Hunter Investments, Inc., an Idaho corporation, in good standing verify that I have read the information contained therein or appended thereto is true and correct to the best of my knowledge and belief. DATED this Z--? day of February, 1997. Tere Foley President Hunter Investments, Inc. Attached: Proof of Ownership Posting Notice Affidavit of Posting Order No. FOR VALUE RECEIVED, CORPORAT&ARRANTY DEED Farmers & Merchants State Bank , a corporation organized and existing under the laws of the State of Idaho, with its principal office at 703 E. let Street, Meridian of County of Ada State of Idaho. GRANTOR, hereby GRANT, BARGAIN, SELL and CONVEY unto Hunter Investment, Inc. GRANTEE whose current address is: 2875 Autumn Way, Meridian,Idaho 83642 the following described real property located in Ada County, State of Idaho, more particularly described as follows, to wit: The North 30 Feet of Lots 15 and 16, Block 3 of the Original Townsite of Meridian, according to the Plat thereof, filed in Book 1 of Plats at Page 29, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever, And the sold Grantor does hereby covenant to and with the sold Grantee(s), that Grantor is the owner In fee simple of said premises; that Geld premises are free fforn all encum- brances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor wilt warrant and defend the same from all lawful claims whatsoever. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was du- ly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the Grantor has caused its corporate name to be hereunto affixed by Its duly authoriz- ed officers this 19th day of . -June.. , in the year of 1991 Farmers & Merchants State Bank ,CORPORATE SEM, ppRPORATE NAME) 9X I'll a LM' PRESIDENT Attest! SECRETARY STATE OF Tdsthn , County of Adn , as. On this19. h ;Ipy of June in the Veit of , before me, the undersigned, a Notary Public in and for said State, personally appeared Tom Fulton known or identified to me to be the vice e3 en of the corporation that executed the instrument or the person_ who executed the instrument on behalf of said cor- poration, and acknowledged to me that such corporation executed the � ay Signature: i�1fha+t �e t — N Margot E. Davis Fees S 1R'V�^t Vd^d Mad to Residing a�C, , Nit&ia My'commission expoes: 'February 26, 1992 91593Uu ADA C ("L''ITY, I D. FOR 9tEWA9T TUM J. DAVID NAVARMpzt�v RECORDER '91 OCT 21 P(7 2 25 �_* This form furnished courtesy of 5TEWART TITLE OF IDAHO, Inc. n i C POSTING FOR CONDITIONAL USE PERMIT This Notice constitutes compliance with the Application by Hunter Investments, Inc. for a Conditional Use Permit (CUP) to allow general commercial use of this property to and including retail sales at this location. The hearing on the application will be held on the 11th day of March, 1997 at 7:00. p.m. before the Planning & Zoning Commission of the City of Meridian at Meridian City Hall, 33 E. Idaho, Meridian, Idaho. DATED this L��.day of February, 1997. 6G4 -e to a Tere Foley, President Hunter Investments, Inc. / '--- o 0 --------- — ---- AW ---- 01 1073� WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 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: March 4, 1997 TRANSMITTAL DATE: 1/25/97 HEARING DATE: 3/11/97 REQUEST: Conditional Use Permit for general commercial use BY: Hunter Investments Inc. LOCATION OF PROPERTY OR PROJECT: 815 East First Street JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P2 GREG OSLUND, P/Z KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA OF MERIDIAN C HARLES M. CITY GLENN R. B NTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 4, 1997 TRANSMITTAL DATE: 1/25/97 HEARING DATE: 3/11/97 REQUEST: Conditional Use Permit for general commercial use BY: Hunter Investments Inc. LOCATION OF PROPERTY OR PROJECT: 815 East First Street JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P2 GREG OSLUND, P/Z KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: PHONE: ADDRESS: f4 u -y'M wR/ 1"wr-/ a I Oly GENERAL LOCATION: F / .5 E. /-= bfS 7' /J�E,Z'�9 f,cii,✓ DESCRIPTION OF PROPOSED CONDITIONAL USE:acl•�..P ZONING CLASSIFICATION: Q 7— PLAN: 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 herein is true and correct. Signature of Applicant / Social Security Number Sra - 0 3 9 S S v 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 —.in. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDMSION, BLOCK , LOT TO • 0 APPLICATION FOR CONDITIONAL USE Application is hereby made by Hunter Investments, Inc. as owner/applicant of the property located at the North 30' of Lots 15 & 16 of Block 3 of the original townsite of Meridian, commonly known as 815 E. 1st Street, Meridian, Ada County, Idaho. The request is for general commercial, to and including retail sales at the property, presently zoned old town and presently used as a newspaper publication and sales office and antique shop. Future plans call for use of the present antique shop as an espresso shop and bakery with accompanying sales and service. The property presently is surrounded on the south by the Sunrise Cafe and to the south of it, EI Zocalo Restaurant. A city pocket park is scheduled to the cast, which is flanked to the south by the old Intermountain Arms building, a heavy retail sales establishment, and to the north, by a body shop (Davis) and mower repair shop (Stan's Mowers). To the south of Stan's is Paisanno's, an Italian restaurant. Immediately to the west and north of the subject property lies the Nazarene Church. The use of a general, small shop, commercial, retail such as an espresso and bakery blends in well with other food and general commercial uses surrounding the property. Applicant will agree to pay any additional sewer, water or trash fees or charges. I, Tere Foley, President of Hunter Investments, Inc., an Idaho corporation, in good standing verify that I have read the information contained therein or appended thereto is true and correct to the best of my knowledge and belief. DATED this Play of February, 1997. Tere Foley President Hunter Investments, Inc. Attached: Proof of Ownership Posting Notice Affidavit of Posting order No. 0 / t_,/ ';1 "O &� CORPORATE WARRANTY DEED FOR VALUE RECEIVED, Farmers &Merchants State Bank , a corporation organized and existing under the laws of the State of Idaho, with its principal office at 703 E • ist to of st Street, Meridian of County of Ada GRANTOR, hereby GRANT, BARGAIN, SELL and CONVEY unto Hunter Investment, Inc. GRANTEE whose current address is: 2875 Autumn Way, Meridian,Idaho 83642 the following described real property located in Ada County, State of Idaho, more particularly described as follows, to wit: The North 30 Feet of Lots 15 and 16, Block 3 of the Original Townsite of Meridian, according to the Plat thereof, filed. in Book 1 of Plats at Page 29, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(:) heirs and •$Signs forever, And the said Grantor does hereby covenant to and with the laid Grantee(s), that Grantor is the owner In fee simple of said premises; that sold premises are free from all encum- brances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was du- ly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the Grantor has caused its corporate name to be hereunnttolaffixed by Its duly authoriz- ed officers this 19th day of June, in the year of Farmers & Merchants State Bank ICORPORATE SEMI (CORPORATE NAME) R /�-• �/'�t LENT Attest SECRETARY STATE OF 1dl hn , County of AAa ss. 19th June On this day of in the year o� X9%1 beforeme, the undersigned, a Notary Public in and for said State, personally appeared Tom Fulton ce res en known or identified to me to be the of the corporation that executed the instrument or the person_ who executed the instrument on behalf of said cor- poration, and acknowledged to me that such corporation executed the r- �} h By Signature lriargot E. Davis Fees s n .. N : - (tyVamPnn,) Mail to ReiidinB a�G ;NattlDa — My commission cxpiyes: 'February 261 1992 9 1 5 9 3 U U 6Mp4ART TITh ADA COU.11TY, I D. FOR J. DAVID NAVARRO RECORDER B LtaP '91 OCT 21 P17 2 25 v This form furnished courtesy of 5TEWART TITLE OF IDAHO, Inc. Z 'n n c c • POSTING FOR CONDITIONAL USE PERMIT This Notice constitutes compliance with the Application by Hunter Investments, Inc. for a Conditional Use Permit (CUP) to allow general commercial use of this property to and including retail sales at this location. The hearing on the application will be held on the 11th day of March, 1997 at 7:00 p.m. before the Planning & Zoning Commission of the City of Meridian at Meridian City Hall, 33 E. Idaho, Meridian, Idaho. DATED this /A -"'day of February, 1997. 4%-L A!�a Tere Foley, President Hunter Investments, Inc. t _; ___� ._� � .. i �_ i _ j i � � I I :_ - ... __ i - - i _1 __- _-_ _ __ _- i ' .. _ _. 1_ .. _ _ � r__-_ i I i � -- _^- � I '�, � I 1 I � �� 300 �/ ocic,1 1 , L -O" t,aa ayrsJ.on i 1 � � i R SUBDMSION 4 -- - OE— - —_ i 4 ISI: ac aa)JW.W{ ,J, 1 1 I , 1 1 1 sa,aa000a 1� f 1 a)a.wu»., -----------I 1.1.E 1 -------,-1 1 ------------___—____J 1 cn:nnroc Order No. q / D ,� C CORPORATE WARRANTY DEED FOR VALUE RECEIVED, Farmers & Merchants State Bank organized and existing under the laws of the State of Idaho, with its principal office at 703 E. Meridian of County of Ada GRANTOR, hereby GRANT, BARGAIN, SELL and CONVEY unto , a corporation lst Street, , State of Idaho, Hunter Investment, Inc. GRANTEE whose current address is: 2875 Autumn Way, Meridian,Idaho 83642 the following described real property located in Ada County, State of Idaho, more particularly described as follows, to wit: The North 30 Feet of Lots 15 and 16, Block 3 of the Original Townsite of Meridian, according to.the Plat thereof, filed --in Book 1 of Plats at Page 29, records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee(s), that Grantor is the owner in fee simple of said premises; that said premises are free from all encum- brances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor will warrant and defend the same from all lawful claims whatsoever. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was du- ly authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the Grantor has caused its corporate name to be hereunto affixed by its duly authoriz- ed officers this 19th day of :June in the year of Farmers & Merchants State Bank (CORPORATE SEAL) (CORPORATE NAME) r Gk PRESIDENT Attest: SECRETARY STATE OF T A a bD , County of ss. On this a lith c�y of June in the year o— fl , before me, the undersigned, a Notary Public in and for said State, personally appeared Tom Fulton Vice resp en known or identified to me to be the of the corporation that executed the instrument or the person_ who executed the instrument on behalf of said cor- poration, and acknowledged to me that such corporation executed the 91593U0 �TEI�IART Tl�t.'� ADA COUNTY, I D. FOR J. DAVID NAVARRO RECORDER B J1, X � P, '91 OCT 21 PM2 25 Vv ulT.,.,.New ..: —.—WASHOVOW AVE ,r7fOl 70 R— Nr HDS0N0 i �; .)).HIeMO I. I'. • F ,r]N •erl,eleN! � I I SUBDIVISION s. = Y 1 I S i — .arHOHow I � i J g F i i C i i F F M,H of - - - - - - -- - - -- i rMT "1 i M,)]eeef1 N,'a ' e I 7^- __ v oxneoW� S roe I .sn )] 7 !a 1 Q$ -_--------�-- --__= - _— ---_— , WAY — — AIIE----- 1, 1 1 I s 1 y 1 0 Ralph J. & Fern A. VanPaepeghem 1490 Carol Meridian, ID 83642 Re: 830 E. 1 st St. Ralph J. & Fern A. VanPaepeghem 1490 Carol Meridian, ID 83642 Re: 111 E. Pine Ave. City of Meridian 121 E. Pine Ave. Meridian, ID 83642 Re: 121 E. Pine Ave. Demond B. & Leora M. Deppe Trust B.D. Demond & L.M. Demond Co -Trustees 11725 Iowa Ave. Nampa, ID 83686-8019 Re 129 E. Pine Ave. West Amity Commonwealth Trust 810 W. Amity Rd. Meridian, ID 83642-6975 Re: 122 E. Idaho Ave. James Kline 120 E. Idaho Ave. Meridian, ID 83642-2634 n U Re: Parcel R5672000743 S 40' of E 6" of Lot 6 Blk 5 Meridian Townsite #8024838, M1276005006B, 3N IE 07 James M. Kline 124 E. Idaho Ave. Meridian, ID 83642-2634 Re: 124 E. Idaho Ave. Wm. Dean Mayes, Jr. P.O. Box 593 Meridian, ID 83680 118 E. Idaho Ave. Paul & Stacy M. Ricketts and Brent R. Adamson 114 E. Idaho Ave. Meridian, ID 83642-2634 114 E. Idaho Ave. Betty Thierhause 3467 Dalton Lane Boise, ID 83704-4268 814 E. 1 st St. Betty Thierhause 3467 Dalton Lane Boise, ID 83704-4268 Re: S 15' of N 60' of Lots 1 & 2 & S 75' of Lot 3 Blk 5 Meridian Townsite #8607099 100 M1276005001B, 3 N 1 E 07 City of Meridian 33 E. Idaho Ave. Meridian, ID 83642-2631 Re: 804 E. 1 st St. West One Bank US Bancorp 113 E. Idaho Ave. Meridian, ID 83642 and US Bancorp 555 SW OaK Street PI -7 PO Box 4412 Portland, OR 97208-4412 Re: 113 E. Idaho Ave. Elden O. & Mary Boice R. Jack & Idaho Sweet 1375 E. Fairview Ave. • Meridian, ID 83642-1816 Re: 105 E. Idaho Ave. R. Jack & Ida T. Sweet 1375 E. Fairview Ave. Meridian, ID 83642-1816 Re: 720 E. 1 st St. Mary A. Lawson 4222 Mtn. View Boise, ID 83704 Re: 717 E. 1 st St. Harold & Helen Wolfe P.O. Box 6903 Boise, ID 83707-0903 Re: 723 E. 1 st St. Foley & Lance Chartered et al Meridian Redevelopment Venture P.O. Box 10 Meridian, ID 83680-0010 Re: 731 E. 1st St. Harold & Helen Wolfe P.O. Box 6803 Boise, Idaho 83707-0903 Re: 59 E. Idaho Ave. Meridian City of 728 Meridian Meridian, ID 83642 • Re: Lots 21 to 26 Inc. & Lots 28 to 32 Inc. Blk 2 Meridian Townsite #0340-0365- C, M1276002021A, 3N IE 07 US West Communications Corporate Tax Department 1801 California St. E MBC 3130 Denver, CO 80202-2658 Re: 30 E. Idaho US West Communications Corporate Tax Dept/MBC 3130 1801 California St. Denver, CO 80202-2658 Re: 36 E. Idaho Pacific Northwest Properties 4914 Denton St. Boise, ID 83706-1943 Re: 23 E. Pine Ave. Church of the Nazarene of Meridian 831 E. 1 st St. Meridian, ID 83642 U Re: Lots 17-26 Inc. Blk 3 Meridian Townsite #04070-0490-0505-9515-C, M1276003017B Margaret W. Smith 1017 Yost Ave. Meridian, ID 8364201515 Re: 36 E. Pine Ave. Valley Shepherd Church of the Nazarene Inc. 831 E. 1 st St. Meridian, ID 83642 Re: 40 E. Pine Ave. Joanne M. & Patricia J. Young 46 E. Pine Ave. Meridian, ID 83642 Re: 46 E. Pine Ave. Valley Shepherd Church of the Nazarene 831 E. 1st St. • Meridian, ID 83642-0267 Re: 58 E. Pine Ave. Joseph A. Johnson, II 4375 Rose Hill Ct. Boise, ID 83705-1361 Re: 917 E. 1st St. Loyd E. & Sally M, Jones 1420 Elm Pl. Meridian, ID 83642-1915 Re: 906 E. 1 st St. Richard J. & Marlene J. Eborn PSC 2 Box 743 APO AA 34002-0743 Re: 116 E. Pine Ave. Robert Godsill 805 E. 1 st St. Meridian, ID 83642 Re: 805 E. 1 st St. Church of the Nazarene of Meridian 831 E. 1st. Meridian, ID 83642 Re: Lots 9-14 Blk 3, Meridian Townsite flub of Treasure Valleyw 33 E. Id Meridian, Ida:&3642 888-4433 Customer's Order No. Date �Z 19 Name UNTEd�—C�•1�1�STrl GS Address IDS l 2 fA,\J WAY Phone: SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE. RETD, PAID OUT 4 0IIoQAL USE P 2 15' o0 3q /"1pIL/nJC�S � j, Z I I I I . I I I I I All claims and returned goods MUST be accN,wRied by this bill. TAX 007150 ByceivedD4:_1 TOTAL Z 351 :2 - G5 202 2 PRINTED IN U.S.A. HUNTER INVESTMENT INC. 384 2875 AUTUMN WAY 2084MM41324 MERIDIAN, ID 83642 92-733813241 �/w�/•�AY TO THE llli.tR OF Vl YI Lsn �V Jt ��i�.S JL� —V // ✓/� it -� A_ �a ��' /_ PIONEER '.:F nee�uaumsnr P.O. BOX 1300, MOUNTAIN HOAE, IDAHO 83647 ai�OR • ' NERR 4 3 24 L 7 338 34 920398130111@ 0 384 ® Bemau l••w,.. o.1.IN o. sw. • AFFIDAVIT OF POSTING I, Tere Foley, President of Hunter Investments, Inc., being duly sworn upon my oath and state that the above posting notice will be posted one week prior to the public hearing on the day and time provided therein. DATED this fi day of February, 1997. U% ftp 241� Tere Foley, Presicrent Hunter Investments, Inc. 0 0 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on March 11, 1997, for the purpose of reviewing and considering the Application of Hunter Investments, Inc., for a Conditional Use Permit for land located in the North 30 feet of Lots 15 and 16, Block 3 of the Original Townsite of Meridian, Boise Meridian, Ada County, Idaho, and which property is generally located at 815 E. First Street. The Application requests a conditional use permit for general commercial including retail sales, future plans include use of the present antique shop as an espresso shop and bakery with accompanying sales and service. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is vmlcome and invited to submit testimony. Dated this 21 st day of February, 1997. PUBLISH February 21 and February 28, 1997. U SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary City of Meridian 33 East Idaho Meridian, ID 83642 Re: MCU -06-97 815 East First Street DECEIVED MAR 1 1 1997 CATV OF MERIDIAN March 4, 1997 The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission review. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. If you have any questions please feel free to call me at 345-7662. Sincerely, Steve Arnold Senior Development Analyst cc: Project file Chron file ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 Meridian City Council April 15, 1997 Page 18 Morrow. To be the third Councilman, I do think it is a class act, it is a tribute not only to the good doctor and his team but to the Billy Ray Strite folks and the architect. And it is a tribute to the neighborhood and the neighborhood association to come to a meeting and present something positive. Very rarely in government do you see a neighborhood association do anything but complain about lots of stuff. So it is a tribute to you Vern and Jerry and Linda you had some specific questions but were supportive. So I would like to thank you and the associations that you represent and welcome you to come more. ITEM #11: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: Corrie: Counselor, if you would like to speak please. Foley: Thank you I represent Hunter Investments, we have had an opportunity to review the comments from Planning and Zoning. We really don't have any concerns with them we are willing to abide by them. Unlike the last time I was here representing a homeowners group this one seems easier to me. I am willing to stand for questions. Corrie: Thank you Howard. Council, this is not a hearing. Morrow. I think the appropriate .measure is that we adopt the findings of fact and conclusions of law as prepared for us by P & Z. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the findings of fact and conclusions of law by the Planning and Zoning, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow Yea, Bentley — Yea, Rountree - Yea, Tolsma Yea MOTION CARRIED: All Yea Corrie: Decision? Rountree: Mr. Mayor I move that the City Council approve the conditional use permit request by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Morrow. Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow to approve the decision, all those in favor? Opposed? Meridian City Council April 15, 1997 Page 19 MOTION CARRIED: All Yea ITEM #12: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY FOR 13+ CHILDREN BY RHONDA WILLIAMSON: Corrie: Is Ms. Williamson here this evening? Williamson: Well I plan on expanding my childcare that I have existing in my home and expanding it from a 5+ facility to 13+. 1 am going into a partnership with my husband and we purchased the home located at 208 E. TO and that is why I have asked for the conditional use permit for. I am available for any questions that you might have. Bentley: Mr. Mayor, have you reviewed all of the findings of fact? Williamson: Yes I have Bentley: And you agree with them? Williamson: Yes I do. Bentley: That is all I had. Corrie: Thank you, questions for staff? Morrow. Do we have any comments from Shari? Corrie: Hearing none, Council, entertain a motion on the findings of fact and conclusions of law. Morrow. Mr. Mayor, I would move that we approve the findings of fact and conclusions of law as given to us by P & Z. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the findings of fact and conclusions of law as presented and adopted by the Planning and Zoning, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Rountree Yea, Tolsma — Yea MOTION CARRIED: All Yea Corrie: Motion on the decision? ! . 9 MERIDIAN CITY COUNCIL MEETING: April 15 1997 APPLICANT: Hunter Investments ITEM NUMBER; 4 1 l REQUEST: Request for a CUP for a general commercial use AGENCY COMMENTS CITY CLERK: Minutes from 3-11-97 P & Z CITY ENGINEER: See Attached Comments CITY PLANNING DIRECTOR: See Attached Comments CITY ATTORNEY: Findings of Fact and Conclusions of Law CITY POLICE DEPT: "Reviewed" CITY FIRE DEPT: See Attached Comments CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: See Attached Comments ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: See Attached Comments NAMPA MERIDIAN IRRIGATION: See Attached Comments SETTLERS IRRIGATION: IDAHO POWER: ("V V US WEST: �j� INTERMOUNTAIN GAS: i " BUREAU OF RECLAMATION: �✓� OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Ong Commission March 11, 1997 Page 45 Vern Alleman, 2101 East Ustick, Meridian, was sworn by the City Attorney. Alleman: I have the same concerns about this zoning of this property to R-15 as I stated before concerns crime and so forth. When I say before I had the same comments in regard to the Saunders property. As I stated before crime and so forth that comes with this dense of a population. I have talked to several of my neighbors and have not found anyone in favor of this R-15 zone. In view of this and Mr. Saunders indication on this property that he felt he could make R-8 zoning work I feel this should be limited to an R-8. And personally I don't understand a lot about where he has indicated he can do it why don't we zone it for R-8. It seems (inaudible) so that is my comment. Johnson: Thank you Vern, I appreciate it. Is there anyone else? At this time I will close the public hearing. MacCoy: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: Johnson: I will now open the public hearing. Howard Foley, 2875 Autumn Way, Meridian, was sworn by the City Attorney. Foley: We have submitted the application, I am sure the Commission is familiar with it, I won't take time to review it. In terms of the comments we received from the City we have the following responsive comments or concerns. One of them and I am not sure whether it is standard indicates that the Zoning Administrator will provide a statement if requested as to whether this conditional use required. Rather than just try to be obstinate about it that might be appropriate, we are in old town. There are just a lot of things that have gone on in old town and the building that we are dealing with which is to the North of the Sunrise and to the south of the Nazarene Church has been Popcorn Alley and its original construction was the original telephone building in Meridian. It is kind of a guess for all of us and I don't mean any offense to anybody but it truly is a guess to all of us as to whether we can have unlimited commercial use which has been in that building historically or whether we should have office use or what we should do. Meridian Planning & Zfkg Commission • March 11, 1997 Page 46 We were advised that we should proceed willh this application and we have done so. We have no problem with the requested conditions that are set forth from the City. We would comment on number four that we provide screened trash enclosure. We do provide one trash can that seems to us like that would be a lot for a small building to provide screened trash enclosure. If that is necessary we are happy to do that. Item 5 is difficult for us to assess any anticipated ary water or sewer needs. We have asked one of the participants in the espresso shop that is anticipated for a portion of the building to come this evening. They operated a larger facility in Eagle, she might be able to address the Commission if they have concerns about those items. It is an espresso shop and a bakery, the water use wmuld be consistent I guess with that type of use. I don't know that it would be a concem but that was an issue and I don't know how to tell you how much water or sewer use an espresso shop is going to require. We would be happy to ask our neighbors, the Valley Shepherd Nazarene Church for a signed agreement to provide cooperative parking. We have been doing that for a number of years in and out of those areas and those lots. Johnson: Thank you Howard, any questions of the Applicant? MacCoy: On the alleyway there which I think you yourself said it is rocky, mud type of thing. Are you planning to pave that as the City suggested? Foley: I am sorry Commissioner MacCoy, I dickYt see a request that we pave. The area that extends beyond our particular structure is probably 20 feet maybe, that is not right 10 feet to the south and maybe 20 feet to the west. The area that surrounds that doesn't belong to us, I believe that belongs to the Valley Shepherd. MacCoy: That is what I was wondering, you have answered by question there. Just curious you have shown on your diagram here that half of the building will be a shop and the other half is Valley News. Are you planning, in the first place, there has got to be a wall in between those. Foley: There is an existing partition wall. MacCoy: Is that fire proof or is that just by luckwe have a wall in there. Foley: It is just by luck that we have a wall in there, I can tell you there has been a wall and then there has not been a wall when it was Popcorn Alley there wasn't wall. Prior to that there was a wall. It is not a bearing wall. MacCoy: It is just a partition wall in other word& In the future is the Valley News going to relinquish their spot, (Inaudible) I guess what I am really asking for is the bakery going to expand itself? Meridian Planning & Z&g Commission March 11, 1997 Page 47 Foley: I don't know the answer to that, we have had any number of people who have resided in there I can tell you that we offered the rest of the building to the entity now that owns the Valley News and they declined to take that space although they expressed interest in it before we entered into a tentative agreement with the espresso. MacCoy: Okay, no plans, that is all I had. Borup: You did say you were obtaining a written parking agreement with Foley: I can tell you this that because we also own property also adjacent, we share parking, we share trash facilities with other properties we have made that request in conjunction with those other properties, the Valley Shepherd. What we have now is just sort of a handshake (inaudible) that we all do those things, we have never entered into a written agreement. I think some concerns maybe by the- Church and church officers that they not have something that is binding on the next board and the next board and whatever else. I am more than happy to make the request of Valley Shepherd and ask them if we can do that. We have done that ever since . we have ovmd the property, shared parking and use of the facility. There is just no way I can say and make them agree but (inaudible). Borup: The Valley Shepherd owns the vacant lot to your south? Foley: Yes, to the southwest (inaudible) Borup: Between your building and the Sunrise that vacant lot? Foley: The Sunrise owns that. Borup: You said south in your comments. Foley: It is an L -shape and to the west is owned by the Valley Shepherd and to the south is owned by the Valley Shepherd. West and south. Borup: I thought that was Sunrise. Foley: Of the subject property to the west is owned by Valley Shepherd and to the south of the subject property is owned by the Sunrise bakery. Borup: That is all, I don't know what it accomplishes. Johnson: I can agree with your characterization with the attempt to get the written agreement with the church because I have been through that same process and they would prefer not to have anything in writing but they have been very agreeable to let us park there. I do the same thing (inaudible) Is there anyone else from the public that Meridian Planning & ZAWg Commission March 11, 1997 Page 48 would like to talk to us tonight? Seeing no one then I will close the public hearing on this issue. MacCoy: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? . MOTION CARRIED: All Yea ITEM #17: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE FACILITY FOR 13+ CHILDREN BY RHONDA WILLIAMSON (R - HOUSE CHILD CARE): Johnson: I will now open the public hearing and ask Rhonda Williamson or her representative to address the Commission. Rhonda Williamson, 2009 West Sunnyslope, Meridian, was sworn by the City Attorney. Williamson: I plan on expanding my current child care which is now existing in my home in the Vineyards, I currently watch five children. My proposed plan is to expand this child care and I am in the process of purchasing 208 E. 3`d Street which I have asked for a conditional use permit to run the child care facility from that. I have been in personal contact with the adjoining neighbors and there has been positive feedback from them. My general hours are 7 a.m. to 6 p.m., I will be closed on the weekends. I will have an occasional time where I will interview parents. The total number of children that will be allowed at this facility or at least that I will require will be 20. The ages that I will watch are newborns to five. There will be no other employees other than myself and my husband, we will run this and own it and operate it ourselves. I have a new vicinity, the map that you guys have received (inaudible) First of all I would like to say I didn't take drawing classes or anything so this is just my own concoction. This property as I said is on East 3`d Street. The reason why I had made this vicinity map again, I have met with Ada County Highway District and there were two different situations that we had talked about. First of all in Plan A I am running this child care as a home, in other words my theme is our home away from home. What I am looking to do is try to preserve the look in the neighborhood and also keep the home looking like a home. In words I will not have a sign out in front, I wart to try to keep away from making it look like an exact day care center. I want to make it look like a home day care. Just with a greater number of children. On the actual property I am able to have 3 parking spaces and in speaking with Shari I am supposed to have 4 actual parking spaces, I think that is one per 10 children and one per employee. Being as my husband and I will be the WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: • • COUNCIL MEMBERS HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C HALES M. GLENN R. B NTLEYEE 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor March 6, 1997 To: P&Z Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator — Re: Request for Conditional Use Permit for General Commercial Use at 815 E. First Street by Hunter Investments, Inc. This building is one of the many existing in the City of Meridian's Old Town District. It is to be noted that all uses in the Old Town District have been stated as Conditional Uses. However, many and varying uses presently exist in Old Town which may be maintained and new uses of the same or similar nature on the same parcel of property may not need to obtain a conditional use permit for that new use. The Zoning Administrator will provide a statement, if requested, that a conditional use need be obtained or need not be obtained. He (or she) may also refer the request to the City Council. Since the use being requested is for an espresso shop, which is not similar to the previous use, the Applicant was requested to apply for a conditional use permit. We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: Each tenant shall obtain a certificate of occupancy prior to opening for business. 2. All signage shall be in accordance with the standards set forth in Section 11-2415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning & Zoning Department. A -frame and other temporary signs will not be permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed for all signage. 3. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 4. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. P&Z Commission/Mayor & Council March 6, 1997 Page 2 5. Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged. A re -assessment agreement will be entered into with the Applicant prior to issuance of a certificate of occupancy. 6. The property does not provide any off-street parking. A vacant dirt lot south of the building is being used for parking. The Applicant should obtain a signed agreement with the Valley Shepherd Church of the Nazarene, if possible, to allow parking on the Church's property. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION HUNTER INVESTMENT, INC. APPLICATION FOR CONDITIONAL USE PERMIT FOR GENERAL COMMERCIAL TO INCLUDE RETAIL 815 EAST 1ST STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for public hearing on March 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, 1 Howard Foley, 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 Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 11, 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. 2. This property is located within the City of Meridian and the Applicant is owner of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. HUNTER INVESTMENT, INC. 3. Pursuant to the application, the request is for a conditional use permit for general commercial, including retail sales. The property is presently used as a newspaper publication and sales office, and an antique store. The future plans for the property are to change that portion of the property presently used for an antique store to an espresso shop and bakery with accompanying sales and service. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 4. The property is currently zoned (OT) Old Town. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Bakery Stores, Retail Stores and Restaurants are listed as conditional uses in the (OT) Old Town District and, therefore, in the (OT) Old Town District a conditional use permit for the operation of an espresso shop and bakery with accompanying sales and service is required. 5. The (OT) Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi -public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. HUNTER INVESTMENT, INC. 6. Conditional Use Permit is defined in the Zoning and Development Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The property is located at 815 East 1st Street, Meridian, Ada County, Idaho. 8. Pursuant to the application, the property is presently surrounded by restaurant, commercial and retail businesses. Immediately to the south of the property is the Sunrise Cafe and further south is E1 Zocalo Restaurant. A city pocket park is scheduled for construction to the east. To the east of the property and south of said park is the old Intermountain Arms building. Immediately, to the north and west of the property is the Nazarene Church. To the northeast of the property is an automobile body shop and a lawn mower repair shop. To the north of the automobile body shop and lawn mower repair shop is Paisanos' Italian Restaurant. 9. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full. Their comments included, but are not limited to, the following: a. Each tenant shall obtain a Certificate of Occupancy prior to opening for business; b. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning and Zoning Department. A -frame and other temporary signs will not be permitted and will be removed upon three days notice to the Applicant. Sign permits are needed for all signage; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. HUNTER INVESTMENT, INC. C. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes; d. Screen trash enclosures are to be provided in accordance with City ordinance. The Applicant is to coordinate dumpster site locations with the City's solid waste contractor. The Applicant is to locate dumpsters so as not to impede fire access; e. The Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged. A re -assessment agreement will be entered into with the Applicant prior to issuance of a Certificate of Occupancy; and f. The property does not provide any off-street parking. A vacant dirt lot south of the building is being used for parking. The Applicant should obtain a signed agreement with the Valley Shepherd Church of the Nazarene, if possible, to allow parking on the Church's property. 10. The Ada County Highway District has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 11. Central District Health Department, submitted comments, which comments are hereby incorporated herein as if set forth in full; that after written approval from appropriate entities are submitted, it can approve this proposal for central sewage and central water; and that Central District Health Department will require plans to be submitted for a plan review of any food establishment. 12. Meridian City Police Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. HUNTER INVESTMENT, INC. 13. Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; that this application will be okay with the Meridian Fire Department if all codes are met. 14. The Applicant's representative, Howard Foley, testified substantially as follows. With regard to the comments submitted by City staff, the applicant does not know whether the comment concerning the need for a conditional use permit is a standard comment. Many things [business activity] have occurred in the Old Town District, and the property has been used for different purposes, including Popcorn Alley and as the original telephone building in the City of Meridian. What uses will occur in the future is a guess. Rather than being obstinate as to whether a conditional use permit is required, the Applicant recognizes that the property is in the Old Town District and, accordingly, is proceeding with the application. The Applicant has no problems with the requested conditions which are set forth in the comments from the City staff. With regard to comment number 4. of the memorandum from the Assistant to the City Engineer and the Planning and Zoning Administrator, the Applicant provides one trash can, and it seems excessive to the Applicant to provided a screened trash enclosure. If a screened trash enclosure is necessary, the Applicant is happy to provide it. With regard to comment number 5. of said memorandum, it is difficult for the Applicant to assess any anticipated water or sewer needs. The Applicant does not know how to determine the anticipated amount water or sewer use an espresso FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. HUNTER INVESTMENT, INC. 0 • shop will require. The Applicant would be willing to request from the Nazarene Church a signed agreement for parking. The parking areas of the Nazarene Church have been used in the past. 15. In response to questions of Commissioner MacCoy, the Applicant's representative testified substantially as follows. He did not see a request that the Applicant pave the alleyway. The area which extends beyond the structure on the property is approximately 10 feet to the south and 20 feet to the west. The area which surrounds that area is not owned by the Applicant. He believes this area is owned by the Nazarene Church. There exists a partition wall dividing the building between the portion used for the Valley News and the portion of the building to be used by the proposed espresso/bakery shop. The wall is not a bearing wall. He does not know whether the espresso/bakery shop will expand to take over the entire building. The Applicant offered the entire building. to the entity which owns the Valley News, but it declined to take the additional space. 16. In response to questions of Commissioner Borup, the Applicant's representative testified substantially as follows. There is a shared use of the parking areas and trash facilities with neighboring properties. The shared use of these areas and facilities is based upon an understanding that the neighboring properties can share them. There has not been a written agreement into which anyone has entered for the shared use. He believes there may exist concerns by the officers of the Nazarene Church that they do not want to be bound or bind future officers. He is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. HUNTER INVESTMENT, INC. willing to request a written agreement from the Nazarene Church for use of the parking area. Since the Applicant purchased the property, there has been the shared use of the parking areas and facilities. However, there is no way in which he can for certain obtain an agreement from the Nazarene Church for the shared use. 17. In response to further questions of Commissioner Borup, the Applicant's representative testified substantially as follows. The Nazarene Church owns the vacant lot to the west of the property. The Sunrise Cafe owns the vacant lot between the property and the Sunrise Cafe building. 18. Chairman Johnson commented with the Applicant's representative's comments concerning the attempt to obtain a written agreement with the Nazarene Church. He stated that he has been through the same process with the Church. The Church would prefer not to have anything in writing, but is very agreeable to allow the use of the parking areas. 19. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. HUNTER INVESTMENT, INC. 1] 0 3. The City has the authority to take judicial notice of its ordinances and proceedings, other governmental statues and ordinances, and of actual conditions existing within the City and state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The Commission has judged this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. HUNTER INVESTMENT, INC. 7. 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning and Development Ordinance requires a conditional use permit to allow the use; C. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; e. The property has sewer and water service already connected, but the Applicant may have to pay additional fees for the 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. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. HUNTER INVESTMENT, INC. excessive production of traffic, noise, smoke, fumes, glare or odors; h. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Police Department, Meridian Fire Department, Central District Health Department, and the Nampa Meridian Irrigation District, which requirements specifically include: 1. Each tenant shall obtain a Certificate of Occupancy prior to opening for business; 2. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance; 3. All signage shall receive design approval of the Planning and Zoning Department; 4. A-frame and other temporary signs shall not be permitted and shall be removed upon three days notice to the Applicant; 5. Sign permits shall be required for all signage; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. HUNTER INVESTMENT, INC. 0 • 6. New construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes; 7. Screen trash enclosures shall be provided in accordance with City ordinance; 8. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor; 9. The Applicant shall locate dumpsters so as not to impede fire access; 10. The Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged; 11. The Applicant shall enter into a re -assessment agreement prior to issuance of a Certificate of Occupancy; 12. The Applicant should obtain, if possible, a signed agreement with the Valley Shepherd Church of the Nazarene to allow parking for the property on the Church's property; and 13. The Applicant shall submit and obtain approval from Central District Health Department of their plan for the food establishment. C. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein, other conditional use applications, or the ordinances of the City of Meridian. 10. The above -conditions are concluded to be reasonable and the Applicant shall meet these conditions. 11. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. HUNTER INVESTMENT, INC. Ll • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER MACCOY COMMISSIONER MANNING CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED V-4,1 ) t VOTED VOTED DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED FINDINGS OF FACT A HUNTER INVESTMENT, INC. yla�l DISAPPROVED: s USION OF LAW - Page 12. 0 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this day of 19 , �ll COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED Q& VOTEDVOTED VOTED(4tb 0' VOTED Com. 1 VOTED- OTED DISAPPROVED- DISAPPROVED FINDINGS FINDINGS OF FACT AND CONCLUSIONS OF LAW - WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney . HUB OF TREASURE VALLEY . A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-4111E3 Public Works/Budding Department (208) 887-2211 Motor Vehicle/Drivers license (208) 888 4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 4.1997 TRANSMITTAL DATE: 1/25/97 HEARING DATE: 3/11/97 REQUEST: Conditional Use Permit for general commercial use BY: Hunter Investments Inc. LOCATION OF PROPERTY OR PROJECT: 815 East First Street JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8c FINAL PLAT) BUREAU OF RE 1 (PF1 CITY FILES OTHER: YOUR CONCISE REMARKS: FEB 2 7 $97 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL° GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney . HUB OF TREASURE VALLEY • A Good Place IID Live CITY OF-M-ERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888.4433 • FAX Mg) 887.4813 Public Works/Building Depadment (208) 887-2211 Motor Vehicle/Drivers Lic=e (208) 888-4443 ROBERT D. ODRRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: Wiff Berg, City Clerk by: March 4,1997 TRANSMITTAL DATE: 1/25/97 FEARING DATE: 3/11/97 REQUEST: Conditional Use Permit for general commercial use BY: Hunter Investments Inc. LOCATION OF PROPERTY OR PROJECT: 815 East First Street JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN, POST OFFICE (PRELIM. & FINAL PLAT) ADA COUOMlTY HIGHWAY DISTRICT ADA PLAMW4G ASSOCIATION CENTRAL DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES � * r_ ` OTHER: hJ YOUR CONCISE REMARKS: r�rr CU! CENTRAL C DISTRICT HEALTH DEPARTMENT DISTRICT HEALTH D Environmental Health Division Rezone # Conditional Use # GEN=+ L 61qME9cra/— USS elY E' TIXS'r Return to: ❑ Boise ❑ Eagle ❑ Garden city .9 Meridian ❑ Kuna Preliminary / Final / Short Plat ❑ ACz AVN7b')2 YiV V SrH erJ7-S -7;J r . ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: .F} 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. Street Runoff is not to create a mosquito breeding problem. ❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 7E 14. We will require plans be submitted for a plan review for any: food establishment ❑ swimming pools or spas ❑ child care center EJ beverage establishment El grocery store El S. Date: 3 / 3 /97 Reviewed By: Review Sheet (DHD 10/91 rcb, rev. 1/9S WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney . HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHOp MERIDIAN, IDAHO 83642LO (208) 888.4433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE � @"" �rl � V COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY r�rCOMMISSION f: JI HNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY Mayor NAMPA & MERIDIAN IRRIGATION D1,STPICT 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: March 4.1997 TRANSMITTAL DATE: 1/25/97 HEARING DATE: 3/11/97 REQUEST: Conditional Use Permit for general commercial use BY: Hunter Investments Inc. LOCATION OF PROPERTY OR PROJECT: 815 East First Street JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P2 ADA PLANNING ASSOCIATION KEITH BORUP, P2 CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO. (PRELIlA. & FINAL PLAT) WALT MORROW, C/C U.S. WEST (PRELIM. & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY DEAR COMMISSIONERS: CITY ENGINEER CITY PLANNER THE NAMPA & MERIDIAN IRRIGATION DISTRICT HAS NO COMMENT ON THE ABOVE REFERENCED APPLICATION. MERIDIAN PLANNING & ZONING COMMISSION MEETING: April 8,1997 APPLICANT: HUNTER INVESTMENTS INC. AGENDA ITEM NUMBER: 7 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Z8109 Commission • April 8, 1997 Page 11 ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: Johnson: Any comments regarding these findings of fact and conclusions as prepared by the City Attorney? Entertain a motion for approval as written. Oslund: Mr. Chairman, I move that the Planning and Zoning Commission of the City of Meridian hereby adopt and approve these findings of fact and conclusions of law. Borup: Second Johnson: Moved and seconded to approve the findings as prepared, roll call vote. ROLL CALL VOTE: Borup — Yea, Oslund — Yea, MacCoy —Yea, Manning — Yea MOTION CARRIED: All Yea Johnson: Decision or recommendation to City Council? Oslund: Mr. Chairman, I move that the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in these findings or as found justified and appropriate by the City Council and that the property be required to meet the sewer and water requirements, fire and life safety codes, the uniform fire code, parking, paving, landscaping requirements and all other ordinances of the City of Meridian. And that the conditional use should be subject to review upon notice to the applicant by the- City. Borup: Second Johnson :Motion and a second for approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: .FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY FOR 13+ CHILDREN BY RHONDA WILLIAMSON: Johnson: Motion? Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Meridian Planning & Zong Commission March 11, 1997 Page 45 Vern Alleman, 2101 East Ustick, Meridian, was sworn by the City Attorney. Alleman: I have the same concerns about this zoning of this property to R-15 as I stated before concerns crime and so forth. When I say before 1 had the same comments in regard to the Saunders property. As I stated before crime and so forth that comes with this dense of a population. I have talked to several of my neighbors and have not found anyone in favor of this R-15 zone. In view of this and Mr. Saunders indication on this property that he felt he could make R-8 zoning work I feel this should be limited to an R-8. And personally I don't understand a lot about where he has indicated he can do it why don't we zone it for R-8. It seems (inaudible) so that is my comment. Johnson: Thank you Vern, I appreciate it. Is there anyone else? At this time I will close the public hearing. MacCoy: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: Johnson: I will now open the public hearing. Howard Foley, 2875 Autumn Way, Meridian, was sworn by the City Attorney. Foley: We have submitted the application, I am sure the Commission is familiar with it, I won't take time to review it. In terms of the comments we received from the City we have the following responsive comments or concerns. One of them and I am not sure whether it is standard indicates that the Zoning Administrator will provide a statement if requested as to whether this conditional use required. Rather than just try to be obstinate about it that might be appropriate, we are in old town. There are just a lot of things that have gone on in old town and the building that we are dealing with which is to the North of the Sunrise and to the south of the Nazarene Church has been Popcorn Alley and its original construction was the original telephone building in Meridian. It is kind of a guess for all of us and I don't mean any offense to anybody but it truly is a guess to all of us as to whether we can have unlimited commercial use which has been in that building historically or whether we should have office use or what we should do. r Meridian Planning & Ang Commission March 11, 1997 Page 46 We were advised that we should proceed with this application and we have done so. We have no problem with the requested conditions that are set forth from the City. We would comment on number four that we provide screened trash enclosure. We do provide one trash can that seems to us like that would be a lot for a small building to provide screened trash enclosure. If that is necessary we are happy to do that. Item 5 is difficult for us to assess any anticipated any water or sewer needs. We have asked one of the participants in the espresso shop that is anticipated for a portion of the building to come this evening. They operated a larger facility in Eagle, she might be able to address the Commission if they have concerns about those items. It is an espresso shop and a bakery, the water use would be consistent I guess with that type of use. I don't know that it would be a concern but that was an issue and I don't know how to tell you how much water or sewer use an espresso shop is going to require. We would be happy to ask our neighbors, the Valley Shepherd Nazarene Church for a signed agreement to provide cooperative parking. We have been doing that for a number of years in and out of those areas and those lots. Johnson: Thank you Howard, any questions of the Applicant? MacCoy: On the alleyway there which I think you yourself said it is rocky, mud type of thing. Are you planning to pave that as the City suggested? Foley: I am sorry Commissioner MacCoy, I didn't see a request that we pave. The area that extends beyond our particular structure is probably 20 feet maybe, that is not right 10 feet to the south and maybe 20 feet to the west. The area that surrounds that doesn't belong to us, I believe that belongs to the Valley Shepherd. MacCoy: That is what I was wondering, you have answered by question there. Just curious you have shown on your diagram here that half of the building will be a shop and the other half is Valley News. Are you planning, in the first place, there has got to be a wall in between those. Foley: There is an existing partition wall. MacCoy: Is that fire proof or is that just by luck we have a wall in there. Foley: It is just by luck that we have a wall in there, I can tell you there has been a wall and then there has not been a wall when it was Popcorn Alley there wasn't wall. Prior to that there was a wall. It is not a bearing wall. MacCoy: It is just a partition wall in other words. In the future is the Valley News going to relinquish their spot, (Inaudible) I guess what I am really asking for is the bakery going to expand itself? r Meridian Planning & Z*g Commission March 11, 1997 Page 47 Foley: I don't know the answer to that, we have had any number of people who have resided in there I can tell you that we offered the rest of the building to the entity now that owns the Valley News and they declined to take that space although they expressed interest in it before we entered into a tentative agreement with the espresso. MacCoy: Okay, no plans, that is all I had. Borup: You did say you were obtaining a written parking agreement with Foley: I can tell you this that because we also own property also adjacent, we share parking, we share trash facilities with other properties we have made that request in conjunction with those other properties, the Valley Shepherd. What we have now is just sort of a handshake (inaudible) that we all do those things, we have never entered into a written agreement. I think some concerns maybe by the Church and church officers that they not have something that is binding on the next board and the next board and whatever else. I am more than happy to make the request of Valley Shepherd and ask them if we can do that. We have done that ever since we have owned the property, shared parking and use of the facility. There is just no way I can say and make them agree but (inaudible). Borup: The Valley Shepherd owns the vacant lot to your south? Foley: Yes, to the southwest (inaudible) Borup: Between your building and the Sunrise that vacant lot? Foley: The Sunrise owns that. Borup: You said south in your comments. Foley: It is an L -shape and to the west is owned by the Valley Shepherd and to the south is owned by the Valley Shepherd. West and south. Borup: I thought that was Sunrise. Foley: Of the subject property to the west is owned by Valley Shepherd and to the south of the subject property is owned by the Sunrise bakery. Borup: That is all, I don't know what it accomplishes. Johnson: I can agree with your characterization with the attempt to get the written agreement with the church because I have been through that same process and they would prefer not to have anything in writing but they have been very agreeable to let us park there. I do the same thing (inaudible) Is there anyone else from the public that Meridian Planning & ZSkg Commission March 11, 1997 Page 48 would like to talk to us tonight? Seeing no one then I will close the public hearing on this issue. MacCoy: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? . MOTION CARRIED: All Yea ITEM #17: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE FACILITY FOR 13+ CHILDREN BY RHONDA WILLIAMSON (R - HOUSE CHILD CARE): Johnson: I will now open the public hearing and ask Rhonda Williamson or her representative to address the Commission. Rhonda Williamson, 2009 West Sunnyslope, Meridian, was sworn by the City Attorney. Williamson: I plan on expanding my current child care which is now existing in my home in the Vineyards, I currently watch five children. My proposed plan is to expand this child care and 1 am in the process of purchasing 208 E. 3`d Street which I have asked for a conditional use permit to run the child care facility from that. I have been in personal contact with the adjoining neighbors and there has been positive feedback from them. My general hours are 7 a.m. to 6 p.m., I will be closed on the weekends. I will have an occasional time where I will interview parents. The total number of children that will be allowed at this facility or at least that I will require will be 20. The ages that I will watch are newborns to five. There will be no other employees other than myself and my husband, we will run this and own it and operate it ourselves. I have a new vicinity, the map that you guys have received (inaudible) First of all I would like to say I didn't take drawing classes or anything so this is just my own concoction. This property as I said is on East 3`d Street. The reason why I had made this vicinity map again, I have met with Ada County Highway District and there were two different situations that we had talked about. First of all in Plan A I am running this child care as a home, in other words my theme is our home away from home. What I am looking to do is try to preserve the look in the neighborhood and also keep the home looking like a home. In words I will not have a sign out in front, I want to try to keep away from making it look like an exact day care center. I want to make it look like a home day care. Just with a greater number of children. On the actual property I am able to have 3 parking spaces and in speaking with Shari I am supposed to have 4 actual parking spaces, I think that is one per 10 children and one per employee. Being as my husband and I will be the 0 MERIDIAN PLANNING & ZONING COMMISSION MEETING: March 11, 1997 APPLICANT: HUNTER INVESTMENTS INC. AGENDA ITEM NUMBER: 16 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR GENERAL COMMERCIAL USE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" I C cl SEE ATTACHED COMMENTS 7 ee �,,M � SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. M A (_1 vlq & �ruman, C hart b ATTORNEYS AND COUNSELORS AT LAW P.O. BOX 10 77 IDAHO STREET HERITAGE BLDG., SUITE 300 MERIDIAN, IDAHO 83680 HOWARD R. FOLEY MARK S. FREEMAN MARGARET S. SCHAEFER August 18, 1997 Compliance Section Planning & Zoning City of Meridian 33 E. Idaho Meridian, ID 83642 Dear Sir or Madam: Nw�7r�/ �nvPs7ij.�'•�7�.s PHONE (208) 888-9111 TELECOPIER (208) 888-5130 Enclosed please find the required request to share parking I sent to the Nazarene Church on April 29, 1997. HRF/cde Sincerely, FOLEY FREEMAN, CHARTERED How d R. o ey u 04 & Areleman, (chartered ATTORNEYS AND COUNSELORS AT LAW P.O. ROX 10 77 IDAHO STREET HERIT,4q9dLZ'9., WPF300 MERIDIAN, IDAHO 83680 HOWARD R. FOLEY MARK S. FREEMAN PHONE (208) 888-9111 MARGARET S. SCHAEFER TELECOPIER (208) 888-5130 Mr. Dave Cox Valley Shepard Church of the Nazarene 831 E. First Street Meridian, ID 83642 Dear Pastor Cox: As you may know the corporation that my wife Tere and I own, Hunter Investments, Inc., which owns the building to the south of the church made. an application for a general use permit to allow the operation of the Wild West Espresso shop. As part of the grant of that permit the City required that we install a screened trash area. We have enough room behind the building for a small dumpster which the trash company is phasing out in favor of larger dumpsters. The purpose of my letter is to propose -.hat the church and our corporation jointly construct a dumpster area to serve our two buildings and the heritage building tenants with the exception of El Zocalo. That would leave the existing dumpster for the two restaurants and reduce the costs for all. 11 The second purpose in my writing is to fulfill another city requirement that we request a shared parking arrangement on church property. I would expect the tenants to use 4-5 spaces on a full day basis. As always, I appreciate your and the church's kind consideration of these matters and look forward to hearing from you. H RF/cde Sincerely, FOLEY & FREEMAN, CH RED Ilow o v CW CENTRAL DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. - BOISE, ID 83704-0825 , (208) 375-5211 • FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 97-220 April 3, 1997 Meridian City Hall 33 E. Idaho Avenue Meridian, ID 83642 RECEM&D APR - 7 1397 CITY OF NEWDIAN On March 31, 1997, our office reviewed and approved plans for the following new/remodeled establishment. ESTABLISHMENT NAME: Wild West Bakery & Espresso i ESTABLISHMENT ADDRESS: a4 E. 1st Street, Suite 200 Meridian, ID 83642 CONTACT PERSON: Naomi Tyler PHONE: 939-5677 ❑ These plans were the Building Departments circulating plans. ❑ These plans were not the Building Departments circulating plans. We have advised the operator to obtain your office's approval. Please route the official copy to us for approval. ■ They were approved as submitted with changes. Their tentative opening date is April 10, 1997. Please contact us if you have any questions. Sincerely, Christy Klaus, EHS Environmental Health Specialist cc Tom Turco, Director of Environmental Health Marty Jones, Supervisor of Environmental Health Ada / Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Serving Valley, Elmore, Boise, and Ada Counties Ada -WIC Satellite Office 1606 Roberts Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 M Elmore County Office Valley County Office 520 E. 8th Street N. 703 N. 1 st Street Mountain Home, ID 83647 P.O. Box 1448 Enviro. Health: 587-3521 McCall, ID. 83638 Family Health: 587-4407 Ph. 634-7194 WIC: 587-4409 FAX: 634-21.74 FAX: 587-3521 n MERIDIAN CITY COUNCIL MEETING: April 15, 1997 APPLICANT: Hunter Investments ITEM NUMBER; REQUEST: Request for a CUP for a general commercial use AGENCY COMMENTS CITY CLERK: Minutes from 3-11-97 P & Z CITY ENGINEER: See Attached Comments CITY PLANNING DIRECTOR: See Attached Comments CITY ATTORNEY: Findings of Fact and Conclusions of Law CITY POLICE DEPT: "Reviewed" CITY FIRE DEPT: See Attached Comments CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: See Attached Comments ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: See Attached Comments NAMPA MERIDIAN IRRIGATION: See Attached Comments SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission March 11, 1997 Page 45 Vern Alleman, 2101 East Ustick, Meridian, was sworn by the City Attorney. Alleman: I have the same concerns about this zoning of this property to R-15 as I stated before concerns crime and so forth. When I say before I had the same comments in regard to the Saunders property. As I stated before crime and so forth that comes with this dense of a population. I have talked to several of my neighbors and have not found anyone in favor of this R-15 zone. In view of this and Mr. Saunders indication on this property that he felt he could make R-8 zoning work I feel this should be limited to an R-8. And personally I don't understand a lot about where he has indicated he can do it why don't we zone it for R-8. It seems (inaudible) so that is my comment. Johnson: Thank you Vern, I appreciate it. Is there anyone else? At this time I will close the public hearing. MacCoy: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: Johnson: I will now open the public hearing. Howard Foley, 2875 Autumn Way, Meridian, was sworn by the City Attorney. Foley: We have submitted the application, I am sure the Commission is familiar with it, I won't take time to review it. In terms of the comments we received from the City we have the following responsive comments or concerns. One of them and 1 am not sure whether if is standard indicates that the Zoning Administrator will provide a statement if requested as to whether this conditional use required. Rather than just try to be obstinate about it that might be appropriate, we are in old town. There are just a lot of things that have gone on in old town and the building that we are dealing with which is to the North of the Sunrise and to the south of the Nazarene Church has been Popcorn Alley and its original construction was the original telephone building in Meridian. It is kind of a guess for all of us and I don't mean any offense to anybody but it truly is a guess to all of us as to whether we can have unlimited commercial use which has been in that building historically or whether we should have office use or what we should do. Meridian Planning & Zoning Commission March 11, 1997 Page 46 We were advised that we should proceed with this application and we have done so. We have no problem with the requested concitions that are set forth from the City. We would comment on number four that we provide screened trash enclosure. We do provide one trash can that seems to us like that would be a lot for a small building to provide screened trash enclosure. If that is necessary we are happy to do that. Item 5 is difficult for us to assess any anticipated any water or sewer needs. We have asked one of the participants in the espresso shop that is anticipated for a portion of the building to come this evening. They operated a larger facility in Eagle, she might be able to address the Commission if they have concerns about those items. It is an espresso shop and a bakery, the water use vould be consistent I guess with that type of use. I don't know that it would be a concern but that was an issue and I don't know how to tell you how much water or sewer use an espresso shop is going to require. We would be happy to ask our neighbors, the Valley Shepherd Nazarene Church for a signed agreement to provide cooperative parking. We have been doing that for a number of years in and out of those areas and those lots. Johnson: Thank you Howard, any questions of the Applicant? MacCoy: On the alleyway there which I think you yourself said it is rocky, mud type of thing. Are you planning to pave that as the City suggested? Foley: I am sorry Commissioner MacCoy, I didn't see a request that we pave. The area that extends beyond our particular structure is probably 20 feet maybe, that is not right 10 feet to the south and maybe 20 feet to the west. The area that surrounds that doesn't belong to us, I believe that belongs to the Valley Shepherd. MacCoy: That is what I was wondering, you have answered by question there. Just curious you have shown on your diagram here that half of the building will be a shop and the other half is Valley News. Are you planning, in the first place, there has got to be a wall in between those. Foley: There is an existing partition wall. MacCoy: Is that fire proof or is that just by luckwe have a wall in there. Foley: It is just by luck that we have a wall in there, I can tell you there has been a wall and then there has not been a wall when it was Popcorn Alley there wasn't wall. Prior to that there was a wall. It is not a bearing wall. MacCoy: It is just a partition wall in other word& In the future is the Valley News going to relinquish their spot, (Inaudible) I guess what I am really asking for is the bakery going to expand itself? Meridian Planning & Zoning Commission March 11, 1997 Page 47 Foley: I don't know the answer to that, we have had any number of people who have resided in there I can tell you that we offered the rest of the building to the entity now that owns the Valley News and they declined to take that space although they expressed interest in it before we entered into a tentative agreement with the espresso. MacCoy: Okay, no plans, that is all I had Borup: You did say you were obtaining a written parking agreement with Foley: I can tell you this that because we also own property also aclacent, we share parking, we share trash facilities with other properties we have made that request in conjunction with those other properties, the Valley Shepherd. What we have now is just sort of a handshake (inaudible) that we all do those things, we have never entered into a written agreement. I think some concerns maybe by the. Church and church officers that they not have something that is binding on the next board and the next board and whatever else. I am more than happy to make the request of Valley Shepherd and ask them if we can do that. We have done that ever since we have owned the property, shared parking and use of the facility. There is just no way I can say and make them agree but (inaudible). Borup: The Valley Shepherd owns the vacant lot to your south? Foley: Yes, to the southwest (inaudible) Borup: Between your building and the Sunrise that vacant lot? Foley: The Sunrise owns that. Borup: You said south in your comments. Foley: It is an L -shape and to the west is owned by the Valley Shepherd and to the south is owned by the Valley Shepherd. West and south. Borup: I thought that was Sunrise. Foley: Of the subject property to the west is owned by Valley Shepherd and to the south of the subject property is owned by the Sunrise bakery. Borup: That is all, I don't know what it accomplishes. Johnson: I can agree with your characterization with the attempt to get the written agreement with the church because I have been through that same process and they would prefer not to have anything in writing but they have been very agreeable to let us park there. I do the same thing (inaudible) Is there anyone else from the public that Meridian Planning & Zoning Commission March 11, 1997 Page 48 would like to talk to us tonight? Seeing no one then I will close the public hearing on this issue. MacCoy: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE FACILITY FOR 13+ CHILDREN BY RHONDA WILLIAMSON (R - HOUSE CHILD CARE): Johnson: I will now open the public hearing and ask Rhonda Williamson or her representative to address the Commission. Rhonda Williamson, 2009 West Sunnyslope, Meridian, was sworn by the City Attorney. Williamson: I plan on expanding my current child care which is- now existing in my home in the Vineyards, I currently watch five children. My proposed plan is to expand this child care and I am in the process of purchasing 208 E. 3`4 Street which I have asked for a conditional use permit to run the child care facility from that. I have been in personal contact with the adjoining neighbors and there has been positive feedback from them. My general hours are 7 a.m. to 6 p.m., I will be closed on the weekends. I will have an occasional time where I will interview parents. The total number of children that will be allowed at this facility or at least that I will require will be 20. The ages that I will watch are newborns to five. There will be no other employees other than myself and my husband, we will run this and own it and operate it ourselves. I have a new vicinity, the map that you guys have received (iaudible) First of all I would like to say I didn't take drawing classes or anything so this is just my own concoction. This property as I said is on East '3 d Street. The reason why I had made this vicinity map again, I have met with Ada County Highway District and there were two different situations that we had talked about. First of all in Plan A I am running this child care as a home, in other words my theme is our home away from home. What I am looking to do is try to preserve the look in the neighborhood and also keep the home looking like a home. In words I will not have a sign out in front, I want to try to keep away from making it look like an exact day care center. I want to make it look like a home day care. Just with a greater number of children. On the actual property I am able to have 3 parking spaces and in speaking with Shari I am supposed to have 4 actual parking spaces, I think that is one per 10 children and one per employee. Being as my husband and I will be the WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To: P&Z Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY March 6, 1997 Re: Request for Conditional Use Permit for General Commercial Use at 815 E. First Street by Hunter Investments, Inc. This building is one of the many existing in the City of Meridian's Old Town District. It is to be noted that all uses in the Old Town District have been stated as Conditional Uses. However, many and varying uses presently exist in Old Town which may be maintained and new uses of the same or similar nature on the same parcel of property may not need to obtain a conditional use permit for that new use. The Zoning Administrator will provide a statement, if requested, that a conditional use need be obtained or need not be obtained. He (or she) may also refer the request to the City Council. Since the use being requested is for an espresso shop, which is not similar to the previous use, the Applicant was requested to apply for a conditional use permit. We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: Each tenant shall obtain a certificate of occupancy prior to opening for business. 2. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning & Zoning Department. A -frame and other temporary signs will not be permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed for all signage. 3. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 4. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. P&Z Commission/Mayor & Council March 6, 1997 Page 2 5. Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged. A re -assessment agreement will be entered into with the Applicant prior to issuance of a certificate of occupancy. 6. The property does not provide any off-street parking. A vacant dirt lot south of the building is being used for parking. The Applicant should obtain a signed agreement with the Valley Shepherd Church of the Nazarene, if possible, to allow parking on the Church's property. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION HUNTER INVESTMENT, INC. APPLICATION FOR CONDITIONAL USE PERMIT FOR GENERAL COMMERCIAL TO INCLUDE RETAIL 815 EAST 1ST STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for public hearing on March 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, 1 Howard Foley, 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 Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 11, 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. 2. This property is located within the City of Meridian and the Applicant is owner of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. HUNTER INVESTMENT, INC. 3. Pursuant to the application, the request is for a conditional use permit for general commercial, including retail sales. The property is presently used as a newspaper publication and sales office, and an antique store. The future plans for the property are to change that portion of the property presently used for an antique store to an espresso shop and bakery with accompanying sales and service. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 4. The property is currently zoned (OT) Old Town. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Bakery Stores, Retail Stores and Restaurants are listed as conditional uses in the (OT) Old Town. District and, therefore, in the (OT) Old Town District a conditional use permit for the operation of an espresso shop and bakery with accompanying sales and service is required. 5. The (OT) Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi -public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. HUNTER INVESTMENT, INC. 6. Conditional Use Permit is defined in the Zoning and Development Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The property is located at 815 East 1st Street, Meridian, Ada County, Idaho. 8. Pursuant to the application, the property is presently surrounded by restaurant, commercial and retail businesses. Immediately to the south of the property is the Sunrise Cafe and further south is E1 Zocalo Restaurant. A city pocket park is scheduled for construction to the east. To the east of the property and south of said park is the old Intermountain Arms building. Immediately, to the north and west of the property is the Nazarene Church. To the northeast of the property is an automobile body shop and a lawn mower repair shop. To the north of the automobile body shop and lawn mower repair shop is Paisanos' Italian Restaurant. 9. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full. Their comments included, but are not limited to, the following: a. Each tenant shall obtain a Certificate of Occupancy prior to opening for business; b. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning and Zoning Department. A -frame and other temporary signs will not be permitted and will be removed upon three days notice to the Applicant. Sign permits are needed for all signage; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. HUNTER INVESTMENT, INC. C. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes; d. Screen trash enclosures are to be provided in accordance with City ordinance. The Applicant is to coordinate dumpster site locations with the City's solid waste contractor. The Applicant is to locate dumpsters so as not to impede fire access; e. The Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged. A re -assessment agreement will be entered into with the Applicant.prior to issuance of a Certificate of Occupancy; and f. The property does not provide any off-street parking. A vacant dirt lot south of the building is being used for parking. The Applicant should obtain a signed agreement with the Valley Shepherd Church of the Nazarene, if possible, to allow parking on the Church's property. 10. The Ada County Highway District has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 11. Central District Health Department, submitted comments, which comments are hereby incorporated herein as. if set forth in full; that after written approval from appropriate entities are submitted, it can approve this proposal for central sewage and central water; and that Central District Health Department will require plans to be submitted for a plan review of any food establishment. 12. Meridian City Police Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. HUNTER INVESTMENT, INC. 13. Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; that this application will be okay with the Meridian Fire Department if all codes are met. 14. The Applicant's representative, Howard Foley, testified substantially as follows. With regard to the comments submitted by City staff, the applicant does not know whether the comment concerning the need for a conditional use permit is a standard comment. Many things [business activity] have occurred in the Old Town District, and the property has been used for different purposes, including Popcorn Alley and as the original telephone building in the City of Meridian. What uses will occur in the future is a guess. Rather than being obstinate as to whether a conditional use permit is required, the Applicant recognizes that the property is in the Old Town District and, accordingly, is proceeding with the application. The Applicant has no problems with the requested conditions which are set forth in the comments from the City staff. With regard to comment number 4. of the memorandum from the Assistant to the City Engineer and the Planning and Zoning Administrator, the Applicant provides one trash can, and it seems excessive to the Applicant to provided a screened trash enclosure. If a screened trash enclosure is necessary, the Applicant is happy to provide it. With regard to comment number 5. of said memorandum, it is difficult for the Applicant to assess any anticipated water or sewer needs. The Applicant does not know how to determine the anticipated amount water or sewer use an espresso FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. HUNTER INVESTMENT, INC. shop will require. The Applicant would be willing to request from the Nazarene Church a signed agreement for parking. The parking areas of the Nazarene Church have been used in the past. 15. In response to questions of Commissioner MacCoy, the Applicant's representative testified substantially as follows. He did not see a request that the Applicant pave the alleyway. The area which extends beyond the structure on the property is approximately 10 feet to the south and 20 feet to the west. The area which surrounds that area is not owned by the Applicant. He believes this area is owned by the Nazarene Church. There exists a partition wall dividing the building between the portion used for the Valley News and the portion of the building to be used by the proposed espresso/bakery shop. The wall is not a bearing wall. He does not know whether the espresso/bakery shop will expand to take over the entire building. The Applicant offered the entire building to the entity which owns the Valley News, but it declined to take the additional space. 16. In response to questions of Commissioner Borup, the Applicant's representative testified substantially as follows. There is a shared use of the parking areas and trash facilities with neighboring properties. The shared use of these areas and facilities is based upon an understanding that the neighboring properties can share them. There has not been a written agreement into which anyone has entered for the shared use. He believes there may exist concerns by the officers of the Nazarene Church that they do not want to be bound or bind future officers. He is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. HUNTER INVESTMENT, INC. willing to request a written agreement from the Nazarene Church for use of the parking area. Since the Applicant purchased the property, there has been the shared use of the parking areas and facilities. However, there is no way in which he can for certain obtain an agreement from the Nazarene Church for the shared use. 17. In response to further questions of Commissioner Borup, the Applicant's representative testified substantially as follows. The Nazarene Church owns the vacant lot to the west of the property. The Sunrise Cafe owns the vacant lot between the property and the Sunrise Cafe building. 18. Chairman Johnson commented with the Applicant's representative's comments concerning the attempt to obtain a written agreement with the Nazarene Church. He stated that he has been through the same process with the Church. The Church would prefer not to have anything in writing, but is very agreeable to allow the use of the parking areas. 19. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. HUNTER INVESTMENT, INC. 3. The City has the authority to take judicial notice of its ordinances and proceedings, other governmental statues and ordinances, and of actual conditions existing within the City and state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly., and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set .time period for which a Conditional Use may be in existence. 6. The Commission has judged this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page B. HUNTER INVESTMENT, INC. 7. 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning and Development Ordinance requires a conditional use permit to allow the use; C. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; e. The property has sewer and water service already connected, but the Applicant may have to pay additional fees for the 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. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. HUNTER INVESTMENT, INC. excessive production of traffic, noise, smoke, fumes, glare or odors; h. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Police Department, Meridian Fire Department, Central District Health Department, and the Nampa Meridian Irrigation District, which requirements specifically include: 1. Each tenant shall obtain a Certificate of Occupancy prior to opening for business; 2. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance; 3. All signage shall receive design approval of the Planning and Zoning Department; 4. A -frame and other temporary signs shall not be permitted and shall be removed upon three days notice to the Applicant; 5. Sign permits shall be required for all signage; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. HUNTER INVESTMENT, INC. 6. New construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes; 7. Screen trash enclosures shall be provided in accordance with City ordinance; 8. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor; 9. The Applicant shall locate dumpsters so as not to impede fire access; 10. The Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged; 11. The Applicant shall enter into a re -assessment agreement prior to issuance of a Certificate of Occupancy; 12. The Applicant should obtain, if possible, a signed agreement with the Valley Shepherd Church of the Nazarene to allow parking for the property on the Church's property; and 13. The Applicant shall submit and obtain approval from Central District Health Department of their plan for the food establishment. C. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein, other conditional use applications, or the ordinances of the City of Meridian. 10. The above -conditions are concluded to be reasonable and the Applicant shall meet these conditions. 11. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. HUNTER INVESTMENT, INC. WILLIAM Gr BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE MALLEI' A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 8874113 Public Works/Budding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 88&4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY PA Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 4. 1997 TRANSMITTAL DATE: 1/25/97 HEARING DATE: 3/11/97 REQUEST: Conditional Use Permit for general commercial use BY: Hunter Investments Inc. LOCATION OF PROPERTY OR PROJECT: 815 East First Street JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIANI IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF REC I (PREL'2 FINA CITY FILES (/o OTHER: YOUR CONCISE REMARKS: FEB17199 CTY 0 j4t'W WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place b Live CITY OF 1VIERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888.4433 • FAX ON) 887.4813 Public Works/Building Depament (208) 887-2211 Motor Vehicle/Drivers Uceate (208) 888-4443 ROBERT D. Q/RR1E Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: WE Berg, City Clerk by: March 4.1997 TRANSMITTAL DATE: 1/25/97 DARING DATE: 3/11/97 REQUEST: Conditional Use Permit for -general commercial use BY: Hunter Investments Inc. LOCATION OF PROPERTY OR PROJECT: 815 East First Street JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN. POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLAG ASSOCIATION -CENTRAL DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES n OTHER: �- ` `7 YOUR CONCISE REMARKS: CCENTRAL CEN1 KAL DISTRICT HEALTH DEPART TIENT C, DISTRICT Environmental Health Division i HEALTH Return to: DEPARTMENT ❑ Boise ❑ Eagle Rezone # ❑ Garden city Conditional Use # CCNcF2/a L �„y,y�zc,�L Se= 4 F%S E IFIXs; '9 Meridian Preliminary /Final /Short Plat El KunaE] ACZ AV.v:�-7Z TNvcs;� eEV ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ,® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: .Il- central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ?3. 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 FOM ❑ 12. Street Runoff is not to create a mosquito breeding problem. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. .E 14. We will require plans be submitted for a plan review for any: 1Kfood establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 15. Date: 3 / 3 /97 Reviewed By: (DHD 10/91 rcb, w 1/95 Review Sheet WILLIAM G' BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. -BILL- GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIAN, IDAHO 83642M IDM (208) 888-4433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-44.43 27" ROBERT D. CORRIE COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY L JI H� airman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY Mayor NAAARA & MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT! jRT POJECTS 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: March 4, 1997 TRANSMITTAL DATE: 1/25/97 HEARING DATE: 3/11/97 REQUEST: Conditional Use Permit for general commercial use BY: Hunter Investments Inc. LOCATION OF PROPERTY OR PROJECT: 815 East First Street JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P2 MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P2 ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO. (PRELIM. & FINAL PLAT) WALT MORROW, C/C U.S. WEST (PRELIM. & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY _DEAR COMMISSIONERS: CITY ENGINEER CITY PLANNER THE NAMPA & MERIDIAN IRRIGATION DISTRICT HAS NO COMMENT ON THE ABOVE REFERENCED APPLICATION. SINCERELY- MERIDIAN PLNJNG &ZONING ISSION MEETING: March 11, 1997 APPLICAN-�_MUNTER INVESTMENTS INC. 11 AGENDA ITEM NUMBER: 16 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR GENERAL COMMERCIAL USE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. I WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. -BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY MEMORANDUM: March 6, 1997 To: P&Z Commission/Mayor & Council From: Bruce Freckleton, Assistant to City En 'neer Shari Stiles, P&Z Administrator Re: Request for Conditional Use Perritt for General Commercial Use at 815 E. First Street by Hunter Investments, Inc. This building is one of the many existing in the City of Meridian's Old Town District. It is to be noted that all uses in the Old Town District have been stated as Conditional Uses. However, many and varying uses presently exist in Old Town which may be maintained and new uses of the same or similar nature on the same parcel of property may not need to obtain a conditional use permit for that new use. The Zoning Administrator will provide a statement, if requested, that a conditional use need be obtained or need not be obtained. He (or she) may also refer the request to the City Council. Since the use being requested is for an espresso shop, which is not similar to the previous use, the Applicant was requested to apply for a conditional use permit. We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: Each tenant shall obtain a certificate of occupancy prior to opening for business. 2. All signage shall be in accordance with the standards set forth in Section 11-2415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning & Zoning Department. A -frame and other temporary signs will not be permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed for all signage. 3. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 4. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. P&Z Commission/Mayor & Council March 6, 1997 Page 2 5. Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged. A re -assessment agreement will be entered into with the Applicant prior to issuance of a certificate of occupancy. 6. The property does not provide any off-street parking. A vacant dirt lot south of the building is being used for parking. The Applicant should obtain a signed agreement with the Valley Shepherd Church of the Nazarene, if possible, to allow parking on the Church's property. ,WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. -BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887.4813 Public Works/Building Deparanent (208) 887-2211 Motor Vehicle/Drivets License (208) 888.4443 ROBERT D. CORRiE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 4. 1997 TRANSMITTAL DATE: 1/25/97 HEARING DATE: 3111/97 REQUEST: Conditional_ Use Permit for general commercial use BY: Hunter Investments Inc. LOCATION OF PROPERTY OR PROJECT: 815 East First Street JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C - CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAI4 IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELM & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RE I (PRELIM CITY FILES OTHER: YOUR CONCISE REMARKS. FEB 2 7 1991 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL- GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place w Live CITY OF 1VIERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (209) 888.4433 • FAR ON) 8874813 Public Works/Building Depament (208) 887.2211 Motor Vehicle/Drivers Licase (208) 8884443 ROBERT D. CDRRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P& Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: WE Berg, City Clerk by: March 4,1997 TRANSMITTAL DATE: 1/25/97 FEARING DATE: 3/11/97 REQUEST: Conditional Use Permit for general commercial use BY: Hunter Investments Inc. LOCATION OF PROPERTY OR PROJECT: 815 East First Street _JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P2 GREG OSLUND, P2 -KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN, POST OFFICE (PRELIM. & FINAL PLAT) ADA COLWTY HIGHWAY DISTRICT ADA PLAMi 4G ASSOCIATION CENTRAL DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT ______SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) ____,_CITY FILES OTHER: _ +Q r7 YOUR CONCISE REMARKS: 7`'h i .3 tom, [./ / CENTRAL C:09-ff DISTRICT HEALTH DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: Conditional Use # 6�-N,�F��L �o.HM c�u,L Sc a Fly E Preliminary / Final / Short Plat ///J,V7L-7L 7WVaS7"MEnl .Z;J c ❑ Boise ❑ Eagle ❑ Garden city Meridian ❑ Kuna ❑ ACz ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ,e 8. After written approval from appropriate entities are submitted, we can approve this proposal for: .i- 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. Street Runoff is not to create a mosquito breeding problem. ❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 7E 14. We will require plans be submitted for a plan review for any: Mood establishment ❑ swimming pools or spas ❑ child care center El. 15. ❑ beverage establishment ❑ grocery store Date: 3 / 3 /97 Reviewed By: Review Sheet CDHD 10/91 rcb, rev. 1/95 ,WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST EDAHO MERIDIAN, IDAHO 83642M i7 (208) 888-4433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Driven License (208) 888-4443 2Y FM ROBERT D. CORRIE Lam! COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY HNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY Mayor NAlNARA & MERIDIAN IRR(GAT1'C-N Di'zTp1^T 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: March 4,1997 TRANSMITTAL DATE: 1/25/97 HEARING DATE: 3/11/97 REQUEST: Conditional Use Permit for general commercial use BY: Hunter Investments Inc. LOCATION OF PROPERTY OR PROJECT: 815 East First Street JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERMAN POST OFFICE (PRELIM. & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P2 ADA PLANNING ASSOCIATION KEITH BORUP, P2 CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO. (PRELIM. & FINAL PLAT) WALT MORROW, C/C U.S. WEST (PRELIM. & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY DEAR COMMISSIONERS: CITY ENGINEER CITY PLANNER THE NAMPA & MERIDIAN IRRIGATION DISTRICT HAS NO COMMENT ON THE ABOVE REFERENCED APPLICATION. STN(FRFT.V il 3 MERIDIAN PLANNING & ZONING COMMISSION MEETING: April 8 1997 APPLICANT: HUNTER INVESTMENTS INC. AGENDA ITEM NUMBER: 7 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. U BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION HUNTER INVESTMENT, INC. APPLICATION FOR CONDITIONAL USE PERMIT FOR GENERAL COMMERCIAL TO INCLUDE RETAIL 815 EAST 1ST STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for public hearing on March 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, t Howard Foley, 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 Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 11,.1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 11, 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. 2. This property is located within the City of Meridian and the Applicant is owner of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. HUNTER INVESTMENT, INC. 3. Pursuant to the application, the request is for a conditional use permit for general commercial, including retail sales. The property is presently used as a newspaper publication and sales office, and an antique store. The future plans for the property are to change that portion of the property presently used for an antique store to an espresso shop and bakery with accompanying sales and service. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 4. The property is currently zoned (OT) Old Town. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Bakery Stores, Retail Stores and Restaurants are listed as conditional uses in the (OT) Old Town District and, therefore, in the (OT) Old Town District a conditional use permit for the operation of an espresso shop and bakery with accompanying sales and service is required. 5. The (OT) Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi -public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. HUNTER INVESTMENT, INC. 6. Conditional Use Permit is defined in the Zoning and Development Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The property is located at 815 East 1st Street, Meridian, Ada County, Idaho. 8. Pursuant to the application, the property is presently surrounded by restaurant, commercial and retail businesses. Immediately to the south of the property is the Sunrise Cafe and further south is El Zocalo Restaurant. A city pocket park is scheduled for construction to the east. To the east of the property and south of said park is the old Intermountain Arms building. Immediately, to the north and west of the property is the Nazarene Church. To the northeast of the property is an automobile body shop and a lawn mower repair shop. To the north of the automobile body shop and lawn mower repair shop is Paisanos' Italian Restaurant. 9. The Assistant to the City.Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full. Their comments included, but are not limited to, the following: a. Each tenant shall obtain a Certificate of Occupancy prior to opening for business; b. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning and Zoning Department. A -frame and other temporary signs will not be permitted and will be removed upon three days notice to the Applicant. Sign permits are needed for all signage; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. HUNTER INVESTMENT, INC. c . Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes; d. Screen trash enclosures are to be provided in accordance with City ordinance. The Applicant is to coordinate dumpster site locations with the City's solid waste contractor. The Applicant is to locate dumpsters so as not to impede fire access; e. The Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged. A re -assessment agreement will be entered into with the Applicant prior to issuance of a Certificate of Occupancy; and f. The property does not provide any off-street parking. A vacant dirt lot south of the building is being used for parking. The Applicant should obtain a signed agreement with the Valley Shepherd Church of the Nazarene, if possible, to allow parking on the Church's property. 10. The Ada County Highway District has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 11. Central District Health Department, submitted comments, which comments are hereby incorporated herein as if set forth in full; that after written approval from appropriate entities are submitted, it can approve this proposal for central sewage and central water; and that Central District Health Department will require plans to be submitted for a plan review of any food establishment. 12. Meridian City Police Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. HUNTER INVESTMENT, INC. 13. Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; that this application will be okay with the Meridian Fire Department if all codes are met. 14. The Applicant's representative, Howard Foley, testified substantially as follows. With regard to the comments submitted by City staff, the applicant does not know whether the comment concerning the need for a conditional use permit is a standard comment. Many things [business activity] have occurred in the Old Town District, and the property has been used for different purposes, including Popcorn Alley and as the original telephone building in the City of Meridian. What uses will occur in the future is a guess. Rather than being obstinate as to whether a conditional use permit is required, the Applicant recognizes that the property is in the Old Town District and, accordingly, is proceeding with the application. The Applicant has no problems with the requested conditions which are set forth in the comments from the City staff. With regard to comment number 4. of the memorandum from the Assistant to the City Engineer and the Planning and Zoning Administrator, the Applicant provides one trash can, and it seems excessive to the Applicant to provided a screened trash enclosure. If a screened trash enclosure is necessary, the Applicant is happy to provide it. With regard to comment number 5. of said memorandum, it is difficult for the Applicant to assess any anticipated water or sewer needs. The Applicant does not know how to determine the anticipated amount water or sewer use an espresso FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. HUNTER INVESTMENT, INC. shop will require. The Applicant would be willing to request from the Nazarene Church a signed agreement for parking. The parking areas of the Nazarene Church have been used in the past. 15. In response to questions of Commissioner MacCoy, the Applicant's representative testified substantially as follows. He did not see a request that the Applicant pave the alleyway. The area which extends beyond the structure on the property is approximately 10 feet to the south and 20 feet to the west. The area which surrounds that area is not owned by the Applicant. He believes this area is owned by the Nazarene Church. There exists a partition wall dividing the building between the portion used for the Valley News and the portion of the building to be used by the proposed espresso/bakery shop. The wall is not a bearing wall. He does not know whether the espresso/bakery shop will expand to take over the entire building. The Applicant offered the entire building to the entity which owns the Valley News, but it declined to take the additional space. 16. In response to questions of Commissioner Borup, the Applicant's representative testified substantially as follows. There is a shared use of the parking areas and trash facilities with neighboring properties. The shared use of these areas and facilities is based upon an understanding that the neighboring properties can share them. There has not been a written agreement into which anyone has entered for the shared use. He believes there may exist concerns by the officers of the Nazarene Church that they do not want to be bound or bind future officers. He is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. HUNTER INVESTMENT, INC. willing to request a written agreement from the Nazarene Church for use of the parking area. Since the Applicant purchased the property, there has been the shared use of the parking areas and facilities. However, there is no way in which he can for certain obtain an agreement from the Nazarene Church for the shared use. 17. In response to further questions of Commissioner Borup, the Applicant's representative testified substantially as follows. The Nazarene Church owns the vacant lot to the west of the property. The Sunrise Cafe owns the vacant lot between the property and the Sunrise Cafe building. 18. Chairman Johnson commented with the Applicant's representative's comments concerning the attempt to obtain a written agreement with the Nazarene Church. He stated that he has been through the same process with the Church. The Church would prefer not to have anything in writing, but is very agreeable to allow the use of the parking areas. 19. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. HUNTER INVESTMENT, INC. 3. The City has the authority to take judicial notice of its ordinances and proceedings, other governmental statues and ordinances, and of actual conditions existing within the City and state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The Commission has judged this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page B. HUNTER INVESTMENT, INC. 7. 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning and Development Ordinance requires a conditional use permit to allow the use; C. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; e. The property has sewer and water service already connected, but the Applicant may have to pay additional fees for the 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. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to pe,rson, property or the general welfare by reason of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. HUNTER INVESTMENT, INC. excessive production of traffic, noise, smoke, fumes, glare or odors; h. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Police Department, Meridian Fire Department, Central District Health Department, and the Nampa Meridian Irrigation District, which requirements specifically include: 1. Each tenant shall obtain a Certificate of Occupancy prior to opening for business; 2. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance; 3. All signage shall receive design approval of the Planning and Zoning Department; 4. A-frame and other temporary signs shall not be permitted and shall be removed upon three days notice to the Applicant; 5. Sign permits shall be required for all signage; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. HUNTER INVESTMENT, INC. 6. New construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes; 7. Screen trash enclosures shall be provided in accordance with City ordinance; 8. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor; 9. The Applicant shall locate dumpsters so as not to impede fire access; 10. The Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged; 11. The Applicant shall enter into a re -assessment agreement prior to issuance of a Certificate of Occupancy; 12. The Applicant should obtain, if possible, a signed agreement with the Valley Shepherd Church of the Nazarene to allow parking for the property on the Church's property; and 13. The Applicant shall submit and obtain approval from Central District Health Department of their plan for the food establishment. C. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein, other conditional use applications, or the ordinances of the City of Meridian. 10. The above -conditions are concluded to be reasonable and the Applicant shall meet these conditions. 11. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. HUNTER INVESTMENT, INC. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER OSLUND VOTED COMMISSIONER MACCOY VOTED COMMISSIONER MANNING VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. HUNTER INVESTMENT, INC.