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HomeMy WebLinkAboutLumberman's Building Center VAR 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" CORDON, 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 MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Seatember 30. 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10/7 /97 REQUEST: Variance for Lumberman's Building Center BY: Lumberman's Building Center LOCATION OF PROPERTY OR PROJECT: 415 E. Broadway JIM JOHNSON, P/Z MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT 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 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 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY ATTORNEY CITY ENGINEER CITY PLANNER ( , CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLI ATION (RE: Meridian Zoning Ordinance) NAME: _~.~ ~ ~~. ~^ % Y~ ,^n.r= ~,~' S ~y-~, , ~~ ~ ~r'~C, 1 "F's ~ _ f -~ Phon ' u (Owner or holder of valid option) ' ADDRESS: /~"~~ -~ 1 r 1' GENERAL LOCATION: ~''' ~ '~- ~~~'rw(~. (`'-„~.,, ~"l,:.~, .~ LEGAL DESCRIPTION OF PROPERTY: C~ ~. `~ .~ ~ ' ~ =- 1~1k~~~,v, ~da, !c~~ '_''ME~~d~CC, PROOF OF OWNERSHI OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: -~- ~-- VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a variance must be attached. ('This information is available from the County Assessor.) r. DESCRIPTION OF PROPOSED VARIANCE: 1 p r~ ! ~ S ~`: ~' ! _' C':'4 ',C~, ,y 1 r' • - L' t~ C~~~l~ 1, SIGNATURE: ~~~ ~~ ~ ~ll ~ ~ CITY COUNCIL RECORDS Date Received C~ Council Hea 'ng Date Received by ~ ~ B U I L D I N G C ENTER S To: City Council From: Ed Pierce Lumbermens Building Centers 632 East lst Street 888-1457 Re: 415 E Broadway Sec 7 3N lE, Block 9 Rowan Addition Amended This property and building was originally a lumber yard built by Boise Cascade. It has since been office space and a classroom for Northwest Linesman College. It is owned by Onion Pacific Rail .Road and the building belongs to Boise Cascade Corporation. Subject Property is currently an empty building with half of the property being occupied by Lumbermens as~a satellite yard to support our main yard at 632 E lst Street. Lumbermens is currently negotiating with Boise Cascade to buy the building. We would like to relocate our whole facility to this property and occupy the property and building. The only interior work will be the removal of non-bearing walls that have been added to the original floor plan. We will need to build a 20' X 100' lean-to storage building on the east side of building. One of the special conditions that exist with this property is that it is owned by the Rail Road and cannot be sold to us. If we were forced to put curb, gutter and sidewalk in it would not be cost effective for Lumbermens to bear that expense for property they could never own. According to the ACRD the right of way on Broadway between E 3rd Street and E 5th Street is 100', of this 100' feet 40' from the center to Broadway, North (residential side) and 60' from the center of Broadway, South (subject property side). The existing fence at subject property is at 40' from the center of Broadway. To meet ordinance this fence would have to be moved back 40' (20' for 60' right of way & 20' for planting strip). This would leave a 48' void between where the asphalt ends and the curb and gutter begins because the asphalt is only 24' wide (12' from center line). Going across the front of the building it would leave us only 8' between store and edge of planting strip., therefore, eliminating all our customer parking in the front. If we had to make more parking within the facility it would cut down more of our space, defeating our purpose of moving to the larger facility. One of BMC Wests ~oraae buildincrs which set •pproximately 120' from our NW corner is setting on the same line as our fence (40' off center of Broadway). This makes this building 20' over the 60' right of way from the center of Broadway. If curbs and gutters were put in they would dead end in to the side of a building. There. also is no existing curbs or gutters on the south side of Broadway for us to connect to or to get elevations from. To the east of subject property is an empty field, therefore, a sidewalk would just end onto a weeded field. The front of the store is landscaped with numerous shrubs and 9 good sized trees. Because the store is not occupied it is run down. We would clean up the front and add more shrubs and maintain it. We are asking for a variance of a 20' planting strip across the front of subject property because of the for mentioned conditions. In turn we would put slats in the existing fence to shield the view of the yard from the residence across the street. The existing run down wood fence in front would be replaced with slatted chain link fencing. Any type of landscaping along fence would be in the right of way and we would have .to enter into some kind of license agreement with ACHD. They in turn would want to lease this property to us creating another expense not to mention that the fence is already 20' over the right of way as it sits now. Also, for some peculiar reason the 100' right of way is only between E 3rd and E 5th then it goes back to 80'. Another condition that exists is according to ACHD there is a right of way for E 4th Street to continue on through to the railroad tracks causing another 40' right of way on the West side of property between BMC West Door Shop. It just does not sense to us to pay the expense of curbs, gutters and sidewalks on property we cannot own or that some day they may connect 4th Street clear through and take more space away. We feel if things are left as they are we can provide adequate parking for customers in front of store (off street). We can provide employee parking on site. The area. would be cleaned up for appearance, the fence would be slatted. We would be able to unload trucks within the facility, not on the streets. If we should have to meet the ordinance we would have no other choice but to look elsewhere, leaving an empty lot and building that is basically unsalable. If Boise Cascade could not sell this building and was only able to lease it out it would not solve the problems of parking along the street and the unloadir_g of trucks on Broadway. By granting this variance you allow us to stay and grow in your community and make a positive improvement in subject property. By granting this variance we feel we are not getting any special privileges or conditions that would stop progress or improvements in the future. If ACHD decided to improve Broadway there are no structures to be moved, only a fence that has existed for over 20 years. In the event that they did improve Broadway, BMC West would have to tear down a storage building. 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 WorksBuilding 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 MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 30, 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10/7 /97 REQUEST: Variance for Lumberman's Building Center BY: Lumberman's Building Center LOCATION OF PROPERTY OR PROJECT: 415 E. Broadway JIM JOHNSON, P2 MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT 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: ^~ CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: I.._.; ~, ivy ~~C ~^ w~C ~~ S `~Lt! ~ '~ i ~Ct (. `E'i'~ ~~ r Phone:~C~g-~~g-~ 457 (Owner or holder of valid option) ADDRESS: ~~~ ~ ~~~ ~~r~-C' GENERAL LOCATION: ~C~~ LEGAL DESCRIPTION OF PROPERTY: CAL ~ ~ ~ l ~ ~C~1ka~~~v~ ~C1~io~~ ~v~ne~,decl PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: ~ ~-' VICINITY SKETCH: ~A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the partcel(s) proposed for a variance must be attached. ('This information is available from the County Assessor.) .--, ~ DESCRIPTION OF PROPOSED VARIANCE: ~ Ct ~t F` ~ ~~ . ~ C111~ dG Y1 ~ ~ , ~ ~ ~ ' SIGNATURE: Zl ~ ~- CITY COUNCIL RECORDS Date Received Received by. C~ Council Hearing ate LZTMBERME1rS To: City Council From: Ed Pierce Lumbermens Building Centers 632 East 1st Street 888--1457 Re: 415 E Broadway Sec 7 3N lE, Block 9 Rowan Addition Amended This property and building was originally a lumber yard built by Boise Cascade. It has since been office space and a classroom for Northwest Linesman College. It is owned by Union. Pacific Rail Road and the building belongs to Boise Cascade Corporation. Subject Property is currently an empty building with half of the property being occupied by Lumbermens as a satellite yard to support our main yard at 632 E 1st Street. Lumbermens is currently negotiating with Boise Cascade to buy the building. We would like to relocate our whale facility to this property and occupy the property and building. The only interior work will be the removal of non-bearing walls that have been added to the original floor plan.. We will need to build a 20' X 100' lean-to storage building on the east side of building. One of the special conditions that exist with this property is that it is owned by the Rail Road and cannot be sold to us. If we were forced to put curb, gutter and sidewalk in it would not be cost effective for Lumbermens to bear that expense for property they could never own. According to the ACRD the right of way on Broadway between E 3rd Street and E 5th Street is 100', of this 100' feet 40' from the center to Broadway, North (residential side} and 60' from the center of Broadway, South (subject property side). The existing fence at subject property is at 40' from the center of Broadway. To meet ordinance this fence would have to b~ moved back 40' (20' for 60' right of way & 20' for planting strip). This would leave a 48' void between where the asphalt ends and the curb and gutter begins because the asphalt is only 24' wide (12' from center line). Going across the front of the building. it would leave us only 8' between store and edge of planting strip, therefore, eliminating all our customer parking in the front. If we had to make more parking within the facility it would cut down more of our space, defeating our purpose of moving to the larger facility. • One of BMC Wests storage buildings which sets approximately 120' from our NW corner is setting on the same line as our fence (40' off center of Broadway). This makes this building 20' over the 60' right of way from the center of Broadway. If curbs and gutters were put in they would dead end in to the side of a building. There also is no existing curbs or gutters on the south side of Broadway for us to connect to or to get elevations from. To the east of subject property is an empty field, therefore, a sidewalk would just end onto a weeded field. The front of the store is landscaped with numerous shrubs and 9 good sized trees. Because the store is not occupied it is run down. We would clean up the front and add more shrubs and maintain it. We are asking for a variance of a 20' planting strip across the front of subject property because o£ the for mentioned conditions. In turn we would put slats in the existing fence to shield the view of the yard .from the residence across the street. The existing run down wood fence in front would be replaced with slatted chain link fencing. Any type of landscaping along fence would ,be in the right of way and we would have to enter into some kind of license agreement with ACHD. They in turn would want to lease this property to us creating another expense not to mention that the fence is already 20' over the right of way as it sits now. Also, for some peculiar reason the 100' right of way is only between E 3rd and E 5th then it goes back to 80'. Another condition that exists is according to ACHD there is a right of way for E 4th Street to continue on through to the railroad tracks causing another 40' right of way on the West side of property between BMC West Door Shop. It just does not sense to us to pay the expense of curbs, gutters and sidewalks on property we cannot own or that some dap they may connect 4th Street clear through and take more space away.. We feel if things are left as they are we can provide adequate parking for customers in front of store (off street). We can provide employee parking on site. The area would be cleaned up for appearance, the fence would be slatted. We would be able to unload trucks within the facility, not on the streets. If we should have to meet the ordinance we would have no other choice but to look elsewhere, leaving an empty lot and building that is basically unsalable. If Boise Cascade could not sell this building and was only able to lease it out it would not solve the problems of parking along the street and the unloading of trucks on Broadway.. By granting this variance you allow us to stay and grow in your community and make a positive improvement in subject property. By granting this variance we feel we are not getting any special privileges or conditions that would stop progress or improvements in the future. If ACRD decided to improve Broadway there are no structures to be moved, only a fence that has existed for over 20 years. In the event that they did improve Broadway, BMC West would have to tear down a storage building. LffiVIBERMEN~S .~Z ~c 0 0 o~ m 1 ~~ ~ N 1 sooozos"cfza I solozo9r£za ( r ZL9f lfLOl lS 1 ~ ? 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N I ofoooozrola ssooooz+ola " „ li j~t - s loeiola gaooloerola i i I ~ ©Ot06fOla ~ ~ _~ ` seooloerola m --- __ _~ ..~ L L_.1. --~- - " ---o--= I I ! ~ t OBf0008fO1a ~• Cn+nrnFrn i L rc z L9f0006fO1a t9fooostota N x+oooerota ~ • NOTICE OF HEARING NOTICE IS HEREBY GfVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Ha11, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p. m., on October 7, 1997, for the purpose of reviewing and considering the Application of Lumberman's Building Center, for a Variance for land located in Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at 415 E. Broadway. The Application requests a variance to providing a pedestrian walkway and 20 foot planting strip along E. Broadway. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 19th day of September, 1 K. DON, DEPUT1f~fTY CLERK PUBLISH September 19 and October 3, 1997. ~,3. ~ .t' i. ~ µ .l~tp ! ~ 1~ 41~a~,}~~§ T1ir4-S' ~!t t ,~t~rd ~ ~ 811' rs ~- ! ~ ~Y t ti .. ri S~, _ ~t i I ~: LLs4 ~:~+ ,.~~ ~~; tom~(( t ~ Y ~y I q ~ .. I ~1l ~rO ,Z ~ ~' l .` {yff ,: f ~ fy tl v i r ~Ae ~ ~ Vii. y! _~ ~`f" - ~- 6 ~ - i v +; qq ~ /,S'. /' s ~ .~ r. r '-` ~ , \ I. i f ; .. - ~'`., 1 I ' ` ~ N A ` ,' ~ ,! ~l t ~ * . / ~ {~ ~ 1 G r •V~L -/ t ~ ~~ s . . _ . a ~ i. _~ x f L L ^J` ' ,~ 1 3 t~ ~~ ~; zd ~... (it. N fir r } f. i;:- ~~ 1 '~= ~ ~. ~( i I I 1 1 ~~' i ~. E ;,~ y~ ~ ,~y.~ Y "q~co~ i "tL~ap ~ I i X ~ N I~ 1 C j ~ ~~~~~~ /1 J~ ~~ _ ~, ~`~~( l ~~ /~f^ ~\ • • LUMBERMEN'S REQUEST FOR VARIANCE 87596000125 KEELE KATHERINE I 5701 S OLEANDER PL BOISE ID 83716-6853 325 E IDAHO AVE 87596000115 WHEELER LOREN 333 E IDAHO AVE MERIDIAN ID 83642-2637 87596000470 PARKS LARRY DALE 726 E 04TH ST MERIDIAN ID 83642 & AUDREY L, TRUSTEES 87596000460 MOORE ROBERT W ET UX 417 E IDAHO AVE MERIDIAN ID 83642-2639 87596000450 DWYER EDWARD LEE & OVERGARD NANCY KATHLEEN 421 E IDAHO AVE MERIDIAN ID 83642-2639 87596000435 BOGGIS CONNIE 11370 CHAPIN AVE BOISE ID 83709-6615 731 E 05TH ST 82336020050 MARTINEZ SHEILA & DAVID 503 E IDAHO AVE MERIDIAN ID 83642-2641 82336020040 FUHRMAN KENT A 513 E IDAHO RVE MERIDIAN ID 83642-2641 509 E IDAHO AVE 82336020060 WIPPER WALLACE J & 11919 CAMAS ST BOISE ID 83709-1125 720 E 05TH ST 87596000200 MARKS L H & BEULA CO-TRUSTEES ROBERT MARKS 10373 TREELINE ST BOISE ID 83704-6332 330 E BROADWAY AVE 87596000210 HEATH JOHN A 336 E BROADWAY AVE MERIDIAN ID 83642-2626 87596000215 HORTON G RICHARD PO BOX 910 MERIDIAN ID 83680-0910 342 E BROADWAY AVE 87596000485 CURTIS JOHN E & LINDA G 406 BROADWAY AVE MERIDIAN ID 83642 87596000500 LUKE DANIEL W 412 E BROADWAY AVE MERIDIAN ID 83642 87596000510 TWOMEY MATTHEW 2420 MCKINNEY ST BOI5E ID 83704-6016 420 E BROADWAY AVE 87596000520 EVERHEART DANIEL W 428 E BROADWAY AVE MERIDIAN ID 83642-2628 87596000530 KING CLARENCE D & PAMELA 436 E BROADWAY AVE MERIDIAN ID 83642-2628 82336020065 CAROLINE R ARTE RICHARD P & MARY L 1548 N VINEYARDS AVE MERIDIAN ID 83642-1990 714 E 05TH ST 87596000185 RAYMOND DAVID A 318 E BROADWAY AVE MERIDIAN ID 83642-2626 82336020075 O'KEEFFE CORNELIUS E & SALLY ROSE 4754 WILLOW LN BOISE ID 83703-4350 508 E BROADWAY AVE • • 82336020085 BENTLEY TERESA JEAN SMITH 2929 WILDWOOD ST BOISE ID 83713-5072 518 E BROADWAY RVE 82336020095 JEMS LTD PARTNERSHIP 909 WYNDEMERE DR BOISE ID 83702-1366 526 E BROADWAY AVE 82336020070 CROW DANIEL L 704 E 05TH MERIDIAN ID 83642 01107325600 H B C MERIDIAN LUMBERMENS PO BOX 3406 OLYMPIA WA 98509-3406 632 E 01ST ST 87596000545 OREGON SHORT LINE R R CO PROPERTY TAX DEPARTMENT PO BOX 2500 DENVER CO 80201-2500 01107325500 BOISE CASCADE CORP PROP TAX DEPT PO BOX 50 BOISE ID 83728-0050 415 E BROADWAY AVE 81042250015 COBBS I,YLE R & DONNA L AND BROWN C COMER & HRZEL V 326 N ORCHARD ST BOISE ID 83706-1627 521 E 03RD ST 81042250035 SIMPLOT J R CO SIMPLOT SOIL BUILDERS PO BOX 27 BOISE ID 83707-0027 360 E BOWER ST 81042250130 BUCHRNAN DARWIN L ~/~ ~ /, ~~ PO BOX 383 _1 MERIDIAN ID 83680-0383 502 E BOWER ST i~~ .z l ~ ! li j I . j I .I. i ~ ~ I z o o l I i I ~~ I °r i ' ,~, ,' I' j ~ I ~ .~- ,. ~ - DDr9 r-cDllS, S 9LB1 KLOllS I I ___:__.__.-.__.,.r_.,_____ \ n j l ~ a 1~l ~~~ ~L o l i o / I ! 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" Y, ~. ~ -F rn ... ~ ~ -, ~~,~~s L ~ ~Y 1 I ~ x ~ C ~ 1. ~, V '~ ` _ c^s ! I _ ' LL i /~ O . ~ •'~~ O . , i ~dT ~~~ ~ 7r r I' Meridian City Council October 21, 1997 Page 5 ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR LUMBERMAN'S BUILDING CENTER - 415 E. BROADWAY: Corrie: Council, any questions? Morrow. Mr. Mayor, points of discussion with respect to these findings of fact and conclusions. We had some discussions at length last time concerning the property and the fact that the bearing right of ways the issue with respect to being leased property and so on and so forth. Item #17 in the findings of fact says that it is concluded that the variance should be granted provided the applicant submits a landscape and screen and buffer plan to the Planning and Zoning Administrator showing how the applicant proposes to provide screening and buffering (Inaudible). In fact there are no homes that surround the lumberyard there are homes across the street. The issue with respect to landscaping in front of the building there is currently landscaping that has not been maintained but would be with the occupations of Lumberman's. I don't see given the fact with what also was there on the street that any additional landscaping would be needed. This goes onto say that the plan may show less than a 20 foot strip but it must show that there will be sufficient screening and buffering for the neighbors for the neighbors. The plan may be submitted to the Council if the Planning and Zoning Administrator believes that it should be approved by the Council. Well the point is along that area having just come from there this evening those for the most part are all asphalted areas where there is currently parking. There is landscaping in front of the building that currently exists. It talks about a 20 foot strip there is no place there the 20 foot strip would work and not interfere with right of way and access to and from the business.. I am generally supportive of the findings of fact and conclusions with the exception of paragraph 17. Corrie: Any other comments from Council? Rountree: To that point and I agree with ho~.v Walt summarized that, the applicant did indicate however that they would be making some improvements in some of the landscaping that existed and some of the conditions that existed. I think they talked about doing something with the chain link fence to screen off their yard. I think that is on record, I think that is their intent, I believe that is their intent. If we need something in the findings of fact to represent that intent I have no problem with the deletion of item 17 with something substituting for their intent. If we can take their testimony that would satisfy me as well. Tolsma: 1 agree with `Walt and Charlie myself. Stiles: I like it the way it is written. Morrow. Mr. Mayor, I am prepared to move that we approve the findings of fact and conclusions of law amending or striping item 17 on page 8 and adding a paragraph that indicates that the City requires the cleaning and enhancement of existing landscaping Meridian City Council October 21, 1997 Page 6 and the chain link fence screening inserts as testified to by Ed Pierce in his presentation. Rountree: Second Corrie: Motion made to approve the findings of fact and conclusions with striking item 17 and inserting the comments about the City requiring improvements by the landscaping and seconded, any further comments? Roll call vote ROLL CALL VOTE: Morrow -Yea, Tolsma Yea, Rountree -Yea, Bentley -Yea MOTION CARRIED: All Yea Corrie: I will entertain a motion for the decision. Rountree: Mr. Mayor, I move that the City Council decides the variance to the requirements to provide curb, gutter, sidewalks and the requirement fora 20 foot planting strip by Lumberman's is granted provided that Lumberman's submit and continue with their pledge in the testimony to do landscape improvements and improvements to the yard fencing. Morrow. Second Corrie: Motion made and seconded on the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST FOR AN OFF PREMISE SIGN BY WILLIAM T. RITTER, DDS - 317 W. CHERRY LANE: Corrie: Council, you have the findings before you, any discussion or comments? I will entertain a motion for the findings. Morrow: Mr. Mayor, I would move that we approve the findings of fact and conclusions of law as written. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Morrow Yea, Tolsma -Yea, Rountree -Yea, Bentley -Yea • ~ MERIDIAN CITY COUNCIL MEETING: OCTOBER 21,1997 APPLICANT: LUMBERMAN'S BUILDING CENTER ITEM NUMBER: 7 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS ~ g 1 J~ ,~,~~~~ c~P~ c~ ~c ~o~~ ~,~P OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • ~ BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF LUMBERMEN'S BUILDING CENTER FOR A VARIANCE TO REQUIREMENT TO PROVIDE PEDESTRIAN WALKWAY AND REQUIREMENT FOR 20 FOOT PLANTING STRIP FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on October 7, 1997, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for October 7, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 7, 1997, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That the property is zoned I-L (Light Industrial). 4. That the Applicant's application states that the FINDINGS OF FACT & CONCLUSIONS O1~' LAW - PAGE 1 VARIANCE - LUMBERMEN'S BUILDING CENTER Applicant is requesting a variance to the pedestrian walkway requirement and the twenty foot planting strip requirement at the Lumbermen's Building Center at 415 E. Broadway; that Lumbermen's is currently using only a portion of the building as a satellite yard to support its main yard at 632 E. 1st Street; that Lumbermen's is negotiating with Boise Cascade, the present owner of the building, for purchase of the entire building to be used for Lumbermen's entire facility; that the property on which the building sits is owned by the railroad and cannot be sold to Lumbermen's; that if Lumbermen's were forced to put in curbs, gutters, and sidewalks it would not be cost effective since Lumbermen's will never own said property; that the planting strip requirement will leave only 8 feet between the store and the edge of the planting strip for parking in front; that Lumbermen's would have to make additional parking elsewhere, thus cutting down on usable space on the property for operation as a lumber yard; that an existing fence will be repaired to shield the view from the residence across the street from the facility; that there are currently no curbs, gutters, or sidewalks on the south side of Broadway, and thus the curbs, gutters, and sidewalks Lumbermen's would install would dead end into an empty field; that ACHD has a right of way for 4th street to be extended through the property at a later date, destroying all the curbs, gutters, and sidewalks Lumbermen's would install. 5. The entire property in question is described in the variance application and is incorporated herein as if set forth in FINDINGS OF FACT & CONCLUSIGNS OF LAW - PAGE 2 VARIANCE - LUMBERMEN'S BUILDING CENTER • full. 6. That at the L public hearing, the Applicant's representative, Ed Pierce, testified that there are no curbs and gutters in the neighborhood; that it would cost Applicant too much to put in curbs and gutters on property it will never own; that the ACRD has a 100 foot right of way down Broadway and that ACHD has stated they only need 50 feet and that Applicant can apply for a 32 foot vacation of the property, making it possible to get at least a 12-15 foot planting strip in between the sidewalk and the fence; that ACRD may require that Applicant put in a curb, gutter, and sidewalk anyway; and that Applicant intends to increase the amount of landscaping to shield the view of their lumberyard along this planting strip. 7. Councilmen Morrow, Bentley and Rountree all expressed their opinion that they intend to grant the requested variances. 8. That the City Engineer, Meridian Fire Department, Ada County Highway District, Nampa & Meridian Irrigation District, and the Central District Health Department comments, if any, are incorporated herein. 9. There was public testimony opposing the Application given by Tina Sako and Julie Brown that they do not want Lumbermen's in their neighborhood. Mayor Corrie and Councilman Morrow informed the ladies that it was only a hearing regarding the variance request. 10. There was no further testimony at the hearing. FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 3 VARIANCE - LUMBERMEN'S BUILDING CENTER s • CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Planning and Zoning Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-605 G, PLANTING STRIPS, of the Subdivision and Development Ordinance is noted which is pertinent to the Application: That Section 11-9-605 G 1. states as follows: 1. Planting Strips - Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be minimum of twenty feet ( 20' ) wide, and shall not be a part of the normal street right of way or utility easement. .. 6. That Section 11-2-410 B 3. of the Zoning Ordinance states FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 4 VARIANCE - LUMBERMBN'S BUILDING CENTER C~ in part as follows: " requirements, as st: shall be provided." reening and/or other buffex by the Commission or Council, 7. That Section 11-9-606 B. of the Subdivision and Development Ordinance states as follows: 3. Curbs and Gutters: Vertical curbs and gutters shall be constructed on collector and arterial streets. Rolled curbs and gutters shall be required on minor streets. All construction shall be in accordance with the standards and specifications adopted by the Ada County Highway District and the City Council; 11. Sidewalks and Pedestrian Walkwavs: Five foot (5') sidewalks shall be required on both sides of the street, except where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. Pedestrian walkways when required, shall have easements at least ten feet (10') in width and include a paved walk at least five feet (5') in width. Sidewalks and crosswalks shall be constructed in accordance with the standards and specifications as adopted by the Council; 8. That the following provision of Section 11-9-612 A. l., of the Subdivision and Development Ordinance is noted which is pertinent to the Application: 11-9-612 A~ 1. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 9. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 5 VARIANCE - LUMBERMEN'S BUILDING CENTER ~ • 11-9-612 A. 2., FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Plan. 10. That in regards to the Application for a variance from the 11-9-605 G. PLANTING STRIPS AND RESERVE STRIPS, it is concluded as follows in the Conclusions below. 11. That 11-9-605 G 1. requires that planting strips be placed next to incompatible features such as commercial uses to screen the view from residential properties, and because there are houses so close to the Lumbermen's property, it makes complete sense that a planting strip be required. 12. That there have been industrial uses in that area for FINDINGS OF FACT & CONCLUSIONS OF LAW - PAGE 6 VARIANCE - LUMBERMEN'S BUILDING CENTER ~ • many years and the use of the property as a lumberyard is simply an expansion of its present use as a lumberyard now; that a twenty foot planting strip, depending on what was placed in the planting strip, would likely not provide a sufficient land width to provide an effective screening or buffering from the likely impacts of the lumberyard, including noise and the truck traffic going to and from the lumberyard. 13 . That regarding Section 11-9-612 A. 2 . , it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the planting strip Ordinance would clearly be unreasonable, as to only have a twenty foot planting strip may not be sufficient to buffer and screen the houses surrounding the lumberyard; that a smaller planting strip heavily landscaped will likely be more sufficient; that installation of curbs, gutters, and sidewalks on property which cannot ever be owned by applicant and which may be improved in the near future, thus destroying said curbs, gutters, and sidewalks would pose undue expense on the Applicant; and that there are no existing curbs, gutters, or sidewalks in the area. b. That strict compliance with the requirements of these Ordinances would likely result in extraordinary hardship to the Applicant because no additional land can be obtained to provide a twenty foot planting strip without giving up much needed parking in front, it may also cause extraordinary hardship to the surrounding residents if inadequate buffering is provided on a twenty foot strip, and that curbs, gutters and sidewalks are not commonly found in that neighborhood, so they would be a burdensome expense. c. That the granting of the variances would not be detrimental to the public's welfare and possibly injurious to the public so long as the Applicant provides sufficient landscaping as a requirement placed on the granting of the variances. d. That the variances would not have the effect of altering the interests and purposes of the Planting Strip FIa~iDINGS OF FACT & CONCLUSIONS OF LAW - PAvE 7 VARIANCE - LUMBERMEN'S BUILDING CENTER • • Ordinance and the Curb, Gutter and Sidewalk Ordinance if the Applicant provides dense landscaping, this being a condition of the granting of these variances. 14. That 11-2-410 C, SITE PLANNING REVIEW, states in part as follows: "In addition to any other requirements contained in this Zoning Ordinance or in the Subdivision Ordinance, the City in its discretion may require, as a condition of approval, that any use, development or construction have the plans, design, plat, specifications, drawings, actual construction, landscaping, etc., reviewed and approved by the City." 15. It is further concluded that there should not be a total variance of the 11-9-605 G, but a variance that allows the Applicant to not meet the full twenty feet requirement, but as a quid pro quo, that the Applicant provide sufficient screening, buffering and landscaping to shield the surrounding houses. 16. That 11-2-413 B, PROVISIONS FOR COI~II~lERCIAL AND INDUSTRIAL USES, 1., states that no land or building shall be used or occupied in any manner creating objectionable conditions adversely affecting the surrounding areas, except that any use permitted by this Ordinance may be undertaken and maintained if acceptable measures and safeguards are taken to reduce dangerous and objectionable conditions. 17. That it is concluded that the Variances should be granted, provided that the Applicant submits a landscape, screen and buffer plan to the Planning and Zoning Administrator showing how the Applicant proposes to provide screening and buffering for the homes that surround the lumberyard; that the plan may show less than a twenty foot strip but it must show that there will be FINDINGS OF FACT & CONCLUSIONS OF LAA - PAGE 8 VARIANCE - LUMBERMEN'S BUILDING CENTER sufficient screening and buffering for the neighbors; that the plan may be submitted to the Council if the Planning and Zoning Administrator believes that it should be approved by the Council. 18. That if the Applicant is in agreement with these Findings of Fact and Conclusions of Law and the Decision, it shall submit the required plan to the Planning and Zoning Administrator as soon as possible, and before December 1, 1997; if the Applicant is not in agreement the Application shall be deemed denied; that if the Applicant is not in Agreement it shall submit a letter so informing the City within ten (10) days of October 21, 1997. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN MORROW VOTED COUNCILMAN TOLSMA VOTED COUNCILMAN ROUNTREE VOTED COUNCILMAN BENTLEY VOTED MAYOR CORRIE (TIE BREAKER) VOTED FINDINGS OF FACT & CONCLUSIONS Or' LAW - PAGE 9 VARIANCE - LUMBERMEN'S BUILDING CENTER • • DECISION That it is decided the variances to the requirement to provide curbs, gutters, and sidewalks, and the requirement for a twenty foot (20') planting strip by Lumbermen's is granted, provided that Lumbermen's submits a landscaping plan to the Planning and Zoning Administrator on or before December 1, 1997, as a condition of approval. APPROVE • DISAPPROVED: FINDINGS OF FACT & CONCLUaIONS OF LAW - PAGE 10 VARIANCE.- LUMBSRMEN'S BUILDING CENTER 'Meridian City Council October 7, 1997 Page 14 that within the last week or so it isn't and I agree with Councilman Rountree that once we find out what the size of the pipe is, I am not willing to take action without knowing the size of the pipe. If it clearly would work in a 48 inch pipe or less then I think it needs to be covered. If it obviously doesn't fit in a 48 inch pipe then it needs to be a chain link system as it currently is. So that is how I see it. Bentley: Mr. Mayor, I too agree that if this piping situation requires a 48 inch or less then we need to go ahead with the piping. I am not prepared to move on this until we have the piping sized. Morrow. Mr. Mayor, I would move that we table until our meeting of October 21 ~ pending the resolution of the size of the piping. I think that my preference would be to continue the public hearing to allow that testimony. At that point in time take action. Rountree: Second Corrie: Motion made and seconded that we continue the public hearing until October 21 ~ to determine the piping diameter on the lateral, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR LUMBERMEN'S BUILDING CENTER - 415 EAST BROADWAY: Corrie: I will open the public hearing at this time and invite the representative from Lumbermen's to step forward. Ed Pierce, 2636 W. Bridgestone Court, Meridian, was sworn by the City Attorney. Pierce: I represent Lumbermen's Building Center in the request for this variance. We are in the process right now with negotiating with Boise Cascade to buy a building at 415 E. Broadway and there are kind of some special conditions that apply on this property. The property itself we can't buy because it belongs to Union Pacific Railroad, and our reasoning behind applying for this variance as far as putting in curb, gutter and sidewalk was the fact that we felt it would cost us too much money to type of expensive property that we could never really own. So we applied for this variance. In gathering my information to apply for this variance I also discovered that on Broadway for about 3 blocks the right of way that Ada County Highway district has on Broadway is 100 foot wide. It is 40 feet to the residential side from this end of the road and 60 feet to the property side. This puts the existing fence that is out front 20 foot into the right of way and then down the street the BMC West door shop has an existing building that is at the 40 foot mark too which would put it 20 feet into the right of way. As part of the process for applying for a variance Ada County Highway District was involved and was called I think they called it a tech meeting something like that. They did this draft, I don't know if Meridian City Council October 7, 1997 Page 15 you guys got a copy of that or not. What they suggested is they say that they don't need that 100 feet right of way that they can get by with 50 feet and that we can possibly apply fora 32 foot vacation of that property which would make it work out to where the fence would be okay and it doesn't look like they are going to be flexible o the curb, gutter and sidewalk. I am getting prices right now that I can show Lumbermen's so they can decide whether they want to do that expense or not. I figured if their 50 feet is 25 feet from the center and that includes the curb, gutter and sidewalk that would leave between that fence and our sidewalk approximately 12 to 15 feet roughly that we could grass, shrubs, trees we could landscape that without having to move that fence. I have a meeting tomorrow evening at 8 o'clock Ada County Highway District with the Commissioners to go over this and to firm up on the measurements where they figured the center of the street and all of that. I don't think they are going to be very flexible on the curb, gutter and sidewalk. So it looks like we would end up doing that anyway. But whatever strip is left over between our sidewalk and existing fence we would landscape and put grass in or whatever to the City's specifications. I think this will help that area quite a bit because we will also put slats down the chain link fence the full length blocking the view of the lumberyard. We plan on having all of our parking within the facility there wouldn't be any parking in the street which would clean up some the street area and solve some of the parking problems along Broadway. We have already talked to the landscaper about increasing the landscape and fixing the sprinkler system and adding more shrubs and trees. I think it will be a big improvement to that property. That is about all I have unless you have any questions. Rountree: I have a question, you indicated in your testimony that ACHD is not backing off the curb, gutter and sidewalk. Pierce: They didn't act like they would, we can apply for a hardship or whatever. We may do that based on the price of the curb, gutter and sidewalk. I am getting quotes right now and I will present them to our company. They are negotiating with Boise Cascade on this building and whether we get this or not is going to make it conditional of whether we buy it or not. Rountree: I guess my question is if you have already tentatively succumbed to ACHD what is the point of this variance? Pierce: Well at that point I didn't realize, this all happened after I applied for the variance my meeting with them. I don't know, the landscape strip may not be 20 foot wide, it may only be 12 foot or 15 foot so there would be a variance there of some sort. They didn't dive me any exact measurements when this crew went out there they didn't have any exact measurements so I can probably get these measurements tomorrow night at this meeting. Rountree: Then I have a question for Council if they are to pursue the vacation of part of the right of way wouldn't it have to be the rail road that did that application as opposed to someone buying the physical structure on their property. 'Meridian City Council October 7, 1997 Page 16 Crookston: They would either have to do it or they would have to consent to having it done. Rountree: Have you pursued that with the railroad? Pierce: We would do that, because there is also another condition that applies there, 4"' street, they have a right of way for fourth street to go clear through the railroad tracks. Which would go into empty buildings but they are willing, they said we could apply for vacation of that property also. If we didn't then we would have to put half the street in curb gutter and sidewalk down half the building. There is also like a 16 foot right of way through the middle of the back of the yard that we would have to pave and asphalt. It is really strange the way it is set up. Rountree: Have you approached the railroad at all about participating in the roadway improvements? Pierce: We ran into this before at the corner when I was at Hoff s when the City did improvements and all of that. They basically will not pay for any improvements, you are responsible for everything. When they tried to sell the building we had to prove that there had been no fuel tanks in the ground and that was all at our expense too. The rail road would not even take care of that. So I don't know how their contracts are written up (inaudible). Corrie: Anyone else from the public that would like to issue testimony on this request for a variance? Tina Sako, 310 East Broadway, Meridian, was sworn by the City Attorney. Julie Brown, 304 East Broadway, Meridian, was sworn by the City Attomey. Sako: As a resident on East Broadway I have been here before about Idaho Truss and I am deeply opposed to Lumbermen's coming in down there because of the impact it will have on our neighborhood. It affects the quality of our life these lumber trucks and increasing the value of our properties. Brown: I have children, I have a son and those trucks come through there, they don't slow down. We have had problems with traffic along there before and it is just going to get worse with this company moving in now. I can't even sell my house because of the other lumber places and everything else. Nobody wants to live in an environment like that. Sako: It is too noisy the trucks, the forklifts everything. We 2;ready have Idaho Truss pounding nails from 6 in the morning to 11 at night. This is crazy because we feel like we are being pushed out of our neighborhood. 'Meridian City Council October 7, 1997 Page 17 Corrie: You do realize that this is just for a variance for curb and gutter and not for the Lumbermen's to be there, are you aware of that. Sako: They sent notices Corrie: That is fine, what they are asking for is a variance not to put the sidewalk and gutter into the street, not that they can't move down there. Sako: Well we are ignorant as to what is going on. Corrie: That is okay, just so you are aware that we are not discussing whether they can do that move down further it is just the variance tonight is just for the gutter and sidewalk. Brown: So is there going to be a variance on the other? Corrie: No, just the sidewalk and gutter if we allow it. They might not want to have the variance and they are going to put the sidewalk and gutter in anyway. We don't know that at this point because (inaudible). I just wanted you to be aware that we are not discussing whether they can or cannot move across from your house there. That is not the question tonight it is just the variance on the sidewalk and gutter. Brown: Can we then Sako: What are we doing here then? Corrie: Well you are telling, that is a good question, you are telling us what you don't want to see across there. What I am saying it has not bearing on the testimony tonight (inaudible) it doesn't have anything to do with the variance. Sako: Do we get to have a say about them coming into our neighborhood at all? Corrie: No because it is part of the industrial zone they have there and they are allowed to do what they are moving into do. So there is no question of whether they can or cannot. They can legally do what they are doing. The only thing I am telling you tonight is just the variance that we are discussing. So there is no testimony as to whether they can or cannot. They can Morrow: Point of clarification Mr. Mayor, these properties have been lumber intensive essentially forever prior to Lumbermen's being there Boise Cascade for years operated a full service lumber yard there. The trucking that you are referring to the power line school has moved out or is in the process of moving out. But those are all industrial uses, those have all been allowed uses within the railroad corridor essentially from the Meridian City Council • • October 7, 1997 Page 18 beginning of time. So the question as Mayor Corrie states is not whether they have a right to be there or not but simply if they need to put curb and gutter in or not. Sako: I guess we are just concerned and we realize this is a light industrial neighbofiood. However, we are still discouraged we want to know what we can do to prevent anymore disturbances like this in our neighbofiood that are literally destroying the quality of our life. I know it has already been zoned that way, we would like to see it rezoned, so what do we do? Morrow. Well obviously the only people that can rezone is you, you cannot rezone somebody else's property. Essentially what has to happen is the process that we are going through tonight are an example of a governmental process that the property owner has to apply for rezone of his or his own property. Essentially there is not really anything that you can do as long as the users within that zone conform with the rules and regulations of the use of the zone it is kind of a live and let live scenario. You just have to, you may not like it but you have to peacefully coexist. As long as they are operating within the bounds and you are operating within the bounds that is the way it is. Sako: I guess I am a little confused then, when notices were sent out. I trust what you are saying but when notices were sent out to inform the residents that they were coming in why were we informed then? Morrow. Well because there was a variance being asked for there was a variance from the requirement of putting in curb and gutter. Sako: Would that impact our lives this variance on the curb and gutter? Morrow. The only reason you are being notified is in case you might have a strong feeling about having curb and gutter or not having curb and gutter. And you might come and say gee we want them to have curb and gutter because everybody else in the neighborhood has it. So we have a noticing requirement of the 300 feet. Because you live within 300 feet of the property you were noticed so that you had your opportunity to come and speak in the democratic process like you are doing now offering an opinion as to what you think about the proposed changed. Sako: I am deeply confused then. So, what is this curb and gutter then is it something that we need to be concerned about. Morrow. Curb and gutter is what is around the comer and sidewalk and it separates the yard is 6 or 8 inches above the top of the street. The curb is where the yard goes above the street and the gutter is with water flows (inaudible). Sako: And it doesn't have one now? ' Meridian City Council • October 7, 1997 Page 19 Morrow. It is solid asphalt, it extends, that is very typical of industrial areas. It is asphalted all the way through the property lines as Mr. Pierce has testified here earlier is there is conflicting right of ways and several different things going on there that have been allowed to have them because simply until 1976 there wasn't even a land use process. So the turn of the century when the City began to develop until 1976 there was no regulation of anything. All of that stuff has been there prior to that. Sako: (Inaudible) Morrow. Well basically they were asking to have a variance from the requirement of putting curb and gutter and it is a reasonable request because no other curb and gutter exists in the neighborhood. Sako: We have them across the street. Morrow. But that is on the residential side. On the commercial side it doesn't exist. It is also not owned property by them, it is owned by the railroad. So there are several scenarios, for example if you opted to develop your property you might request of us not to require new curb and gutter on your property because the existing curb and gutter is broken down and so on and so forth and it wouldn't make a lot of sense to invest that money because the streets would be redone and so forth in the future. Historically we have granted that request within your neighborhood within walking distance of your homes as businesses have redeveloped. So this is not an unusual request at all. It is the same request that you might ask of us at some point in the future. Sako: I doubt it, so what you are saying is why were we notified. Morrow. Because it is a governmental process and you have to have an opportunity to speak whether you like a project or don't like a project and that is a requirement that we as a City by State statute have to follow. So we are required to give you those notices by our ordinances and by the State statutes so that if you have an opinion you have an opportunity to express it. Sako: Are you making a decision about whether or not (inaudible) Lumbermen's can not have the curb and gutter basically? Morrow. We will be making that decision yes. Sako: Tonight? Morrow No not tonight Sako: Now we need time to go back and regroup and figure out how this may affect us. (inaudible) Meridian City Council October 7, 1997 Page 20 Morrow. I doubt it but it could be. Corrie: It might even look nicer across there if they landscape it then it does now. Sako: That would be nice because cosmetically our neighborhood (inaudible) it is not a pretty site as you know if you have been down there. We are concerned about that as property owners across the street. So what do we do now? Morrow. I think that probably the appropriate thing is that you have expressed to us your opinions and we have accepted your testimony. You have a clear understanding of what the process is so that would conclude you testimony and we press on. Sako: Are they going to put a curb. Morrow: We don't know yet. Sako: Well will we be notified? Morrow. Well you will probably see a backhoe or no backhoe. Corrie: Actually what is going to happen here is the Council will do one of two things they will either continue this and wait to the variance request is taken care of through ACRD or they will order findings of fact and conclusions of law and then they will give the answer the 21 ~ and then there will be no more public hearing. But this is something they are going to have to do one of those tvvo things. I will explain if you want me to what happens and it might help a little bit for you. Sako: At this point I just want to make sure that everything is right. If it is just the most minor of things because like I said everything across the street has just become a total nightmare. I don't know much about curb and gutter and how it is going to affect our lives but I would like to be informed. I wasn't informed of this either, 1 wasn't sent a notice, I heard of it through the grapevine. Don't they by law have to send you a notice a certified letter by mail of these variances within 300 yards? Corrie: 300 feet Sako: That is all Corrie: Thank you any further testimony on this variance? Ed would you like to add any comments? Council discussion? Morrow. From my standpoint Mr. Mayor a couple of things going on here, I am going to part company with the Ada County Highway District with respect to which we have the right to do. In their planning ana development application report there indicating this development is estimated to generate 750 additional vehicle trips per day based on the Meridian City Council October 7, 1997 Page 21 Institute of Transportation Engineers. The issue is that they are already business, and the location they are moving a block and a half I am sure that everybody in that corporation would be really happy if we met (inaudible) because it would be a phenomenal amount of business that they would be doing. But the reality is that there is no extra trip generation, it is simply a move up the street to consolidate an operation that is currently in t~nro locations into one location. Historically it has been a lumberyard, it was Boise Cascade's lumberyard for several years. The issue with respect to the variance it appears to me that we in fact my opinion ought to offer and go with the variance. It makes little sense to require curb and gutter in such a small portion of ground where the entire street length does not have it and is not likely to have it in the near term. With respect to Union Pacific and the issues that are (inaudible) and having been through right of way exchange processes and know how complicated they are and how difficult they are with in town property owners my suspicion is that Mr. Pierre's company will not experience a great deal of success with right of way swaps and so on and so forth in our lifetime with Union Specific. So in old town based on the theory that at some point it will redevelop we have granted variances from replacement of curb and gutters or from not requiring folk to improve curb and gutter because it was too fragmented and didn't make a lot of sense. When at some point in the future by LID or redevelopment you would have substantial improvement in the curb and gutter and sidewalk. I guess the final point that I would like to make with respect to this property, it is not out of the realm given the experiment that we are about to embark on here in a few days that at some point in time a group of cities or landowners would own those properties and create a transportation corridor and greenbelt equestrian paths as we in Meridian set aside some eight years ago for that railroad right of way. So it appears to me that the long term future of that may not be best served by encouraging substantial development through it and investment in when the ground in fact is not owned by the applicant. It seems to me that it makes more sense to continue business as it, have conditions that the business stands a chance of surviving in that location. Very candidly the requirements by the City become too onerous the business moves out of downtown and leaves yet another vacant building in downtown Meridian. As we have talked about before the cost of new dirt is substantially cheaper than old dirt. This is old dirt, the reality is that it will not redevelop to a great degree until the price of new dirt exceeds that. So it appears to me that it makes sense to us for several reasons to grant the variance and encourage Lumbermen's to stay within downtown Meridian and to continue to generate economic benefit to our City. Those would be my reasons for supporting the variance. Corrie: Any further comments? Bentley: I would agree with that and definitely agree with the trip generation that ACRD does. Corrie: I will entertain a mot>on for findings of fact and conclusions of law to be drawn up. Meridian City Council October 7, 1997 Page 22 Rountree: I want the last word to thank Councilman Morrow for the civics lesson and the history lesson. To the project, I think the concept that the applicant has presented in terms of cleaning up the property and closing the yard, landscaping can do nothing but help that neighborhood. For that reason and those stated by Councilman Mon'ow I would support the variance. Morrow. That being the case Mr. Mayor I would move that we instruct the City Attomey to prepare findings of fact and conclusions of law for the variance requested by Lumbermen's Building Center. Bentley: Second Cowie: Motion made and second to instruct the City Attorney to draw up findings of fact and conclusions of law, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE BREAK ITEM #10: PUBLIC HEARING: REQUEST FOR A VARIANCE FOR AN OFF PREMISE SIGN BY DR. WILLIAM T. RITTER, DDS, - 317 W. CHERRY LANE: Cowie: I will now open this public hearing. William Ritter, 317 W. Cherry Lane, Meridian, was sworn by the City Attorney. Ritter: Thank you very much, 1 have been in Meridian now as a dentist since 1988 and we started out the practice as an individual solo practice and I rented some space from the Cherry Family who owned the property. At that time H & R Block is currently on the Laundromat and a couple of other businesses in that building. My property is directly behind that. One of the things that was necessary in the purchase of that property was to have an easement so the patients could travel from Cherry lane to my property it would be continuous. And also continuous signage on Cherry lane so in which things development in which they have with H & R Block coming in that is going block us from the West. And of course US bank has come in across the street. What we would like to do is replace the sign that has been there now since 1988 in the current location since 1990. I am in the process of adding onto my building and I have three other dentist that are with me. So I feel like I need to have some signage out on Cherry Lane that will direct patients back to that area as well as provide signage for (End of Tape) the Cherry family is in agreement with this. We are also going to add to that one of the tenants that is in that area now. The hair salon and the nails, in the past they have had quite a few signs along there in different fashions and manner. I never thought it looks all that great but everybody seemed to get along pretty well so I have never really said too much about it. So basically what we want to do is we want to put a sign on the Cherry's property and I think that is why we need the variance. That is what I am proposing. MERIDIAN CITY COUNCIL MEETING: OCTOBER 7.1997 APPLICANT: LUMBERMANS BUILDING CENTER ITEM NUMBER: 9 REQUEST: PUBLIC HEARING: REQUEST FOR A VARIANCE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS (/ ~/ ~~ 'v' f' ;~ I C~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, Clty 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, OMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 ~~~~~p'JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 v ALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ROBERT D. CORRIE SEP 2 ~ 199] BYRON SMITH Mayor OF~~,~ 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Seatember 30. 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10/7 /97 REQUEST: Variance for Lumberman's Building Center BY: Lumberman's Bu__ildinq Center LOCATION OF PROPERTY OR PROJECT: 415 E. Broadwa JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P2 KEITH BORUP, P2 ROBERT 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 8~ 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • HUB OF TREASURE VALLEY • couNCIL MEMBERs A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C GLENN R. BENTLEYEE 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, F1re 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 WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor GOUNGIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 30. 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10/7 /97 REQUEST: Variance for Lumbenman's Building Center BY: Lumberman's Building Center LOCATION OF PROPERTY OR PROJECT: 415 E. Broadway JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT 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 ~FCEI VF'n ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH S Ep ' ~ 1997 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT :ITS tERIDI/>tr 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: ''J, YOUR CONCISE REMARKS: • Facts and Findings: A. General Information Owner -Union Pacific Rail Road Applicant - Lumbermen's Building Center IL -Existing zoning 1.72 -Acres N/A -Square feet of existing building 269 -Traffic Analysis Zone (TAZ j West Ada -Impact Fee Benefit Zone Western Cities -,Irrpaet Fee Assessment District Broadway Avenue Local street with no bike pathway designation Traffic count 648 on 10/23/96 (west of 4th Street) 300-feet of frontage 100-feet existing right-of-way ' (60-feet from centerline) No additional right-of-way` is required Broadway Avenue is improved with 40-feet of pavement with no curb, gutter or sidewalk. B. The applicant is requesting a variance from the requirement to construct curb, gutter and sidewalk abutting their site. The property is owned by the Union Pacific Rail Road and cannot be purchased by the applicant. Therefore the applicant believes that it will not be cost effective for them to construct curb, gutter and sidewalk for property they will never own. The site is currently occupied by Lumbermen's Building Center for materials storage. The site occupies some of the right-of--way of 4th Street, and east-west alley and possibly 5th Street. Broadway Avenue has 100-feet of right-of--way, the District does not have a need for all this right-of--way. The District needs 50-feet of right-of--way in order to have a 37-foot street section with curb, gutter and 5-foot sidewalks. Staff recommends that the applicant be required to vacate approximately 32-feet of right-of--way from the center of pavement on Broadway Avenue abutting the entire site. Broadway Avenue has residences on the north side and industrial use on the south side. Normally, staff would recommend one half of a 41-foot commercial street be constructed. However, the location of the existing building and parking lot precludes this street section. Therefore, staff recommends a residential street section of 37-feet wide. The applicant should be required to construct curb, gutter and sidewalk and improve Broadway Avenue to one half of a 37-foot street abutting the entire site. MV0997.COM Page 2 • The applicant can construct a 24-foot wide curb cut driveway on Broadway Avenue located 50-feet east of 4th Street to the north. Another 24-foot wide curb cut driveway can be constructed on Broadway Avenue located 50-feet east of the western driveway. The applicant can construct another 36-foot wide curb cut driveway on Broadway Avenue offset from any proposed driveway a minimum of 50-feet. The site's western boundary abuts 4th Street. _ ACHD has no,plans for 4th Street to cross the rail road tracks, so there is no use for 4th Street's right-of-way south of Broadway Avenue. Staff recommends that the applicant vacate the 4th Street right-of--way or improve 4th Street with curb, gutter and 5-foot sidewalk and pavement matching to one half of a 41-foot street section plus 12-feet of pavement. If the applicant decides to improve 4th Street a turnaround at the southern end of 4th Street should be provided. If the applicant decides to vacate 4th Street the applicant can construct a 36-foot wide curb cut driveway on Broadway Avenue in alignment with 4th Street to the north. The site has an east-west alley running through the middle of the site. Staff recommends that the applicant vacate the allzy's right-of--way or improve the alley to District standards of 16- foot wide pavement abutting the entire site. C. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by°~the District. Contact Construction Services at 345-7667 (with file numbers) for details. D. The applicant should locate any proposed gates a minimum of 50-feet back from the back of sidewalk on Broadway Avenue. E. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. F. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Site Specific Requirements: Apply for vacation approximately 32-feet of right-of--way from the center line on Broadway Avenue abutting the entire site. Construct curb, gutter and 5-foot wide concrete sidewalk and improve Broadway Avenue to one half of a 37-foot street abutting the entire site. MV0997.COM Page 3 2. Apply for vacation of 4th Streets right-of--way abutting the entire site. OR Improve 4th Street with curb, gutter and 5-foot wide sidewalk to one half of a 41-foot street section plus 12-feet of paving. Construct a permanent turnaround at the southern end of 4th Street. Coordinate the design of the turnaround`with District staff. Additional right-of--way may be required. Apply for vacation of the east-west alley's right-of-way abutting the entire site. OR Improve the alley to District standards of 16-foot wide pavement abutting the entire site. 4. If the applicant receives approval to vacate 4th Street, the applicant may construct a 36-foot wide curb cut driveway on Broadway Avenue in alignment with 4th Street to the north. 5. Construct two 24-foot wide curb cut driveways on Broadway Avenue a minimum of 50-feet offset from 4th Street and any proposed driveways on this site. 6. Construct a 36-foot wide curb cut driveway located on the eastern portion of the property, offset 50-feet from` any proposed driveway on Broadway Avenue. 7. Locate any proposed gates a minimum of 50-feet back from the back of sidewalk on Broadway Avenue. 8. Provide cross access easement for the parcel to the west to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). The District intends to require a similar agreement of the owners of the parcel to the west if they are the subject of a future development application. 9. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 10. Pave all driveways their full width to at least 30-feet beyond the edge of pavement of Broadway Avenue. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Development Services Supervisor. The request shall s~ecificallx identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity The written MV0997.COM Page 4 ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. - ' Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to xemove the item from the consent agenda and report to the Commission regarding~the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. ?.. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two weeks of the action and shall include a minimum fee of $110.00. The request for reconsideration shall= The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date'nnd time of the Commission meeting at which the reconsideration --- will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with`drdinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 8. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of MV0997.COM Page 5 . , • a the subject property unless awaiver/variance of said requirements or other legaLrelief is granted pursuant to the law in effect at the time the change in use is sought. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. Submitted bv: Development Services Staff Tate of Commission Action: MV0997.COM Page 6 AY DI~RIT ADA OUNTY HIGHW Planning and Development .Division Development Application Report MV-09-97 415 Broadway Avenue Variance for ~Lumberman's building The applicant is requesting a variance from the requirement to construct curb, gutter and sidewalk abutting their site for an existing use that was not previously approved. The site is located on the south side of Broadway Avenue between 4th Street and 5th Street in Meridian. This development is estimated to generate 750 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual.'.. Staff estimate that the site will generate 1,000 daily vehicle trips per day with the` relocation of the retail lumber yard facility. Roads impacted by this development: Broadway Avenue SEP 2 6 1997 ACRD Commission Date -October 8, 1997 - 7:00 rr1~~~ "~~~~~~' P• • -~ ~ -+~ '.d, 3 .:~,~ ~ i z ~ v i ! ! ° o i !~ , ~. o'° r ~ I I ~ . , C , , 9c9.tccotts 1 ------- ~ _ --r-~---- . t ~ I I 5000209[fZa ` - ° i SOlOL09CCZa( ! „ n ' ZL9ri CLOT is t i 1 t r. ~ o ii ~ 8 8 ' I ! 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I ~ n ~~ f ~ I I ~ H I N N rt°1 I - 1 0 o q 1 ~~~~~ t---~-,_.-..._.-_ 0 szoooozlola s oooonol N oroooozlola ssoaeoz/atr~ s toaiota 9aooloatala rQowato In q/ o saaomoatola ~V] --- •-o---~-_-~ .._-~-_.- ~_~& w n ,rota ~ o a o ~ L910006C0 a aatoooatata , L910006COta jl: 1I i :! ~. :Orrtrr.e~n:.: i i OC rOGCSCGtb ~ ~c~v~n SEP 2 6 1997 (~'lt 0~ ~~R~t~Ai~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # ~~618X~SQCDCX 208-483-0183 24 September 1997 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RE: Variance for Lumberntan's Building Center Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 x~~xxx~cx SHOP:X~~(XX4fX The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, ~~- John P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: dln cc: File -Shop File - O,~ice ~Yater Superi: atendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ' ~ OFFICIALS COUNCIL MEMBERS HUB OF TREASURE VALLEY ~IAM G. BERG, JR., clty clerk ~ . A Good Place to Live WALT W. MORROW, President JANICE L. SMITH, City Treasurer GAFtti' D. SMITH, P.E., Clty Engineer RONALD R. TOLSMA NTLEYEE CITY OF MERIDIAN C BRUCE D. STUART, Water Works Supt. GLENN R. BE JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO SHARI L. STILES, P & Z Administrator p & Z COMMISSION MERIDIAN, IDAHO 83642 PATTY A. WOLFKIEL, DMV SupeMsor KENNETH W. BOWERS, Fire Chief Phone (208) 888-4433 • FAX (208) 887-48 ~~~,~ 1~+~ JIM JOHNSON, Chairman Public Works/Buildin De artment (208) 887 ~/ rjJ MALCOL W.L. "BILL" CORDON, Police Chief g p - M MACCOY WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP RON MANNING ~~ 2 ~ ~~37 BYRON SMITH S ROBERT D. CORRIE ~ y Mayor hilt i O~. ~a~i~~~~ 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: September 30. 1997 TRANSMITTAL DATE: 9/17/97 HEARING DATE: 10/7 /97 REQUEST: Variance for Lumberman's Building Center BY: Lumberman's Building Center LOCATION OF PROPERTY OR PROJECT: _415 E. Broadway JIM JOHNSON, P2 MALCOLM MACCOY, P2 MARK NELSON, P2 BYRON SMITH, P2 KEITH BORUP, P2 ROBERT 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 8 FINAL PLAT~REC~~~~~ ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION $EP 1 8 197 CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT Meridian City SETTLERS IRRIGATION DISTRICT Water Superintendent IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT] BUREAU OF RECLAMATION(PRELIM $ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: SEE ATTACHED MERIDIAN WATER DEPT. 2235 N.W. 8TH MERIDIAN, IDAHO 83642 888-5242 y • • ` MERIDIAN MERIDIAN MERIDIAN WATER DEPT. 2235 N.W. 8TH STREET MERIDIAN, IDAHO 83642 (208) 888-5242 FAX: 884-1159 ~G~~~ `~ `= ~' 2 31997 CtTY U1: i~ERID~AN TO: THE MERIDIAN PLANNING & ZONING COMMISSION MERIDIAN CITY HALL, ATTN: WILL BERG, CITY CLERK 9-22-97 The Meridian Water Department comments on the Variance for Lumberman's Building Center Location of property: 415 E. Broadway With the increase in fire load and possible use of the fire hydrant at East Broadway and East 4th ST that the fire hydrant be replaced with a fire hydrant with 2 - 2 1/2" ports and 1" steamer ports. (Existing hydrant has 2 2 1/Z'' ports.) Meridian Fire Department approves. ~,~°~ `"y