Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Michener, Roger RZ
WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~ HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMIS. ION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 GREG OSLUND Motor Vehicle/Drivers License (208) 888-4443 MALCOLM MACCOY KEITH BORUP ROBERT D. CORRIE RON MANNING 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: Mav 6. 1997 TRANSMITTAL DATE: 4/18/97 HEARING DATE: 5/13/97 REQUEST: Aanlication for Rezone of 1 4 Acres from R 8 to C G at 519E Fairview Avenue BY: Rosier Michener LOCATION OF PROPERTY OR PROJECT: NE 1/4 NW 1/4 Section 7, T 3N , R 1 E , B M Ada County. Idaho JIM JOHNSON, P/Z MALCOLM MACCOY, P2 RON MANNING, P/Z GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. 8r FINAL PLAT) U.S. WEST (PRELIM. 8~ FINAL PLAT) INTERMOUNTAIN GAS {PRELIM. 8 FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 APpi"ICATION FOR ANNEXATTON ANTI ~nNiATn ~+~+ TT ~, PROPOSED NAME OF SUBDIVISION: Fairview Business Center GENERAL LOCATION: 519 E. Fairview Avenue, Meridian, ID LEGAL DESCRIPTION (ATTACH IF LENGTHY): See attached. OWNER(S) OF RECORD: Robert G. & Patricia A. Jacobsen (208) 467-2507 PHONE: ADDRESS; 204 Sunrise Rim Road, Nampa, ID 83686 APPLICANT: Roger Michener (208) 336-3202 -_ PHONE: ADDRESS: 1111 So. Orchard, Suite 200, Boise, ID 83705 ENGINEER, SURVEYOR, OR PLANNER: JUB Engineers (208) 376-7330 PHONE: ADDRESS: 250 S. Beechwood, Boise, ID 83709 TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Commercial ACRES OF LAND IN PROPOSED ANNEXATION: 1.40 acres PRESENT LAND USE: Bare ground. PROPOSED LAND USE: Multi-tenant retail center. PRESENT ZONING DISTRICT: R-8 PROPOSED ZONING DISTRICT: c-G Signature of Applicant u • APPLICATION FOR REZONE 1. APPLICANT: Roger Michener 1111 So. Orchard, Suite 200 Boise, ID 83705 Telephone: (208) 336-3202 Fag: (208) 336-3558 2. OWNER: Robert G. and Patricia A. Jacobsen 204 Sunrise Rim Road Nampa, ID 83686 Telephone: (208) 457-2507 3. REQUEST FOR ZONING AMENDMENT: See attached Affidavit. 4. LEGAL DESCRIPTION: See attached. 5. PRESENT USE: Bare Ground. 6. PROPOSED USE: Multi-tenant retail center. 7. PRESENT ZONING: R 8. 8. PROPOSED ZONING: C-G. 9. Presently bare ground and a mult-tenant retail project would conform to the surrounding area. 10. Rezoning this property to commercial status would match those in the surrounding area; i.e. Jackson Convenience Store, car lots, Burger King, Jack in-the Boz, etc. 11. Due to the population increase in the City of Meridian, more commercial zoning is needed to meet the demands of the people and at the same time preserve the character of the City and its environment. Commercial zoning in this area would conform to that in the surrounding area. 12. MAP OF PROPERTY: See attached. 13. VICINITY MAP: (30 copies) See attached. 14. LIST OF ADJOINING PROPERTY OWNERS: See attached. 15. FEE: $415.00 + ($1.42 g 12) $17.04 = $432.04 u AFFIDAVIT I, Roger Michener, as applicant hereby request a change of zoning for the property described in Item 4 above, to C-G. A signed Affidavit of Legal Interest signed by the Owner of the property is attached. The property will also be posted one week before the public hearing. I have also read the contents of this application and verify that the information contained therein is true and correct to the best of my knowledge. Roger Michener SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho Residing at My commission expires: ~~-u-B~ .' Project: 10562-01 Date: March 27, 1997 DESCRIPTION FOR LLOYD LUMBER COMPANY PARCEL 1 IN THE NE 1 /4 NW 1 /4, SECTION 7, T.3N., R.1 E., B.M., ADA COUNTY, IDAHO J-U-B ENGINEERS, Inc. ENGINEERS•SURVEYORS•PLANNERS 212 Tenth Avenue South Nampa, ID 83651 208/467-5252 FAX: 208/467-6631 A portion of the NE 1 /4 NW 1 /4, Section 7, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the NW 1 /4, Section 7, T.3N., R.1 E., B.M., and running S. 88°35'49" W. 390.00 feet along the Northerly boundary of the said NW 1 /4, Section 7 to a point; thence S. 00°36'03" W. 45.96 feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being THE TRUE POINT OF BEGINNING; thence continuing S. 00°36'03" W. 4.00 feet to a point on the proposed Southerly right-of-way. line of Fairview Avenue; thence continuing 5. 00°36'03" W. 250.08 feet to a point; thence N. 89°11'24" E. 239.86 feet along a line parallel with and 304.00 feet Southerly from the center line of said Fairview Avenue. to a point; thence N. 00°35'12" E. 250.07 feet to a point on the proposed Southerly right-of-way line of Fairview Avenue; thence continuing N. 00°35'12" E. 4'.00 feet to a point on the Southerly right-of-way line of Fairview Avenue; thence N. 89°11'24" E. 239.92 feet along a line parallel with and 50.00 feet Southerly from the said center line of Fairview Avenue to the Point of Beginning. Containing 1...40 acres, more or less. ~. «~ l • • rJ•~•B ~ Engineers Surveyors Planners Project:. 10562 Date: March 27, 1997 DESCRIPTION FOR LLOYD LUMBER COMPANY PARCEL 1 SUBJECT T0: Existing rights-of-way and easements of record and/or appearing on said above described parcel. Prepared by: J-U-6 ENGINEERS, I ' . ~~.. -~ ~ ~ 4 ~: ~'~ 9~4g/.~ 9J~, 0 F \oQ. Senn F~ ~~( ~~~~~L.S. 10562\legaldes\parcell. doc ~J uJ Project:. 10562-01 Date.:: March 27, 1997 DESCRIPTION FOR LLOYD LUMBER COMPANY INGRESS/EGRESS EASEMENT IN THE NE 1 /4 NW 1 /4, SECTION 7, T.3N., R.1 E., B.M., ADA COUNTY, IDAHO 212 Tenth Avenue South Nampa, ID 83651 208/467-5252 FAX: 208/467-6631 A strip of land 30.00 feet in width lying in the NE 1 /4 NW 1 /4, Section 7, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the NW 1 /4, Section 7, T.3N., R.1 E., B.M., and running S. 88°35'49" W. 390.00 feet along the Northerly boundary of the said NW 1 /4, Section 7 to a point; thence S. 00°36'03" W. 45.96 feet to a point on the Southerly right-of-way tine of Fairview Avenue, said point being THE TRUE POINT OF BEGINNING; thence continuing S. 00°36'03" W. 625.92 feet to a point; thence S. 88°49'20" W. 30.01 feet to a point; . thence N. 00°36'03" E. 626.11 feet to a point on the said Southerly right-of-way line of Fairview Avenue; thence N. 89°11'24" E. 30.01 feet to The Point of Beginning. 10562\l egaldes\i ng-egrs. doc J-U-B ENGINEERS, Inc. ENGINEERS•SURVEYORS•PLANNERS P.L.S. ~~ ~~ «~ Prepared by: . t , ., . /.. ••% ~ ~/ 1 I I n I 81366010015 0° .°. I I 81366010013 : ~¢ I ' ~ • s I ` I I ' 81366010020 I SUB. I ~ ~ ~ ' • ° n i i i ~- ,~- _ _ ~ 1366010 60' ' Rf3660f006~ 1366010 62 f '~ 81366010070 I is _- I '• n -` 813660100 R13fi60f00 0 I n ri 1 ^ nt I l v~, L.' ~ i ,,: ~ ± '. ~i '. '' r~' ~~r~: ,= ~, ,~~. , . . r ,~ ..;; ;, f` i ~, •'~,~ ~/ ' ' `: .~ ~' i~ ~ ~ ~' . f' r~ / ~% •f`~' .~'_ ~.. ~.•' $1 ..1: .~ ,... .f •- .•'S110- ~ _.' ,.~I .,. ..~ .. ~1 '~ ~:' • L'_._'1'+t'lo .,r.. ~_ • PFMR02 Parcei PU8 97 N E W Si1012125~0 Code M A S T E R U P D AST Area 03 Type Qt E ALLI V i ANCE 4/03/91 Nave JAC08SEN ROBERT 6 &. PATRiCIA,A 200 y .560 a ue 259130 ACTIVE Data From Buyer 210 3.000 99300 _ Master C~0 410 62900 Bank Code Actress 204 SUNRISE `RIM RD 420 421 10900 lien Code 31400 Prepaid NAMP'A IO 1.I.4. 83686 - 8324 Bankrupt , Sub.Code !ast ~~~; ange yF/1)412, By ASR KINSH _ Annexation `~;~: Dzsc. OAK R2~~0 OF NE4Nw4 " Total 230400 Notes S~.C 1 3v iE ~~duo2~8~ Exznption Grp GGO Typ oao ap y3N1E0G72S50 3N lE 07 Har dship Property Actress Ou519 E FAiRVIEi~ Zon AVE ing R-$ MERIDIAN Fiaa ID 83642-0000 Spat?_ F?~ ryoz i REAL Roll 1 P RIMARY Occ. 0 NON-OCC D.D. Action: eeCt `.S=Exit F1G=Tax yr N E W Parczi S_1072i25s5 C M A S T E R U P D A T E A_LIANCC 4/03/9 Na''e ode A -=AVrt -YilliArS D 8 rea 03 LUCILE-M: Type 200 OtY 7 570 Vaiue ACTIVE . 159600 Data Fro~~~ buyer Master C/D Bank Code Actlr2ss 2484 SUNStfiNE f!R lien Code Prepaid BO;~,:. ID I.I.D. 837 _ 1.2 7507 Bankrupt Sub.Code !ast Ca ne 9L/~J2/25 By ASK_LAZEN Annexation `N. Desc. PAit 4~'S5 OF NE4Nw4 Total 159000 Notes 50 ~ 7 3N iE ~;)~;;_1 Exemption Grp 000 Typ 000 Ap *~NiE~3!~72~~5 3N 1E O7 Hardship Pro;,zrty Zoninq R-B Address OU~Ji~~J E FAiRViEi~ AVE 1ERiDIAN ID Soacz 'yae i REA! Roil 1 PRi1ARY Occ. U NON-OCC FZ=Sziect ~3=E..t F10=Tax Fiaq D.D. Action: • • P~MR02PUB 91 N E W M A S T E R U P D A T E Parcel S1107212505 Code Area 03 Type Qty - ALLI Valle ANCE 4/03/9 Mane GENTRY ARLEN Et. UK ?OU 3.130 65700 ACTIVE Data From Buyer Na~ster C/0 Bank Code Address 4595 SHAMROCK ST lien Code Prepaid BDISE ID I.I.J. $3113 - 2543 Bankrupt Suo.Code Last Change 92i0~/Z2 gy ASR LA ZEN - Annexation 'Ni Desc. PAR ;2565 OF NE4NW4 ~ Total 65100 Notes SEC 7 3N lc ~2125DJ-3 Exemption Grp 000 Typ OOU Ap M3N1EOJ12505 3N lE O1 ~Hardshi.p Property Address OJOOJ E fAiRViEW Zoning R-8 fla 9 Space Type 1 REAL f2=Se~iect F3=Exit Roil 1 PP,IMARY Occ. 0 ID NON-OCC D.D. Action: F10=Tax P. R02PJB 91 N E W Parcel S1t063~1199 Code h1 A S Area 03 T E R U P D A T Type Qt E ALLIANCE 4/03/9 V i Nave 3GrJAi~NtSrN ERLING y 210 .860 a ue 112400 ACTIVE Buyer 420 301300 4ata from Master C/0 8an~c Cade Address 2121 SERVICE A;,VE Lien Code Prepaid EMMETT ID L.I.D. b36157~ - 9 459 Bankrupt Suo.Code Last Chan;e U/u0/OJ $y ; Annexation 'Ni Desc. PAR X1199 Jf SE4SW4 Totai 419700 Notes SEC 6 3N It ~3~24286 Exe+~ption Grp 000 Typ 000 Ap MsN1t0061199 3,ti lE 06 Hardship Property .Zoning C-G Actress O~J104 t- fAiRViEW - Spat? t 1 R AVE MERIDIAN ID 8364 2-0000 D+D~ ype EAL f2=Select F3=:x;t P,oli 1 PRIMAP,Y Occ. 0 N ON-000 Action: F 10=Tax prM~i12~'tl~ • • 97 N E Yi +~ A S T E R U P D A T E ALLIANCE 4/03/y Parcel Si~6347050 Code Area 03 Type Qty.' Valae ACTIVE Nane EAST VAIIEY DEVEi.OPMENT C0 INC 190 ,120 Data Fron 210 .410 61500 Master Buy?r ~~/0 BanK Code Address Sri E 03RD ST Lien Code Prepaid ME~IDiAN ID Ban.cDupt 33-542 - 0000 Suo.Coce past C..ange 95/12/~)i ~y A~~R DIXi- Ann2xa~~on `;, • Totai 61500 Note; Desc. PAR ~1~)50 OF SE~S~ S_~ 0 3.v lE Exa,*P t 14.1 T'~4uS83J6 Grp u00 Typ 000 Ap M~N:E~))6-r05u 3N it 06 Hardship p r d p 2 r t y ' Zoning C-G Flag address 0~0~)0 BAtEARA DR MERIDIAN ID $3642-0000 D,D. Saace Tyre 1 RLAL Roil 1 PP,IMARY Occ. 0 NGN-000 F2=Se~~ect ~'=Exit Action: F10=Tax r=~~~~u2P!;B 9i N E N M A S T E R U P D A T E ACIIANCE 4 g N a r C e J 1 1 ~~ ~~ ~! ~~~ ~~ it ~ / U J/ _0 oce Area V Type OtY Vaiue ACTIVE +Vane JAC~SOtiS FOOD SGRt5 iNL 210 .500 11200 Data Fror~ 420 316600 Master Buy?r C/0 8anic Code Addres~, pt1 BOk 48~ lien Code Prepaid MEKiDiarv ID. L.I.D. $3630 - 0.483 i.ast Change ySi05/.5 By ASR2_MOUSE Desc, PAR 40°_0 QF jE,~5~4 Tota~ 447800 St ;. b s,1 1 ~95u27845 ?.cpertf Address u~J42 FAiRVIEi~ ;iaace _ ~y~e ~ ~EA~ _^ Bankrupt Sud.Code Annexation `~; Notes EX 2.rip ilOn Grp 000 Typ 000 Ap 3N iE 06 Hardship ..Zoning C-G Flag AVE ME~iDiAN ID 83642-OOu~ D.D. Roll i pRI~+1ARY Occ. u NON-000 Action: F10=Tax Pr'fR02 PU8 91 N E W M A S T E R U P D A T E Parcel Sii06346900 Code Area 03 TYPe _ QtY - ALLIANCE 4/03/9 Valu Name MARIE P, KENNETH D' 210 .160 e ACTIVE 125000 Buyer 420 Data Fron 103100 Master C/0 8ank Code Aodrass 400 E FAikVIEVI AVE Lien Code Prepaid ~~ERIDiAN ID L.i.D, 83642 - 1138 Last Change 91/02/21 By ASR KiNSH Desc, PAR X6900 OF SE4SW4 ~ Total 228100 S C 6 3t~ lE ;95u34684 Bankrupt Suo.Code Annexation `Nl Notes Exemption Grp 000 Typ 000 Ap M3N1EF066900 3N lE 06 Hardship Property Address 004u0 E FAiRViEW Zoning C-G AVE Flag Space _ Type 1 REAL Roll NERiDiAN 1 PRIioARY O 0 ID $3642 -0000 D.D. F2=Se~ect F3=Ex.it cc. NGN-OCC Action: F10=Tax PF+(~?i,2PU5 91 N E W M A S T E R U P D A T E Parse' Siti153G6S34 Code Area 03 T YPe DtY ALLIAN Val Ct 4/03/9 Nare ~JB,~-;T IN,,C 210 .410 ue 16000 ACTIVE 420 Data Fro r! duyPr 261300 toaster C/0 Address 4x20 OVERLAND`RO STE 219;;: aoiSE iD, 83105~~- 2816 Last Change 93/i2/29 By ASR_PAL+oER Desc. PAR r68~;4 OF SE4SW4 Totai 331300 SEC 6 3t~ lE X346330-5 . ~ys3'411 Bank Cod? Lien Code Prepaid ~..I.D. Bankrupt Sub.Code W3 Annexation `~; Notes Exemption ` Grp 000 Typ 000 Ap to3N1E0066S34 3!v lE 06 Hardship Propzr~Y Zoning C-G Address uO~6O E FAiRViEW Flag 5aace - AVE NE.RiDiAN ID 83642-0000 D,D, ~YPe i REA~_ Roli 1 P~;it4AP,Y Occ. 0 NON-OCC Action: F 2=Se- ect ~ 3=Exi t FiO=Tax • p ~'1~12'rU~ 9? ~a E ~' N A S T E P U? Narce•, Si~)63~;8;2 Core Area ~)3 T D A_T E ALLIANCE a/03/y J ~ JcU~_O~MENT C0~ YPe Qty - Value ACTIVE Nare ~ ~. ~, 2i0 1.290 1~9~00 Data Fron 3,,yR,• 420 583000 !aster C/0 AGnr_ss 4z:3 ~I 4";; ST nA;vrti'tD CA, 932:iC~~ - 5026 _ast ~~nan;e ~;ju /?~ $y ASS !AZEV rA~ T fV~~ ~J~ St~JN~ T J 't 'J l~ J ~,.~ V 8anK Cope i en Core Are?aiG ~.i.D. Sanicr p. JUO.COGc Annexation `~: Notes `x2Spt10n Grp 0~0 Typ 000 Ap "+ "+i ~Jhot 2 :;N 1` 06 arGSh.p r G ~J e "' v _ Andress ~)u~.0 ~ ~ -on~ng C-G F ag Ai~V1E+4 ~ ME~1 ~ '):?aCc-ya2 ?_A_ doll i ~~?U~~ARY DEAN iD 8364 -~J00~) D.D. ~2=Se ect ~~==~;i Qcc. 0 NON OCC Action. iO=Tax J?~r~e. ~`'~ iirJ ;:,,,~~ V_GGe A eaA~)S T _ T U ~ ~) A T ~_ A_LrANC: d/)) a R ~~_ _ r 3 Ype OtY Value ACT'V! . i?.2 ~A.'V_+- ifPRACS ' ~; 2 ! - LLC.; ~_O ),320 238000 Data ro,, B..,yer G2O 22d830U Maser Ci0 A..eress 1)i? w ruuTii'~!: BLVD STS 226 URLAy) CA ~'t,8fi - 36?3 _aSt %hange :~D/U?/U. Gy ASRL t'.IJh~J Desc. ~A~ ,~6.5 0. SC. 4 +otal 24$6300 S~ S_~ b ~~v i w f: q ^: T = ~ 'J ~'! :1 1 Y U tirp ooa Typ o0o a~ 3an~c Code Lien Code ~'rePaid L.i.D. $anKrupt Sub.Cod2 Annexation 'ti rVotes Exenptien ~ ~._~RiU~_ _u~_ _N _t U6 harGS~~ip o~~gr'y A~~Gress _~u-~~U - -A ~V 'w AU Zon ~ ng ~-$ r i ag S~Jace -.., ~,'a E M~RiDiAN i0 83642 ~)Ouu D.D. o" i - - ''.o' - ~R+~ArY Occ. U NON-OCC Action: `~=~c 2Ct =_..t ~1U=Idx PFMR02PU6 97 N E W N A S T E R Parcel Si1072i2105 Code Area 03 T U P D A.T e Q E ALIIANCE 4/03/9 Nane ELM GROVE TRAILER PAP,K ET 'AL 210 1y800 420800 Data~AFronE Buy?~ 420 329100 Master C/O 421 113100 Bank Code Address PO 80f( I55 422 103.000 Lien Code Prepaid MERIDIAN ID I.I.D. 83660 - 0155 Bankrupt Sub.Code Last Ch arge X5/10/27 gy ASR DIXIE - Annexation `~i~: Desc. PAR X2705 OF NE4h'ri4 ~ Tota1 1066600 Notes t~L RJ P,/W StC 7 3"~ lE Exemption #~i2700-8 Grp 000 Ty p 000 Ap M~N~E00727u5 3N lE 07 Hardship Property Address OuuU7 E FAIRVIE~I Zoning P,-8 Fiag Space Type 1 REAL P,oli 1 P AVE MERIDIAN RIMARY Occ 0 ID 8364 N 2-0000 D.D. F2=Se".ect ~~=Cx~t . ON-OCC Action; F10=Tax P`'"~~J`PUY 97 N t' ;~ pa-ce~ SiiO72i2545 Code M A S T E Area 03 R U P D A T Type Qt E ALLIANCE 4/03/9 V Na~;e JACG$SEN ROBzRT G & PATRICIA 'lA y 2U0 030 alue 300 ACTIVE . Data From 3uyer Master C,'G 8ank Code Address 2Oa S~NRiSE RIM R-~D lien Code PrePeia NAMPA ID L.I.D. 83 686 - 8324 Bankrupt Sub.Code Last Cha nge 9~/~)6/i7 8y ASR KINSH - Annexation `N Desc. PAR 42545 OF NE4N'r!4 Total 300 Notes tXC RJ R/w SEL 7 3.! lE Exemption #j406`J8C Grp 000 Typ 000 Ap 0=~=~JiEu72545 3N lE O1 Hardship Property .Zoning R1 Address OOu00 E FAIRVIEW A VE MERIDIAN Ip Flag Space F2=5e"iec iy;,-e i READ t F~==x~t Roll i PR IMARY Occ. 0 NOiV-OCC D.D. Action; F10=iax ~; ~~ ~' ~~ Aa+Y's:~' .~r~c • -- -- • ' WARRANTY DE?:D I'OR VALUE RECEIVED, LLOYD LUMBER COMPAD?X, INC. , the ` ' . Grantor, dogs hereby grant, bargain, s•:11 and convey unto ROBERT G. Y: JIcCO3SEN and PATRICIA A. JACOBSEN, hu~~band and wife, tae Grantees, ~~; . . ~, wttorc address is 204 Sunrise Rim Road, Nampa, Idaho 83686, the following drazrcribed premises, incl~idin any homestead claim 9 1 x:: pur~~:uant l:o the Idaho Etomc:;ttcud Law, :Idaho Code, Sect.~on 55- ],OU1, et sPq., tp_wlt: ~: F. ~; The real property describ~:d in Exhibit "A" which exhibit is attached hereto and made a ~' ~ part hereof. ~. ~ S'JE,JECT TO Unitad States ~ :aent restrictions and/o.r State of Idaho deed restrictions; ~Uf3JLC'.~ TO all taxes; and assessments for t':e ~ . year x994 and all subsequcr.t years; - ~ SUBJECT TG any easements c~_~ rights-of-way of record and/or usage. TO HAVr AND TO )COLD the said remises, with their P r ! ~~ r ` ap~urtrriancc:~ unto tho said Grants ~s G ~7nd ar;sigris, rc their heir_ a i;j far.ev~_r. And the Grantor does hereby covenant to Inc with the said ~, ,, r, Grantees that it is tk:e owner in fee ~impie.of said premises; that •-~: said premises are free from all encu nbrances save a::d. except as i'', ~ J .~. ~ ~ _ .J.. , .,. ..J ~ - ~ ~ Li ~~ ~ /~) ~ ~~ ~ .) ~ 1 ~ ~ ~ '1 ; -~ ,J.` T,~,.,, ,.~, ,,•, J il', ~, , _ , ,,, ~ .~w~r~i CI fii ~ , ~ _ r. i ~_~ ~, ~ r.tl.«. ..,-. bs1w-,., w 6 t :L: i . ~ ~. .w.i 4 ; c_..._1S:_ .. .. .. ........ ... ~... _ ~... y ` ~~t ~ ~ S ~ ~ ~ !~ `Xp J yt .C 1 ~ ~ `~i .} t {x Y ~ ~ ~ .. ~. R rek- . ~ . ri :aa:,t,-~.-~.3Lt' ,w~.~.~Ye.M.~iu'd.fw:2'Gr ~ " ~ 1.~'"Y~UU'ti/E~Jf~ above set forth; and. that it will warrant and de fend the same from all lawful c_Laima whatsoever.: ~° DATED this 30th day of Jur.:~, 1994. L?" ~OY &E ANY, INC . ~ B~.' eorge .Jacobsen President A`1'TEST R b o Qrt G. J cobsQn, Secretary~'Treaaurer . {Seal} STATE OF ID.~1H0 ) 8s Count; of Cttnyor. ) t. On this ~~ c~~ day of ~7une, 1994, before me, the undersigned, a Notary Public in an~~ for said State, personally ~`t appeared George C. Jacobaer. and RobeT~t G. Jacobsen, known to me to ~.3 be the President and Secretary, rc,spectivoly, of Lloyd Lumber Company, tnc, an Idaho corporation; ;.he corporation that executed ~' the within and foregoing instrument, and acknowledged to me that said corporation executed the same. ~; IN WITNESS WHEREOF, I hG~;e hereunto set my hand and 4'~ affixed m official seal the da ~~nd ° firs; abo a written. ' y Year in this, certificai:e n ~~ ,.~*•!!•"••/e,,, Pi tary Publi for Idaho .3 ~ ,~~.~'~~ K.~;'?I~,'? ~'asiding at: o...~ .~ ,~4j •.• ~+ •.,, t-'y Commission xpirr.3 . :~ ~~ i y ~ ' _ $ ~Y wf,~ ~. ~, ffflfl/f!!/!!!*! • t: i 1, i ' 1 l ~ ,~~ j ~ ~ i Ya . ~ ~= t '. r F er ---- - - ~;, h.'Y :'r r D ;.~ t o s.y •~. ~ ~:`r ' r~ '~ 1750UUU~59 ~ ,, EXHIBIT A ~ ~ v r . :'R [r Tract oP land situated in the North~~aet Quarts: of the NorthwQSt Quarter of Section 7, Township 3 North,.-Range 1 East, Poise ?~eridiai~. Ada County, Idaho, mo:~s particularly .described as Pallowu: ~. Beginning at the Quarter .corner .common to Sections G and 7, thence South 88 35'49" Wept 31o,~g -the line common to said Sections 6 anti 7 a distance. of 390.)0 feet; thence South 0 35'12" ~_r W°st a distance of 47.8 feet tci the :South ri~/ht-of-way of - Fairview Avenue, being. the EE?,L POI~rP OF B$GINNING; `. - tY,crce South 0 35'12" nest a distanw~ of 624.06 feet; theroe South 88 50'48" West a distance of 239.99 feet; thence NortY: 0 35'05" East a dista:~ce of 623.02 feet to the said + South right-of-way of Fairview Av~n~:e; ' th~ncE North Ec8 35'x!8" East alon'.; szid SoutY, right-of-way a °'' dirt ancE of 20.05 -feet t~~ the FE~.L POINT OF IEGINNING : ~: ~':.;~."~ CT TU ~:~ 1 1 ~:: a Gt i n.,^ or i•E corded Easem©nts of right -of-way . °` ~_ f.,...~_...-....-......r.+w..:,a>>~..wf u.,a:~'..is «.,.~4.+.A.~ t.'_,.~-. ~ ~-.h ,( 1 "' t°~ h .~ ht. ~ 'l.i _. ~ H t~ S rZi/+~.v,u .......Cr c/+(d.a.ii~.: .W IY<~?~ ~,. ~t~((~~_~~~~~~ y.. • • 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 May 13, 1997, for the purpose of reviewing and considering the Application of Roger Michener for a Rezone of approximately 1.4 acres of land located in the NE %4, NW %., Section 7, T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located at 519 E. Fairview Avenue. The Application requests a rezone from R-8 to C-G. 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 25th of April, 1997. ~_ LIAM G. BERG, JR., CI C ERK PUBLISH April 25, 1997 and May 2, 1997. `~'' "'" "G~r- J ocan~ SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUGER, Secretary May 7, 1998 Roger Michener 1111 S. Orchard, Suite 200 Boise, ID. 83705 Re: Amended -Staff Level Approval MCU-13-97/MRZ-2-97 Facts and Findings: 519 Fairview Ave Multi-tenant retail center A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting conditional use and rezone approval to construct a 10,512-square foot retail building. The 1.4-acre site is located on the south side of Fairview Avenue approximately 400-feet east of 3rd Street. This development is estimated to generate 500 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. This development was approved by the District on April 28, 1997. The report has been amended to include the requirement for additional right-of--way on Fairview Avenue, which the applicant is expecting. C. The application and site plan received by the City of Meridian and submitted to the District on April 18, 1997, have been reviewed by the ACRD Development Services staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by ACHD's Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Development Services staff decision is submitted as described within the Standard Requirements outlined below. The following requirements are provided as recommendations for conditions of approval to the City of Meridian: ada county highway district 318 East 37th • Boise, Idaho 83714-6499 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellus®achd.ada.id.us • Site Specific Requirements: Dedicate 54-feet of right-of--way from the centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for any additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 2. Provide a recorded cross access easement for the parcel to the south to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). 3. Construct a 5-foot wide concrete sidewalk on Fairview Avenue abutting the parcel. Locate the sidewalk one foot within the right-of--way of Fairview Avenue. 4. Construct a 30 to 36-foot wide driveway on Fairview Avenue, located approximately 140-feet east of the west property line (approximately 150-feet east of an existing driveway on Fairview Avenue and approximately 150-feet west of Barbara Drive on the north side of Fairview Avenue), aligned with Texaco's eastern driveway. Pave the driveway its full required width of 30 to 36-feet to at least 30-feet beyond the edge of pavement of Fairview Avenue and install pavement tapers with 15-foot radii abutting the existing roadway edge. 5. Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. 6. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number) for details. Standard Requirements: This decision of the Development Services Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by an owner of property within 300-feet of the parcel within 15 calender days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calender days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting . MCU 1397.SLA Page 2 • 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each reauirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. MCUI397.SLA Page 3 • • 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 ACHD Development Services staff at 345-7662. Sincer ly, rry Sal Develop ent Services Supervisor cc: Project file Lead agency MCU 1397.SLA Page 4 ' ~ . ~. '.r/f,. .•%~!~J. I • I , ~-• ~ i ~^.- ~ i;• ~• ~: I ~~- :- .;, ~ . ; t•••••,•, I ~ ~ i ~~~.~~ ~~ ~ ~~: • R136b0f0020 SUB. 4f • a s T ' • « ~~ I I I I I ~aa3~66•.• ' I 1366010 60 723150 R13GG0f006' --~~_ ( 1366010 fit ~'§110J2231~ ~ I _'a „~ I --+•-_ f R f 3660100 70 51'1--~77230~ 511OJ~230t ~ ~ "' ° I R 13660 f 00 R 13fiG0100 U 511072230( _~~~- _ n X7070 ~ ° I -~ ~~ ~, i u u x n u u u L `.., ~ W ~ ~ ~F. Q O W d' d K W W Q VI Ut ~ ~ U C K U w O O Q r~ 1 a ~ a ~ z ~ W W V (.7 U' N J J o ~ Z Z Z {.1 M a ~ K C > U U LL ~O 7 Q Q Q a J m a a d~~ I ~v r t~ 4-~- ~ I 1 1 1N3W3Sd3 SS3~'Jd - - - - ~ 3Allid flklHl ~ r I~ I 1 I LL ~ ~ c7 I• --------_? -- Ana------- z OJ N o o ~ m W J O N --------- ~ ~~ --------a W ® ~ ~Q d I I I I I I L• Meridian City Council i t 'September 16, 1997- Page 10 complies with the preliminary plat and as of now we don't see any comments that were presented to us from the staff of the City of Meridian. Corrie: Questions Council or Staff? Morrow. I only have questions of Gary and Shari,. their responses are appropriate to questions you have asked? Smith: Mr. Mayor, Councilman Morrow, Council, I think everything is okay as far as the answering our comments with the exception of one item and that has to do with payment of assessment- fees for the common area for the single point connection to utilize City water before and after ditch water is available. I met with Mr. Yorgason and Gene Smith of Hubble Engineering last week I think it was. We talked about the impact of the single point connection on our water system and the assessment fees, the bases for the assessment fees. I told Mr. Yorgason and Mr. Smith at that time I was doing some more research on the fairness of the assessment for the common areas as compared to his single family home water use for .sprinkler irrigation. The billing department is putting that information together for me right now. So as soon as 1 have that information I told them that I would be back in touch with them and I am anticipating we will make some adjustments on what we have been doing for assessments for common area sprinkling. Morrow.. Follow up question Mr. Mayor, would that information then be impacted in our approval of the final plat or would that be the appropriately placed in the CC&R's or development agreement. Where is the proper place to address that in your opinion? Smith: Well 1 think it is something we need to resolve before I sign the plat. I don't think it would be any different than the bonding requirements that we place on the final plats or fencing or landscaping or pressurized irrigation system and that sort of thing. I think it should be prior to signature on the final plat. Morrow. I have no further questions. Mr. Mayor I would move that we approve the final plat for Crossroads No. 6 by Ramon and Marilyn Yorgason. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the final plat for Crossroads No. 6 by Ramon and Marilyn Yorgason, any further discussion? Hearing none all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: ORDINANCE #773 - MICHENER REZONE: Meridian City Council • • f ;September 16, 1997 Page 11 Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION NE %. NW '/. SECTION 7, T.3N, R.1 E, B.M., IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the audience that would like to have Ordinance #773 read in its entirety. Hearing none, I will entertain a motion for Ordinance #773. Bentley: Mr. Mayor, I would move that we adopt Ordinance #773 with the suspension of rules. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that we adopt Ordinance #773 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE TO THE 20 FOOT LANDSCAPE SETBACK BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: Corrie: Council, you have the findings of fact and conclusions of law. Morrow: Mr. Mayor if there is no discussion 1 would move that we adopt 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, Bentley -Yea, Rountree Yea, Tolsma -Yea MOTION .CARRIED: All Yea Corrie: I will entertain a motion on the decision. Morrow. Mr. Mayor, it is hereby decided that the variance on the setback ordinances is hereby granted. The applicant shall not be required to relocate the structures which are going. to be built on the property. Bentley: Second ORDINANCE NO. 773 AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH,. RANGE 1 EAST OF THE BOISE MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to change the zoning from R-8 Medium Density Residential to C-G General Retail and Service Comntercial,~for the following described parcel in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the aforementioned real property which is described as follows: A portion of the NE ~ NW ~C, Section 7, T. 3N., R. lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the NW ~, Section 7, T. 3N., R. lE., B.M., and running S. 88°35'49" W. 390.00 feet along the Northerly boundary of the said NW fit, Section 7 to a point; thence S. 00°36'03" W. 45.96 feet to a point on the Southerly right-of-way line of Fairview Avenue said point being THE TRUE POINT OF BEGINNING; ~ thence continuing S. 00°36'03" W. 4.00 feet to a point on the proposed Southerly right-of-way line of Fairview Avenue; thence continuing S. 00°36'03" W. 250.08 feet to a point; thence N. 89°11'24" E. 239.86 feet along a line parallel with and 304.00 feet Southerly from the center line of said Fairview Avenue to a point; thence N. 00°35'12" E. 250.07 feet to a point on the proposed Southerly right-of-way line of Fairview Avenue; REZONE ANNEXATION ORDINANCE - ROGER MICHENER - PAGE 1 thence continuing N. 00°35' 12" E. 4.00 feet to a point on the Southerly right-of-way line of Fairview Avenue; thence N. 89°1.1'24" E. 239.92 feet along a line parallel with and 50.00 feet Southerly from the said center line of Fairview Avenue to the Point of Beginning. Containing 1.40 acres, more or less. be, and the same is hereby rezoned from R-8 Medium Density Residential to C-G General Retail and Service Commercial and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same. This rezoning is subject. to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian City Council on the request for rezone. Section 2. The Applicant shall comply with all of the Ordinances of the City of Meridian including the Fire Code, Life Safety Code, the Uniform Building, Electrical, Plumbing Codes and all of the Ordinances of the City of Meridian. That the Applicant shall enter into a Development Agreement and/or the property shall be developed under the conditional use permit process. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to rezone back to R- 8. Section 4. EFFECTIVE. DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force, and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this ~~ day of September, 1997. REZONE ANNEXATION ORDINANCE - ROGER MICHENER - PAGE 2 • • APP D: ~~ R -- ROBERT D, CORRIE ATTEST ~ ~:'~~~~ l~ii,~.~„_ ~''ss~~ ._ ~je __ CLERK -- WILLI BERG, JR a S~iAL s y~ ,p ,p STATE OF IDAHO, ) '.,FO.~ r ~~ ',`6'P`~` `~`~ -~+" ` ` County of Ada, ) ~~~~,,,+,,,,,~~~,;~~~``~ I, WILL BERG, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1°EAST OF THE BOISE MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. "7 7 ~ , y the City Council and Mayor of the City of Meridian, on the F% day of September, 1997, as the same appears in my office. DATED this ~ day of September, 1997. w`````~ J ~~~t1If11'''''r'~ ' .' ,~ ~ r ~ City Clerk, City of erti.dian ' Ada County, Idaho -_ SEAL ? ~ ~~ STATE OF IDAHO,) ss. County of Ada, ) On this ~~" day of September, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared William G. Berg, Jr., known to me to be the person whose REZONE ANNEXATION ORDINANCE - ROGER MICHENER - PAGE 3 • • name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my writtenl seal~~~t~F~~t~ land year i his certific a first above EE ~, V F '- ~; J / SEAL = ~ ~ AU ~G 8 ~ Not Pub i or daho ' ~ Q ~ ~ Res' ing at_Me ian, Idaho '•.;~i" ~0~~•` M ommission Expires: ~¢'ZY - Z6oo CITY~REZONE ~M~.~,~~~.~ s~07sooo "~,~+,i'C. ~~ , 1 °57sfE? ~o / o?l~o ., ~: ._-„ r -~ - ~ ~liit+; ~f:~~, t,~li ~~ Pt~3_`f7 REZONE ANNEXATION ORDINANCE - ROGER MICHENER - PAGE 4 Meridian City Council • September 2, 1997 Page 32 ITEM #16: LATE COMERS AGREEMENT FOR ROGER MICHENER: Corrie: I guess this is a request for a late comers agreement, this isn't exactly a late comers agreement. Morrow: Mr. Mayor, I believe what we are after here essentially is by virtue of the letter is the approval of the Council for Mr. Michener to enter into a late comers agreement with the City and we would instruct our City Attorney and City Engineer to prepare that document. Corrie: I just wanted to make sure (inaudible) Morrow: That is a motion Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to have the City Attomey draw up the late comers agreement for Roger Michener, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-O BY CHERRY LANE BAPTIST CHURCH, 2150 W. CHERRY LANE: Corrie: Is there a representative from Cherry Lane Baptist Church this evening? Randy Fout, 2062 N. Gladewater, Meridian, was sworn by the City Attorney. Fout: Mr. Mayor and Mr. Councilmen, I would just real quickly like to bring you up to date on page 12 of the facts and findings as to what our church has done to comply with the Planning and Zoning restrictions. I will do that as quick as possible. Number one talks about the drainage system which was required by the City when did our parking lot. We have had an engineer look at that and confer that we are on the right track. Now what we are doing is filling the level to the point where the ground water no longer stands. We have added material since our first meeting with Planning and Zoning we do have existing material to be added on site right now. We feel like in number two that will take care of the odor and mosquito problems because there will be no water standing any longer at that point. The stability of the fence issue there in number two. Prior to our construction of any parking lot that fence had fallen down at feast once. And I believe a couple of times before we did anything to it after we did the work it fell down again. We then required our contractor to come back in, he put in some longer posts and more concrete. To my knowledge it has not fallen down since then. So we have dealt with that issue and would continue if that is still a problem. Number 3 there we have since our meeting planted trees, we now have 27 trees on site. And our nursery I believe has • • MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 2.1997 APPLICANT: ITEM NUMBER: REQUEST: LATE COMERS AGREEMENT FOR ROGER MICHENER 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: ~~ G~~ U ~~ ~ ~ (~,a~ U"' ~!~' OTHER: COMMENTS U~ ~ . ~~ ~ v All Materials presented at public meetings shall become property of the City of Meridian. Michener nvestments Commercial Real Estate August 21, 1997 ~C~V~ AU6 Z 5 197 CnY OF ~~AN Mr. Ron Tolsma Mr. Charlie Rountree Mr. Walt Morrow Mr. Glenn Bentley Meridian City Council 33 East Idaho Meridian, ID 83642 Dear Council Member: As part of our application for zoning and development approval for 519 East Fairview, Meridian, we are told we have to extend the water line. I am told the water line stops at 3rd Street which is west of our property. I believe we will be required to extend this water line to the east edge of our property. In doing so, we will pass other businesses that I am sure will hook up to the water line at a future date. This line will also accommodate additional development to the east and south at future dates. We would request that the City of Meridian enter into an agreement with us to reimburse us part of the expense of extending this line. I believe this reimbursement is called a "late comers fee". I thank you for your consideration. Sincerely, C./ Roger Michener, CCIM RM/bm 1111 South Orchard Suite 200 Boise, Idaho 83705 Fax (208) 336-3558 (208) 336-3202 ~! Meridian City Council September 2, 1997 Page 28 Corrie: How come Eagle got in front of us? Berg: Eagle has had it done, they were already done by the County: Bentley: (Inaudible) it would still be faster than the last time. ITEM #10: PUBLIC HEARING: REQUEST FOR A REZONE OF 1.4 FROM R-8 TO C- G BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: Corrie: At this time I will open the public hearing and invite the representative- for the rezone to step forward. Lawrence Ross, 1,684 E. Braymere, Boise, was sworn by the City Attorney. Ross: Mr. Mayor, members of the Council my name is Lawrence Ross I am a business partner with Roger Michener in a 10,520 square foot retail strip center on Fairview Avenue. I quite honestly think we have been able to resolve most of the issues on this project with staff through the Planning and Zoning hearing and with Shari we kind of sat down and worked through some of the details. Most of which were kind of some concerns a neighbor Loren Ross had to the west of my property. We have been able to resolve all of these issues with a retaining wall, a block wall or a block or concrete retaining wall with .some over above standard landscaping. All in alf I think everything else has been resolved. We have had to work though with the Highway District on some access issues. Part of our request is for a five foot. or reduction of the 20 foot side yard setback for a commercial zoning adjacent to a residential use which is in this rear corner. This is probably a little more accurate of a site plan than what you have as far as the location of the first trailer house. We have been required pretty much by the fire department to maintain access completely around our property for fire protection. So it pretty much imperative that we have that alley between the two buildings. So we basically established a 15 foot side yard setback with the concrete wall with additional landscaping. That has been satisfactory to Loren as far as appeasing him and his residential use there. I think it provides a very good screen, probably more so than a 20 foot side yard setback with a wall and additional landscaping. Other than that all the other neighbors are in favor of it. I would be happy to answer any questions you might have. Corrie: Council any questions? Anyone from the public that would like to issue testimony on this request for rezone? Council, discussion. Morrow. Mr. Mayor, question of staff, Shari and Gary you are satisfied with respect to the necessary conditions and the input from the applicant? Stiles: As far as the rezone I have no problem with the rezone. Meridian City Council ` • September 2, 1997 Page 29 Corrie: Any further discussion? I will close the public hearing.. Morrow. Mr. Mayor, I would move that we adopt 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 as prepared. by the Planning and Zoning, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Entertain a motion on the decision. Morrow. Mr. Mayor, the property set forth in the application is to be approved by the City Council for the zoning amendment requested under the conditions set forth in these findings of fact and conclusions of law. Including that the applicant or its successors, interests, assigns, heirs, executors or personal representatives enter into a development agreement and that the property only be developed under the conditional use process. If the applicant is not agreeable with these findings of fact and conclusions of law, is not agreeable with entering into a development agreement that the property only be developed under the conditional use process the application for the zoning amendment should be denied. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree on the decision as read, any further discussion? All those in favor? Opposed? MOTION CARRIED: Ail Yea Morrow: Mr. Mayor, I would move that we instruct the City Attorney to prepare a rezone ordinance. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to request the City Attorney to prepare a rezone ordinance, all those in favor? Opposed? MOTION CARRIED: All Yea ~~ MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 2.1997 APPLICANT: ROGER MICHENER ITEM NUMBER: ~l~ REQUEST: PUBLIC HEARING: REQUEST FOR REZONE OF 14 ACRES FROM R-8 TO C-G AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS P ~ Z MINUTES FOR 6-10-97 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMt7TEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: ~k ~ -,sje' "REVIEWED" SEE ATTACHED COMMENTS G I ~~r. ,~~J~ °"1' a~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS U" ~~ ~~~ C ~ ~[ N~ -.D~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ' Meridian Planning & Zo~g Commission June 10, 1997 Page 27 Fitzgerald: So as I understood your motion what you are asking is for the preliminary findings of fact and conclusions of law to be revised to incorporate the testimony and brought back to the Commission for review and approval, is that correct? Borup: The intention is to be at the next June 18th meeting. What we just did was instructed the attorney to prepare new findings which would incorporate the testimony with the intention of trying to have that completed by June 18th which is next Wednesday. (Inaudible) Borup: I assume you were trying to get submitted for a building permit. (Inaudible) Borup: The next City Council meeting would be July 1~t, the City Council does meet twice a month. Does that help? ITEM #8: PUBLIC HEARING: REQUEST FOR A REZONE OF 1.4 ACRES FROM R-8 TO C-G BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: Borup: Is the applicant here? Hoyt Michener, 7009 Bellhaven, Boise, was sworn by the City Attorney. Michener: I have read through, my father Roger couldn't be here tonight, I have read through the comments that everybody had provided, Shari and everybody. We have a few questions and clarifications. Iguess they are all public concerns. Borup: That would be appropriate go ahead. Michener: Two fire hydrants, they weren't really described where to place them. Borup: Did it reference a specific number in the comments? Michener: It said it should require two fire hydrants, number four. I guess I could just go through in order. I will start with number then. Cross access easements, we are providing one to the back which would be the south property, I don't know exactly what that owner is planning to do but we are providing access to that back and recording an easement. I don't know what the east and west landowners are doing with their parcels. At this time I don't know if we need access agreements for the east or the west. We are providing one for the south. Number three, we are planning to meet all of the minimum landscaping requirements if that requires a 20 foot strip that would be fine. Number 4, provide fire access and hydrant locations. I guess it is not on this first one, it must have been on the second one for the rezone. But it said two fire hydrants on the property we • Meridian Planning & Zoning Commission June 10, 1997 Page 28 are unaware of the location and I guess the demand for those fire hydrants. It is under the Fire Marshall comments. I guess if that is what they would require we would do it for the building if that is what the code is or if that is what it requires we would like to know where they would want them placed. We are hoping that one is sufficient. Borup: That is probably something you may want to get with the Fire Marshall then. Michener: Number 5, the trees aren't a problem, we will be planting trees, like I said landscaping the front and all four sides of this property. So we don't have a problem with that. The screened trash is not a problem, if that is code we will meet that. Asking for an additional four feet on number 7, t don't know if that is, it says from centerline, that might or might not affect the purchase price. Obviously if they are going to reimburse us for that four feet or if we just have to give it to them. I don't know what the status is on just with Meridian. I know ACHD and certain entities pay you back for taking (inaudible) That was just a question on whether we get reimbursed for that additional frontage foot taking off which might or might not affect the overall percentages that we have kind of tried to draw the building to a certain size and meet all of your minimum landscaping and parking requirements that additional feet might not affect the minimum requirements. Number 10, it says provide temporary fencing to contain debris during construction, maybe a clarification on that. Which I guess also touches on the letter that was included requesting a concrete masonry block 6 foot fence along one the sides and across the back. Borup: Those are two separate Michener: I am aware that they are two separate requests. Borup: I might mention item #10 I think the temporary fencing they are talking about a lot of times during construction wind can cause debris to blow over adjoining properties. That is a concem there and that is (inaudible) take care of that during the construction period. Michener: The wall across the one side is a little bit of a concern. I don't know if that is a sound buffer. Borup: Which item are you referring to? Michener: The 6 foot block wall. Borup: You are referring to your neighbors request, no other comments on staff? Michener: It talked about cutting Fairview Avenue for the sewer and it said you are going to resurface Fairview Avenue. I don't know a timing, I guess we could stub into it right now before you resurface it. Because apparently when you resurface, because after you resurface it you can't cut it for five years. Or you have the option of possibly Meridian Planning & Zon• Commission • June 10, 1997 Page 29 tying to the neighbors line to the east, we would have to I guess know the timing on the resurfacing whether or not we need to access that right now. Smith: It was resurfaced last week. Michener: So this point is moot, it is saying I cannot cut into the sewer, correct, is that what I am hearing? I cannot cut into the sewer on Fairview? So I have to access it from Smith: There is no cutting of Fairview that is correct. Michener: So that wording doesn't apply on this one then. Borup: You are talking item #18? Michener: No, where it talks about it is going to be resurfaced and you can't cut into it after it is resurfaced. You have the option of finding it elsewhere if you can come to an agreement with side neighbors. Borup: I think that is-item #18. So I take it you have not investigated that yet. Michener: After I read this that it would be resurfaced in the future, no. There wasn't any date on this. Borup: It was probably the next day, future is very short sometimes. Michener: Is there any kind of variance, I know in Boise sometimes you can get variances after it is surfaced within the 5 year period. Eng. Smith: No, the pavement is just barely cold, I don't think the Commissioners will even listen to it. Borup: You are referring to ACHD Commissioners? Eng. Smith: Yes, I think that Mr. Chairman, I think there is a lot lacking on this site plan. A lot of these questions could be answered by information provided on the site plan. Where are you going to connect to the sewer, where are you going to connect to the water, etc. All of these questions can be answered and that is one of the comments that staff has made at the end of this is that a new site plan needs to be submitted. If you want to go down through each one of these items and discuss them we can certainly do that. Michener: I agree, we were I guess when we put the property under contract it was I guess in need of several things like a rezone, conditional use permit for a new building. We are trying to jump several hurdles, maybe too many at once, several months to get through this process. And whether or not we can pull them all off to everybody's Meridian Planning & Zor'i~ng Commission June 10, 1997 Page 30 satisfaction I don't know. If we can tie into the sewer next door or to the neighbor to the east obviously that is our only choice now. Smith: As far as I am concerned it is, I am not going to support cutting Fairview Avenue. I think that there would be an uproar that you wouldn't hear quiet for some time. Michener: So any new development for the next five years needs to access it off of out of the street in an easement out of the street within the property line. I know the sewer is coming from Roundtree in a westerly direction and then it is also probably coming from the other direction. So any new development over the next five years is going to have to tie into an existing. Smith: If the site plan would show the sewer line I think it would be fairly evident. 1 don't know exactly where the sewer line is, it is along the west side of Five Mile Creek, I don't know where Five Mile Creek is in relation to your property. Michener: It is not on our property. Smith: You have got to get to Five Mile Creek. Michener: Okay Smith: Roundtree does not access sewer to Fairview it accesses sewer through Danbury Fair Subdivision. Michener: I think that answers most of the questions that I had with the comments. Borup: I think the one and this maybe a mute point, but the applicant had asked a couple of questions and I think Mr. Smith's comments would take care of answering that. But he was wondering about the dedication of the additional four feet from the centerline. Karen did you want to comment on that or Shari? Karen Gallagher, ACRD, 318 E. 37th Street, Garden City, was sworn by the City Attorney. Gallagher: Per our staff report there is no right- of way that is required. We do need 54 feet from center line, our documents are showing that they have 54. Shari and I looking at the site plan it is not verifying that. If we do need four additional more feet we will pay for that right of way. It is an arterial and that will come through the impact fees. Borup: So for the applicant's question it may or may not be there so it just needs to be verified on the site plan? Gallagher: Correct, if we do need right of way we will pay for it. Meridian Planning & Z~g Commission June 10, 1997 Page 31 Borup: I guess maybe one other question while yo agreements to the properties to the east, south and you would like to see on the plat at this time also? u are up there. The cross access west, I assume that is something Gallagher: We have requested only the cross access to the south in our site specific number 1. That what the only one that we see we could, don't we have the Five Mile, we have the drainage on the one side so we really didn't see the cross access was going to be feasible over that. To the south was something that we could definitely work with and eliminated an access point to Fairview and we already had the existing day care on the west side and it is already developed. We tried to see when things are going to redevelop, what really is feasible for us to get a cross access to work and we didn't see that redeveloping. So we only went for the cross access to the south as being a realistic option. Borup: Thank you, did you have some additional comments? Michener: I was just going to answer any questions. Borup: Any questions for the applicant? MacCoy: (Inaudible) I wish you would have given us a map, plan, layout etc. that would have given us an elevation. What you show us here leaves a lot to be desired. It puts me in a position where I have to ask you what is the height of the. building, what is it made of, etc. Michener: Do you want me to go into it? I don't have an elevation. MacCoy: Do you know where Michener: We have currently spent $2000 redoing the plan up to this point. ACRD requested a single curb cut so we went back and redrew it. We spent a considerable amount redrawing it to meet the previous hearings. We have not done a full set of plans, we are not going to do a full set of plans unless we get approval. We can do a front view showing the color scheme. MacCoy: That is what I am asking for, something that gives us some type of feel for this. Michener: We can do a color scheme, basically it is going to be mason block designer color I guess with raised block around banded color. Basically front glass retail, we have talked to several retail users they all want glass and frontage visibility. Like I said Mason Block height, your typical 8 foot 10 foot interior ceilings. Another 4 foot probably for duct work and access and a roof height of, I don't know probably flat we haven't really got into the type of a roof. We are just now starting to talk with builders, block seems to be the latest thing that everybody wants to build these days. So it doesn't sound like you want a metal building out there. We don't like metal buildings either. We Meridian Planning & Zo~TfRg Commission June 10, 1997 Page 32 could definitely do a color schematic. We didn't know if we needed to put forth more dollars not knowing whether we are going to get our rezone for starters. MacCoy: It doesn't have to be something real fancy either but you could have even done it with a sketch and done a water color wash or a pencil wash or anything else to show that to us. Michener: The main two factors that we are going after is probably the rezone, I think it fits your comprehensive. Plan, we are not really trying to step out of the bounds, there is definitely a demand in Meridian for retail space. We do a lot of leasing commercial real estate is what we do, leasing and sales of properties. There is a high demand for retail space right now. I don't know how many projects you have heard lately but I am sure several. This is a prime property close to downtown and we have had significant interest for retail type users. We need to make sure we can get it rezoned before we start going too in depth on plans and what not. Borup: I might just mention item #8 is just referring to the rezone. The next item is pertaining the conditional use. Normally we kind of overlap that I the testimony. MacCoy: You mentioned the concrete block wall which you must have received the letter from Ross the owner of Elm Grove trailer park. Michener: Yes I reviewed that. MacCoy: You can understand their reasoning for the letter. Michener: Yes I can see a visual barrier six foot, 1 don't know how much sound barrier block wall is going to do. I don't know if we can put these block walls every commercial development in town whether that makes sense or not. MacCoy: We are talking about this one right here. Michener: We can review, we don't have a problem with building it along the side next to the mobile home park where the residents are. The question would be whether or not going east and west across the back of our property not knowing what the next property owner is going to do to the south. They are not having that same request I guess. MacCoy: This has got to do with the trailer park, you have to understand their view point. I was just wondering since they spelled out what they were looking for what you felt about it. Michener: We are just starting to see more and more of that with commercial development requesting for sound and visual barrier walls. So it is not out of the norm, it would be nice to split it 50/50 on the cost obviously, a good neighbor fence. Meridian Planning & Zor~g Commission • June 10, 1997 Page 33 MacCoy: Well that is between you and them. This Commission though would like to see a barrier wall because we worry about the visual part and we worry about the sound with your neighbors. Michener: I didn't see where the Commission requested, I just saw the letter. MacCoy: That is true, that is the reason I am bringing it up. I am wondering one did you have a copy of the letter and two what your feeling was. Michener: Again we don't have a problem with the boundary between us and them on the west side. It is requesting the east, the southern most property line of our property why that additional needs to be done at this time. MacCoy: Do you plan to meet with the owner? Michener: Yes we can, this is the first I have ever seen of this letter. MacCoy: Well, looking down the road here I think it is going to be a point of issue for us. Michener: It kind of describes in the letter what he requests and maybe to clarify we would need to request what you are asking for and that would come in obviously facts and findings. I don't know, typically are you going to put all the way from Fairview, all the way to the back of our property. Do we stop there or do we do one across the southern border of mine. Do we extend it on to the south even longer for the south property owner. I don't know, we just need to clarify that. MacCoy: I would suggest that you might want to talk to our staff people. Michener: Right, it just hasn't been addressed yet in this. MacCoy: It will come up. Michener: Right and I don't think we have a problem with it. We are still on the rezone here aren't' we? (Inaudible) Borup: Yes we are and I, it sounds like the Commissioners may have a lot of questions concerning the conditional use and maybe not so much on the rezone. I am wondering if we move things along a little faster if we want to maybe handle the one and then. Michener: That would be my preference is to address the rezone. If this sort of a use is fitting this property. Meridian Planning & Zo~g Commission June 10, 1997 Page 34 Borup: (Inaudible) it sounds like there are a lot of questions on the other, but we are still on a public hearing on the rezone. Fitzgerald: We are on the public hearing on the rezone, that is primary issue at this point. Certainly there is in exploring what their plans are with the rezone you do have so to speak some overlapping with the conditional use .permit. But the focus is on their application to rezone it to L-O, excuse me to C-G. Borup: I think I would like to proceed on with the public. Smith: I just have one question, what is the property zoned south of your site currently and what is it proposed to be zoned in the Comprehensive Plan? Michener: It is one parcel right now on the map it shows that you should have in your package it is R-8. Right on the front of the application, the whole piece the whole parcel. Borup: Anybody from the public that would like to testify? Robert Jacobsen, 204 Sunrise Rim, Nampa, was sworn by the City Attorney. Jacobsen: I am the owner of the property that is directly south and we would not require a visual or a sound wall, at this time there is no reason for needing that. As far as any future use of what we are going to do with that property we do not have any set plans at this time. It is currently zoned as R-8 I am guessing that at some point in time we will want to ask for a rezone of that. But we do not have any specific use designed for that property at this time. Borup: Any questions from the Commission? Anyone else? Loren Ross, 1383 Linderwood Drive, Meridian, was swum by the City Attorney. Ross: I am the owner of the property to west and the comments I have made in the statement you have before you withstands or still stands, 1 feel very strongly about those. A couple of three questions I have relative to what l have heard tonight. One of them being, they are talking about a south or southerly exit. That is going to be a continuation right down my mobile home park in .addition to what you see as a site plan there it will be another probably 300 feet which will affect another 8 or 9 residents. When we speak proximity we are talking very close proximity. The reason for the concern for a sound and site barrier of the magnitude I requested, I think everybody is overlooking what happens at the back of a building. Depending on the retail that they lease to you can have early morning or you can have fate night. Either in freight or employees or possibly even in customers that initiates noise and initiates lights. According to the site plan that I saw those lights are going to go one way right into people's homes in a very close proximity. So therefore is why 1 require a fence going Meridian Planning & Zo~g Commission June 10, 1997 Page 35 east and west at the back of their property. I shouldn't say require, request. Some other concerns I have, under the terminology retail does that encompass restaurant or bar? I guess that is a question I would ask you. Because those are another type of if it is termed or within the realm of retail those are going to have probably an unusual amount of noise and unusual hours relative to the usual retail. But I would have a concern with what is going to be interpreted as a southern exit and where that intends to go. Borup: Have you seen the site plan Mr. Ross? Ross: I only saw the one that was mailed to me. And it did not reference anything going to the south as I recall. Borup: The access to the south, maybe just for information is along the east side of their property and that is showing future access for future development of the property I believe. Ross: It is not along my borderline on the west. Borup: Not it is on clear the opposite end of the property. Ross: So it would be on the east portion. Well those are the main concerns I would have and with that you also everybody else has my written comments and I would stand by those. Borup: Any questions from the Commission for Mr. Ross? Smith: Mr. Ross, is construction of a 6 foot high concrete masonry unit fence something that you would be willing to participate in the cost of? Ross: I wouldn't comment on that at this time, no. Borup: Is the, the site plan shows one trailer unit and maybe a part of another that is to the edge of their property, is that fairly accurate? Ross: Reasonably close, the back of our building in fact there is a New Horizon day care play ground and I think the back fence there would right at the 250 foot mark from the highway. So I would say am I correct that their site plan calls for about 300 feet back from Fairview? Well maybe that is the reason I drew that assumption because I know about where my lines are. Borup: Show that to Mr. Ross so he has the same reference that we are referring to. (Inaudible) Meridian Planning & Zo~ Commission • June 10, 1997 Page 36 Borup: So you are saying the play ground is in the back of the Horizon building between that and the first trailer. . Ross: That is correct, it consumes fifty feet. So what is not being shown there is New Horizons Day Care then there should be 50 feet of playground area and then your first mobile home. Borup: Is there any screening between the playground and the mobile park? Ross: Yes there is. Borup: A noise thing to keep the children Ross: Yes there is a, well two things happen there, number one the fence is a 6 foot fence and it has slats in which is a noise retainer. The other thing is those kids are not back there on a very much of an ongoing basis. They are housed most of the time and when they are not housed typically the day care Hans about the same hours as working hours. By 6:00 they are all out of there. As opposed to what could be retail next to us could run until midnight depending on what that is. Borup: Have you owned this property for a number of years? Ross: About 45 years. The other thing that I would like to reference there when you speak in terms of leasing buildings, as you may be aware I have done that a few years myself. What you start up with is not what you end up with. Borup: That was my question, I was wondering what some of the previous uses of the building have been. Ross: It has been furniture for a lot of years, we did that and went from furniture to day care. Borup: Did you have something in between there for a while? Ross: No, a different style of furniture, and a different style of day cares, a couple of three day cares. What I was referring to was the. new development beside me. Believe me I am not against it, I just think it should have certain barometers put to it to protect surrounding property. What I am getting at, whatever starts out as a lessee doesn't always end up being the existing lessee. Things do change so that is why, maybe they would put in place of building that would be strictly an 8 to 5 retail situation which is quite workable situation. Three years later that could change to be unless you have other restrictions maybe it could be a bar and restaurant. That is a whole different ballgame. Meridian Planning & Zo~g Commission • June 10, 1997 Page 37 Borup: Maybe while you are here, Shari, Mr. Ross had a question earlier as far as what is allowed in the C-G zoning whether bars and restaurants are allowed in that without a conditional use. Stiles: A bar would be not a permitted use, it would be allowed maybe through a conditional use if this were rezoned to C-G. Restaurant is a permitted use in the C-G, I think that the City can place restrictions or at least have some design review as the tenants come in since we don't know what the use is except for retail. Any change in use would require that a conditional use permit be prepared for it. Their conditional use permit is requesting a retail only. Ross: But the possibility could exist is all I am saying? Stiles: Yes Borup: But it would have to come back for a conditional use. Does that answer your question then? Ross: I think so. Borup: Any other questions? Smith: I have a question for Mr. Michener then. Mr. Michener,. do you have any prospective tenants lined up for this building and what type of uses do you anticipate? Michener: Thus far that we have talked to have been all retail, service oriented. No food, we originally had a drive through and two curb cuts, that has been changed. We pulled the drive through plan, that probably would have been a food tenant but we have yanked the drive through. No leases signed, so I guess I don't really have an specifics as far as who and what are going in there. Smith: No prospects. Michener: Several prospects. Smith: Any that conflict with an adjacent use where night time hours would be a problem. Michener: I don't know, that would be up to the conditional use permit again. Shari said each tenant would have to go (inaudible) Smith: I understand that, but I am more interested in getting an idea of who you have been talking to as prospective tenants to whether or not we can foresee that being an issue or not. Meridian Planning & Zo~g Commission • June 10, 1997 Page 38 Michener: I don't foresee any problems with noise or concern that way no. Smith: Based on the prospective tenants you have talked to? Michener: Two of the users were 8 to 5 users and one I believe was more of a 7 to 10 type of a user going into the evening a little bit later. But again nothing is signed, it is just a typical retail building it could be anything and- they would have to come get a conditional use permit for it. Smith: Thank you. Borup: Okay, anyone else wish to submit any testimony? Borup: If not, do any of the commissioners have anybody else they would like to question? If not I would like to close this public hearing. This is item #8 on the rezone. We are going to need findings. Smith: Mr. Chairman, I would like to move that we have findings of fact and conclusions of law prepared for this application. MacCoy: Second Borup: It has been moved and seconded to have findings of fact and conclusions of law prepared on item #8,a11 those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A MULTI-TENANT RETAIL CENTER BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: Hoyt Michener, 7009 Bellhaven, Boise, was sworn by the City Attorney. Michener: Did you have more questions? Borup: Would you like to Fitzgerald: He could request that his testimony be incorporated. Borup: That is what I was trying to say, would you like to request that your previous testimony be incorporated into this hearing? Michener: Yes, I would like to request that all of the previous comments on the rezone also be incorporated with the conditional use for item 9, public hearing. • ~ OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN RONALD R. TOLSMA BENTLEREE C GLENN R BRUCE D. STUART, Water Works Supt. . JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 GREG OSLUND W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 MALCOLM MACCOY KEITH BORUP ROBERT D. CORRIE RON MANNING Mayor TO: Planning & Zoning Commission, Mayor & Council FROM: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator ~~ DATE: June 3, 1997 SUBJECT: Request for Rezone from R-8 to C-G with a Conditional Use Permit for Multi- tenant Retail Center on 1.40 Acres by Roger Michener Following are comments to be considered during your review of this project: 1. This request for rezone to C-G with a conditional use permit is consistent with the Meridian Comprehensive Plan. The proposed development site is part of a larger parcel. The applicant proposes splitting the frontage off and providing a cross access agreement to the back portion of the property, as the split would leave the remainder landlocked. 2. ACHD policy requires that access from Fairview to this development be located to align with the Jackson's Food Mart and that cross access agreements be entered into for the properties east, south and west of this parcel. 3. A minimum 20-foot-wide planting strip is required adjacent to the existing residential use per City Ordinance Section 11-9-605. A revised plan detailing the 20-foot-wide planting strip is needed prior to action on this proposal. The owner of the adjacent trailer park has submitted a letter requesting that a block wall be provided adjacent to the trailer park. Detailed landscaping plans, including species and sizes of all plants, will be required prior to submitting an application for building permit. 4. Provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. c: ~or~tcs~wrwn~nwrnocsarncHeNraKx, cur. noc P&Z Commission/Mayor & Council June 3, 1997 Page 2 5. A minimum of twenty-five (25) three-inch (3") caliper trees are required for this development. 6. A screened trash enclosure is to be provided per City Ordinance. No trash area is shown on the plan. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 7. Dedicate four (4) additional feet of right of-way on Fairview Avenue (54' from centerline). Furnish copy of recorded warranty deed to the City Clerk's office for dedication of additional right-of--way prior to submitting an application for building permit. 8. Provide athirty-five-foot (35') landscape setback beyond required right-of-way. Applicant to provide detailed landscape plan including berming details for approval prior to obtaining building permits. Sidewalk/curbing shall be installed along Fairview Avenue. 9. Applicant to provide curbing and underground sprinkler system for all landscaped areas. 10. Provide temporary fencing to contain debris during construction. 11. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Paving, striping and signage of parking lot to be in accordance with Meridian City Ordinance and the Americans with Disabilities Act. Driveway widths and parking stall lengths do not meet the requirements of City Ordinance Section 11-2-414; i.e., 25-foot-wide driveway aisles with 9'x19' stalls. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer with calculations (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 12. Each tenant shall obtain a certificate of occupancy prior to opening for business. 13. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance, the Uniform Sign Code, and shall receive design approval of the Planning & Zoning Department. A-frame and other temporary signs will not be permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed for all signage. c:~o~nc~~wpwunwrr~ocs~~c~aR.cur.noc • P&Z Commission/Mayor & Council June 3, 1997 Page 3 14. All construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 15. 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. 16. Assessment fees will be determined during the plan review process. 17. Provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties, as determined by the City of Meridian. 18. The City of Meridian owns and maintains a 21-inch diameter sanitary sewer main adjacent to the north of this proposed site in Fairview Avenue. The Ada County Highway District is currently working on an asphalt overlay of Fairview Avenue. Ada County Highway District policy prohibits any cuts of newly paved or overlaid roadways during a five year period from the date of completion. The 21-inch diameter sanitary sewer main also follows the westerly side if Five Mile Creek near the easterly boundary of the proposed site. It may be possible to access the sewer across the adjacent parcel if easements could be obtained from the owner. Service lines and mainlines to the site shall be reviewed during the plan review process. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this project. 19. The City of Meridian owns and maintains aneight-inch diameter water main in Fairview Avenue at the intersection of E. 3'~ Street. The applicant would be responsible for the extension of this main to the easterly boundary of the proposed site. Service lines and mainlines to the site shall be reviewed during the plan review process. 20. Water service to this project is contingent upon positive results from a hydraulic analysis by our computer model. c:~o~mce~wrwanwPnoc~Hn~x.c~m.noc • P&Z Commission/Mayor & Council June 3, 1997 Page 4 21. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 22. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 23. The legal description submitted for rezone describes the perimeter of the site shown on the site plan; however, according to the Ada County Assessor's information, there is an irregular piece of land in the northeast corner of the site that is still in the County. Although the applicant does not own all of this property, the triangular piece should be cleaned up and annexed. A possible reason this was left in the County is that there is currently a billboard next to Five Mile Creek. 24. Applicant is to provide a revised site plan meeting all staff and agency requirements prior to being scheduled for a public hearing at City Council level. 25. A development agreement incorporating detailed conditions of approval is required as a condition of rezoning. All uses shall be developed under the conditional use permit process. c: ~ormc~avpwu~nwrnocs~~c~Nax. cur. noc • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ROGER MICHENER REZONE OF APPROXIMATELY 1.4 ACRES FROM R-8 TO C-G 5'19 E. FAIRVIEW AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on June 10, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through his representative, Hoyt Michener, 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 rezone application was published for two (2) consecutive weeks prior to said public hearing scheduled on June 10, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 10, 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. The property contains approximately 1.4 acres and is located within the City of Meridian at 519 E. Fairview Avenue. The property is described in the application which description is incorporated herein. The Applicant is not the owner of record of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. ROGER MICHENER - REZONE the property. The record owners of the property are Robert G. and Patricia A. Jacobsen, and they have consented to the application for re-zone of the property. 3. The property is presently zoned (R-8) Medium High Density Residential District and the Applicant requests a rezone to (C-G) General Retail and Service Commercial. 4. Pursuant to the application, the property is presently bare. The proposed use of the property is to construct a multi- tenant retail center. 5. Hoyt Michener, the representative of the Applicant, testified substantially as follows. The Applicant has reviewed the comments submitted on this application, and asked for some clarifications on some of those comments. With regard to the comment concerning cross access easements, the Applicant is planning to provide access to the south property through a recorded easement. As to the properties located to the east and west of the property, the Applicant is not aware of what the planned use of the properties are. Consequently, he does not know whether cross access is necessary. The Applicant plans to meet all the minimum landscaping requirements, and a 20 feet planting strip would be acceptable to the Applicant. With regard to fire access and hydrant locations, two hydrants have been requested. The Applicant does not know the desired location of the hydrants or the demand for those hydrants. If two fire hydrants are required for the Applicant's proposed building, the Applicant would comply, but wants to know the specific location for the hydrants. However, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. ROGER MICHENER - REZONE Applicant desires that he have to install only one hydrant. The trees for the landscaping are not a problem. The Applicant plans to landscape the four sides of the property. The requirement of a screening for the trash receptacles/dumpster is not a problem. With regard to the dedication of an additional four feet of right- of-way on Fairview Avenue, which may effect the purchase price of the property, that issue and the question of reimbursement are matters for the Applicant and the Ada County Highway District. However, the dedication of the additional right-of-way does affect the size of the building and meeting the minimum set back, landscaping and other site specific requirements. The Applicant requests clarification on the requirement of the erection of a fence to contain debris during the construction of the building. 6. Commissioner Borup commented that the purpose of the requirement that a fence be erected during construction of the building is to contain debris on the property and off adjoining properties. 7. Hoyt Michener further testified substantially as follows. The construction of a 6 feet high concrete wall along the boundary between the property and the adjacent mobile home park is a concern of the Applicant. With regard to providing sewer to the property, the Applicant desired to connect the property to the sewer through Fairview Avenue. However, as Fairview Avenue has been resurfaced, and Ada County Highway District prohibits the cutting of new pavement for a period of five years, the sewer could possibly be stubbed in to the line east of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. ROGER MICHENER - REZONE 8. City Engineer, Gary Smith, commented as follows. There exists a lot of missing information on the site plan. Many of the questions and issues could be answered by information on the site plan, such as where the property will connect to sewer and water. As provided in the City staff's comments, a new site plan needs to be submitted. 9. In response, Hoyt Michener responded that when the property was put under contract to purchase, many things needed to be accomplished such as a rezone of the property and securing a conditional use permit. The Applicant is attempting to jump several hurdles to get this project moving forward quickly. He does not know whether the Applicant. can accomplish all these tasks to everyone's satisfaction. With regard to the sewer connection, the only option apparently available is to connect the property to the sewer line through the property to the east. 10. City Engineer, Gary Smith, commented that he would not support cutting the new pavement on Fairview Avenue. With regard to connecting the property to sewer, the Applicant needs to extend the line to the sewer line which runs along Five Mile Creek, and he does not know the location of the property in relation to Five Mile Creek. The Roundtree Chevrolet property does not connect to sewer through Fairview Avenue. It connects through Danbury Fair Subdivision. 11. Karen Gallagher of the Ada County Highway District testified substantially as follows. Pursuant to the Ada County Highway District's staff report there is no right-of-way which is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. ROGER MICHENER - REZONE • required. However, the Ada County Highway District needs 54 feet of right-of-way from the centerline of Fairview Avenue. If it needs four feet of additional right-of-way, it will pay for the additional right-of-way. As Fairview Avenue is an arterial, the funding for the acquisition of the additional right-of-way will come through impact fees collected. 12. In response to questions of Commissioner Borup, the Ada County Highway District has requested only the cross access south of the property. The Five Mile Creek presents a problem with regard to cross access, making such access not feasible. The south cross access is an access with which the Ada County Highway District can work and eliminate an access point on Fairview Avenue. 13. In response to questions of Commissioner MacCoy, Hoyt Michener testified substantially as follows. The Applicant does not have an elevation schematic for the proposed building. To this point, the Applicant has expended $2,000.00 on the plan for the property. The Ada County Highway District requested a single curb cut which caused the Applicant to redraw its plans. The Applicant has spent a considerable amount of money to redraw the plans to meet the requirements of other agencies. The Applicant has not done a full set of plans, and it does not plan to do a full set of plans unless approval for the proposed development is secured. However, the Applicant can prepare a front view, with a color scheme, of the proposed building. The proposed building will be a mason block designer color with raised block around banded color. The front of the building will be glass for retail display and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. ROGER MICHENER - REZONE • visibility. The interior ceilings will be the typical 8 feet to 10 feet high, with an additional four feet for duct work and ceiling access. The Applicant is uncertain as to the design of the roof, although it may be a flat roof. The Applicant does not like metal buildings. With regard to the building plans or schematics, the Applicant did not know whether it had to expend the money not knowing whether the application for rezone would be approved. The present primary objective of the Applicant is to secure the rezone of the property. The requested rezone fits with the City's Comprehensive Plan. There is definitely a demand in Meridian for retail space. The Applicant does. a lot of leasing and sales of commercial real estate. There presently exists a high demand for retail space. The property is prime property because it is close to downtown. The Applicant has had a significant interest from retail type users. Securing the rezone of the property is paramount to pursuing the project and investing money into it. 14. In response to further questions of Commissioner MacCoy, Hoyt Michener testified substantially as follows. The Applicant has received a copy of the letter from the owner of Elm Grove trailer park, concerning the six feet high concrete wall between the property and the trailer park. He recognizes the wall being a visual barrier, but he does not know how beneficial the wall will be as a sound barrier. The Applicant can review the request for the concrete wall, and the Applicant does not have a problem with constructing the wall. However, he does not know whether the wall should go east and west across the southern property line of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. ROGER MICHENER - REZONE • property. Based upon past commercial development, the wall is not an unusual request. The Applicant would prefer to split equally the expense of the fence with the owner of the trailer park. The Applicant does not presently want to extend the concrete wall across the southern portion of the property. The Applicant is willing to meet with the owner of the trailer park. 15. In response to a question of Commissioner Smith, Hoyt Michener testified substantially that the land south of the property is one parcel which is zoned R-8. 16. Robert Jacobsen testified substantially as follows. He is the owner of the land which is directly south of the property. He would not require a visual or a sound wall between his land and the property; no need presently exists for such a wall. With regard to his property, he presently has no specific plans for it. The land is presently zoned R-8, and he may seek a rezone in the future. 17. Loren Ross testified substantially as follows. He is the owner of the land to the west on which the Elm Grove trailer park is located, and the comments he has made in his letter received by the City of Meridian on May 12, 1997, is an expression of his comments and concerns pertaining to the application. With regard to the southerly access to the property, such access will impact his trailer park due to the close proximity of the traffic and eight or nine residents of the trailer park. What occurs at the rear of a commercial buildings gives rise to his concern and request for a sight and sound wall. Dependent upon the occupants FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. ROGER MICHENER - REZONE of the building, activities, noise and light disturbance can occur early in the morning and late in the evening. Based upon the site plans he has reviewed, lights will shine into the residences of the trailer park. Consequently, he requests the concrete wall. He also has a concern of the nature of the businesses which will occupy the property. 18. Loren Ross submitted a letter received by the City of Meridian on May 12, 1997, which letter is incorporated herein as if set forth in full. This letter provides in part: His property includes a 12,000 sq. ft. commercial building (405/407 E. Fairview) that is part currently occupied by New Horizons Child Care, Idaho, Inc. and Elm Grove Trailer Park, a 40 unit mobile home park. I wish to go on record with the following concerns in which the above proposed project may impact my property: 1. Noise. I would request that noise levels be kept within an acceptable decibel level to continue with the same "business as usual" that New Horizons Child Care is currently experiencing. Equally, if not of more concern, is the impact on the occupants within Elm Grove Trailer Park. The proposed project will be within very close proximity to the mobile home community. 2. Sight. Early morning and late night lights from customers, employees, and delivery trucks, specifically parking/freight area behind the proposed project, would shine directly into the mobile homes within Elm Grove Trailer Park. This is not acceptable. I would request a sound & sight barrier in the form of a pumice block wall, minimum height of 6 feet, accompanied with landscaping to soften/eliminate activity that may negatively impact my property. At a minimum, the wall needs to commence at the rear of my commercial building (New Horizons Child Care) and continue south for the duration of the project. At that point, the wall needs to continue eastward the width of the proposed project. Priority should be given to construction of the sound and sight barrier prior to building construction to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. ROGER MICHENER - REZONE • eliminate all of the above mentioned concerns as well as blowing dust and debris during the construction phase. In conclusion, I welcome the proposed project with the above concerns properly addressed by the members of this commission and the owners of the proposed project. However, if decisions, or the lack thereof, made by members of this commission or the owners of the proposed project should result in a negative impact and/or loss of revenues to Elm Grove Trailer Park and my commercial building at 405/407 E. Fairview (currently Horizons Child Care), this may result in litigation. to remedy the problem. 19. In response to a question of Commissioner Smith, Loren Ross testified that he is not presently willing to comment on the sharing of the cost of construction of the concrete wall between his property and the property. 20. In response to questions of Commissioner Borup, Loren Ross testified substantially as follows. With regard to the site plan which he received and reviewed, the first mobile home is close to the south end of the play area for the child care center on his property. There is screening between the play area and the mobile home park. The fence is 6 feet high and has slats to reduce the noise from the play area. The children are not in the play area very much or an ongoing basis. The children are inside most of the time, and the day care runs, approximately, normal business hours. By 6:00 p.m., the children have been picked up, whereas the retail business on the property could operate until midnight. He has owned his land for approximately 45 years. The building has been used for retail furniture businesses before it was day cares. He is not against the development of the property, but desires certain FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. ROGER MICHENER - REZONE constraints to be imposed to protect the surrounding properties. The types of businesses and lessees change over time, and the different types of businesses and tenants cause different types of impacts. 21. The Planning and Zoning Administrator commented substantially as follows. A bar would not be a permitted use., although it may be permitted through a conditional use if the property was rezoned to C-G. Restaurants are permitted uses in the C-G; however, she thinks the City can place restrictions, or at least have some design review, as tenants start to occupy the property. Any change in use would require that a conditional use permit be prepared for it. The Applicant's application for a conditional use permit is requesting retail only. Although the possibility exists for a bar or restaurant, a conditional use permit would need to be obtained. 22. Hoyt Michener further testified substantially as follows in response to questions of Commissioner Smith. At this time, all the tenants that have expressed interest in the property are retail, service oriented, and not food establishments. Originally, the Applicant proposed a drive-through and two curb cuts, but that has been changed. The Applicant abandoned the drive through plan, which. would have accommodated a food establishment. Although prospects exist, no leases have been executed. He does not know the identity of any of the tenants, but does not anticipate any tenant creating any problems in terms of noise or otherwise. Of the prospective tenants with which he has spoken, two would operate FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. ROGER MICHENER - REZONE businesses with hours of 8:00 a.m. to 5:00 p.m., and another was 7:00 a.m. to 10:00 p.m. However, any of these tenants would have to secure a conditional use permit. 23. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein as if set forth in full. Their comments included the following: a. This request for rezone to C-G with a condition use permit is consistent with the Meridian Comprehensive Plan. The proposed development site is part of a larger parcel. The Applicant proposes splitting the frontage off and providing a cross access agreement to the back portion of the property, as the split would leave the remainder landlocked; b. ACRD [Ada County Highway District] policy requires that access from Fairview to this development be located to align with the Jackson's Food Mart and that cross access agreements be entered into for the properties east, south and west of this parcel; c. A minimum 20 feet wide planting strip is required adjacent to the existing residential use per City Ordinance Section 11-9-605. A revised plan detailing the 20 feet wide planting strip is needed prior to action on this proposal. The owner of the adjacent trailer park has submitted a letter requesting that a block wall be provided adjacent to the trailer park. Detailed landscaping plans, including species and sizes of all plants, will be required prior to submitting an application for a building permit; d. The Applicant is to provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies; e. A minimum of twenty five (25) three inch (3") caliper trees are required for this development; f. A screened trash enclosure is to be provided per City Ordinance. No trash area is shown on the plan. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. ROGER MICHENER - REZONE • g. The Applicant is to dedicate four (4) additional feet of right-of-way on Fairview Avenue (54' from centerline). The Applicant is to furnish a copy of recorded warranty deed to the City Clerk's office for dedication of additional right-of-way prior to submitting an application for a building permit; h. The Applicant is to provide a thirty five feet ( 35' ) landscape setback beyond the. required right-of-way. The Applicant is to provide detailed landscape plan including berming details for approval prior to obtaining building permits. Sidewalk/curbing shall be installed along Fairview Avenue; i. The Applicant is to provide curbing and underground sprinkler system for all landscaped areas; j. The Applicant is to provide temporary fencing to contain debris during construction; k. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Paving, striping and signage of parking lot is to be in accordance with Meridian City Ordinance and the Americans with Disabilities Act. Driveway widths and parking stall lengths do not meet the requirements of City Ordinance Section 11-2-414; i.e. 25 feet wide driveway aisles with 9' x 19' stalls. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a state of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer with calculations (Ord. 557, 10-1- 91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site; 1. Each tenant shall obtain a Certificate of Occupancy prior to opening for business; m. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance, the Uniform Sign Code, and 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; n. All construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. ROGER MICHENER - REZONE • • o. 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; p. Assessment fees will be determined during the plan review process; q. The Applicant is to provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed not to cause glare or adversely impact neighboring residential properties, as determined by the City of Meridian; r. The City of Meridian owns and maintains a 21 inch diameter sanitary sewer main adjacent to the north of this proposed site in Fairview Avenue. The Ada County Highway District is currently working on an asphalt overlay of Fairview Avenue. Ada County Highway District's policy prohibits any cuts of newly paved or overlaid roadways during a five year period from the date of completion. The 21 inch diameter sanitary sewer main also follows the westerly side of Five Mile Creek near the easterly boundary of the proposed site. It may be possible to access the sewer across the adjacent parcel if easements could be obtained from the owner. Service lines and mainlines to the site shall be reviewed during the plan review process. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this project; s. The City of Meridian owns and maintains an eight inch diameter water main in Fairview Avenue at the intersection of E. 3rd Street. The Applicant would be responsible for the extension of this main to the easterly boundary of the proposed site. Service lines and mainlines to the site shall be reviewed during the plan review process; t. Water service to this project is contingent upon positive results from a hydraulic analysis by the City's computer model; u. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. ROGER MICHENER - REZONE • district, or lateral users association with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project; v. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; w. The legal description submitted for rezone describes the perimeter of the site shown on the site plan; however, according to the Ada. County Assessor's information, there is an irregular piece of land in the northeast corner of the site that is still in the County. Although the Applicant does not own all of this property, the triangular piece should be cleaned up and annexed. A possible reason this was left in the County is that there is currently a billboard next to Five Mile Creek; x. The Applicant is to provide a revised site plan meeting all staff and agency requirements prior to being scheduled for a public hearing before the City Council; and y. A development agreement incorporated detailed conditions of approval is required as a condition of rezoning. All uses shall be developed under the conditional use permit process. 24. The Meridian Police Department, the Meridian Fire Department, the Meridian Sewer Department and the Nampa & Meridian Irrigation District submitted comments on the subject application, which respective comments are hereby incorporated herein as if set forth in full. 25. The Central District Health Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. ROGER MICHENER - REZONE • central water; and that stormwater run-off should flow into a grassy swale before discharging to the subsurface. 26. 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. 27. There were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 3. The City of Meridian has authority to place conditions upon granting a zoning amendment. 4. This Application for a zoning amendment has been judged upon the basis of guidelines contained in Section 11-2-416 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. Section 11-2-416 A. states in part as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. ROGER MICHENER - REZONE • When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change, or repeal the regulations, .restrictions,. and boundaries or classifications of property as well as the regulations and provisions of this Ordinance. 6. Section 11-2-416 (K) of the Zoning And Development Ordinance of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments. Upon a review of those requirements and a review of the facts presented and conditions of the area, it is specifically concluded as follows: (a) The (C-G) General Retail and Service Commercial zoning would be harmonious with and in accordance with the Comprehensive Plan; (b) The area included in the proposed zoning amendment is intended to be developed in a fashion which would be allowed under the proposed new zoning; (c) The property, if designed and used as allowed in the (C- G) .General Retail and Service Commercial, would be designed and constructed to be harmonious with the surrounding area; (d) The (C-G) General Retail and Service Commercial use would not be hazardous to the existing or future uses of the surrounding area; (e) The (C-G) General Retail and Service Commercial development would not create excessive additional requirements at public cost for public facilities and services, and would not be detrimental to the economic welfare of the community; (f) The proposed uses under the (C-G) General Retail and Service Commercial would not involve uses, activities, processes, materials, .equipment or conditions of operation which would be detrimental to any person, property or the general welfare of the area; (g ) The area should have a vehicular approach to the property which will be designed to decrease interference with traffic on surrounding public streets; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. ROGER MICHENER - REZONE ~ w (h) A rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance; and (i) The proposed zoning amendment is in the best interest of City of Meridian. 7. It is concluded that the City could rezone the property (C-G) General Retail and Service Commercial, but once the property was rezoned (C-G) General Retail and Service Commercial, the Applicant could place many different uses on the property without additional approval from the City other than building permits, which limits the control that the City should have over the development and the uses of the property. Because the City should have control over any uses that are to be placed on the land, it is, therefore, concluded, as a condition of rezoning, that any use or development of the property shall only be allowed under the conditional use process. 8. It is concluded that the property should be rezoned (C-G) General Retail and Service Commercial, but only capable of being developed under the conditional use permit process. 9. As a condition of the rezoning of the property to (C-G) General Retail and Service Commercial, the Applicant shall be required to enter into a development agreement as authorized by 11- 2-416 L; that the development agreement shall address the comments of the Assistant to the City Engineer, the Planning and Zoning Administrator, the sewer and water requirements, and any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. ROGER MICHENER - REZONE • 10. It is further concluded that the Applicant must meet and comply with the comments, recommendations and requirements of Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator. Their comments, recommendations and requirements include, but are not .limited to, the following: (a) The Applicant shall provide a minimum 20 feet wide planting strip adjacent to the existing residential use per City Ordinance Section 11-9-605; (b) A revised plan detailing the 20 feet wide planting strip shall be provided prior to action on this proposal by the City Council; (c) The Applicant shall provide detailed landscaping plans, including species and sizes of all plants, prior to submitting an application for a building permit; (d) The Applicant shall provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies; (e) A minimum of twenty five (25) three inch (3") caliper trees shall be required for this development; (f) The Applicant shall provide a screened trash enclosure per City Ordinance. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor. The Applicant shall locate dumpsters so as not to impede fire access; (g) If required by the Ada County Highway District, the Applicant shall dedicate four (4) additional feet of right-of-way on Fairview Avenue, 54' from centerline. If so required by the Ada County Highway District, the Applicant shall furnish a copy of recorded warranty deed to the City Clerk's office for the dedication of additional right-of-way prior to submitting an application for a building permit; (h) The Applicant shall provide a thirty five feet (35') landscape setback beyond the required right-of-way; (i) The Applicant shall provide a detailed landscaping plan including berming details for approval prior to obtaining building permits; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. ROGER MICHENER - REZONE ~ ~ (j) The Applicant shall install sidewalk(s) anccurbing along Fairview Avenue; (k) The Applicant shall provide curbing and an underground sprinkler system for all landscaped areas; (1) The Applicant shall provide temporary fencing to contain debris during construction; (m) All driveway and parking areas shall 5e paved, with all driveway accesses approved by the A4a County Highway District. Paving, striping and signage of parking the parking areas shall be in accordance with Meridian City Ordinance and the Americans with Disabilities Act; (n) Driveway widths and parking stall len«~ths shall meet the requirements of City Ordinance Secti~~n 11-2-414; (o) Graveled driveways, parking azd accesses are unacceptable; (p) The Applicant shall provide a drainage plan for all off- street parking areas, designed ry a state of Idaho licensed architect or engineer, and shall submitted it, along with calculations, to the City Engineer; (q) All site drainage shall be contained ,and disposed of on- site; (r) Each tenant of the building on the property shall obtain a Certificate of Occupancy prior to opening for business; (s ) 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 and the Uniform Sign Code, and shall be submitted to 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 shall be required for all signage; (t) All construction shall be in compliance with the Americans with Disabilities Act and all required Uniform Codes; (u) 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. The Applicant shall enter into a re-assessment agreement prior to issuance of a Certificate of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. ROGER MICHENER - REZONE • ~ Occupancy. Assessment fees will be determined during the plan review process; (v) The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed so as not to cause glare or adversely impact neighboring residential properties, as determined by the City of Meridian; (w) The Applicant shall connect the property to Meridian water and sewer and resolve how the water and sewer mains .will serve the property. Service lines and mainlines to the site shall be reviewed during the plan review process; (u) As the treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated, approval of this application is specifically contingent upon the City's ability to accept the additional sanitary sewage generated by this project; (v) Water service to this property is contingent upon positive results from a hydraulic analysis by the City's computer model; (w) Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M. Plans for tiling existing irrigation/drainage ditches shall be approved by the appropriate irrigation/drainage district, or lateral users association with written confirmation of said approval submitted to the Public Works Department; (x) Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; and (y) The Applicant shall provide a revised site plan meeting all staff and agency requirements prior to being scheduled for a public hearing before the City Council. 11. It is further concluded that the Applicant must meet and comply with the comments, recommendations and requirements of the Meridian Police Department, the Meridian Fire Department, the Meridian Sewer Department, the Central District Health Department, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. ROGER MICHENER - REZONE ~ ~ the Nampa & Meridian Irrigation District, the Ada County Highway District, and any other agency submitting comments. 12. The Applicant shall establish and maintain appropriate buffering to residential properties. 13. These conditions shall run with the land and bind the Applicant and his successors in interest, assigns, heirs, executors or personal representatives. 14. Since Hoyt Michener testified that the Applicant can prepare a front view with a color scheme, the Applicant must submit a front view elevation with a color scheme of the proposed building to the City five ( 5 ) days prior to the hearing before the City Council. 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 COMMISSIONER COMMISSIONER COMMISSIONER CHAIRMAN JOHI BORUP SMITH MACCOY MANNING JSON (TIE BREAKER) VOTED VOTED VOTED ff __ VOTED Q.~7 VOTED ~f~4~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. ROGER MICHENER - REZONE • DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for the zoning amendment requested under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement, and that the property only be developed under the conditional use process; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and is not agreeable with entering into a development agreement and that the property only be developed under the conditional use process, the application for the zoning amendment should be denied. MOTION: APPROVED DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. ROGER MICHENER - REZONE l ~`' OFFICIALS WILLIAM G. BERG, JR., Clty 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 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 GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING 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 Sr Zoning Commission, please submit your comments and recommendation to Meridian City Hatl, Attn: Will Berg, City Clerk by: ~lLay 6, 1997 TRANSMITTAL DATE: 4/18/97 HEARING DATE: 5/13/97 REQUEST: Aot,lication for Rezone of 1 4 Acres from R to C-G at 519E Fairview Avenue BY: Roger Michener LOCATION OF PROPERTY OR PROJECT: NE 1/4 NW 1/4 Section 7. T.3N.. R.1 E.. B.M Ada Countv. Idaho JIM JOHNSON, P/Z MALCOLM MACCOY, P2 RON MANNING, P/Z GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. 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 (PR M. 8 FINAL PLAT) BUREAU OF REC I N PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARK ~~D 1997 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 E~I~IAI~ HUB OF TREASURE VALLEY • WILLIAM G. BERG, JR., C(ty Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., Clty 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 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 GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING 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 Sz Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Mav 6. 1997 TRANSMITTAL DATE: 4/18/97 HEARING DATE: 5113/97 REQUEST: Aaolication for Rezone of 1 4 Acres from R-8 to C-G at 519E Fairview Avenue BY: Roger Michener LOCATION OF PROPERTY OR PROJECT: NE 1/4 NW 1/4 Section 7, T.3N.. R.1 E.. B.M.. Ada_County. Idaho JIM JOHNSON, P/Z MALCOLM MACCOY, P2 RON MANNING, P/Z GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT Q~CE~ VE(~ ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH = ~ ~ 1ci~7 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT ~~ t:~l- NEFt1DIAl IDAHO POWER CO. (PRELIM. ~ FINAL PLAT) U.S. WEST (PRELIM. 8: FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. ~ FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES ~ / ~ ~ ` OTHER: "TT~f 7 YOUR CONCISE REMARKS: hil e r. r .g~/ 1~ i 2 F_ W i L L. al o f h ~a d,Q _ ~ ~ r^d L ~u...« w i G` '~ ~ s ~ Zo w Q . 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 CENTRAL CEN"1~AL DISTRICT HEALTH DEPAI~TPfENT •• DISTRICT Environmental Health Division ^ Boise DEPARTMENT ^ Eagle ~ MAY 0 5 1997 ^ Garden city Rezone # ~~ ~~/jS ~-~- ~ ~ _ _ _ _ ~C Meridian Conditional Use # ^ Kuna Preliminary /Final /Short Plat ^ ACZ ~~l ~ ~ 1~~'/~ laic vJ ^ 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: .~] 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. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I3. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 15. ~S'/ o2~i can-i~~2 /~n~ - o r-F ~'f~yv ~~ ~~o !n/ / ~/ ~ /- Date: ~_ / ~ / `1 7 (~~-S ' ~ ~~Jh'C-E ~t3t i=orze CIS Cl-l-~G/~/(•- ~ Reviewed By: Tf~ Su6J'~a~~C . Review Sheet CDHD 10191 rcb, nv. I/9S C7 • GEC V ~~ Ep ~~ ' ~ 0 2 1997 CITY OF MERIDIAN '1'laos~ea & ~?2e~cidia,~ ~Izz~igattast Dca.~cict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 29 April 997 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 City of Meridian Boise 345-2431 33 East /daho Meridian, /D 83642 RE: Rezone for Multi-tenant Retail Center at 519 E. Fairview Avenue -Roger Michener Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the rezone for the above referenced project. Sincerely, Bil~Henson~r, Asst. Water Su erintendent p NAMPA & MERIDIAN lRR/GATION D/STR/CT BH: d/n cc: Fi/e -Shop Fife -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 HUB OF TREASURE VALLEY • WILLIAM G. BERG, JR., City Cleric 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 PATH A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Pollce Chief WAYNE G. CROOKSTON, JR., Attorney 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/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 GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING 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: Mav f. 1997 TRANSMITTAL DATE: 4/18/97 HEARING DATE: 5/13/97 REQUEST: Annlication for Rezone of 1 4 Acres from R-8 to C G at 519E Fairview Avenue BY: Roger Michener LOCATION OF PROPERTY OR PROJECT: NE 1/4 NW 1/4 Section 7, T 3N, R 1E B M Ada County. Idaho JIM JOHNSON, P/Z MALCOLM MACCOY, P2 RON MANNING, P/Z GREG OSLUND, P/Z KEITH BORUP, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, CIC 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. 8r 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. 8r FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. 8r FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: c~ 7 !AN ~~QOVe r~u~ tr. P.O. Box 155 • Meridian, ID 83680 Loren D. Ross, Owner/Manager 888-5694 or 888-6668 RE: Public Hearing, May 13, 1997 TO: Members, Planning and Zoning Commission MAY 1 Z '~~7 I am Loren D. Ross, owner of the adjacent property to the west of the proposed project located at 519 E. Fairview Avenue. My property includes a 12,000 sq. ft. commercial building (405/407 E. Fairview) that is in part currently occupied by New Horizons Child Care, Idaho, Inc. and Elm Grove Trailer Park, a 40 unit mobile home park. I wish to go on record with the following concerns in which the above proposed project may impact my property: 1. Noise. I would request that noise levels be kept within an acceptable decibel level to continue with the same "business as usual" that New Horizons Child Care is currently experiencing. Equally, if not of more concern, is the impact on the occupants within Elm Grove Trailer Park. The proposed project will be within very close proximity to the mobile home community. 2. Sight. Early morning and late night lights from customers, employees, and delivery trucks, specifically parking/freight area behind the proposed project, would shine directly into the mobile homes within Elm Grove Trailer Park. This is not acceptable. I would request a sound & sight barrier in the form of a pumice block wall, minimum height of 6 feet, accompanied with landscaping to soften/eliminate activity that may negatively impact my property. At a minimum, the wall needs to commence at the rear of my commercial building (New Horizons Child Care) and continue south for the duration of the project. At that point, the wall needs to continue eastward the width of the proposed project. Priority should be given to construction of the sound and sight barrier prior to building construction to eliminate all of the above mentioned concerns as well as blowing dust and debris during the construction phase. Page 1 of 2 Na »02 Al1~HUR THOMPSON • Sl. GHARI ES. IL 601 ]a • • The above is not an attempt to place undue hardship on the proposed project, but is felt necessary to protect my property and the tenants of F1m Grove Trailer Park and New Horizons Child Care. In conclusion, I welcome the proposed project with the above concerns properly addressed by the members of this commission and the owners of the proposed project. However, if decisions, or the lack thereof, made by members of this commission or the owners of the proposed project should result in a negative impact and/or loss of revenues to Elm Grove Trailer Park and my commercial building at 405/407 E. Fairview (currently New Horizons Child Care), this may result in litigation to remedy the problem. Thank you, ~,~ ~_ ~i Loren D. Ross Page 2 of 2 Elm Grove Trailer Park PO Box 155 Meridian 1D 83680 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 2 day of ~~~~~~~ , 199 7 ROLL CALL COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) (INITIAL) -- APPROVED VOTED VOTED VOTED VOTED 0 VOTED DISAPPROVED. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Meridian Planning & Zonir~ommission July 8, 1997 Page 4 MacCoy: Second Johnson: Motion and a second to approve that recommendation to the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE OF 1.4 ACRES FROM R-8 TO C-G BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: Johnson: Any discussion, corrections, comments regarding these findings of fact as prepared? Do we have a motion? Smith: Mr. Chairman, I make a motion that the Planning and Zoning Commission of the City of Meridian hereby adopts- and. approves these findings of fact and conclusions of law. MacCoy: Second Johnson: It is moved and seconded that we approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Borup -Yea, Smith -Yea, MacCoy -Yea, Manning -Absent MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? Smith: Mr. Chairman, the Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for the zoning amendment requested under the conditions set forth in these findings of fact and conclusions of law. Including that the applicant or its successors, interests, assigns, heirs, executors or personal representatives enter into a development agreement and that the property only be developed under the conditional use process. That if the applicant is not agreeable with these findings of fact and conclusions of law and is not agreeable with entering into a development agreement and that the property only be developed under the conditional use process the application for the zoning amendment should be denied. MacCoy:. Second Johnson: Moved and seconded we pass that recommendation onto City Council as read by Commissioner Smith, all those in favor? Opposed? Meridian Planning & Zonir~ommission July 8, 1997 Page 5 MOTION CARRIED: All Yea ITEM #4: PUBLIC HEARING CONTINUED FROM JUNE 10, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR AMULTI-TENANT RETAIL CENTER BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: Johnson: At this time I will reopen or open this public hearing and invite testimony from the audience and those testifying need to be sworn. Would the applicant like to come forward and address the Commission at this time? Lawrence Ross, 1111 South Orchard, Suite 200, Boise, was sworn by the City Attorney. Ross: I was not present at the last meeting but had the opportunity to review the minutes and I guess the rezone portion of the facts and findings. It seemed like one of the major issues we had at the last meeting was what was the building going to look like, what were the components of it. We went out and hired an architect to do a rendering of the property. I think which was submitted, in your package that you were able to review over the weekend. Miscommunication between ourselves and staff was that you needed some more copies of the original site plan. So we made some more copies of that with some dimensions on it and had given those to you. Had a chance to meet with staff today and kind of resolve some of their concerns and I think some of the same concerns you had at the last meeting resolving some of the problems with the dimensions and set backs and everything else with the site plan. I think in all Shari and I kind of reached an agreement on pretty much everything that we need to do to revise that site plan before we submit it to Council for approval. In all I think I agree with everything, all the suggestions. I think there is one issue that I would like to bring before the Commission and that is just the block wall between this commercial development and the trailer park to the rear. That causes us a little bit of complication as far as whether or not we put a block wall in or whether or not we put a 20 foot landscaping buffer in. I would like to put the block wall in but I would like to .cut back that restriction to maybe five or ten feet. In order to be able to have access all the way around a building. We had the opportunity to meet with the fire department today too and they would like to maintain that access all the way around the building. I think we can accommodate everything by putting the block wall in and maybe cutting back on that landscape buffer. We will still have room to put trees in there which can grow up above the block wall and provide an additional buffer up above. If there is a block wall there the adjacent property owner is not going to be able to see or hear what is on the other side of it. So I think, I would like to have the opportunity to get together with Mr. Ross who is the neighbor. and kind of resolve that before the hearing with Council. I think we can work something out to where everybody is happy. Everything else we agree with as far as the comments. Hopefully that rendering gives you an idea of the quality and the nature of the building. We are looking to build a Class A retail building, put Class A tenants in it. We do not know who those tenants are at this time, we have got interest from several parties but nothing signed or committed yet. It is a spec building and it is our nature that we really don't know who is going in there but I think we can, anybody .- '6 MERIDIAN WLANNING 8~ ZONING COMMISSION MEETING: Jul 8 1997 APPLICANT: ROGER MICHENER AGENDA ITEM NUMBER: 3 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE 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 ~1~ JQ ~I~ 0 J'ti ,~'~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: Mav 13,1997 APPLICANT: ROGER MICHENER AGENDA ITEM NUMBER: 8 REQUEST: REZONE OF 1 4 ACRES FROM R-8 TO C-G - 519 E. FAIRVIEW AVE 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 "REVIEWED" SEE ATTACHED COMMENTS ~' v ~( G '1 o~ ~1 ~'v ~~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian.