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Home My WebLink AboutMichener, Roger CUPWILLIAM 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 MEh~BF17R A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z G06~A~IS ION Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 JIM JOHNSON, Chairman Motor Vehicle/Drivers License (208) 888-4443 GREG OSLUND MALCOLM MACCOY ROBERT D. CORRIE KEITH BORUP 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 Gity Hall, Attn: Will Berg, City Clerk by:_ Mav 6. 1997 TRANSMITTAL DATE: 4/18/97 HEARING DATE: 5/13/97 REQIIEST:~plication for Conditional Use Permit for Multi Tenant Retail Center on 1 4 Acres at 519 Fairview Avenue BY: er 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, P/Z RON MANNING, P2 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. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. 8 FINAL PLAT) U.S. WEST (PRELIM. 8~ FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8 FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME: Roger Michener PHONE: 336-3202 ADDRESS: 1111 So. Orchard, Suite 200, Boise, ID 83705 GENERAL LOCATION: 519 E. Fairview Avenue, Meridian, ID DESCRIPTION OF PROPOSED CONDITIONAL USE: Multi-Tenant retail center. ZONING CLASSIFICATION: c-G PLAN: A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading areas, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs and yards (submit 35 copies). I certify that the information contained herein is true and correct. C~ Signatur of Applicant Soaa1 Security Number 519-44•-8976 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _ m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at ,LOT SUBDIVISION, BLOCK TO CONDITIONAL USE APPLICATION 1. APPLICANT: Roger Michener 1111 So. Orchard, Suite 200 Boise, ID 83705 Telephone: (208) 336-3202 Fax: (208) 336-3558 2. OWNER: Robert G. and Patricia A. Jacobsen 204 Sunrise Rim Road Nampa, ID 83686 Telephone: (208) 467-2507 3. Legal Description -See attached. 4. See attached Affidavit of Legal Interest and copy of Warranty Deed. 5. Description of Existing Use: NONE, bare ground. 6. Present Use: NONE, bare ground. 7. Proposed Use: Multi-tenant retail project. 8. Present Zoning: R8 9. Vicinity Map: See attached. 10. Presently bare ground and amulti-tenant retail project would conform to surrounding area. (Only 3 blocks east of Cherry Plaza.) 11. See attached. 12. Fee - $275.00 + ($1.42 x 12) $17.04 = $292.04 13,14,15: STATEMENT OF APPLICANT: Applicant or user of property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industry. Applicant states that he has read the contents of application and verifies that the information contained therein is true and correct to the best of his knowledge. Applicant also states that the property will be posted one (1) week before the hearing stating that he has applied for a Conditional Use Permit and Rezone of Property. Dated this day of April, 1997. Roger Michener SUBSCRIBED AND SWORN to before me the day and year first above written. Notary Public for Idaho Residing at My commission ezpires: rJ•(>.~ ~ • • J-U-B ENGINEERS, Inc ENGINEERS • SURVEYORS • PLANNER; J' 212 Tenth Avenue Soutt Project: 10562-01 Nampa, ID 83651 Date: March 27, 1997 208/467-525 FAX: 208/467-6631 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 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 tine 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; 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. Engineers Surveyors Planners Project: 10562 Date: March 27, 1997 DESCRIPTION FOR LLOYD LUMBER COMPANY PARCELI SUBJECT T0: Existing rights-of-way and easements of record and/or appearing on said above described parcel. Prepared by: J-U-B ENGIa ER ,'Inc. ~~~.'~'`~J ~ ~~~~1~~4 ~~~ftris A. `~` Dennis A. King, P.L.S. 10562\legaldes\parcell.doc ~i ~~ rJ•~J•B~ • ~~ Project: 10562-01 Date: March 27, 1997 • J-U-B ENGINEERS, Inc. ENGINEERS•SURVEYORS•PLANNERS 212 Tenth Avenue South Nampa, ID 83651 208/467-5252 FAX: 208/467-6631 DESCRIPTION FOR LLOYD LUMBER COMPANY INGRESS/EGRESS EASEMENT IN THE NE 1 /4 NW 1 /4, SECTION 7, T.3N., R.1E., B.M., ADA COUNTY, IDAHO 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 line 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\legaldes\ing-egrs.doc J-U-B ENGINEERS, Dennis A. P.L.S. Prepared by: AF~AVIT OF LEGAL INTE~ST STATE OF IDAHO ) ss GOUNTY OF ADA I• Robert G. Jscc~bsen 204 Sunrise Rim Raad (Dame} (address) Nampa Idaho being fkst duly iwvm upon • oath, depose and say: (city) (state) 1. That I am the r'e~rd owner of the property described on the attached, and I grant nay pertnisslon to Roger Michaner ~ 1111 50. Qrchard #200, Boise, ID 83705 (name) (address) to submit the accotti~panying appiieation pertaining to that property. Meridian 2. I agree to indema~-, defend sad bold ~iee City and its employees harmless from any claim of Labllfty resulting from any dispute as to the statements contained harein or as to the ownrrship of tlsr property which is the subject of the application. Gated this ~ •~i%' ~y of _ Aril . 19 97 ~~718ARLilIC/ SUBSCRIBED AND SCORN to before tDe the day and year first above written. ~ Notary Public for Idaho ' Residing at .'/ ~ />1 My Commission Expires: ~ - ~ '~. ~ C- c~ vticu ~aR~ .~.. .,r. ... ,.. ....-~...+........i+-+.-~'a... Jr.~.:.1'.a ~- ...~..I~ -'ts s't , ta~"~""...~_~. ~ ,~~`~'3 y'~ ~?,~:~ i~ .'$t`~rri ~i. . ~ • WARRANTY DE;'D FOil Vr'1LUi I.ECLIVED, LLOYD LUMBER COMPAD?Y, INC. , the Grantor, doer hereby grant, bargain, sell ttnd convey unto ROBERT G. JILCOLSEN and PIITRZCIA A. JACOF3SEN, hug sand and wife, t;le Grantees, whose addreec:~ is 20: Sunrise Rim Road, Nampa, Idaho 83686, the foll~nving ~l~~scribed premises, inch-:ding any homestead claim purr_:u~a:~h ~:o tic I~,ialic7 EIo-n~:stcad Lr.~w, ~:daho Coc.1c, Scct.io:: 55- 1.001, The real property describ:d in Exhibit "~" which exhibit is attached hereto and made a i part hereof. SJ3JECT TO United States :,-;tent restrictio.^.s l a;,r/or State of Idaho deed restrictions; `~li,'3"is'C;':~' TO .ill taxes and ,~asessments for t e y~=sir :994 and all subseque: t years; SJ~J:;CT TG any easements c-. rights-of-way o~ a recorc :end/or usage. - Tn ?iAVi~ AND TO BOLD th~• said premises, with their '' apr;nrt-+~nanco:~, unto the said Grants •;;, their heirs rind ar.;sign; , ,~ t=or.;wc;r. llnd t:he Grantor does hereb_Y covenant to arc with the sa~.d ;; Grar.te^s that it is tt:e owner in fee ~imp:~e of said oremzses; ~h%t _ .. . :~~~-i-~-: prernisc~s are free from all encu ~brances save a::c. except as . ~ ' f ~~ G C •J i! ~ ~ i';. ,i. .. ~.,. ..'~ fitlir~: ;'1 ~ X1/1 / .. ~ -. '~ .:; .# ; V M ~~ 1 i ~ I ~ '~ ' - ~ ~ :. 1 ~ 11 I 1. , .. ( .. y '*~+.r:,' ~.. '•T^"'FM1",7' r, S^ ....;w.~ . .. ~,.~•y~.,wr..-,'p..n+",,!i..!..+v.+etn+±e......... . ~ + - -~ -•..- -, . .._.. - ..~......... ..~.....~. .. .... ... .., ... .... ....-..... ~ ....-... ....e~.~.. rr...a .... i..... .-x. ......~.1 ......--. J ..... ..~..-..... ....... .. . - . - -~ _ ~~ _ t _ ~-~ ~~ S~~ 4~ `t • ~' ... _ t • • ~ - ; t rr .~~v~V V V y t.• ., ' ~ . _ .. -~ ~ v _, - ' . .. .... ,.., • r ... .... ... ._ ~ V -above set forth; and that it will war:-ant•-sand defend the same from all l~livful claims whatsoever.... DATF,D this 30th day of Jurc, 1994. LI~OY SE ANY, INC. B'- eorge ..Jacobsen President ATTEST: Robert G. JSC ' obsen, Secretary/Treaauror (seal) STATE JF ID_i1H0 ) ss Count; of Canyor. ) On this .~ day. of ~7une, 199h, before me, the undersigned, a Notary Public in and for said State, personally npneared George C. Jacobaer. and Robe~•t G. Jacobsen, known to me to be the President and Secretary, rc:spectivoly, of Lloyd Lumber ComPanY, tnc, an Idaho corporation; she 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 affixed my official seal, the day ~~nd year in this. certificate first above written. C. ~~~~~ ~ ~ ~.r+"""''••.., t. Lary Publi for ~ Idaho w~!-~~.~yti'E K•UQ~ •..,' Y es iding at : ~,~ 4, '•,`~~'~. r`y Commiasion~: ~ •~- •v CTA Zy _ ~ P . _s~~j s' "s~~ js~ ~y~G • '~ .+ . S'..' ~'•~•uu~p+++ ~. i' 9- t. E ,, F? r~ ,- D12p a.- ~'``~ -{ ..,..,.,.,. ~. .;K '' '~4 ~ u~~ ~ ~ s., mss; s3.f~.r t ~., v, ~a ~, .~'+ ~, i ~ ~a :t ..... Tract of land situated in thc• North~a3t Quarto: of the Northwest Quarter of Section 7, Township 3 North, Range 1 East, Poise ?,~Yidian. Ada County, Idaho, tno.-e particularly described as failowu; Beginning at the Quarter corner common to Sections G and ~, thence South 83 35'99" West alo;:g the line consmcn to said Sections 6 anti 7 a distance of 390. ~)0 feet; th~.nce South 0 35' 12" W°~t a distance of 47.8 feet t~~ the South right-of-way of Fairview Avenue, being the P.EI+L POI:rI' OF BEGINNING; tY,cr:ce South 0 35' 12" 4~est a distan.~a of 624.06 feet; the..^.~e South 88 50'48" k'est a distance of 239.99 feet; thence North 0 35'05" East a distance of 623.02 feet to the said South right-of-way of Fairview Av?n~:e; thence 1~or~h 88 35'48" East alon'- said South rig'~t-of-way a di=lance of 240.05 feet t~~ the F.EF.L POINT OF I?GINNING. :~r.'~ C; TO ., : ! ~~-:: i ~t ~ n,; or rc corded easements of rights-of-lvay . _ Ir l~~1 r ,~ .,.........----.,.~-_.~..,w~.~..........- , ~, ..._....._ . ~........... _....«.i.ti .......-++.~... i.. •°-+~+,~..+~++~~.~..~-.L.w~ ........, c..~+...-....r3.1-~..... .1 • ~''_~.,...~.' ,~•~~'~: 4n 't•: 1 ~ '~ :, ,M ~; i -: - .r.+Lrwe:ir.:dn aiv... s.......4..w..'a:.V..~+..ifa.i..~....an..w.c.~....w. u..<......r. _ ~ ~ Y• '• "• '~ j'r• • J / - ' •~F' ~ • Z `~, r f' . l .W /~i• _ __ F • ~ .' _ _ _ • r . f • fi . .• •~' ~ , ~•%.: •, •• . % ~~ f • `'~• • ' . 51308336530,: ~ ~ ~ ~ ~ ~ ~~ I I _. ____.._._____ __. ' ~ ' f I R13660f0015 0° I ~ • ~ '• ~ ~ ~ ~ ~ ~ % i % •• ~ . , , o ~07223260•'~ R13660f0013 I :~ ~~/ %•' , . r f j'r f , f j • ~ • •f •~ •• I ~ •; ~ " '~ • ~` ~sgia~~o%•'• / ' • ~~ 1 •' % •• f • R 13660 ~ I 1000 , ~ I. / , /:. ~ ~ % • . . ' SUB. ~/% :f%%~`• `"~ •~ ~$1~107 ' ' %• " 7223160 I 1366010 60~ i . I^' ~ '• ~ / "' ~. ... ; 7'223150 I •• , / • r ~ ~ 1 .•'S1f07i2c F' ~- 1366010 62 ~" ~ S3f07223l._ ~ " `~~ ' . I I s rin~bnan, ~ R13660f0070 1 _ : _ ~.`. _ _ . .•r'~. • PFMR02 Parcei pliB 97 N E ;~ Si1072125~0 Code M A S T Area 03 E R U Type P D AST Qt E gLLI V l ANCE 4/03/97 Kane JACOBSEN ROBERT 6 ~ PATRICIA A 200 y .560 a ue 25900 ACTIVE Data from ?uyer 210 3.000 99300 Master C/0 410 62900 Bank Code Address 204 SUNRISE RIMR~~ 420 421 10900 Lien Code 31400 Prepaid NAMPA IDS L.I.O. &3 686 ~ $32 4 _ Bankrupt , Sub.Code past Cn ange 9;/04/2; by ASR_KINSti Annexation '.+0 Desc. OAK X2;50 OF NE4tiw4 Total 230400 Note.; S~_C 7 "sti iE ~~ ^ TJ4~~o2Jb4 Exem tion p Grp 000 Typ 000 Ap M3N1EOO72550 3N lE 01 Hard ship Property Address 1051'3 E FAiRVIEiV Zoni ng P,-$ F':aa Space Tyke 1 REAL Roll 1 AVE M PRIMARY ERIDIAN v Occ 0 N ID 8364 ON-OCC 2-0000 D,p, =Select F3=Exit . r 1D=Tax Action: ')PF?P02P~~B y7 N E W ~" a l L e i S .- 1 ~) 7 C 1 f~ J 5 ~ o~ e A M A~'~, S T r e a ' J E R U P D A T E A• LIA NCE 4;03/9' Na~^e „ LtAVf`i~ WILLIAM D ~ l tdCILE ~. YPe 200 Qty ) 510 Value 159000 ACTIVE , Data From buyer Master CIO Bank Code Address 24$4 SUNSHINE DR' Lien Code Prepaid BOISE ID.; L.I.D. ,N371~ - 7557 ast C~~an e 94 g I`J2f25 8y ASR LAZEN Total 159000 Desc. PAt r'S ~5 Or- NE4NW4 ;212532-b M)~ti'1E~)~)725~~5 Pro;,?rty Address OOOuO E FAiRVIE;~ apace +Yp? 1 RtA~ F2=Set ect i=E;. ~ t Grp 000 Typ 000 Ap 3N 1E 07 Hardship Zoning R-$ AVE MERIDIAN ID Roil 1 PRIMARY Occ. 0 NON-OCC Fl~)=Tax Bankrupt Sub,Coae Annexation 'NO Notes Exemption Flag D.D. Action: .' • PFMRG2PU6 9l N E W M A S T E R U P D A T Parcel 51107212505 Code Area 03 Type Qt E ALLI V l ANCE 4/03!97 Kane GENTRY MIEN ET U, ~ y 700 3.130 a ue 65760 ACTIVE Data From Buyer Master C/0 Bank Code Address 4595 SHAMROCK ~T lien Cade Prepaid 'BOISE>~ IDS I,I.J. 83113-~-- 2543 Bankrupt ' Sub.Code Last Change : 92/09/22 By ASR IAZEN - _ Annexation 'NO Desc. PAR X2505 OF NE4NW4 Total 65760 Notes SEC 7 3N 1c ~Z12500-B Exemption Grp 600 Typ 000 Ap M3N1E0072505 3N lE 07 Hardship Property Rddress 00000 E FAiRV1EW Zoning R-g Flag Space Type 1 REAL F2=Se~iect F3=Exit Roil 1 PP, IMAP,Y Occ. 0 ID NON-OCC D,D. Action: F10=Tax P~MR02`0' 97 N E W Parcel 51106347199 Code M A S T E Area 03 R U P D A T T E ALLIA NCE 4/03197 Nana ,'JOHANNtSEN ERLIN6~' ype Qty 216 860 Vaiue ACTIVE . 420 1i240G Oata From Buyer 307300 Master C/0 Banr Code Address 2121 StRVICE AV`s Lien Code Prepaid E"ME T'7 ID"~ L.I.D, $3617`' 945y Bankrupt Sub.Code Last Channe 0/00/00 By ; Annexation 'NO Oesc. PAR 47;.99 OF SE4SW4 Totai 419700 Notes SEC 6 3N 1E 48324285 Exemption Grp 000 Typ 000 Ap M3N1E0061199 3N lE 06 Hardship Property Address 00704 E FAiRUiEW Zoning C-G Flag Space Type 1 SEAL AV Roli i PP,I E MERIDIAN MARY Occ G N ID 83642 ON-000 -0000 D.D, F2°5eiect F3==xit . Action; F 10=Tax ,' . • PFMUu Parcel -~'u8 97 N E B M S1tu6347~J50 Code Area A S T E R G3 U P D A T E ALLI ANCE 4/G3/97 Nave EAST VAILtY DEVELOPMENT Type CO INyC 19G Qty 120 Ualue ACTIVE , Data Fron 8~.,y?; 21G .470 61500 Master C/0 8ank Code A~:,dress 52i E 63RD ST Lien Code Prepaid MEkIDIAPa Ia L.I.D. 8=3642.' - OOGG Bankrupt , Suo.Code t, p -CSt Cflallpe . 95/12/~~1 ~iy AJR DIXI E - Annexation `ti0 Desc. PAk', F7u5G OF SE4Sw~ ~ Total 6i5G0 Notes iE =C 3 u - 7 T:' 4U~'+~.i! b ~~'~-~"~p l 1 oil Grp G00 1yp OGO Ap IM:;N:E~J~J6~iJ'3U 3N lE G6 Har dship Address lJJ(i00 BARBAkA Zon D R inj C-G F~aq Space ~ Type 1 a?~AL P,o I 1i 1 PP.IMA%Y MtRiDiAN Occ. G N ID 8364 ON-000 2-GOOD D.D. ~2=Se ~e ct 3=Exit Action; F 10=Tax P~~*I~j~JI parcel ~~~; 97 IN E~ M A Siiii63469';O Cod A S T E ~2 U P D A i E ALLIANCE 4 ~ /G3/9~ Name e rea JAC~SONS F000 SiO~?ES INS G~ Type 2i0 Qty SuG Value ACiiUE . 1i2GO Data rrocl B;.,ye; 42O 376600 Master C/0 8ank Code Address p0 BOX 4$$ Lien Code Prepaid MEKiDiAN ID> L.I.D. 836$0 ~ G488 Bankrupt Sub.Code past Charge 95105/.5 By ASR2 MOiJSE - Annexation `NO D e s c. i. ~1 `` P A R 7 h ,} ~~ U i J L 4 J Y! 4 Total 447800 Notes S=v~ 6 31~ lE ~95iJ27?3~y Exemption Grp 000 Typ GGO Ap p'~ T J ~:~ 1 L ~~ ~J o 6 ~~ L G J N 1 G6 Hard ship op<'rty Address U~J4l~ E FAiRUiEW Zoni AVE M nj C-G ERID'tAN F-aj S^ace p iype 1 JEAN R ol l Y 1 pRIMA3 Occ 0 NU ID 8364 _ N OCC 2-DGOD D.D. A F1 0=Tax ction: •~ • P.MROLPU~ 97 N E W Parcel S11O5346900 Code M A S T E P, U P D A T Area O3 ~ E ALLI ANCE 4/03/91 ya~~e MARKER KENNETH 0 Type Qty 210 76U Value ACTIVE . 125000 Data Fron Buyer 420 103100 Master C/p Bank Code A~~dress 400 E FAIRVIEW R1E Lien Code Pre~'ai d MERIikiA~`' 10 L. i.D. tl:3 642 - 1738 Bankrupt Sub,Code Last Ch ange 9t/02/21 By ASR KiNSH - Annexation `NC Desc, BAR ~5"00 OF SE4SWa Total 228100 Notes SEC 6 3~a iE YS'50;4584 Exemption Grp 000 Typ OOO Ap M3iv1EF0669U0 3N 1E 06 Hardship Propert Address y 00400 E FAIRViEW Zoninq C-G Flaq Space Type i REAL AVE MERIDIAN Roll 1 PRIMARY O 0 ID $364 2-ODOO D,D. F2=Se•~ect rr-3=Exit cc. MGPd-OCC Action: F10=iax PFMR02PU8 97 N E W M A S T E R U P D A T Parcel S1106~45834 COGe Area 03 T e t E ALLIA NCE 4 /GJ/47 Hare i.UBE-IT INC-~ yp Q y 2i0 .~lO Value 70000 ACTIVE Data Fron 8iayer 4~0 261300 Master C{p Baru Cade Address 4a.2Q OVERL~ND::RO STE 319- Lien Code Prepaid BOISE `I"D'r L.i.D. 8~I 05~- 2816 8ankr~!pt Sub.Code W3 Last Cha nge : 93/i2i2S 8y : ASR PALMER - Annexation 'NO Desc. PAR 5 r,:~4 OF SE4SWd Tota~ 331300 Notes SEC 6 3~I . - t_ x:;4580-S Exer~ption ~~s3~471 Grp 000 Typ 000 Ap P M3N1E0066834 3N lE O6 Hardship roperty Address 0050 E FAiRUiEW Zoning C-G AVE MERIDIAN F;aq Space F:=~e•ec 'ype i REA,_ t F~=E i Rol" i PRIMARY Occ. 0 N ~ ID 8364 ON-OCC 2-ROOD D.D, Action: x t F 1O=Tax I ~''~'~'u2 Parczi ~~L' 91 N E W .ti A S T E R U P O A.T 5iio63468~2 C E ALLIA NCE 4/03/y7 Na~;e oce Area 03 T J ;v DrVELO~f~ENT CO TyQe QtY 2iu Value ACTIVE 1.290 :29206 Data Fron 3,~y 420 583600 Master Clo Bans Cocz Aec~ ess ?23 W 4T;~; 5 ~ ien Coae Pre?;ic i1ANrDkB _•~.D, 132'3'-0~TM- 5026 Sub,Coca _ast t:n an~e ~3I0ii_'2 By ASS ~A' EN _ - ~ Annzxation "~±0 UeSI C_ PAY 7Fv., ~ Iji St 4J144 Total 712800 Notes 1 ~ ~ ~ _ 4 ~~ _ J `t 'J V J U U Exe:~p L ~ on crp a~~a Typ oua ap k N1_U~?C,v:2 N 1_ 06 - ~aresh~ ~a ~raaer•y Andress Ou:;.0 ~ ~ ; V;E~ A ~ =oning C-G AVE i~IER i p i AN ~ ag i D 8364?-0000 ,~,~ar• z 2=S , _ 'Y~e 1 ~~;_A~_ ,~oi1 i ? BINARY occ. 0 NON-OCC D.D. Action z ect ~ ~=Exi~ `i0=T : ax Farce, 5?. U6 °~66~~ U P D A- + - .. T A'_~.AN C_ X173/9? %072 . Cone Area O3 hAiRV TE ' Typz Qt Y Va++Je ACTIVE .t~Y kRAC: L `~' 210 23'8-'O 2380010 Dat ^ B~.,ye, 420 2208300 a o Master Cio Banx Codz Ar:crsss i?i7 W fOOTt1iLL BLVD STt 226 Lien Coat PreAaic UPLAND C'~' L.i.D, Bankrupt 9118 - 3n?3 Sub.Codz _ast Cna n;e S'~i~iiio~ dy ASR2 CoMB~ - Annexation "Np Total 2486300 Notes 7yrj;juJ1~0 ~xerintion Grp 000 Typ 000 Ap V .:' i4 i l~ lj ^~ r ~ - .._,~_ ~N _~ 06 hareshi ~ ~~ ~ V Acre>s ,:1 t,, 0 ~ ~ AiRV,Ew A LOn i;~6 ~-$ Ut i r ~ ay S ac: _ rae R~AI ? MERiDiAN iD 83642 -o0O1:; ).D. ~=~e ec _ + o rR ~= x i~iARY Occ. ii N ON-OCC A_tion: _ _ .~ ` i0=Tax .. ~ • Pr'~R01PUg 97 N E W Parcel Sii072i2705 Code M A S T E R U P D A,T Area 03 E ALLI ANCE 4/03/97 Nane ELM GP,OVE TRAILER Type Qty PARK ET At 210 7.800 Value 420804 A E Oata fron 8uye~ 420 329100 Master C/0 421 113700 Bank Code Address PO 8GX 18:'5 422 243000 lien Code Pr2Paid MERIDIAN I~ I.I.D. 83b84~:`- 0155 Bankrupt * Sub.Code last C~~ ar;e 95/10/21 By ASR DIXIE - - Annexation *NO Desc. PAR ~7)u5 Or NE4Nr~4 Total 1066600 Notes tXC RD P,%W StC 1 3"i lE Exe~~ption X212700-8 Grp 000 Typ 000 Ap M~NiED0727u5 3N 1E 07 Hardship Property Address 00407 E FRiRViE~v Zoning R-8 AVE MERIDIAN Cia~1 ID $3642-4400 Space Type 1 REA .2=Se ect fJ ~X t Roli 1 PRIMARY Occ. 4 NON-OCC D.D. Action: , , F - 10 Tax Pf'"ROLPJS 97 N t' ~ Parcel Sii072i2545 Code M A S T E R U P D A T Area 03 Type Qt E ALLIA V l NCE 4j03/91 Na~rie JACOBSEN R08t"P,T G ~ y PATRICIA'wA 200 030 a ue 300 ACTIVE . Data Fron Buyer Master C/D 8ank Code Andress 2114 SUNRISE RIM ROar lien Code PrePa io NAMPA IR i-.I.D. 8'3 6b6:- 8324 Bankrupt Sub.Cade past Cha nge 96I06/i7 8y ASR KINSH - Annexation *NC Desc. PAR ~~ Y~54;, Or NE4NW4 Total 300 Notes tXC P,0 RIW SEC 7 3~~ lr Exenptian #54062:iS4 Grp 000 Typ 000 Ap 03.+01E072545 3N 1E 07 Hardship Property Address 00000 E t-Ai~ViEW Zoning R1 flag Space ~Yi~e i READ AVE MERIDIAN Roll i PP,I~'~ARY Occ 0 N ID ON-000 D.D. f2=5elec t f3=Exit. . Action: F 10=Tax ITY OF MERIDIAN "Hub of 7Yeaeure Va~" 33 E. Idaho Meridian, Idaho 83642 888-4433 wnlcr a Order No. Date '~C'~<<- ~ 19 ~7 Name ~ ~ ~? ~„~ L I-~ ~N Address S. ~'~~'t-j,~t' 7 ZC.Q 2 F~i~ lS L 1 c~ ~ Phone: SOLD BY CASH C.O.D. CHA GE ON ACCT. MDSE. RETD. PAID OUT K`~" t ~3 I I I~~ P ~' 1{ I~ ~. l ~( i, ~Z ;=c~ + a~T rtr~wN-. 1 7 ICS i I i i All claims and returned goods MUST be accompanied by this bill. 0 0 7 4 4 8 TAX y Received By TOTAL 7Z y i C Sj ~~.va ~ PRINTED IN U.S.A, ~(...~,~ n JJ(Iry/UnAJ,,,VIK/V ~.U ROGER MICHENER l O 3 t BARBARA MICHENER U 1111 S. ORCHARD, SUITE 200 DATE / '~Q '~Q~ 92-155/1241 BOISE, ID 83705 PAY TO THE t ~ ~ 7 ORDER OF !.. ~ O DOLLARS 0 ~-, PC ~ ~ /\ Key Bank of Itlaho ~ t`/}.~,\. Cavitolcemeronlce $00000724 - (j~ ~~ P.O. Box 2800 ~WJ 9olse, Itlano tl9701 1-800-878-ra791 o ~~ _ _ ___ ' _ _ __ MEMO SIGNATURE `!~~ - __-__ ~: L 24 l0 i 5 5 5:800000 7 2411' 88 .i-• ; Meridian City Council September 2, 1997 Page 30 ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A MULTI-TENANT RETAIL CENTER BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: Corrie: At this time I will open the public hearing and ask the representative to once again come forward. Lawrence. Ross, 1684 E. Braymere, Boise, was sworn by the City Attorney. Ross: I don't think I have anything additional to add that I didn't say in the last public hearing. Corrie: Any questions? Thank you, is there anyone from the audience that would like to issue testimony at this time on the subject of the request for a conditiona! use permit? Hearing none, Council discussion? Morrow: Question for Shari and Gary, do you have anything further to add with respect to the conditional use permit? Stiles: No I don't Corrie: At this point I will close the public hearing. Morrow. Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as prepared for us by P & Z. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to have the approval of the findings of fact and conclusions of faw as prepared for us by the Planning and Zoning, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma - Yea MOTION CARRIED: AIi Yea Corrie: Decision? Morrow. Mr. Mayor, the City Council of the City of Meridian is to approve the conditional use permit requested by the applicant for the property described in the application v~ith the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. ..~ Meridian City Council September 2, 1997 Page 31 Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree for the decision as read, all those in favor? Bentley: I have a question for the Counselor, do we have to wait for the approval of the ordinance? Crookston: We don't have to because the property is already annexed. Corrie: Any further discussion? .All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE 20 FOOT LANDSCAPE SETBACK BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: Corrie: At this time I will open the public hearing and invite the representative again. Lawrence Ross, 1684 E. Braymere, Boise, was sworn by the City Attomey. Ross: One issue of order, I don't know how we plan on resolving, .is we are also item #16 on the list, 1 don't know if we want to go right into that after this one. But I have kind of stated. the importance of the variance. as far as fire codes and everything else earlier and I don't want to waste anybody else's time by restating it so I have nothing further to say. Corrie: Does the public want to issue testimony on this variance? Shari do you want (inaudible) Council? I will close the public hearing, Council decision? Morrow. Mr. Mayor, I would move that we instruct the City Attomey to prepare findings of fact and conclusions of law for the variance to the 20 foot landscape setback by Roger Michener at 519 E. Fairview Avenue. Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to have the atomey draw up the findings of fact and conclusions of law for the variance. Any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Come: Council do you want to drop to item 16 and take the fate comers agreement? Morrow. I don't have an objection Mr. Mayor. MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 2.1997 APPLICANT: ROGER MICHENER ITEM NUMBER: ~' REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AMULTI-TENANT RETAIL CENTER 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 ~ 7-8-97 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" 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: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~ I ~' c SEE ATTACHED COMM ~T~ ~, } ~ ~ .~ ~'" I ~~ YpJ{ iti~ P o,~ r ~„~P f~~~~- ~~~, OTHER: All Materials presented at public meetings shall become properly of the City of Meridian. • (~ 1R Meridian Planning & Zo~ Commission 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 concems 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. 1 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. 1 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 ,~ ~ 4 • Meridian Planning & Zo~ Commission July 8, 1997 Page 6 that is not approved under the CG zoning that was just approved or just recommended for approval that is a more obnoxious type- use will require conditional use and additional permission anyway. That is really all I have to say. Johnson: Thank you ,questions from the Commissioners? MacCoy: I have got some, looking at your rendering I was, that was very helpful to have that. What kind of metal siding is that? Ross: It is not metal siding actually, what we propose is an (inaudible) on either a steel or a wood frame. We have yet to put together the numbers to see which is the best and most economical substructure to put it on. We have gone with an (inaudible) exterior, the center of the building is about 18 feet in height and then it drops down to about 16 and then probably to about 15 or 14 on the back. That is required to give us enough height so we can -have it slope all the way to the rear of the building. It also does a good job as far as covering the heating and cooling units that will be on it. f think it provides a good look, a good modem strip retail type look, it kind of breaks it up a little bit. MacCoy: (Inaudible) modified Egyptian type look. Ross: The color scheme I am not sure I'm exactly a big fan of. But that is kind of giving the architect a chance to name colors and I told him to keep it to the 8 crayons that I see in my crayon box. Johnson: What is EFACE an acronym for? Ross: (Inaudible) EFACE is the common name fora (Inaudible) system. Johnson: I noticed there are periods after it, it has to be an acronym so I just wondered what it was. Smith: It is exterior insulated finish something. Johnson: Any other questions? MacCoy: You don't show any exterior lighting on the building phase, you didn't plan to put anything on there? Ross: Well it was just a general rendering of the building. MacCoy: Well then let's go back to the beginning, do you plan to put Ross: There will be exterior fighting and we will do whatever we can to minimize that as far as neighbors and everything else goes. I am not exactly sure, I hoped the building r 4 Meridian Planning & Zo~j Commission July 8, 1997 Page 7 department would take care of reviewing our plans and making sure it is in the City's best interest of what we plan to do. I would anticipate probably having some type of building lighting on the building itself and some either out in front some street light or something coming from the building that eliminates that area only.. 1 think we will take special care on the rear of the building as far as making sure we don't have a lighting problem with the trailer houses behind. That is really the only area I think we are going to have an effect with the neighbors is the residential trailer houses and I think that will be easily accomplished with either some trees and the block wall and directional lighting kind of (inaudible). MacCoy: Is he not planning on doing a lighting wash on your building phase which wouldn't be bad. Ross: It v~rould dress it up and probably make it look pretty good, I haven't even considered that yet. MacCoy: You have met with the staff so you know about the sign ordinance. Ross: We probably plan on putting a sign up and we will review that process through the City channels to do that. MacCoy: A comment on your. handicapped parking, you show two stalls and you show one island in there. I would like to suggest that you have an island for both of those cars because a lot of the vans now a day have side entry for wheel chairs. You may take care of one of them but the other one then is stuck. We will give you credit for at least putting in the (inaudible) that way they don't have to cross over the traffic run to get, believe it or not I have seen it happen even locally in Boise where they have gone ahead and met the requirements but they put the handicapped someplace else and the poor guy has to get in his wheelchair and cross over the main driveway. If he doesn't get hit he might make it to the building. Ross: One thing I will note is we are going to revise the parking in the back of that property as far as the site plan goes and pull them into the building and back away from the building so they are more perpendicular. That should take us up to well over 60 some parking spaces on the building which is well in excess of the City requirements. So we will have room to adjust that parking in the front to accommodate two handicapped spaces and we can easily adjust it so we will have two alleys to get in and out. MacCoy: Your loading zone in the back is that, is there a curb there that prevents somebody driving into your building? Ross: With this EFICE exterior it is a real durable product unless you put it next to traffic. The design hasn't been final yet but I would do whatever I could to keep a probably a five foot curb, high curb away from the parking so that you people couldn't i ~ ~ Meridian Planning & Zd~j Commission July 8, 1997 Page 8 get in there and damage it. I don't know exactly what we are going to end up because we have some adjustments coming all the way back as far as our parking and- setbacks and everything else that the staff level report had kind of said that we need to accommodate into our site plan. I am not sure what distance that is going to be but we are going to do what we can to keep the parking away from the building and still give people access to those back doors. MacCoy: Where is your trash enclosure? Ross: It is not on the site plan at this time and we (inaudible). We really haven't with redoing the parking lot we are going to end up with additional space as far as where we can put it. Like the report said we will meet with the utility that takes care of the trash and figure out what works for them. We will have that all as part of our final submission with the building department and probably even for the City commission. We should have a complete new site plan done by then incorporating all of the changes. I apologize for not having it to you now we kept submitting the old site plan thinking you wanted more copies of it instead of new ones. That is our mistake. MacCoy: That is all I have Johnson: Anyone else? Smith: Yes, you say you are reconfigure the parking in the back. Does that mean that loading zone is going to go away then? Ross: Well a little bit of that will determine on the exact tenant base too. A lot of those back doors depend specifically on use as far 'as the tenants what type of goods are gong to be retailing out of there. So f think what we might do is set up some type of two unloading areas that are specifically reserved for unloading. Then kind of a sidewalk system so they can wheel in what they need to. Maybe in the center of the building would be my initial suggestion. Smith: I am having trouble seeing how you are going to lay this parking out straight and the spaces out more like a 90 degree and still be able to, you are not going to have room to keep that loading zone in there. Ross: We will still be able to keep about 5 to 6 feet of sidewalk in there won't we? Smith: I don't know what the dimensions are. Ross: We were looking it today and I think we can fit everything on there that we needed to. It is a little tight but if push comes to shove we might have to cut the building down a couple feet or something. That is really the only place we have got left to give. i y Meridian Planning & Zo~j Commission July 8, 1997 Page 9 Smith: The rendering depicts concrete all the way around the building, your site plan shows the sidewalk at the rear and the front of the building terminating at the ends of the building. What is your intention? Ross: There is a little discrepancy, we kind of had the rendering done after we had the site plan done and haven't had the site plan revised yet to incorporate this type of building element. I would like to keep as much sidewalk around the building as possible. The EFICE type material works good as long as it doesn't come in constant contact with water. If you can provide a sidewalk buffer between the building and your landscaping you are in better shape. Smith: I was just looking at the side that is adjacent to the Child care center and it is too tight over there really to put any landscaping along the building. It would be nice if you could even put in some trees wells or some planters along that drive on the east side of the building and maintain some kind of softening so it doesn't look like this building is floating of sea of asphalt. Ross: Are you looking at the site plan, we will have a five foot landscape strip along there. We have talked a little bit about converting that to a one way street which the fire department seemed like they would approve. We could cut that down to 20 feet then and provide maybe a little bit more landscape buffer. What is the driveway width now I think it is 24 or 23. I think it is 27 total and there is five foot, probably another foot on the building., I would like to keep that traffic again as far away from that one edge of the building as possible with some sort of (inaudible). Smith: The west side is too tight but this side over here Ross: tf we down size that to one way we will have a little bit more room to work with too. Smith: If my memory is correct, the driveway jogs in and at an angle here because it was supposed to align with the Jackson's food mart across the street. Ross: That caused us to lose a little bit of parking and it really affects the functionality of the property a little bit too. Because you take about that whole front corner just completely off of it just to align that curb. Smith: I am sorry I didn't catch how tall the building is? Ross: About 18 feet I the center and probably drops down 16 feet on that comer and then 15 to 14 feet on that back edge. That provides adequate slope from the front to the back of the building so we can have a sloped roof which I prefer to put on my properties. Smith: And the corners should just be built up the (inaudible) t Meridian Planning & Zo~j Commission July 8, 1997 Page 10 Ross: And that is also provide a good screen for heating and cooling. Smith: You guys are going to closely scrutinize and select a good color palate here? Ross: Well if you have any suggestions I am open. I would like to lighten the building a little bit just because I think it is too dark and it already looks like it is too brown. This is a little bit, I think what they conceptually plan on and what they have come off their computer that is complete computer aided drawing. So I think there is a little discrepancy there too so we will fine tune those a little bit. Smith: The last question is about that storefront, you are not proposing a reflective glass? Ross: No, I want something people can see through, the retail nature of the building would imply that. Plus we have the north face where it is really not has imperative to have that (inaudible) type finish on it. Smith: I have one more thing too, the landscape strip between the trailer park and your site probably it would be real helpful as a screen if you could get some trees along that strip there. Ross: I would like to move some of them from the front of the building to that back side just to kind of open it up a little more. And maybe position those around there a little bit more, they seem like they are bunched together a little too much to me. Again that was drafted by an architect and not a landscape architect. Hopefully we end up with a better product by the time we are submitting to the City. MacCoy: Just for the future putting in dimensions would be a big help to us. We deal in buildings and can pretty well tell. Ross: We will take that into effect next time, I looked at that myself and started having some problems figuring out what sizes were where. We will take care of that next time. Johnson: Anyone else have any questions? Borup: Just one Mr. Chairman, you said you had already met with staff on the buffering wall along the, I thought you said earlier you were talking about you had mentioned south of the property but you meant along your west property line. Ross: Along the west property edge between really the property we control that is adjacent to the mobile home park where there might be some concern. Borup: So that has been or looks like it will be worked out between wall and buffering and that distance and everything was (inaudible) ! ` ~ . Meridian Planning & Z~g Commission July 8, 1997 Page 11 Ross: Speaking with staff I would like to get together with the adjacent property owner and kind of walk out there and take a look at what is there and what is going to work best to satisfy their needs. It would require a variance to reduce that 20 foot landscape buffer at least my understanding of the ordinance. Hopefully we can do that by putting that block wall in. I have done that in several other properties where we have gone in and put a wall that maybe even put some landscaping on their side of it or something to where we can cut back on that. If you come in there 20 feet it really starts hindering that loop. Borup: It sounded like from last time that the neighbor would probably prefer the wall over a wider separation anyway. Ross: Exactly and that is (inaudible) Borup: The findings we approved just said it would be appropriate buffering, Ross: We can work something out there. I would like to keep from eliminating that circle drive around the building, I think that just makes it a lot more convenient. Especially where we have been limited to one access on Fairview it tends to cause you problems if you drive in and have a bunch of people driving in and tum out to get in and out of it. There is always a second exit it is definitely more beneficial to customers and ultimately to the tenants that are in the building. Johnson: Any questions of staff at this point? Thank. you, this is a public hearing, anyone else like to address the Commission at this time? Loren Ross, 1383 Linderv~rood Drive, Meridian, was sworn by the City Attorney L. Ross: I just want to say that I have a willingness to meet with the project people Mr. Ross and Mr. Michener and discuss these options. I still maintain the comments that you have in hand. I think there is room for some softening on some of my position as to maybe the type of fence going east to west. If we are talking some kind of a berm or landscape buffer maybe we would like to talk in terms of some elevation to that, maybe 5 to 6 feet in height to push maybe lights and sound upward versus going horizontal. Trees and such are good but maturity takes time of that type of thing. Maybe a combination of a lesser fence and a berm or something of nature could be a workable solution. But I do have a willingness to meet with the project people and discuss these issues. Johnson: I appreciate your comments thank you. Any questions of Mr. Ross? Anyone else that would like to come forward? Seeing no one then I will close the public hearing at this time. This is for a conditional use permit which would require findings of fact and conclusions of law. k ,~ ~ Meridian Planning & Zo~ Commission July 8, 1997 Page 12 MacCoy: Mr. Chairman, I move we have the Council prepare findings of fact and conclusions of law for this project, Fairview Business Center. Borup: Second Johnson: Motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 48.7 ACRES. TO R-4 BY WESTPARK CO. - E. OF LOCUST GROVE ROAD, N. OF VICTORY ROAD: Johnson: Is there any discussion regarding these findings of fact that we received today? We need a motion for approval. MacCoy: Mr. Chairman I move that the Meridian Planning and Zoning Commission of the City of Meridian hereby adopt and approves these findings of fact and conclusions. Borup: Second Johnson: Motion and a second to approves these findings of fact and conclusions of law as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, MacCoy -Yea, Smith -Yea, Manning -Absent MOTION CARRIED: All Yea Johnson: Is there a recommendation you would like to make for the City Council at this time? Borup: Mr. Chairman, I move the Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning 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. That if the applicant is not agreeable with these findings of fact and conclusions of law and or is not agreeable with entering into a development agreement the property should not be annexed. Smith: Second Johnson: Motion and a second to pass that recommendation on to the City Council as stated by Commissioner Borup, all those in favor? Opposed? Y ~ t Meridian Planning & Zr~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,all 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. r -- t • Meridian Planning & Zonlhg Commission June 10, 1997 Page 39 (End of Tape) Smith: I can't even begin to act on this plan it is so vague, there is nothing on there that indicates to me what the building is going to look like. I just can't understand why you could come in here and ask for a rezone and a conditional use permit when we don't even know what you are proposing the building to look like. As far as the cost associated with it, that is just part of doing business. And I would think that if you want to come in here and sell us something you would go and use the tools at your disposal to sell us a product. I don't see that here and I don't see anything, this site plan is so vague there are 25 comments by staff requesting additional information, clarification. I can't in good conscious act on this application for a conditional use permit based on the information that has been presented to the information. Michener: I can probably agree to that statement, but my understanding was this was a public hearing for public comment and to review the comments that all the different agencies have put forth. Smith: My comment is what are we supposed to comment on? Michener: Well I could have done a full blown drawing prior to these comments but I just got the comments three days ago. This 1 would have probably had to change the look to meet these comments or say I am going to redo it again and redo it again. We would be happy to meet all of these comments and concerns and draw a schematic to I guess self it to everybody. It is basically going to be a block building with glass front retail building. I am not trying to I guess sell anything or we are not going to make it neon pink. I am sure that I have to meet all of those with the conditional use. I guess it was my understanding this was just a public hearing and we are trying to get through the rezone and to get these comments and understand what everybody's concerns are. Smith: My concern is what does it look like, the colors. What is the landscaping, what don't know any of those answers. what is it built out of, how tall is it, what are is the parking lot, is it asphalt, concrete, I Michener: If that drawing is required for this public hearing then I would have had it prepared. But it really wasn't a request for the public hearing meeting. I have got all of the landscaping requirements drawn and shown to scale and the parking spaces and the access. I redrew it to meet ACHD's needs. Smith: There are no dimensions, there is no notes on here telling what the landscaping is. I am not going to sit here and debate it with you, the information is not here for me to make a decision on whether or not to approve a conditional use permit. Borup: Anyone else? i • l Meridian Planning & Zo~g Commission June 10, 1997 Page 40 Michener: I just have a question, are we jumping to facts and findings and an approval like on 2 and 3? Borup: On the conditional use? Michener: Yes, like 2 and 3 and then 4 and 5. Borup: No, I think that was anticipated, the others were for a time frame. I think it was also anticipated that we needed the comments and information. Michener: I would be happy to prepare that for next time if that is. One quick question, the dates I had from Dean and Shari aren't, I guess you said there are a couple of other meetings or another meeting. I would like to clarify what dates the meetings are and when I need to have the next drawing read. Borup: I think it would be on the agenda it would be the Juty meeting. Michener: I had July 8 for facts and findings, is that not correct? Bourp: Yes, July 8 would be our next schedule meeting. Michener: You said June 19t" for somebody else? Borup: We had a heavy load this month and we needed to have two meetings. Michener: Is there anyway possible that I could get onto that one? Borup: I think that agenda is already prepared. Michener: I guess the other guy got on I was just hoping that I could get it redrawn and prepared to review. It would be the facts and findings on the 19t" instead of the 8t". We are just trying to move a little Borup: We have facts and findings on the rezone for the next meeting for the July meeting, the next regularly scheduled meeting. As far as the conditional use it hasn't been decided yet, no action has been taken yet. Michener: I have just requested that I could be aware of those dates so that I could prepare whatever drawings that you would need before that date. I just had these comments a couple of days ago as far as preparing any additional drawings. Borup: Anyone else from the public wish to testify (Inaudible) Meridian Planning & Z~g Commission • June 10, 1997 Page 41 Fitzgerald: If you want your testimony incorporated into this public hearing yes you should. Loren Ross, 1383 Linderwood Drive, Meridian, was sworn by the City Attorney. Fitzgerald: You can just request that your testimony from your prior public hearing be incorporated herein rather than going through and repeating. Ross: I would request that my prior testimony be incorporated into this particular conditional use permit part of the agenda. Thank you Borup: Anyone else want to offer any testimony? Clarification for Mr. Michener, the next regularly scheduled meeting was the July 8"', the one that we did include in for next week was one that we originally intended to have the findings on tonight that was just doing a brief amendment on them. So that was the only one that was continued I believe for next week. We did have a full schedule of hearings so it would not be possible to get that on the agenda for the second June meeting but you would be on the regular scheduled meeting for July. At which time we would have the findings on the rezone that is to be decided yet. (Inaudible) some discussion among the commissioners, one of our options is to continue the public hearing and ask for the additional information or we can close it and try to develop findings with what information we have at this time. MacCoy: (Inaudible) there is nothing here to make a decision on. Manning: Do we table it or just leave it open to the July meeting? Borup: We can continue the public hearing to the July meeting. We need a motion for that. Manning: So moved Smith: Second Borup: Any further discussion? I assume in that motion you are asking the applicant to bring the additional documents. Smith: Just a couple of specific things, Fairview Avenue elevation would be helpful. Dimensions from your property lines to your building. Any other building height dimensions, building materials. Maybe you addressed the staffs comments on the landscaping, you can call that what the trees are, turf areas, paving, just a schematic document showing your design intent from a site planning and a building perspective and a building elevation would show that. Borup: Is that clear Mr. Michener, any questions there? Meridian Plannin & Z~ g g Commission June 10, 1997 Page 42 (Inaudible) Borup: So we are continuing the public hearing to July 8th, (inaudible) one other comment for the applicant. Would you also be able to include response to staff comments? The previous letter you referenced to if that could be included on that. I believe we are ready for a vote, all those in favor? Opposed? MOTION CARRIED: All Yea Borup: I had meant to ask Mr. Michener, do you know at this point at about what date you could have that in so there would be time for staff to review it prior to the meeting enough time. (Inaudible) Borup: Well I think specifically staff comments response to staff comments, is there some additional stuff you would need prior, did you understand the question. What we are trying to do is a date for the applicant to get the information back from staff, so you have a chance to review it before our July 8th meeting. Stiles: The packets are typically prepared the Thursday and Friday prior to the meeting. Borup: Does that give you time to review? Stiles: If he meets all of the requirements that we have outlined in the staff report I don't think that we would have a problem. We would need to review it to make sure that they did meet all of those requirements. Borup: So you are saying if they comply with (inaudible) Stiles: The elevation and the building details would be more of a Commission action. Borup: Would that fit in with (inaudible) Stiles: What she is saying is she would like it maybe by Wednesday prior to the meeting. (Inaudible) Borup: Well that would still be turned in here and then (Inaudible) ~ ~ • Meridian Planning & Z~g Commission June 10, 1997 Page 43 Borup: Normally the comments would be in a week before the meetings so the Tuesday before so that would be July 1st is that the proper date? Thank you FIVE MINUTE BREAK ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 48.7 ACRES TO R-4 BY WESTPARK CO. - E. OF LOCUST GROVE ROAD, N. OF VICTORY ROAD: Borup: Is the applicant or his representative here? Van Elg, Briggs Engineering, 1111 S. Orchard, Boise, was sworn by the City Attorney. Elg: I guess we are here for the annexation request, Becky Bowcutt is in route, she is probably over Nevada right now in an airplane. She was to be here tonight so I will fill in as best I can. The annexation request as I understand it is an existing RT zone with the request to R-4 zoning. The surrounding zoning is compatible with surrounding zoning in Los Alamitos and Salmon Rapids and is contiguous with the Salmon Rapids project and that is the route for the annexation request. According to the comprehensive plan it is compliance, it is an excellent transition are for annexation of this type. We can get into the lot size requirements in the next application I suppose. The proposed density for this development is 2.87 dwelling units per acre which is consistent with development in the Locust Grove area. It is consistent with the comprehensive plan also in that it is right for rezoning and eligible for rezoning if the appropriate services are available. In this case sewer and water will be made available to this property. It is identified on the comprehensive plan map for single family use which this development will use. With that I will open myself up for any questions for the annexation and rezone. Borup: Any questions from any of the commissioners? MacCoy: We have seen this property before. Smith: I haven't seen this before. Elg: It used to be called Highland Ranch, 480 some odd units I think it was. Smith: Get me up to speed with the rest of the guys here. You walk me through what you are proposing to do there. What, the greens space and so forth. Elg: I think we will probably cover that in the next application. Borup: That is what I was going to ask Commissioner Smith is do you feel comfortable for waiting for the preliminary plat hearing or is that something you want covered before we move onto the rezone? WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY ~~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor TO: Planning & Zoning Commission, Mayor & Council FROM: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator ~~ DATE: June 3, 1997 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 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. ACRD 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:cormce~wpwnv~vlrnnocsvracr~x.cvr.noc i~ •~ P&Z Commission/Mayor & Council June 3, 1997 Page 2 S. 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. cao~-c~wrwnv~wr~.cvr.noc i ~- ~ ~ 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. ~~ 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 comer 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: ~ormce~vvrwn~nwrnoc~~ucEmr~~x. cur. uoc • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ROGER MICHENER CONDITIONAL USE PERMIT FOR A MULTI-TENANT RETAIL CENTER 519 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, and on July 8, 1997, at the hour of 7.:00 o'clock p.m., the Applicant appearing through his representative, Lawrence Ross, 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: FINDINt~iB OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on June 10, 1997, the first publication of which was fifteen (15) days prior to said hearing; that said public hearing was continued to July 8, 1997; that the matter was duly considered at the June 10, 1997 and July 8, 1997 hearings; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. ROGER MICHENER - CONDITIONAL USE PERMIT ~ • 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 the property. The record owners of the property are Robert G. and Patricia A. Jacobsen, and they have consented to the application for the conditional use permit. 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 at the June 10, 1997 public hearing. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. ROGER MICHENER - CONDITIONAL USE PERMIT would comply, but wants to know the specific location for the hydrants. However, the Applicant desires that he be required 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. At the June 10, 1997 public hearing, 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 at the June 10, 1997 public hearing. The construction of a six foot 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. ROGER MICHENER - CONDITIONAL USE PERMIT 8ighway 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. 8. City Engineer, Gary Smith, commented at the June 10, 1997 hearing 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 testified at the June 10, 1997 hearing 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. At the June 10, 1997 hearing, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. ROGER MICHENER - CONDITIONAL USE PERMIT • 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 at the June 10, 1997 public hearing. Pursuant to the Ada County Highway District's staff report there is no right-of-way which is 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, Karen Gallagher testified at the June 10, 1997 hearing that 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, 8oyt Michener testified substantially as follows at the June 10, 1997 public hearing. 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 his plans. The Applicant has spent a FINDINGS OF .FACT AND CONCLUSIONS OF LAW - Page 5. ROGER MICHENER - CONDITIONAL USE PERMIT • 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 visibility. The interior ceilings will be typical height of 8 feet to 10 feet, 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 at the June 10, 1997 hearing substantially FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. ROGER MICHENER - CONDITIONAL USE PERMIT • • as follows. The Applicant has received a copy of the letter from the owner of Elm Grove trailer park, concerning the six foot high concrete wall between the property and the trailer park. He recognizes that the wall will be 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 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 substantially testified at the June 10, 1997 public hearing that the land south of the property is one parcel which is zoned R-8. 16. Robert Jacobsen testified substantially as follows at the June 10, 1997 public hearing. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. ROGER MICHENER - CONDITIONAL USE PERMIT • 17. Loren Ross testified substantially as follows at the June 10, 1997 public hearing. 8e 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 commercial buildings gives rise to his concern and request for a sight and sound wall. Dependent upon the occupants 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. ROGER MICHENER - CONDITIONAL USE PERMIT ! ~ 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. In conclusion, T 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 at the June 10, 1997 public hearing, 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 at the June 10, 1997 public hearing, Loren Ross testified substantially as follows. With regard to the site plan which he received and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. ROGER MICHENER - CONDITIONAL USE PERMIT • 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 six feet high and has slats to reduce the noise from the play area. The children are not in the play area very much or on an ongoing basis. The children are inside most of the time, and the day care runs, approximately, normal business hours. By 6z00 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 used for day cares. He is not against the development of the property, but desires certain 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 conunented at the June 10, 1997 public hearing substantially as follows. A bar would not be a permitted use, although it may be permitted through a conditional use in the (C-G) General Retail and Service Commercial zone. Restaurants are permitted uses in the C-G zone; 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 obtained for such change in use. The Applicant's application for a conditional use permit is requesting retail only. Although the possibility FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. ROGER MICHENER - CONDITIONAL USE PERMIT exists for a bar or restaurant, a conditional use permit would need to be obtained. 22. Soyt Michener further testified substantially as follows at the June 10, 1997 public hearing 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. Se 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 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. Lawrence Ross, the representative of the Applicant, testified substantially as follows at the July 8, 1997 public hearing. In response to one of the issues at the June 10, 1997 public hearing, the Applicant has hired an architect to complete a rendering "of the property/building. This rendering has been submitted to the City of Meridian as part of the application. The Applicant has had an opportunity to meet with City staff to discuss and .resolve some of the concerns about diuaensions, set backs and other aspects of the site plan. He believes the Planning and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. ROGER MICHENER - CONDITIONAL USE PERMIT • • Zoning Administrator and he have reached an agreement as to the revisions to the site plan for the Council's review and approval. He believes that he agrees with all of the suggestions. However, the block wall between the commercial development and the trailer park is an issue which needs to be addressed. The wall presents a complication with regard to whether the wall is erected or a 20 feet landscaping buffer be installed. He prefers to erect the wall and reduce the landscape buffer to five or ten feet. This is to allow access around the entire building. The Applicant has met with the Fire Department, and it would like to maintain the access around the entire building. He believes .that the Applicant can meet all the requirements by erecting the wall and reducing the size of the landscape buffer. The Applicant will still have sufficient area to plant trees, which trees will grow higher than the wall thereby providing additional buffers. If a wall is erected, the adjacent property owner will be unable to see or hear the activity on the property. He would like to meet with Loren Ross prior to the hearing before the City Council on this application to discuss and resolve such issues. With regard to the other comments, the Applicant agrees to such comments/requirements. The Applicant desires to construct a Class "A" retail building with Class "A" tenants occupying it. The Applicant does not presently know the identity of the tenants. The Applicant has received inquiries and interest, but no commitments or signed leases at this time. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. ROGER MICHENER - CONDITIONAL USE PERMIT 24. In response to questions of Commissioner MacCoy, Lawrence Ross testified substantially as follows at the July 8, 1997 public hearing. The building is not to be of metal siding construction. The Applicant proposes either a steel or wood frame, the selection of which is dependent upon economics. .The Applicant has selected an E.I.F.S. exterior. The center of the building is approximately 18 feet in height and drops to approximately 16 feet. At the back of the building the height is approximately 15 or 14 feet. The Applicant is uncertain of the color scheme of the building. The building rendition is prepared by the architect with basic colors. The Applicant plans to have exterior lighting on the building; however, the Applicant will take such measures to minimize the impact on neighboring properties. Such measures will be worked out with the City's staff. He anticipates some lighting of the building and lighting of the property. The Applicant will take special care of lighting the rear of the building to avoid an illumination problem which impacts the adjacent trailer park. The Applicant anticipates the installation of a sign, which installation will be coordinated through the City. 25. Commissioner MacCoy commented at the July 8, 1997 public hearing substantially as follows. He suggests to the Applicant that two islands be installed for handicap parking in consideration of vehicles with a side entry for wheelchairs. 26. In response to the comment of Commissioner MacCoy, Lawrence Ross testified substantially as follows. The Applicant intends to revise the parking at the rear of the building. In this FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. ROGER MICHENER - CONDITIONAL USE PERMIT • regard, the Applicant intends to move the parking spaces to make them more perpendicular to .the building. This should provide well over 60 spaces. Consequently, the parking spaces will be adjusted to accommodate two handicapped parking spaces with plenty of access area. 27. In response to further questions of Commissioner MacCoy, Lawrence Ross testified substantially as follows at the July 8, 1997 hearing. The exterior material of the building is a durable product except when it is next to traffic. The design has not been finalized; however, the design will probably provide curbing away from the building to prevent access and damage to the exterior of the building. He does not know what the final plans of the building will be due to required adjustments resulting from the comments and requirements of City staff. In any event, the final plan will be developed to keep vehicles and the parking area away from the building, yet provide sufficient access. The location of the trash enclosures has not been determined. The Applicant will meet with the City's solid waste contractor to determine the location of such enclosure. A final site plan should be ready for the hearing before the City Council. 28. In response to questions of Commissioner Smith, Lawrence Ross testified substantially as follows at the July 8, 1997 public hearing. The reconfiguration of the parking area is dependent upon the tenant base. The use of the rear doors of the building depend specifically on the retailing use of the tenants. The Applicant may establish "unloading zones" with a sidewalk system. With FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. ROGER MICAENER - CONDITIONAL USE PERMIT i • regard to the available area for parking,. he thinks the Applicant can place everything which is required into the area. The site plan has not been revised since the preparation of the building rendering. He would like to keep as much sidewalk around the building as possible. The E.I.F.S. type of material works well as long as it does not come in constant contact with water. A sidewalk buffer between the building and landscaping is better for the building. 29. Commissioner Smith commented at the July 8, 1997 public hearing substantially as follows. The area between the building and the adjacent day care center is too tight to place landscaping along the building. The planting of tree wells or planters along the drive of the east side of the building would be nice. This would soften the appearance of the building and eliminate it appearing as if it were floating in a sea of asphalt. 30. In response to the comments of Commissioner Smith, Lawrence Ross testified as follows at the July S, 1997 public hearing. There will be a five feet landscape strip along the east side of the building. The Applicant has suggested turning the drive on the east side into one-way, which the Fire Department indicated it would approve. If established as one-way, the Applicant could reduce the driveway to 20 feet in width and provide a larger landscape buffer. He believes this driveway width is presently 24 or 23 feet in width. He would like to keep the traffic as far away as possible from the building. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. ROGER MICHENER - CONDITIONAL USE PERMIT s ! 31. Lawrence Ross testified further at the July 8, 1997 hearing in response to questions of Commissioner Smith. He is open to suggestions for the color of the building. He would prefer to lighten the color of the building. The color of the building on the rendition is not final but for display purposes. The Applicant is not proposing reflective glass on the front of the building. The Applicant desires to have the inside of the building visible due to the retail nature of the businesses which will occupy the building. 32. At the July 8, 1997 hearing, Lawrence Ross testified substantially as follows in response to questions of Commissioner Borup. He would like to get together with the adjacent property owner [Loren Ross] to discuss the construction of the wall along the property lines and satisfy his needs. He acknowledges that a variance would. be required to reduce the size of the landscaped buffer along this property line. However, he hopes with the construction of the wall, such variance can be obtained. With regard to this area, he prefers not eliminating the circular driveway areas around the building. The circular driveway areas provide better access through the property, especially with the one access from Fairview Avenue. 33. Loren Ross testified at the July 8, 1997 public hearing substantially as follows. He is willing to meet with the Applicant to discuss the wall and available options. However, he maintains his position as stated in his testimony at the June 10, 1997 public hearing and the letter he submitted. He believes there is room to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. ROGER MICHENER - CONDITIONAL USE PERMIT compromise on his position in terms of alternatives such as the construction of a berm with landscaping or the combination of a berm and wall. 34. 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. ACHD [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 17. ROGER MICHENER - CONDITIONAL USE PERMIT • C~ 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 berminq 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 18. ROGER MICHENER - CONDITIONAL USE PERMIT • 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 n-sintains 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 19. ROGER MICHENER - CONDITIONAL USE PERMIT ! • 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. 35. The Meridian Police Department and the Meridian Sewer Department submitted comments on the subject application, which respective comments are hereby incorporated herein as if set forth in full. 36. The Meridian Fire Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full; as long as all water supply requirements and all codes are met, it will have no objection; and that the Applicant will need to add two fire hydrants. FINDINGS OF .FACT AND CONCLUSIONS OF LAW - Page 20. ROGER MICHENER - CONDITIONAL USE PERMIT 37. The Nampa & Meridian Irrigation District submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; b. All laterals and waste ways must be protected; c. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans; d. The developer must comply with Idaho Code Section 31-3805; and e. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 38. 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 central water; that runoff is not to create a mosquito breeding problem; that it will require plans be submitted for a plan review for a food establishment; and that stormwater run-off should flow into a grassy swale before discharging to the subsurface. 39. The Ada County Highway District submitted comments, and such comments are hereby incorporated herein as if set forth in full. Its comments included, but are not limited to, the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. ROGER MICHENER - CONDITIONAL USE PERMIT • • a. The Applicant is to 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; b. The Applicant is to construct a five feet wide concrete sidewalk on Fairview Avenue abutting the parcel. The Applicant is to locate the sidewalk one foot within the right-of-way of Fairview Avenue; c. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District; d. The Applicant is to construct a 30 to 36 feet 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. The Applicant is to pave the driveway its full required width of 30 to 36 feet- to at least 30 feet beyond the edge of the pavement of Fairview Avenue and install pavement tapers with 15 feet radii abutting the existing roadway edge; and e. Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. 40. There were no other comments by the public regarding this application. 41. Pursuant to an application for rezone submitted by the Applicant, the Applicant seeks to amended the zoning of the property from (R-8) Medium High Density Residential District to (C- G) General Retail and Service Commercial. The (C-G) General Retail and Service Commercial district is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: 1C-Gl General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and FINDINGS OF .FACT AND CONCLUSIONS OF LAW - Page 22. ROGER MICHENER - CONDITIONAL USE PERMIT • service oriented and are located in close proximity to major highways or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 42. Although retail stores are permitted uses on property zoned (C-G) General Retail and Service Commercial, pursuant to the conditions for the grant of the zoning amendment for the property, any use or development of the property is allowed only under the conditional use process. Therefore, a conditional use permit would be required. 43. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." coxcLVSSOxs of LA.w 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. ROGER MICHENER - CONDITIONAL USE PERMIT 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. Section 11-2-418(C) of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24. ROGER MICHENER - CONDITIONAL USE PERMIT • which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. Pursuant to the conditions for .the zoning amendment granted for the property a conditional use permit would be required; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; c. The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; however, traffic may increase, but the development will have a vehicular approach to the property which shall be designed to decrease interference with traffic on surrounding public streets; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions involve a use, activity, conditions of operation person, property or the excessive production of glare or odors; are met, the use should not process, material, equipment or that would be detrimental to general welfare by reason of traffic, noise, smoke, fumes, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25. ROGER MICHENER - CONDITIONAL USE PERMIT ~ ~ h. The Applicant will cause the property to have a vehicular approach which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. Because conditions may be placed upon the grant of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of the grant of the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; c. .The Applicant shall meet the comments, recommendations and requirements of the City Engineer's office and the Planning and Zoning Administrator, which include, but are not limited to the following: (1) The Applicant shall provide a minimum 20 foot wide planting strip adjacent to the existing residential use per City Ordinance Section 11-9-605; (2) A revised plan .detailing the 20 foot wide planting strip shall be provided prior to action on this proposal by the City Council; (3) The Applicant shall provide detailed landscaping plans, including species and sizes of all plants, prior to submitting an application for a building permit; (4) .The Applicant shall provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire .Department policies; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26. ROGER MICHENER - CONDITIONAL USE PERMIT • • (5) A minimum of twenty five (25) three inch (3") caliper trees shall be required for this development; (6) 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; (7) 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; (8) The Applicant shall provide a thirty five feet (35') landscape setback beyond the required right- of -way; (9) The Applicant shall provide a detailed landscaping plan including benaing details for approval prior to obtaining building permits; (10) The Applicant shall install sidewalk(s) and curbing along Fairview Avenue; (11) The Applicant shall provide curbing and an underground sprinkler system for all landscaped areas; (12) The Applicant shall provide temporary fencing to contain debris during construction; (13) 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 the parking areas shall be in accordance with Meridian City Ordinance and the Americans with Disabilities Act, including that the Applicant install or cause to be installed two islands for handicap parking in consideration of vehicles with a-side entry for wheelchairs; (14) Driveway widths and parking stall lengths shall meet the requirements of City Ordinance Section 11- 2-414; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27. ROGER MICHENER - CONDITIONAL USE PERMIT • • (15) Graveled driveways, parking and accesses are unacceptable; (16) The Applicant shall provide a drainage plan for all off-street parking areas, designed by a state of Idaho licensed architect or engineer, and shall submitted it, along with calculations, to the City Engineer; (17) All site drainage shall be contained and disposed of on-site; (18) Each tenant of the building on the property shall obtain a Certificate of Occupancy prior to opening for business; (19) 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; (20) All construction shall be in compliance with the Americans with Disabilities Act and all required Uniform Codes; (21) 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 Occupancy. Assessment fees will be determined during the plan review process; (22) 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; (23) 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28. ROGER MICHENER - CONDITIONAL USE PERMIT • (24) 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; (25) Water service to this property is contingent upon positive results from a hydraulic analysis by the City's computer model; (26) 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; (27) 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 (28) 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. d. The Applicant must meet and comply with the comments, recommendations and requirements of the Meridian Police Department; e. The Applicant must meet and comply with the comments, recommendations and requirements of the Meridian Fire Department, which include, but are not limited to, the Applicant providing two fire hydrants; f. The Applicant must meet and comply with the comments, recommendations and requirements of the Ada County Highway District, which include, but are not limited to the following: (1) The Applicant shall provide a recorded cross access .easement for the parcel to the south to use the property for access to the public streets prior to issuance of a building permit or other required permits; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29. ROGER MICHENER - CONDITIONAL USE PERMIT • (2) The Applicant shall construct a five feet wide concrete sidewalk on Fairview Avenue abutting the parcel. The Applicant shall locate the sidewalk one foot within the right-of-way of Fairview Avenue; (3) The Applicant is prohibited from making utility street cuts. into new pavement less than five years old unless approved in writing by the District; (4) The Applicant shall construct a 30 to 36 feet wide driveway on Fairview Avenue, located approximately 140 feet east of the west property line, which is 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, and align such driveway with Texaco's eastern driveway; (5) The Applicant shall pave the driveway its full required. width of 30 to 36 feet to at least 30 feet beyond the edge of the pavement of Fairview Avenue and install pavement tapers with 15 feet radii abutting the existing roadway edge; and (6) Other than the access point specifically approved by the Ada County Highway District, direct lot or parcel access to Fairview Avenue is prohibited. g. The Applicant must meet and comply with. the comments, recommendations and requirements of the Central District Health Department; h. The Applicant must meet and comply with the comments, recommendations and requirements of the Nampa & Meridian Irrigation District, which include, but are not limited to the following: (1) The Applicant shall file a Land Use Change/Site Development application for review by the District prior to final, platting; (2) The Applicant shall protect all laterals and waste ways; (3) All municipal surface drainage shall be retained on-site; (4) If any surface drainage leaves the site, the District must review drainage plans; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 30. ROGER MICHENER - CONDITIONAL USE PERMIT (5) The Applicant shall comply with Idaho Code Section 31-3805; and (6) The District recommends that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. i. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above,-that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER MANNING COMMISSIONER MACCOY COMMISSIONER SMITH CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED 4 VOTED ~ VOTED '~"/ ~ ~'3I l ~' VOTED ~- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 31. ROGER MICHENER - CONDITIONAL USE PERMIT • • DECISION AND RECO~+IIKENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions. set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTIONS APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 32. ROGER MICHENER - CONDITIONAL USE PERMIT • ~ HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., Clty Clerk JANICE L. SMITH, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 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 COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 GREG OSLUND Motor Vehicle/Drivecs 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 8~ 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: Aoalication for Conditional Use Permit for Multi-Tenant Retail Center on 1 4 Acres at 519 E. 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, P/Z RON MANNING, P2 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 . ~ FINAL PLAT) BUREAU OF REC I PREL & FIN P CITY FILES OTHER: YOUR CONCISE REMARK .....+rt~icp 97 • ~ ' OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., C1ty Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY ~• ~~ A Good Place to Live wALT w. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE CH GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMI 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) 888-4-043 MALCOLM MACCOY KEITH BORUP ROBERT D. CORRIE RON MANNING Mayot 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: 4/18197 HEARING DATE: 5/13/97 REQUEST: Analication for Conditional Use Permit for Multi Tenant Retail Center on 1 4 Acres at 519 E. 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 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE (PRELIM. 8 FINAL PLAT) RON MANNING, P/Z ADA COUNTY HfGHWAY DISTRICT C7FtCEl VEQ GREG OSLUND, P/Z ADA PLANNING ASSOCIATION KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH -,~~ 1 ~ ~pq7 BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C SETTLERS IRRIGATION DISTRICT ~ITy r~- ~IERIDIAIV IDAHO POWER CO. (PRELIM. 8 FINAL PLAT) WALT MORROW, C/C U.S. WEST (PRELIM. & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS (PRELIM. 8 FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION (PRELIM. 8~ FINAL PLAT) SEWER DEPARTMENT CITY FILES , / n BUILDING DEPARTMENT ~ ~ v OTHER: 4.~ ~ ~J FIRE DEPARTMENT YOUR CONCISE REMARKS: ' POLICE DEPARTMENT CITY ATTORNEY _ ~4 5 ~- o N y ~ S ~! G L cw A-f ,er Sa.r,~ y CITY ENGINEER CITY PLANNER _ / S M e2 ANjJ G O~~ ~"S A-/L ~ c`~~~;c SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary Apri128, 1997 Roger Michener 1111 S. Orchard, Suite 200 Boise, ID. 83705 Re: Staff Level Approval MCU-13-97/MRZ-2-97 Facts and Findings: LJ 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. 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 ACHD 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: Site Specific Requirements: Provide a recorded cross access easement for the pazcel to the south to use this pazcel for access to the public streets prior to issuance of a building permit (or other required permits). 2. 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. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 t ~ ?i 3. 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. 4. Other than the access point specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. 5. 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 id n ~ each requirement to be reconsidered and include a written explanation of why such a Ygi>;rement 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. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minunum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 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. MCU1397.SLA Page 2 • 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. 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. Conclusion of Law: ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACRD Development Services staff at 345-7662. Since , _~ ~~ ry Sale Develop ent Services Supervisor cc: Project file Lead agency MCU1397.SLA Page 3 ~~ •~% r ~'' ~% . • JOY•• CIR. . Z• r~ ' ••~,. Z ,.t1 W ~ -- •'. .~ •, .J • ~~'\ ~ /i •~ ~ • /' i' • ~ ~ ~. : ~ :i'• r. .•; • .• .. ~! !08,336330..%~ ! ~ . p ~ `~~ - • •"'~ ~' : ~ ~ . .10 'A.~' 'O A ~~ .'`•• ~• -~ ~911063d691~• ~' S11D63Ayt99. jc1°~rl R.V ld~ ~~~ -- ~ ; ; -- t_~ M1 1 A • ' I I b7223260•' ~.• ' I I, '~ % •'• j •y iii `~ y' / ., • • ~ ~ . i~ ~ i-~ ~• I % '•; • sf soizsisos.'. ~~ ~• • -• i • .: . I ' . ; ~ • sitoial2s'so:' ~ ~~• ..~ ~ . •••. ~ " ~ rr .. ~ . f" ` ~ ~• `~ • ' ~ f ~.- • ; ` : ••,:' f oizsa7as : ` i ~ '• !~~ . • . • slioi2a2s3s; .-•' - - • cam nve - - ; ' ~ ~ 13660!0 60 C=c •~ ~ 72231$0' R13GG0f006' ' ~ ~,'' I'. ~ ~., ~ • 1 'i I 1366010 62 . I ~' 223!.. I ' ~ R13660f0070 ~ ' 51'1077230' ' '• ~ I I ~ ` ~. ~ ,~'~ S! f07~230i 3 ~ ~ ~ ' • ' ' R13660f00 R13fiG0100 U I ~ ~ .• ' t . 1 . ~ ~ I 5 1 10 722301 I ` `' ' . ~ ~ ~~' 1'• ' ~~ ' . I 1 _ 1 ~ 1 ~ ' / ~~707Q o ) ) n i < V I CI I ~•'1 T I I - (I ' I t Ir.rr^ ~ l.ll '1 1 I ~"' Q r W a u u u u u u u • 0 0 W W K ~ z a W W Q 41 N a' ~ W W W a o 05 a ar' ~ W ~ Q~ a rc a z w c~ ~ o ~ a a a' 2 Z 2 ~ J J Q O Y Y l.J U U J > o~a<< J m a a a %~ ~n 1 1 _--I' I I I r N ~, ~ I --------~a--------- o~ ~ om ~ NJ 0 0 Q -- J ~ ------- -------- ~ O~ ® d I • ------------------ I~ --------~~-------- L• ~iv,~~et~ to: MAY 0 5 1997 ~ Boise ^ Eagle Rezone # CITY ®F M R~nin~ ^ Garden city ,Meridian Conditional Use # /~yL.~ / -- %~/~OP7~T ~~/G- "~i~~ ^ Kuna Preliminary /Final /Short Plat ^ ACZ ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 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: ,1~. 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. 3tcaatRunoff 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. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. 14. We will require plans be submitted for a plan review for any: -® food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store !, 5. c~2_M tn/~ti~=7~ ,C? y'h!- or'-l~ S/fy y ~ ~~l~ /N~3 /-~ Date: 7 / 3~ /~ G/Z~Ss~I S W Irl-E gG`~dz~ ~/S C G-'/~(r 7b Reviewed By: ~.~ ~-M~ S ~/ 6 S vn FA~~ CENTRAL CEN"I~CAL DISTRICT HEALTH DEPA~ENT •• DISTRICT Environmental Health Division ~'1'1'HEALTH RED DEPARTMENT CDHD IO191 rcb, rev. I/95 ~ • • ~~~~~ ~~ MAY 0 8 1947 ~~' ~~ ~ERIDIAh~ 'l~a~yta ~i ~JZaud~ac~ ~In~cigat~aoc D~a.~ctct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 29 Apr// .1997 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 City of Meridian Boise 345-2431 33 East Idaho Meridian, lD 83642 RE.• Condition Use Permit for Mu/ti-Tenant Retai/ Center at 519 E. Fairview Avenue -Roger Michener Dear Commissioners: The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final patting. Contact Donna Moore at 343-1884 or 466-7861 for further information. Al/ /atera/s and waste ways must be protected. A// municipa/surface drainage must be retained on site. if any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage p/ans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all deve/opments within the Nampa & Meridian Irrigation District. Sincere/y, Bi/f Henson, Asst. V'Jater Superintendent NAMPA & MER/D/AN /RR/GAT/ON D/STR/CT BH: d/n cc: Fi/e -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • 'Har~r~ria ~i ~lf~hidia~ ~vuyatio~ Dia~riet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888-6201 Phones: Area Code 208 J-U-B Engineers, Inc. 250 South Beechwood Boise, ID 83709 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Fairview Business Center Dear J-U-B Engineers: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent Robert G. & Patricia A. Jacobsen Roger Michener enc. t` ~; i„-..../ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 6 May 1997 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, C1ty 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 & 2 Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB O ~ F TREASURE VALLEY COUNCIL MEMBERS A GOOd PIaCC t0 Llve WALT W. MORROW, President CITY OF MERIDIAN CHARLES M. ROUNTREE R GLENN R BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 JIM JOHNSON, Chairman Motor Vehicle/Drivers License (208) 888-4443 GREG OSLUND 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 8z 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: 5/13197 REQUEST: Aoolication for Conditional Use Permit for Multi Tenant Retail Center on 1 4 Acres 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, P/Z RON MANNING, P2 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. 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. 8 FINAL PLAT) U.S. WEST (PRELIM. 8~ FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. 8 FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. 8~ FINAL PLAT) CITY FILES YOUR CONCISE EI~N~ROVE TRAILER ~T• P.O. Box 155 Meridian, ID 83680 Loren D. Ross, Owner/Manager 888-5694 or 888-6668 RE: Public Hearing, May 13, 1997 ~~~~~ ~~ !SAY 1 ~ 1997 TO: Members, Planning and Zoning Commission !CITY p~ MERIDIAN 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 Pazk, a 40 unit mobile home pazk. 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 Pazk. The proposed project will be within very close proximity to the mobile home community. 2. Early morning and late night lights from customers, employees, and delivery trucks, specifically pazking/freight azea 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 Caze) 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 No »oz ,'ARTHUR THOMPSON ~ S. CHANCES. fl. 601]4 • 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 Elm 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, Loren D. Ross Page 2 of 2 y i--, C'' 7~ Q C ~. ~_ kr' :/~ ~= t* n o = m^ T \/ s o m ~, w ,~ ~ < D cc D v Z >~ /~ ~ i _ ~~ ~ ~ I ~~ ~ m~ R~ I ;~ ~~ ~ ~,,~.~ ~. __ :\; ,; ------- r -_ --_ - ~ ~ _ _ --------~ ti Q~ _ _ .. I - _ _ \ I I I ~ ~ - _ l os.o D --'---"'------ -- -------- m -- ~ --- ' ® l 1 _ ~o N .,. - !i ~~ ~' ~+ ~~ ~ -- ~, . i ~-~ i ~i I g _~ .. 1 -. ~ ~ ~ G ~ ~ ~ ~ . ~ s ' ~ ~ ~A ~~ v m - _ ~ L ~ ~ O 1 XT . ~ , ~~~~~ u a v+ ~ ,o B v~ x D ,,. p ~ ~ '~ ' ~ ~ any .y~, ~ i '; y = ~ ~ FAIRVIE~P BUSINESS CENTER ~ ~~~ ARMSTRONG ARCHITECTS oar .~.~ ~ ~ ~ ~ s ~ as a m~ a au~ 3m . eoeE o mae . m~ sr. w~puc~ . oor s-me ~ichenervestments r'ommercial Real Estate August 4, 1997 Mr. Loren Ross Mr. Ralph Ross Elm Grove Trailer Park P.O. Box 1S5 Meridian, ID 83642 RE: S 19 E. Fairview Avenue, Meridian, ID Property Line Screening2andscaping Plan Dear Loren and Ralph: The purpose of this letter is to serve as a written record of our agreement as to the landscape along the rear of our common property line. We have attached site plans and elevations that highlight the specifics of this agreement. Our signatures on this letter and initials to the attachments show our joint approval of this agreement and your support for this project. Please return a copy to us at your earliest convenience and if you have a>n- questions, give us a call. Additionally, you agree to allow us a 10' temporary easement along your property to construct the necessary improvements. This agreement is conditioned upon approval and construction of this project. ~ ~&r ~ ~'"~' ~- ,; ~~.,' . ~ r-- ., Sincerely, A. ss, C .~ :. ~.,..,r... .r,r.._ Roger Michener, CCnK OwnersBuyers of S 19 E. Fairview, Meridian Ralph and/or Loren Ross Date % / Owner. Elm Grove Trailer Park, Meridian LR/ca 1111 South Orchard Suite 200 Boise, Idaho 83705 Fax (208) 336-3558 (208) 336-3202 E~A~I~OVF T12,~ILE12~T. P.O. Box 155 • Meridian, ID 83680 Loren D. Ross, Manager 888-5694 or 888-7557 A~1G 2 0 1997 q1~f 4F ~~RI~3~t~T~ August 19, 1997 RE: Conditional Permit for 519 E. Fairview Michener Investments TO: Members, Planning and Zoning Commission I have recently met with Lawrence Ross and Roger Michener to discuss possible solutions for my concerns expressed in the previous June and July meetings. I found both Lawrence and Roger interested in arriving at a solution that both parties found acceptable. We have done so, and the results should be filed with you as of this writing. I thank the members of the Planning and Zoning Commission and Will Berg for your personal interest in this matter. Sincerely, `. Loren D. Ross No. ]702 :'ARI HIiR THOMPSON ~ S(. CHARLES. IL 60~ i~ • 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 ~~pf~?!~'~~Z 199'. 7 ROLL CALL COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA VOTED VOTED VOTED VOTED MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVE VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~~'~'"~~ • • MERIDIAN PLANNING & ZONING COMMISSION ____ _ _ AUGUST 12. 1997 The regular meeting of the .Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:00 P.M.: MEMBERS PRESENT: Keith Borup, Malcolm MacCoy: MEMBERS ABSENT: Byron Smith, Ron Manning: OTHERS PRESENT: Will Berg, John Fitzgerald, Jr., Gary Smith, Shari Stiles, Sam & Lanae Fishel, Jan & Don Cheever, Greg Tolson, Sue Peckham, Van Elg, John Knight, Tyia Lofton, Dave Bailey,. Lee Centers, Keith Jacobs: MINUTES OF PREVIOUS MEETING HELD JULY 8, 1997: Johnson: Are there any corrections, additions or deletions to these minutes as prepared? Entertain a motion for approval. MacCoy: Mr. Chairman, I make a motion that we approve the meeting minutes for July 8. Borup: Second Johnson: It is moved and seconded we approve the minutes of the July 8 meeting as prepared, all those in favor? Opposed? MOTION CARRIED: Atl Yea ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A CONDITIONAL USE PERMIT FOR AMULTI-TENANT RETAIL CENTER BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: Johnson: Is there any discussion, any comments regarding the findings of fact and conclusions of law as prepared by our City Attorney? MacCoy: I have a couple of things I would like to ask. I had made a heavy point of the handicapped parking being set up so they had an island for both the vehicles that were to be parked in front of the place. It is recorded in the July 8 minutes. I noticed when I went through the map or plan here it was no# shown that way. What is our avenue of getting that correct? Johnson: Well your avenue is to amend the findings of facts as prepared or call for new findings of fact or whatever. MacCoy: Well let's see if we, I would like to amend the findings of fact to show that we requested islands for both vehicles that way he has to come up with that. Meridian Planning & Z~g Commission August 12, 1997 Page 2 Johnson: Any further comment? MacCoy: I asked a question and so did Byron about the loading area and the curbing thereof and I didn't see any in the material nor the plan they submitted to us. Johnson: Was there a response in the minutes to your question? MacCoy: That we should have curbing? Johnson: Was there a response to your question in the meeting with respect to your question? MacCoy: Yes he said that whoever was the spokesman at that time made the comment that they were going to revisit the loading area and yes he thought it was a good idea they have curbing both protecting the loading dock as well as his building. Johnson: So would you like to incorporate that testimony into the findings of fact? MacCoy: I would do so yes. Johnson: Anything else? It would be appropriate for you to make the motion Malcolm. MacCoy: Mr. Chairman I make a motion that we accept the findings of fact and conclusions of law with the amendments so stated. Borup: Second Johnson: We have a motion and a second to amend the findings of fact and conclusions of law to incorporate the two comments made by Commissioner Malcolm, roll call vote. ROLL CALL VOTE: Borup -Yea, Manning -Absent, MacCoy -Yea, Smith -Absent, Johnson -Yea MOTION CARRIED: All Yea Johnson: Is there a decision or recommendation you wish to pass on to the City Council? Borup: Mr. Chairman, the Planing and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the amended findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, Meridian Planning & Zo~ Commission August 12, 1997 Page 3 parking, paving, and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. MacCoy: Second Johnson: Moved and seconded to pass the recommendation onto the City Council as read by Commissioner Borup, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A CONDITIONAL USE PERMIT FOR GENERAL RETAIL PURPOSES BY KZ HOLDINGS LLC - SE CORNER OF LOCUST GROVE AND FAIRVIEW AVENUE: Johnson: Any comments regarding these findings of fact and conclusions of law as prepared? Entertain a motion for approval. Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Johnson: Moved and seconded we approve the findings as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, Manning -Absent, MacCoy -Yea, Smith -Absent, Johnson -Yea MOTION CARRIED: All Yea Johnson: Is there a decision and recommendation for the City Council? MacCoy: Mr. Chairman, the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditiona( use permit requested by the applicant for the property described in the application with the conditions -set forth in the findings of fact and conclusions of law or similar conditions as found justifed and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety code, Uniform Fire Code, parking,. paving, and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. The applicant if determined by the City Staff if necessary shall enter into an addendum to the development agreement entered into by the City and D & B Supply lnc. which was entered into as a result of the annexation of the property into the City. Borup: Second ~ a MERIDIAN PLANNING 8~ 20NING COMMISSION MEETING: August 12.1997 APPLICANT: ROGER MICHENER AGENDA ITEM NUMBER: 1 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CUP FOR AMULTI-TENANT RETAIL CENTER 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 d~~L a~~f a w ~p~''Prt~`"f c~`i k° OTHER:. All Materials presented at public meetings shall become property of the City of Meridian. • 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 June 10, 1997, for the purpose of reviewing and considering the Application of Roger Michener for a Condition Use Permit for land located in the NE'/4, NW %4, Section 7, T.3N, R.1E, Boise Meridian, Ada County, Idaho, and which property is generally located at 519 E. Fairview Avenue. The Application requests a conditional use permit for amulti-tenant retail center. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 23rd of May, 1997. i~C~~--. LIAM G. BERG, JR., C ERK PUBLISH May 23 and May 30, 1997. • 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 City Council 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 7:30 p.m., on September 2, 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 %4, 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 15t'' day of August, 1997. WILLIAM G. BERG, JR., LERK PUBLISH August 15 and August 29, 1997. • • 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 City Council 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 7:30 p.m., on September 2, 1997, for the purpose of reviewing and considering the Application of Roger Michener for a Condition Use Permit for land located in the NE %4, NW %4, 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 conditional use permit for amulti-tenant retail center. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 15th day of August, 1997. WILLIAM G. BERG, JR., I CLERK PUBLISH August 15 and August 29, 1997 • • 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 City Council 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 7:30 p.m., on September 2, 1997, for the purpose of reviewing and considering the Application of Roger Michener, for a Variance for land located in the NE %4, NW '/4,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 variance to the 20 foot planting strip requirement. 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 15"' day of August, 1997. WILLIAM G. BERG, JR., CI L K PUBLISH August 15 and August 29, 1997. • ti~ l ~~~_~ ~. ,~ ~~ ,~ ~~ -~ 0 ~~ ,~ ~ ~~ - - ~ . ~~ ~~ C~ . t ~ ~ 7 ~:. ~' .~} ~ ~: ,f~..~ .,. err w Q - - ~ ~« a. ~~ . ~~ d~ •~ L~ -,.-~... teal wewea ~LS~N Y~ 4141-4f4 'pl '~qeq MP~41MW~019Y ~4 ~rq~ 'j4 ,.~, ,~IMiAr IIIiAMrd ~ OLY ~s. ~~1sY - = ~ ~ ~0~ ~` W 2 ~1 d @b ~~ e. ~a • • ~~ ~~ -- ---- T _ '- t l ~`~~ I I .~ - c I t ~~ I, ~~ I C=1 u~~~ ~~ ~ o p ~~p~m ~ ' F ~ j N oo §~ amm v ~~~ ~ D .~~~~ ~m~:4~9 o~~No ~~~x ~ s ~ $. y = a ~ p ~ o > ARMSTRONG ARCHITECTS ~5 g FAIRVIEW BUSINESS CENTER ~ ~~I~ ~f ~ ~ '•"71 ~ BOISE, IoAxo PoI & tT18L SUIE 90D ~ BpSE D !9702 ~ dM SL M~RIflRACE ~ (208191200 /' ........................._:::~:::.:..:r:.~~...._.....::... _.. :;::~rrw.zx<:::::s ::.:::::::..::~:.:.~:..~.::::..:~:..::.:::..:r:.:r............ ..... :. ~<=:~ ..r.......... _ ~.:~ - _..._ :~.~.:::r..~:r..:.:.. .. ........................:..:.: A:. ....:. :::!r.r.::'.r.r :':::' :'::~~t:~n.~:'.::.~ ~ .: ..::3::• ti::•d1'.:r'iry:T: .. ...... ................... ; '.:t.: ~:::~ ,.. I ...aA...:.v:::^.•.•CyT: ..... ~ ~7 4'~ .Y~~ ` ,' ''~1. • 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 June 10, 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 '/4, 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 23rd of May, 1997. ILLIAM G. BERG, JR., I CLERK PUBLISH May 23 and May 30, 1997. 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 Condition Use Permit for land located in the NE %4, NW'/4, 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 conditional use permit for amulti-tenant retail center. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 25th of April, 1997. WILLIAM G. BERG, JR., I CLERK PUBLISH April 25, 1997 and May 2, 1997. ~ • MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: July 8.1997 APPLICANT: ROGER MICHENER AGENDA ITEM NUMBER: 4 REQUEST: PUBLIC HEARING CONTINUED• REQUEST FOR A CONDITIONAL USE PERMIT 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~ ~1 ~~~~ k P'~ ~L OTHER: .~o All Materials presented at public t~etings shall become property of the City of Meridian.