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Home My WebLink AboutNahas, R.T. CUPIn WILLIAM G. •3ERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: April 1, 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for Drive -up windows and 2 buildings on same lot BY: R.T. Nahas Co. LOCATION OF PROPERTY OR PROJECT: Lot 5, Central Valley Corn. Park No. 3 JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: 11816. iii• s trU cy� YOUR CONCISE REMARKS: ITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE. PERMIT NAME: _ .-TT, �l�.l-l-/s.� �.0 PHONE: 5S(;, CaC�n) ADDRESS:-10-2- GENERAL DDRESS:[D2GENERAL LOCATION: !--O—r 5 A:-( COW QLa-" DESCRIPTION OF PROPOSED CONDITIONAL USE: D21t 5—:- -UP yi t►,x�t�S LM- / ...�. ---- --—�,.�:—�--- ZONING CLASSIFICATION: CSE&►..'— 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. Si pWure of pplic t Social Security Number 553 -'Jy - � !4" •� ar 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 ofthe Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at 2!LA -`� �� A�2,1C '3 SUBDIVISION, BLOCK ,LOT �J TO ARTHUR F. POCOCK 20630 Patio Drive Castro valley, CA 94546 March 10, 1997 City Council City of Meridian, Idaho 33 E. Idaho Avenue Meridian, ID 83642 RE: Parcel No. 03-81343520425 Central valley Corporate Park 13 To Whom It May Concern: I hereby authorize Robert W. Nahas or his representa- tive to apply for a conditional use permit for two drive-through windows for Building B of my proposed development. w I further agree to pay any additional sewer, water, trash fees or other charges, if any, associated with the use. Sincerely, Arthur F. Pocock AFP/hrs 11/11/08 12:27 S. ,,. 4 V,. on wet Sfata alel / Dont. ldtbo 13ya W. t u"h oub Prone / Dob. M O A!7'Od poi 3?7.a700 F� 950 7 0: • vtew AOA C^. nECORDER I WT - :'ATARRO Boise IU '95OCJ 23 Pff `i FEE 2 a RCCO►aB•� t • '..Z e0iIE6T F1040000236 �- •"��.11wlIYa•�iI J 6/AVN' _ � SPACE #A Ma MIL aINVORO MO DATA �uaaaaa�ouncaa�+a+o��o�000aotm�ouo«►a,��c��wa,ua�u�euauam�c�ra�roc WARRANTY DEED te+maa,e�► POR VAA= VAMYRD RalatN= and no", a Calibceis Oeearal Farraarsbip. se to tbir entice interest (~Rich it as undivided sme—halt interest) SMI deM Adel tttebtt OIIANt; IAmOA{N, IbLL Baa CONMfT awe R. t'. NAM MWA11I OF IRAlllt. an Idaho corporation 4RANIatIIR).wRowaatrwtat�eawtb lot 1. 17th Street, lett* R00. Raimo, l4she 63703 mabls■1imadaet" ndpow Isla Ada G�oaatl.Staaef learn. moa+ oadadatb datrtiled a IbYewa w vele Roe the Attached inhibit "A" for legal description, which ly this reference is iaterporsted herein. 1 7a HAvi AND'ffl HOLD 1101 ado Pw•Mw. whh thtk tavatw n tme sm the wW dewapb done ummaw Rqn ane never anew. AN Me old OemwenW dew No btaby awwmmw bad wah the aW t MW,,W ah QU,, bare* Nae OW WN he hs aleph of aW pntw0 ; deet"ytwa an nw new aS wiwaabnaoa, t KW I deweawkkb tek eow"ime e b gptwy wA t "Mash ad dew wade. =WNW er done by Nle urn***. and wb)wt to pesmism rat fNtta. dtdkte, ' "Now at. rob of wq tad apaeatwe. kv-0 of lead. mod sword taw and awwmmls. hetadw l Iged aM Ialhl aaaamaeom.0<cel) rer do nt; tartan ler. ONO w est lw dw lead 110 Pik mod ME Oaewtaq) IN eaeaat old d" the mime Rea al hwRd Odeem •wbatawarw. fN USIA September • 1!!S i; Sed KUAL a California General Parttteeaiis we o '1&Jpffksnare affair" :j 0a tRN `r t.... t� ot—�t0lef' ►9 9S befaae me. ,i'ytrtdtz=of IZtL t Sandra J. Modem taw mdewilow Re" Few -- sppewed V. art wwd.»i id C. ane: •k_ RRpatoadb Raewaaa a01 Q prowl to m ea the bow of Ream I seidrmw F t* Ia the p1164010 wbo eaooatad 1001 WkMR inowmat oa behalf of the p R awfwp. and sem,~ to ate flat tb pmums ip *reared it. a • NCM6a.! � baN wad afGtbd mod. 02 11/11/08 12:27 vvmffw 1934000Z37 1%Numbw. P'14t1474 A TRACT OF LAND BEING LATS ANDA PORTION OF LAT 4. BL= 4. CENTRAL VALLEY CORPORATE PARK NO.3 (A RECORDED SUBDM31ON ON FILE M BOOK 61 OF PLAT$ AT PAGE III= AND SCSI, RECORD$ OF ADA COUNTY. KW 4). SITUATED IN THE NORTHwg$T QUARTER OF Tm SOUTHWEST QUARTER OF SECTION 16. TOM 40P 3 NORTH. RAMIE I MU. SOM4WAYAK ADA COUNTY, IDAHO, LYMG SOUTHERLY OF A L'NE DIESORIBEO AS FOLLOWS; COMMENCING AT A FOUND BRA= CAr MONUMVI TING THE $OUT111 3T CORNEA OF SAID SECTION 18. THENCE ALONG THE WESTERLY UNE OF SAID SOUTHW1saT QUARM NORTH 01 DEGREE CrW EAST A DISTANCZ OF 26W.2o FEET TO A FOUND BRASS CAP MONUMENTINO THE NORTHWEST CORNCR OF SAb SOUTHWEST QUARTER. THENCE LEAVING SAID WESTERLY UNE AND ALONG THE NORTHERLY UNE OF SAID SOUr MR *T QUARTER, NORTH Ip DEGREES 4S'IT EAST A DISTANCE Of 14M FEET TO A POUND IRON PIPE ON THE EASTERLY RIGHT OF WAY OF EAST RRBT STREET SOUTH MONLWWING THE POINT OF BEGINNING OF CENTRAL VALLEY CORPORATE PARK NO. S (A RECORDED SUBDIVWOH ON FILE IN BOOK 58 OF PLATS AT PAGE UM 6673 AND 6674, AgOURDS OF ADA COUNTY, DAWD; THENCE LEAVING SAID NORTHERLY COVE AND IWONG SAID EASTERLY RIGHT OF WAY SOU 14WESTERLY ALONG THE AMC OF A CIRCULAR CURIE CONCAVE SOUTHEASTERLY A DISTANCE OF WA FEET. SAQ PJRVE HAVING A RADIUS OF /OWN FELT, A CENTRAL ANGLE OF 1! SEES IrV, A FIORD BEARING SOUTH 17 DEGREES 52W WEST, A CHORD DISTANCE OF x.63 FEET TO A FOUND IRON PIPE MONUMENTING THE POINT OF BEGINNING OF &11D CENTRAL VALLEY CORPORATE PARK NO. 3. SAID IRON PIPE ALSO BEING THE NORTHWESTERLY CORNER OF SAID LOT 3; THENCE LEAW40 SND EASTERLY RIMY OF WAY AND ALONG THE NORTHERLY LINE OF SAID LAT 3 SOUTH* DEGREES 68T V EWA DISTANCE OF 2OL14 FEET TO A FOUND STEEL PMI ON THE WESTERLY RIGHT Of WAY OF SOUTH PROGRESS AVENUE, MONIAWRING THE NORTHEASTERLY CORNER OF SAID LOT 7; THENCE LEAVING SND NORTHERLY UNE AND ALONG THE SND WESTERLY RIGHT' OF WAY SOUTH O¢ ORORSES 00'00' WEST A DISTANCE OF 147.66 FEET TO A SEF STET L PN AND THE TRUE PONT OF SBGIINN M OF SAID DESCIRIIIIED UNE; THENCE LI:AW 49 SIID WESTETILY RIGHY OF WAY NORTH 0 DEGREES WIP WEST A DISTANCE OF 266A4 FEET TO A SET STEEL PIN ON SAD EASTERLY IRIGHT OF WAY OF BAST FIRST STREET GOUM AND THE TBRMNUS OF SAID DESCRIBED UNE. Ll 1 HIOGS 133HIS 158I3 1sV3 6 • m4m��mm4�mmommsm mm t ..,.] ...,j ..L ..JJ mmaJJ .. .. ..... ,J ,.j.,� m ow Irf�IIawsm 7 m' mn EK6B 1N[mu31 iq d mmnno..mnti°.]m..Hkmmmmmm.... P g Eli I s 3 n �d H O O SV VN'I OHf10t JO MO StlFINN'1'!! � J mad; PaPYy 9� BaUPmIB 3V13tl i 1 HIOGS 133HIS 158I3 1sV3 6 • m4m��mm4�mmommsm mm t ..,.] ...,j ..L ..JJ mmaJJ .. .. ..... ,J ,.j.,� ,.j. Mb..h,tvhhh� mmnno..mnti°.]m..Hkmmmmmm.... ....—.... g Eli td4OVARML mad; HIOGS 133HIS 158I3 1sV3 O � G WATERTOWER LN. .r 040MO PARK SUB. N0. 2 H NOR ARK SUIS. ft 2 3 4 5 6 7 s. �. C'�i Q >, RAl (D VALLEY ' 0 PORA E PA , K NO 3 4 5 6 6 9 O CQ E. CORPORATE DR O R 2 `, 10 CENTRAL VALLEY VALLE CORP. PARK N0.2 CORP r 1 cr � 17 S K �`��CEN AL QNcr .' �ff�'R 13 ,,P RK" o �2 W ` � f 12 z \� O E. CENTRAL DI 111 r 3 : CENTRAL VALLEYY i i I Cl . CORP PARK NO.4 N 10, 1 -A INTER - AN GE- INTER; ATE RT (h ADA NNS ASSN. 0 5 1997 a MERIDIAN PLANNING & ZONING COMMISSION MEETING: April 8.1997 APPLICANT: R.T. NAHAS CO. AGENDA ITEM NUMBER: 11 REQUEST: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR DRIVE -UP WINDOWS AND TWO BUILDINGS ON THE SAME LOT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY April 3, 1997 Re; Conditional Use Permit Request for 2 drive -up Windows and 2 Buildings on same lot. by R.T. Nahas Co. 1 have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council.: 1. The proposed buildings are situated on adjusted Lot 5, Block 4 of Central Valley Corporate Park No. 3 (see attached mapping). Sanitary sewer and water services were installed in early 1993 into the original lot configuration. Late in 1993, Roylance & Associates prepared a Lot Line Adjustment Record of Survey affecting Lots 3, 4 and 5, Block 4 (see attached mapping). The purpose of this survey was to enlarge Lot 3 for the than proposed Shari's Restaurant. As a result of this survey Lot 5 was also enlarged. The only sanitary sewer and water services that are available to this adjusted lot are the single services that were installed near the southeast corner of the original Lot 5. The Uniform Plumbing Code requires that separate buildings shall be served by separate sanitary sewer and water service lines. The single services could possibly be modified into double services. Assessment fees would be determined during plan review process. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 2. Coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on development plans. 3. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. Mayor, Council and P&Z April 4, 1997 Page 2 4. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs will not be permitted. All signs are subject to review and approval of the Planning & Zoning Department. 5. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 6. All landscaping is to meet the requirements of Ordinance Section 11-2-414.D.2. RECORD OF SURVEY jbr R.T. NAHAS COMPANY LOTS 3, 4. AND 5 BLOCK 4 CENTRAL VALLEY CORPORATE PARK NO 3 BOOK 61 OF PLATS PAGES 6050 AND 6051 RECORDS OF ADA COUNTY IDAHO SITUATED IN THE NW 1/4 OF THE SW 1/4 SECTION 18 T3N R1E BM ADA COUNTY IDAHO IN CORNER V 1/4 :CTION 18 'drf• No.7640699 in N p In co N OULTA 0 '37' 8" 16'16'26" 04'26'52" 12'17'33" 18'54'23" z Z QW W m p �o V) o N Z a m RNER )N 18 No.8946891 N 89'42'17" E 148 54' FOUND IRON PIPE -7 POINT OF BEGINNING CENTRAL VALLEY CORPORATE PARK N0. 2 �I c% 0 (/J C E N T R A L V A L L E Y C O R P O R A T E P A R K N 0. 2 /—FOUND IRON PIPE / POINT OF BEGINNING // CENTRAL VALLEY CORPORATE PARK NO. 3 Ld I \ S69.56. Q 0" ?g6.74. F 25.00' 5.00' AS INSTRL 100 AND 0939 \ 3 it 10.00' 1.201 ACRES o 9'00" 01 N IL N 297.27•= Z I N I 4 FROM AN AC N 8324'16' W `p I I 295.94' o O 30' EASEMENT RIGHTS REUNQUISHED INSTRUMENT NUMBERS (SEE NOTE 1) tv p N to N 87'45'00" W 296.60' U 1.171 ACRES N U 5 N I s.00' 1 .�! S 83'22'00" W _ 303.20' 50 25 O 0 • 5 30'. I — Q 1 RELINQUISI AS INSTRL 100 AND 0939 W it 0 0 CERA IY I. DAVID H. I IL REGISTERED STATE OF ID FROM AN AC SUPERVISION REPRESENTA 30' ROYLANCE Enginee aF„ m f� n � � n n . on OFYI =ONEm �ddd .Faa p(f, i I i � I Nnd i C4 C4 I ZNZddd �L—' p » cc C Z AK N r N 3 d VIII o� �S to $ dcI dd Y.- x^ion >>= mftft I th S8 _ >130,18 Wx �C�y V F ZWZ r - A WILLIAM G. BERG, JR., City Clerk JANICE•L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMIS- ION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: April 1, 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for Drive -up windows and 2 buildings on same lot BY: R.T. Nahas Co. LOCATION OF PROPERTY OR PROJECT:_ Lot 5, Central Valley Corp. Park No 3 JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GA LIM. & FINAL PLAT) BUREAU OF RE (PRELIM. & FINAL PLAT) CITY FILES 7 OTHER: YOUR CONCISE REMARKS: WILLIAM G. BERG, JR., City Clerk )ANILE i;. SMITH, City Treasurer 3ApY i.1. 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. WOLFKI EL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: April 1, 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST:_ Conditional Use for Drive -up windows and 2 buildings on same lot BY: R.T. Nahas Co. LOCATION OF PROPERTY OR PROJECT:Lot 5, Central Valley Corp. Park No. 3 JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES � - � S— OTHER:q 17 YOUR CONCISE REMARKS: LL. O E5 w-iG A)k%Q „ CITY PLANNER / e. t`ITY OI Maw MCU -10-97 ADA COUNTY HIGHWAY DI Planning and Development,Divisi Development Applicatio wAort Progress Ave s/o The applicant is requesting conditional use approval to , parcel, one of the buildings has a drive-thru window.' side of Progress Avenue west of E. 1st Street, a tel Drive Lot 5, Block 4, of Central Valley Corpo o. estimated to generate 1,465 additional vehiclu trips e Transportation Engineers Trip Generatio,__an Roads impacted by thisdevelop. Avenue EW irst Street buildings wo buildings on the same kW site is located on the west t south of East Central M's development is on the Institute of ACHD Commission Date - April 9, 1997 - 7:00 p.m. ranklin C N C Wa ower ID p Waltman O d SITE -j y 184 Overland a E Hims 133HIS isHij 1SY3 I i t A N�i f�oehii �n own svO m=IS3AUVH OFIYmJ�'0� SMMt•!'N JE Hims 133HIS isHij 1SY3 I i t A Facts and Findings: A. General Information Owner - R. T. Nahas Co. Applicant - Lary Knopp C -G - Existing zoning 1.17 - Acres 8,060 - Total square feet of proposed 281 - Traffic Analysis Zone (TAZ1 West Ada - Impact Fee Western Cities - I&aci Progress Avenue Local street with no a designation No traffic count- '" ilabl 136 -feet of fro'f Cage 60 -feet existing right-of-wa 0 -feet from centerline) No additional required rigli-of-way Progress Avenue ��proved with a 41 -foot street section with curb, gutter and sidewalk abutting the parcel:` There is no sidewalk across from this parcel. Fast First Street Minor arterial with bike route designation Traffic count 18,387 on 6/27/96 (n/o Gem Street) 200 -feet of frontage 120 to 140 -feet existing right-of-way (60 to 70 -feet from centerline) Comply with ITD for their right-of-way requirements East First Street is improved with a 5 -lane street section with curb and gutter but no sidewalk abutting the site. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. C. The Commission previously reviewed this site on October 4, 1995 (MCU -17-95) requesting conditional use approval to construct a restaurant with a drive-thru window. The current applicati ;>n is requesting approval of the restaurant plus a retail building on the same site. D. The site is currently undeveloped. MCU 1097.COM Page 2 K. transportation and other trip reduction measures carpools, bicycle and walking enhancements). An annual survey will be required of the TM, transportation programs and forwarded to the Staff recommends that the applicant should easement for the parcels to the north and sg streets prior to issuance of a building p, 't intends to require, a similar agreemen ` f�the they are the subject of a future devi me L. As required by D' ict may be placed.4 M. The existing transpo h generated by this ..Propos The following q.:re p#bments are ..a ihu 6 bus ass programs, vanpools, onitor participation in alternative mg Office. ed to a recorded cross access p el for access to the public ed permits). The District :rs a parcels to the north and south if •anon.. Of width, number and locations of driveways, e adequate to accommodate the additional traffic with the requirements outlined within this report. as conditions for approval: Special Request 6f the Applicant: w 1. In order to re ce trips to and from this development, the tenants occupying the proposed building(s) are requested to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. Site Specific Requirements: tp 31{� 1. The applicant should be required to construct 5 -foot sidewalk on E. 1st Street. rilP- . 2. Reconstruct the existing curb cut driveway located approximately 54 -feet south of the north property line as a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii. 3. Pave the driveway its full required width of 24 to 30 -feet to at least 30 -feet beyond the edge of pavement of Progress Avenue. `4. Provide rre orded cross access e'�ement for the pa els to the north -and south to use this parcelor ac%ss to the public streets�Prior to issbance f a building perm&(or othevrequired �., perm�'"t s). The District ante ds to re uie a similar a ree ent of the owners bf the arcels to \"'� I q g �tne. horti: and south�itthey are the subject of a future development application. 5. The applicant has not proposed any direct lot access to E. 1st Street and none are approved with this application. MCU 1097.COM Page 4 6. Construction, use and property development shall requirements of the Ada County Highway District occupancy. 7. No change in the terms and conditions of this appy, be valid unless they are in writing and signed by the applicant or the applic 's a representative and an authorized representative of the Ada County A ff Di a burden shall be upon the applicant to obtain written confirmation of - i fro a Ada County Highway District. 8. Any change by the applicant in tho= Ianne se of a property which is the subject of this application, shall require the a p t tos, pl ith all rules, regulations, ordinances, plans, or other re latory res force at the time the applicant or its successors in " " dvise ' hwa istrict of its intent to change the planned use of the subject prop e a wad a ance of said requirements or other legal relief is granted pursuant to --tT a ec J e time the change in use is sought. Conclusion of 1. ACHD requirements are ffitended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity unpacted by'the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. R- - •ISM .i MCU 1097.COM Page 6 CCENTRAL CEN I RAL DISTRICT HEALTH DEPART MENT C, DISTRICT Environmental H pl'1' HEALTH ealth Division REcEI� Boise DEPARTMENT MAI{ 2 s iR.CEfl Eagle Rezone #r -MO; , i EREl Garden city -� Conditional Use # %S/'/(/� Uri y�/%1DoL�+S ,�Bi//�/�✓GS leridian Preliminary / Final / Short Plat ❑ Kuna❑ ACZ ?v7- Plwk 4+3 ❑ 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. in 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ,I�11 central sewage ❑ community sewage system ❑ community water well ❑ interim sewage -E!� 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 SIO. SereetRunoff is not to create a mosquito breeding problem. ❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center 15. ❑ beverage establishment ❑ grocery store W&X-0-01 *AEN- i {� lc,,r- S7y r M wl TFm Zu /`I.0 f P M --"W Date: C3/ -41f7 S W EforLE AiS 1,- Reviewed By: '�'-- -"& -7-AC- S4 b &V 2 c=— . (DHD 10191 rcb, rev. 1/95 Review Sheet 26 March 1997 City of Meridian 33 East Idaho Meridian, ID 83642 RECEWI ED APR p 3 1947 CITY Or WERIO)AA 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE.- Conditional Use Permit - R. T. Nahas Co. Lot 5, Central Valley Corporate Park No. 3 Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343.1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. A# laterals and waste ways must be protected. A# municipal surface drainage must be retained on site. if any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bill Henson, Asst. Water Superintendent NA MPA & MERIDIAN IRRIGATION DISTRICT BH: d/n PC: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1 April 1997 Larry Knopp, Architect 355 South Third Street Boise, ID 83702 i 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Retail, Commercial (CVCP #3) Dear Mr. Knopp: 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 R. T. Nahas Company City of Meridian enc. coopy APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. -BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Department (208) 8117-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: April 1, 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for Drive -up windows and 2 buildings on same lot BY: R.T. Nahas Co. LOCATION OF PROPERTY OR PROJECT: Lot 5. Central Valley Corp. Park No 3 JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P/Z GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C - CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES CIS % MERIDIAN CENTRAL VALLEY CORPORATE PARK July 17, 1996 Shari Stiles Planning Director and Zoning Administrator 33 E. Idaho Meridian, ID 83642 Dear Shari, I am working on a concept for two small retail buildings on the lot between Sharis and the Best Western Motel. One of the proposed buildings has drive -up windows. Previously the city approved a drive -up for Schlotzsky's Deli at this site. I presume that we won't have to go through a re -approval for this similar use. Please let me know. Cordially, Bob Nahas BN/cs 102 S. 17th, Suite 300 • Boise, Idaho 83702 • (208) 336-6661 MERIDIAN CITY COUNCIL MEETING: May 20.1997 APPLICANT: R.T. NAHAS ITEM NUMBER; 11 REQUEST:REQUEST FOR A CONDITIONAL USE PERMIT FOR TWO BUILDINGS WITH DRIVE UP WINDOW AGENCY COMMENTS CITY CLERK: MINUTES FROM 4-8-97 P & Z CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission April 8, 1997 Page 15 Johnson: We have a motion and a second to recommend approval of the preliminary plat to the City Council all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Mr. Chairman, point of clarification, is that with conditions of staff with exception of the one item that Gordon talked about on the City Engineer's comments? Oslund: It doesn't appear, not explicitly. Not being one to take back my motions let's see how I can weasel out of this one. It is going to go to Council and it is going to have another public hearing and you will be there and you can tell them your concerns and we are all set. (End of Tape) ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR DRIVE UP WINDOWS, AND 2 BUILDINGS ON THE SAME LOT BY R.T. NAHAS CO.: Johnson: I will now open the public hearing and ask the applicant or the applicant's representative to address the Commission at this time. Larry Knopp, 355 South 3`d Street, Boise, was sworn by the City Attorney. Knopp: We are submitting a conditional use on two buildings and two drive up window facilities on a lot out at Corporate Valley, Central Valley Park. The buildings are approximately 4,000 square feet each. They are retail commercial in nature. The one building the tenant in building A he has one tenant that is florist. Building B that has a drive up facility on it is a coffee drive up, fast food, coffee, espresso. That is why we are asking for the drive up window facility. Located one on each end of the building, we don't know if both of them will be used. The owner wanted the flexibility as far as lease space goes to have the option on drive up window. That is why we are requesting two of them on that one building. Johnson: Anything else or is that it? Knopp: I think that is about it. Johnson: Any questions of the applicant's representative? MacCoy: I do, how about your building. -.'elevation construction (inaudible) Knopp: It will be a combination brick and stucco. We will also have some fabric awnings that will be decorated and designed over the window areas. MacCoy: And your roof is? Meridian Planning & Zoning Commission April 8, 1997 Page 16 Knopp: It is a flat roof so it will be a build up system. We have a parapet wail that goes up there that is capped off with a metal capping. So there is no roof that you see on it. We have the parapet that goes completely around both buildings because these buildings are visible from all directions. We have got that up so it is screened and has good visibility or good design on all four sides. MacCoy: Are they being architecturally designed or is that just the contractor doing it, how are you coming up with your design? Knopp: I did the design, we did the design in my architectural firm.. MacCoy: If you have attended any of our meetings here, to do with lighting, it is a real concern of ours because we don't want to end up with something which is glaring or not very nice to look at. We don't (inaudible) I worry about cars coming off and being blinded by the glare, what do you plan to do about your exterior lighting? Knopp: The parking lot and the site lighting will be your standard site lighting which is about a 20 foot pole. Some of them will be a single and some of them will be double shoe box (inaudible). So it will be a standard that is within the guidelines of Central Valley Corp. CC&R's. The building itself will have some accent lighting on it that just accent for the building itself. The awnings will have some backlit lighting on it but it is just for the awnings and for the windows itself. That is all. Johnson: Anyone else have any questions? Borup: I have a couple, apparently this lot is a: re -division of a lot and a half from the original. It appears that the sewer line that there are not two sewer stubs on the property for both buildings, has that been Knopp: That has been questioned, I don't know if it has been clarified but we will have to provide separate sewers for each building. Borup: So that may need to be a new sewer stub out in the main line, if that were (inaudible) Knopp: I don't think so, I think what we can do is probably go with a separate connection and service that convenient to the lot itself, if it is a 6 inch service that is stubbed in out there. That item we;. will have to address and make sure we will accommodate that. Borup: I would like to clarify that with the engineer Mr. Smith. Smith: I don't know the plumbing code requirements, once it gets to the street it is still the owners sewer service. I don't know if those are 6 inch services or not I don't recall. Meridian Planning & Zoning Commission April 8, 1997 Page 17 Some of them were 6 inch services into manholes. I can't speak to the plumbing code requirements as to whether that would be acceptable or not. Borup: Whether both buildings could Y into the same stub? Smith: Yes, I don't know Borup: But you are aware that may be? Knopp: Yes we are Borup: The other question I had it appears you will be constructing a 5 foot sidewalk on East First, that was in the ACHD comments. Knopp: I guess they are going to make us put money in a trust on that. There is no construction at this time but they want it in a trust fund. Borup: So they decided not to do that at this point. Question that led to is there doesn't appear to be an pedestrian access from that sidewalk to the building. Someone coming from there would either need to cut across through your landscaping strip or walk clear around which I doubt is going to happen. Have you given any thought to a small pedestrian access coming from East First? Knopp: I think that this project along with the balance of the projects that are on this development and on First Street would have to address that on an individual basis when and if the sidewalk goes in. There is no sidewalk from the entrance of Central Valley Court back out. ACHD has indicated to me that they will or that the State of Idaho is looking at hanging a pedestrian walk on the overpass at some time in the near future. Which nobody is sure when that will be. So at this point in it is pretty iffy if there will even be one there. I had the same question to Larry Sale at ACHD this is the last lot that is not developed on First Street in this subdivision. Nobody else is required to trust the sidewalks or fund the sidewalks, so we are the first and the last. They are just trying to get the money in place in case. Borup: The other question I had and ACHD comments and concern about traffic on Progress because of the street width. This is probably a minor thing but the other thing it brought to mind was a comment recently and I realize it is a whole different situation, but Fairview Avenue and a cross connection between parking lots. Saying that cross connections between parking lots can decrease the traffic out on the street that they need to tum out on. Was there any, consideration of any cross connection on this project? Knopp: We went through that at the tech review meeting with ACHD, they like to address that and like to try and get that done as often as they can. They, we went Meridian Planning & Zoning Commission April 8, 1997 Page 18 through it and they decided that was not feasible on this project since the other properties were already developed. Borup: Was it because of the drainage there? Knopp: No, I don't think it was a drainage per say, I think it was a combination of sites already being developed, parking lot egress, ingress already established. The fact that they didn't, it didn't seem to them to impact one way or another if it was going to be, if it joined egress, ingress with the neighbors would function that way. Borup: I meant cross connection between the parking lots is what I was referring to. Knopp: They didn't address cross connection at all, it was just ingress, egress. Borup: That just looked like, it looked like they were concerned about future traffic on there and really that would be more concern for the developer because his future projects in there are going to be impacted if traffic is too heavy. That may be a minor correction or a minor (inaudible). Knopp: I think what you also received was a out a revised copy of what we had discussed meeting. There were a bunch of items on appropriate anymore. Johnson: Any other comments or questions? draft copy from ACHD, they did not send and what we had agreed on at the tech that list that ACHD put out that is not MacCoy: If Keith is finished, I have one other one. You have met with Shari Stiles? Knopp: Yes I have MacCoy: High visibility area and landscaping is a real key to this thing. What you have shown here is on your plan is acceptable (inaudible) plan to resubmit something? Knopp: She indicated to me that it was very acceptable with her. I had a very detailed landscape plan done by a landscape architect to accommodate the landscaping on this project. Johnson: Do you have a comment counselor? Fitzgerald: Yes, one question, in reviewing the application, there is a letter from Arthur F. Pocock, do you know who is that? Knopp: I don't know. Meridian Planning & Zoning Commission April 8, 1997 Page 19 Johnson: Thank you, this is a public hearing, is there anyone else that would like to talk to the Commission about this? Any further discussion? 1 will close the public hearing at this time. This is a conditional use permit it requires findings of fact. Oslund: Mr. Chairman, I move that we direct the City Attorney to prepare findings of fact for this application. MacCoy: Second Johnson: It is moved and seconded that we have the. City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT AND BAR WITH LIQUOR LICENSE BY ROCKETS INC. (STEVE YOUNGERMAN): Johnson: At this time I will open the public hearing and ask Mr. Youngerman to address the Commission. Steve Youngerman, 5451 South Caper Place, Boise, was sworn by the City Attorney. Youngerman: We are going to have, it is going to be a 6,000 square foot building, 230 seats, 160 in the dining room, 70 in the bar. The dining area will be non-smoking, the bar will be the smoking area. American cuisine, science fiction theme, lunch and dinner not breakfast. Johnson: Any questions of Mr. Youngerman from the Commissioners? Borup: I assume you have read all of the staff comments and no questions (inaudible) I do have a couple on the ACHD comments. One was comment E talking about the irrigation ditch. They were concerned about it being on the right of way. Youngerman: It has all been settled. Borup: Okay because it looked to me like (inaudible) Youngerman: There was a question between where Gem Street is supposed to be. That has all been settled and there has been an agreement signed between the developer and ACRD. We are going to and if you notice there were comments from Nampa Meridian Irrigation District. Right now the developer is entering into an agreement with them to the the ditch in the fail when there is no water in it. That is what the plat shows, but if you read the comments the comments of the irrigation district it almost acts like they haven't heard about it. WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt, SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Budding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY April 3, 1997 Re; Conditional Use Permit Request for 2 drive -up Windows and 2 Buildings on same lot. by R.T. Nahas Co. I have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council. 1. The proposed buildings are situated on adjusted Lot 5, Block 4 of Central Valley Corporate Park No. 3 (see attached mapping). Sanitary sewer and water services were installed in early 1993 into the original lot configuration. Late in 1993, Roylance & Associates prepared a Lot Line Adjustment Record of Survey affecting Lots 3, 4 and 5, Block 4 (see attached mapping). The purpose of this survey was to enlarge Lot 3 for the than proposed Shari's Restaurant. As a result of this survey Lot 5 was also enlarged. The only sanitary sewer and water services that are available to this adjusted lot are the single services that were installed near the southeast corner of the original Lot 5. The Uniform Plumbing Code requires that separate buildings shall be served by separate sanitary sewer and water service lines. The single services could possibly be modified into double services. Assessment fees would be determined during plan review process. Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 2. Coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on development plans. 3. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. Mayor, Council and P&Z April 4, 1997 Page 2 4. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs will not be permitted. All signs are subject to review and approval of the Planning & Zoning Department. 5. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 6. All landscaping is to meet the requirements of Ordinance Section 11-2-414.D.2. RECORD OF SURVEY for R.T. NAHAS COMPANY LOTS 3, 4, AND 5 BLOCK 4 CENTRAL VALLEY CORPORATE PARK NO 3 BOOK 61 OF PLATS PAGES 6050 AND 6051 RECORDS OF ADA COUNTY IDAHO SITUATED IN THE NW 1/4 OF THE SW 1/4 SECTION 18 T3N RIE BM ADA COUNTY IDAHO IN CORNER V 1/4 :CTION 18 '&F No.7640699 'Dr N O Lo ID N DELTA 02'37'58" 16'16'26" 04'26'52" 12'17'33" 18'54'23" z z Cif w a, w v m o O oN N O N Z m 3 z IN 18 N 89'42'17' E 148.54' FOUND IRON PIPE POINT OF BEGINNING -7 CENTRAL VALLEY CORPORATE PARK N0. 2 <LZ J u"' 0 C E N T R A L V A L L E Y C O R P O R A T E P A R K �at(/ N 0. 2 CO a�Z /—FOUND IRON PIPE / POINT OF BEGINNING // CENTRAL VALLEY CORPORATE PARK NO. 3 \ 303.20' 30' Q 0 Ill ir 0 X 0i 30' 50 25 e O 0 • 5 1 RELINQUISF AS INSTRL AND 0939 CERT I, DAVID H. i REGISTERED STATE OF ID FROM AN AC SUPERVISION REPRESENTA DAVID H. RO ROYLANCE Enginee ,,F,, u S69. 6g Ss 00" r" 25.00'co \ 5.00'ir \ IL v 3 W m 10.00' `r 1.201 ACRES n N N 79'00'00• CI N to n\ W I _267.27= cel n 'ey I4 N 83'24'76" W o Lu io I 295.94' oo; a o b to Q EASEMENT RIGHTS RELINQUISHED INSTRUMENT NUMBERS (SEE NOTE 1) � C n O CO N N Z N 87'45'00':w -296.60'-- U C a 1.17 ACRES Ln U z 5 N I o 'D J O U J J 5.00' — I -� S 83'2200 W �- 303.20' 30' Q 0 Ill ir 0 X 0i 30' 50 25 e O 0 • 5 1 RELINQUISF AS INSTRL AND 0939 CERT I, DAVID H. i REGISTERED STATE OF ID FROM AN AC SUPERVISION REPRESENTA DAVID H. RO ROYLANCE Enginee ,,F,, Max i� ._ N �1,mm li V U,~Nto I ul CR Or)r N inn ,"1 N Iddd O -Ioil � U n o + p WW > 8 m � i�-,8 icy mo r= m N 8 J c�i �� irQ N as W� o g?>2 I ,ecr-is W + ^cn r1F'N r m� haa P iS \\ In INN ID yF`n� ••:�� m a la �� <'n 3�F' I rS a >» 3M pN �aK 15Vlaa Z?N I --- ai U ?Wz BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION R.T. NAHAS CO. CONDITIONAL USE PERMIT FOR TWO BUILDINGS WITH DRIVE -UP WINDOWS LOT 5, CENTRAL VALLEY CORPORATE PARK NO. 3 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on April 8, 1997, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, a representative of the Applicant, Larry Knopp, hereinafter referred to as the "Representative," appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 8, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 8, 1997 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. R.T. NAHAS CO. 2. The property included in the application for a conditional use permit is described in the application, and by this reference is incorporated herein, as if set forth in full. This property is located within the City of Meridian, Ada County, state of Idaho north of Interstate 84 bordering East 1st Street (Meridian-Kuna Road). 3. The Applicant is the owner of record of the property. Submitted with the application for a conditional use permit is a letter from Arthur F. Pocock authorizing Robert W. Nahas or his representative to apply for a conditional use permit for two drive through windows for one of the proposed buildings. Pursuant to this letter, Mr. Pocock further agrees to pay any additional sewer, water, trash fees or other charges associated with the proposed use. This letter from Mr. Pocock is incorporated herein as if set forth in full. 4. Pursuant to the application, the property is vacant and not in use. The proposed conditional use of the property is for two buildings for retail and commercial use. 5. The Representative testified substantially as follows. The application for a conditional use permit is for two buildings and two drive up window facilities on the property. The two buildings are respectively 4,000 square feet in size. The nature of the use of the two buildings will be retail/commercial. The tenant of the first building (Building A) will be a florist. The tenant of the second building (Building B) will be a fast food, coffee/espresso restaurant, which necessitates the need for drive - FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. R.T. NAHAS CO. up windows. The drive -up windows will be located at each end of the building; however, the Representative testified that he does not know whether both of the drive -up windows will be used by the tenant. Because the Applicant wants flexibility with regard to lease space and the option of drive -up windows, the Applicant is requesting two drive -up windows on the second building (Building B). 6. In response to questions of Commissioner MacCoy, the Representative testified substantially as follows. The construction of the buildings will consist of a combination of brick and stucco. There will be decorated and designed fabric awnings over the window areas of the buildings. The roofs will be flat with a build up system. There will be a parapet wall capped off with a metal capping around all sides of the buildings, which will result in the inability to see the roof of each building. The screening of the roof provides a good design for all four sides of the buildings. 7. In response to questions of Commissioner MacCoy, the Representative testified substantially as follows. The Representative's architectural firm designed the buildings. The parking lot and site lighting will be standard site lighting which amounts to lights mounted on poles 20 feet in height. The light poles will be a mix of single and double shoe box. The lighting of the site will be in accordance with the guidelines of the covenants, conditions and restrictions of the Central Valley Corporate Park. The buildings will have some accent lighting on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. R.T. NAHAS CO. them to accent the buildings. The awnings will have some backlit lighting just for the awnings and window areas. 8. In response to questions of Commissioner Borup, the Representative testified substantially as follows. The Applicant will provide separate sewers for each building on the property. The Representative does not believe a new sewer stub will be required to provide separate sewers to each building. He believes that a separate connection and service can be provided through one service line if the size of the service line is six inches; however, he will work to accommodate and resolve such issue. 9. In response to a request for clarification by Commissioner Borup, City Engineer Gary Smith stated substantially as follows. He does not know the plumbing code requirements. He does not know or cannot recall whether the service lines are six inches. Some of the service lines are six inches into manholes. However, he cannot speak to the requirements of the plumbing code. Specifically, he does not know whether both buildings on the property could be connected into one sewer service line. 10. In response to the questions of and the request for clarification by Commissioner Borup, the Represenative substantially testified that the Applicant is aware of the potential problem with regard to the connection of the buildings to one sewer stub. 11. In response to further questions of Commissioner Borup, the Represenative testified substantially as follows. The Ada County Highway District is making the Applicant deposit funds into FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. R.T. NAHAS CO. the trust account for the construction of a five feet sidewalk along East 1st Street. The five feet sidewalk along East 1st Street will not be presently constructed. Commissioner Borup commented that there does not appear to be pedestrian access to the buildings from the sidewalk to be constructed along East 1st Street. The pedestrians would have to walk through the landscaping of the property or around the property. In response, the Representative testified that pedestrian access to the property from the sidewalks to be constructed on East 1st Street need to be addressed on a case by case basis when the sidewalks are constructed. There exist no sidewalks from the entrance of Central Valley Corporate Park to the south. Ada County Highway District has indicated to the Representative that it will or the state of Idaho is considering construction of a pedestrian walk at the Interstate 84/East 1st Street (Meridian-Kuna Road): overpass some time in the near future; however, it is questionable whether this pedestrian walk will be constructed.. The property is the final lot along East 1st Street to be developed. Funds were not required to be deposited into the trust account when the other lots in Central Valley Corporate Park No. 3 along East 1st were developed; this property is the first and the last which is required to deposit funds for the sidewalks into the trust account. Ada County Highway District is attempting to place money in the trust account just in case of the construction of the sidewalk. 12. In response to further questions of Commissioner Borup, the Represenative testified substantially as follows. At the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. R.T. NAHAS CO. technical review meeting with Ada County Highway District, the issue of cross connection to adjacent lots was not specifically discussed. The issue of access (ingress and egress) to the property was discussed. Ada County Highway District decided that alteration of the means of ingress and egress to the property was not feasible because the other lots had already been developed. Their conclusion was not based upon drainage per se. Rather, the Representative thought the decision was based upon the adjacent lots having already been developed with parking lot ingress and egress already established. The Representative further commented that the comments from Ada County Highway District were draft comments, some of which are no longer appropriate based upon what the Applicant and the District agreed to at their meeting. 13. In response to further questions of Commissioner MacCoy, the Represenative testified substantially as follows. The Representative has met with Shari Stiles, Planning and Zoning Administrator. Ms. Stiles indicated to him that the proposed landscaping was acceptable to her. He has had a very detailed landscape plan completed by a landscape architect to accommodate the landscaping requirements on the proposed project. 14. With reference to the letter of Arthur F. Pocock, the Representative testified that he does not know who this person is. 15. "Drive -In Establishment" is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as, IlAn establishment (other than a service station or truck stop) which is designed to accommodate the motor vehicles and patrons in such FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. R.T. NAHAS CO. manner as to permit the occupants of such vehicles, while remaining therein, to make a purchase or to receive services." 16. The property is currently zoned (C -G) General Retail and Service Commercial. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Commercial, although restaurants and retail stores are permitted uses on property zoned (C -G) General Retail and Service Commercial, Drive -In Establishments are listed as a conditional use on property in the C -G district. Therefore, in the C -G district a conditional use permit for the operation of a Drive -In Establishment or to have drive -up windows is required. 17. The (C -G) General Retail and Service Commercial district is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: (C -G ) 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 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. 18. 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." 19. Although restaurants and retail stores are permitted uses on property zoned (C -G) General Retail and Service Commercial, the Applicant's proposed use incorporating drive -up windows is a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. R.T. NAHAS CO. specifically allowed conditional use in the Zoning Schedule of Use Control, 11-2-409 B. 20. The Ada County Highway District submitted comments and may in the future submit further comments on the subject application, which comments are incorporated herein as if set forth in full, and the comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. 21. Bruce Freckleton, Assistant to the City Engineer, submitted comments and mappings which comments and mappings are incorporated herein as if set forth in full. His comments included the following: a. The proposed buildings are situated on adjusted Lot 5, Block 4 of Central Valley Corporate Park No. 3. Sanitary sewer and water services were installed in early 1993 into the original lot configuration. Late in 1993, Roylance & Associates prepared a Lot Line Adjustment Record of Survey affecting Lots 3, 4 and 5, Block 4. The purpose of this, survey was to enlarge Lot.3 for the then proposed Shari Ia Restaurant. As a result' of the survey, Lot 5 was also enlarged. The Uniform Plumbing Code requires that separate buildings shall be served by separate sanitary sewer and water service lines. The single services could possibly be modified into double services. Assessment fees would be determined during the plan review process. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian; b. The Applicant is to coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent's and Meridian Fire Department's policies; C. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; d. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. R.T. NAHAS CO. will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department; e. Screened trash enclosures are to be provided in accordance with City Ordinance. The Applicant is to coordinate dumpster site locations with the City's solid waste contractor and locate dumpsters so as not to impede fire access; and f. All landscaping is to meet the requirements of Ordinance Section 11-2-414 D 2. 22. Shari Stiles, Planning and Zoning Administrator, has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 23. The Meridian City Police Department submitted comments, which comments are incorporated herein as if set forth in full. 24. The Meridian Fire Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that all codes will have to be met. 25. The Meridian Sewer Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that if the development of the property includes restaurants, each restaurant will be required to have a 1,000 gallon or more grease interceptor. A final determination of such requirement will be on schematic internal plumbing plans. 26. Central District Health Department submitted comments which comments are 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. R.T. NAHAS CO. breeding problem; and that it recommends stormwater run-off flow into a grassy swale before discharging to the subsurface. 27. The Nampa & Meridian Irrigation District submitted comments, 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. 28. There were no other comments by the public. regarding this application. CONCLUSIONS -OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City 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 10. R.T. NAHAS CO. 3. The City of Meridian 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. The Planning and Zoning Commission judges this application for a conditional use 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. R.T. NAHAS CO. 7. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of 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. Although restaurants and retail stores are permitted uses on property zoned (C -G) General Retail and Service Commercial, the use incorporating drive -up windows would, in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan 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 vehicular approaches 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. R.T. NAHAS CO. g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 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. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to -wit: a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner of the subject property .or to another property; b. The 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 requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Police Department, Meridian Fire Department, Meridian Sewer Department, Central District Health Department, and the Nampa & Meridian Irrigation District, which include, but are not limited to the following: 1. Pursuant to the Uniform Plumbing Code the two buildings shall be served by separate sanitary sewer and water service lines, unless other .acceptable modifications, as determined by the City of Meridian, are made to the single service lines to change it into double service lines. Assessment fees would be determined during the plan review process; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. R.T. NAHAS CO. 2. The Applicant shall enter into an Assessment Agreement with the City of Meridian; 3. The Applicant shall coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent's and Meridian Fire Department's policies; 4. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; 5. All signs shall meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs shall not be permitted. All signs shall be subject to review and approval of the Planning and Zoning Department; 6. Screened trash enclosures shall be provided in accordance with City Ordinance. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor and locate dumpsters so as not to impede fire access; 7. All landscaping shall meet the requirements of Ordinance Section 11-2-414 D 2; 8. Each restaurant shall be required to have a grease interceptor with a minimum capacity of 1,000 gallons, the acceptable capacity subject to review and approval by the City of Meridian; 9. Runoff shall not create a mosquito breeding problem; 10. Stormwater run-off shall flow into a grassy swale before discharging to the subsurface; 11. The Applicant shall file with the Nampa & Meridian Irrigation District a Land Use Change/Site Development application for its review prior to final platting; 12. All laterals and waste ways shall be protected; 13. All municipal surface drainage shall be retained on site, and if any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review the drainage plans; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. R.T. NAHAS CO. 14. The Applicant shall comply with Idaho Code Section 31-3805; and 15. Irrigation water shall be made available to this development. d. The Applicant shall meet the requirements of the Ada County Highway District, including any comments or requirements hereafter submitted. 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 SMITH COMMISSIONER MACCOY COMMISSIONER MANNING CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. R.T. NAHAS CO. DECISION AND RECOMMNDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. R.T. NAHAS CO. WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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:_Aaril 1, 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for Drive -up windows and 2 buildings on same lot BY: R.T. Nahas Co. LOCATION OF PROPERTY OR PROJECT: Lot 5, Central Valley Corp Park No 3 JIM JOHNSON, P2 MALCOLM MACCOY, P/Z RON MANNING, P/Z GREG OSLUND, P/Z KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GA LIM. & FINAL PLAT) BUREAU OF RE (PRELIM. & FINAL PLAT) CITY FILES 7 OTHER: J YOUR CONCISE REMARKS: WILLIAM G. BERG, JR., City Clerk 1ANICE i:. SMITH, City Treasurer 3A°-, u. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. -BILL- GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBER WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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: April 1, 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for Drive -up -windows and 2 buildings on same lot BY: R.T. Nahas Co. LOCATION OF PROPERTY OR PROJECT:_Lot 5, Central Valley Coro Park No 3 JIM JOHNSON, P2 MALCOLM MACCOY, P/Z RON MANNING, P2 GREG OSLUND, P/Z KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 61_u_ 0 5 w: G zweq o CITY PLANNER / 2. Q OC vcj SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary TO: R T Nahas, Company 102 S 17th Street Boise ID 83702 FROM: Karen Gallagher, C Development Servii SUBJECT: MCU -10-97 Progress Ave S/O C(ZILUal ,_,i uildings April 10, 1997 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on April 9, 1997. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. KG cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi City of Meridian Larry R Knopp ada county highway district 318 East 37th 9 Boise, Idaho 83714-6499 9 Phone (208) 345-7680 MCU -10-97 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Progress Ave s/o Central Dr Restaurant/retail buildings The applicant is requesting conditional use approval to construct two buildings on the same parcel. One of the buildings has a drive-thru window. The 1.17 -acre site is located on the west side of Progress Avenue east of E. 1st Street, approximately 375 -feet south of East Central Drive, Lot 5, Block 4, of Central Valley Corporation Park No. 3. This development is estimated to generate 1,465 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Progress Avenue East First Street ACHD Commission Date - April 9, 1997 - 7:00 p.m. 1. r MV 553acaud j i Jul w� rrrw��f�r.rrw 1wm1 _ d" :..o„ �. S 3A8vH OFIYm 1O'm SNM/ 1'!! � J *or � Tarr 1 i r MV 553acaud j i Facts and Findings: A. General Information Owner - R. T. Nahas Co. Applicant - Larry Knopp C -G - Existing zoning 1.17 - Acres 8,060 - Total square feet of proposed building 281 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Benefit Zone Western Cities - Impact Fee Assessment District Progress Avenue Local street with no pathway designation No traffic count available 136 -feet of frontage 60 -feet existing right-of-way (30 -feet from centerline) No additional required right-of-way Progress Avenue is improved with a 41 -foot street section with curb, gutter and sidewalk abutting the parcel. There is no sidewalk across from this parcel. East First Street Minor arterial with bike route designation Traffic count 18,387 on 6/27/96 (n/o Gem Street) 200 -feet of frontage 120 to 140 -feet existing right-of-way (60 to 70 -feet from centerline) Comply with ITD for their right-of-way requirements East First Street is improved with a 5 -lane street section with curb and gutter but no sidewalk abutting the site. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file numbers) for details. C. The Commission previously reviewed this site on October 4, 1995 (MCU -17-95) for a conditional use approval to construct a restaurant with a drive-thru window. The current application is requesting approval of a restaurant with a drive-thru window plus a retail building on the same site. D. The site is currently undeveloped. MCU 1097.COM Page 2 K. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. L. The existing transportation system will be adequate to accommodate the additional traffic generated by this proposed development with the requirements outlined within this report. The following requirements are provided as conditions for approval: Special Request of the Applicant: 1. In order to reduce trips to and from this development, the tenants occupying the proposed building(s) are requested to participate in any Transportation Management Association (TMA) or Transportation Management Organization (TMO) that is formed with a boundary that includes this site or is adjacent to this development. Site Specific Requirements: 1. Provide a $1,700.00 deposit to the Public Rights -of -Way Trust Fund for the cost of constructing a 5 -foot wide concrete sidewalk on E. 1st Street abutting the parcel (approximately 200 -feet) prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 2. Construct a 24 to 30 -foot wide curb return driveway with 15 -foot curb radii on Progress Avenue, located as proposed 22 -feet south of the north property line. 3. Pave the driveway its full required width of 24 to 30 -feet to at least 30 -feet beyond the edge of pavement of Progress Avenue. 4. The applicant has not proposed any direct lot access to E. 1st Street and none are approved with this application. 5. Other than the access point specifically approved with this application, direct lot or parcel access to Progress Avenue is restricted. 6. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 345-7667 (with file number) for details. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Development Services Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or ineguity. The written MCU1097.COM Page 4 the subject property unless a waiver/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. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Development Services Division at 345-7662. • D 1-1M-1 MCU 1097.COM Page 6 CCENTRAL •• DISTRICT PWHEALTH DEPARTMENT Rezone # CEN I RAL DISTRICT HEALTH DEPART MENT Environmental Health Division RE0F-IV to: Boise MAK 2 Eagle 1TV AL i ❑ Garden city r-MINIMPleridian Conditional Use #/f/c U1`� y!%/nlD4�nl,5 �Bt//��✓GS Preliminary / Final / Short Plat E] [:1 [:1KunKun 7 Z f r P,17ek -# 3 ❑ 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. ❑ S. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ❑ community sewage system ❑ community water well ❑ interim sewage central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water 910. Street Runoff is not to create a mosquito breeding problem. ❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection ❑ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ,® IS. ❑ beverage establishment ❑ grocery store c3 W P-eC- MAA E N -a Gem JTo pe M WArTEIT r -u 4 -0 r � �w Date: n�Ti7 •2A S3' �►+ - E�oKE �IS `rn+ Reviewed By: cl- CDHD 10/91 rcb, rev. WS Review Sheet 26 March 1997 City of Meridian 33 East /daho Meridian, ID 83642 RECEIVED APR 0 ? 1g97 IXY Of WERIDIAt, 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE: Conditional Use Permit - R. T. Nahas Co. Lot 5, Central Valley Corporate Park No. 3 Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. 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. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. . Sincerely, Bill Henson, Asst. Water Superintendent NA MPA & MERIDIAN /RR/GAT/ON DISTRICT BH: d/n PC: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1 April 1997 Larry Knopp, Architect 355 South Third Street Boise, ID 83702 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345.2431 RE: Land Use Change Application for Retail, Commercial (CVCP #3) Dear Mr. Knopp: 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 R. T. Nahas Company City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 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. SHAWCROFI; Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. -BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 8884443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations Will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: April 1. 1997 TRANSMITTAL DATE: 3/18/97 HEARING DATE: 4/8/97 REQUEST: Conditional Use for Drive -up windows and 2 buildings on same lot BY: R.T. Nahas Co. LOCATION OF PROPERTY OR PROJECT: Lot 5. Central Valley Corp Park No 3 JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 GREG OSLUND, P2 KEITH BORUP, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM. & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO. (PRELIM. & FINAL PLAT) U.S. WEST (PRELIM. & FINAL PLAT) INTERMOUNTAIN GAS (PRELIM. & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM. & FINAL PLAT) CITY FILES CITV OF MERIDIAN MERIDIAN PLANNING & ZONING COMMISSION MEETING: May 13.1997 APPLICANT: R.T. NAHAS AGENDA ITEM NUMBER: 1 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR TWO BUILDINGS WITH DRIVE UP WINDOWS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION R.T. NAHAS CO. CONDITIONAL USE PERMIT FOR TWO BUILDINGS WITH DRIVE -UP WINDOWS LOT 5, CENTRAL VALLEY CORPORATE PARK NO. 3 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on April 8, 1997, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, a representative of the Applicant, Larry Knopp, hereinafter referred to as the "Representative," appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 8, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 8, 1997 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. R.T. NAHAS CO. 2. The property included in the application for a conditional use permit is described in the application, and by this reference is incorporated herein as if set forth in full. This property is located within the City of Meridian, Ada County, state of Idaho north of Interstate 84 bordering East 1st Street (Meridian-Kuna Road). 3. The Applicant is the owner of record of the property. Submitted with the application for a conditional use permit is a letter from Arthur F. Pocock authorizing Robert W. Nahas or his representative to apply for a conditional use permit for two drive through windows for one of the proposed buildings. Pursuant to this letter, Mr. Pocock further agrees to pay any additional sewer, water, trash fees or other charges associated with the proposed use. This letter from Mr. Pocock is incorporated herein as if set forth in full. 4. Pursuant to the application, the property is vacant and not in use. The proposed conditional use of the property is for two buildings for retail and commercial use. 5. The Representative testified substantially as follows. The application for a conditional use permit is for two buildings and two drive up window facilities on the property. The two buildings are respectively 4,000 square feet in size. The nature of the use of the two buildings will be retail/commercial. The tenant of the first building (Building A) will be a florist. The tenant of the second building (Building B) will be a fast food, coffee/espresso restaurant, which necessitates the need for drive - FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. R.T. NAHAS CO. up windows. The drive -up windows will be located at each end of the building; however, the Representative testified that he does not know whether both of the drive -up windows will be used by the tenant. Because the Applicant wants flexibility with regard to lease space and the option of drive -up windows, the Applicant is requesting two drive -up windows on the second building (Building B). 6. In response to questions of Commissioner MacCoy, the Representative testified substantially as follows. The construction of the buildings will consist of a combination of brick and stucco. There will be decorated and designed fabric awnings over the window areas of the buildings. The roofs will be flat with a build up system. There will be a parapet wall capped off with a metal capping around all sides of the buildings, which will result in the inability to see the roof of each building. The screening of the roof provides a good design for all four sides of the buildings. 7. In response to questions of Commissioner MacCoy, the Representative testified substantially as follows. The Representative's architectural firm designed the buildings. The parking lot and site lighting will be standard site lighting which amounts to lights mounted on poles 20 feet in height. The light poles will be a mix of single and double shoe box. The lighting of the site will be in accordance with the guidelines of the covenants, conditions and restrictions of the Central Valley Corporate Park. The buildings will have some accent lighting on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. R.T. NAHAS CO. them to accent the buildings. The awnings will have some backlit lighting just for the awnings and window areas. 8. In response to questions of Commissioner Borup, the Representative testified substantially as follows. The Applicant will provide separate sewers for each building on the property. The Representative does not believe a new sewer stub will be required to provide separate sewers to each building. He believes that a separate connection and service can be provided through one service line if the size of the service line is six inches; however, he will work to accommodate and resolve such issue. 9. In response to a request for clarification by Commissioner Borup, City Engineer Gary Smith stated substantially as follows. He does not know the plumbing code requirements. He does not know or cannot recall whether the service lines are six inches. Some of the service lines are six inches into manholes. However, he cannot speak to the requirements of the plumbing code. Specifically, he does not know whether both buildings on the property could be connected into one sewer service line. 10. In response to the questions of and the request for clarification by Commissioner Borup, the Represenative substantially testified that the Applicant is aware of the potential problem with regard to the connection of the buildings to one sewer stub. 11. In response to further questions of Commissioner Borup, the Represenative testified substantially as follows. The Ada County Highway District is making the Applicant deposit funds into FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. R.T. NAHAS CO. the trust account for the construction of a five feet sidewalk along East lot Street. The five feet sidewalk along East 1st Street will not be presently constructed. Commissioner Borup commented that there does not appear to be pedestrian access to the buildings from the sidewalk to be constructed along East lot Street. The pedestrians would have to walk through the landscaping of the property or around the property. In response, the Representative testified that pedestrian access to the property from the sidewalks to be constructed on East lot Street need to be addressed on a case by case basis when the sidewalks are constructed. There exist no sidewalks from the entrance of Central Valley Corporate Park to the south. Ada County Highway District has indicated to the Representative that it will or the state of Idaho is considering construction of a pedestrian walk at the Interstate 84/East 1st Street (Meridian-Kuna Road) overpass some time in the near future; however, it is questionable whether this pedestrian walk will be constructed.. The property is the final lot along East lot Street to be developed. Funds were not required to be deposited into the trust account when the other lots in Central Valley Corporate Park No. 3 along East lot were developed; this property is the first and the last which is required to deposit funds for the sidewalks into the trust account. Ada County Highway District is attempting to place money in the trust account just in case of the construction of the sidewalk. 12. In response to further questions of Commissioner Borup, the Represenative testified substantially as follows. At the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. R.T. NAHAS CO. technical review meeting with Ada County Highway District, the issue of cross connection to adjacent lots was not specifically discussed. The issue of access (ingress and egress) to the property was discussed. Ada County Highway District decided that alteration of the means of ingress and egress to the property was not feasible because the other lots had already been developed. Their conclusion was not based upon drainage per se. Rather, the Representative thought the decision was based upon the adjacent lots having already been developed with parking lot ingress and egress already established. The Representative further commented that the comments from Ada County Highway District were draft comments, some of which are no longer appropriate based upon what the Applicant and the District agreed to at their meeting. 13. In response to further questions of Commissioner MacCoy, the Represenative testified substantially as follows. The Representative has met with Shari Stiles, Planning and Zoning Administrator. Ms. Stiles indicated to him that the proposed landscaping was acceptable to her. He has hada very detailed landscape plan completed by a landscape architect to accommodate the landscaping requirements on the proposed project. 14. With reference to the letter of Arthur F. Pocock, the Representative testified that he does not know who this person is. 15. "Drive -In Establishment" is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as, "An establishment (other than a service station or truck stop) which is designed to accommodate the motor vehicles and patrons in such FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. R.T. NAHAS CO. manner as to permit the occupants of such vehicles, while remaining therein, to make a purchase or to receive services." 16. The property is currently zoned (C -G) General Retail and Service Commercial. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Commercial, although restaurants and retail stores are permitted uses on property zoned (C -G) General Retail and Service Commercial, Drive -In Establishments are listed as a conditional use on property in the C -G district. Therefore, in the C -G district a conditional use permit for the operation of a Drive -In Establishment or to have drive -up windows is required. 17. The (C -G) General Retail and Service Commercial district is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: ►�-.�, vC1te!_L31 Me -call ana 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 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. 18. 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.,, 19. Although restaurants and retail stores are permitted uses on property zoned (C -G) General Retail and Service Commercial, the Applicants proposed use incorporating drive -up windows is a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. R.T. NAHAS CO. specifically allowed conditional use in the Zoning Schedule of Use Control, 11-2-409 B. 20. The Ada County Highway District submitted comments and may in the future submit further comments on the subject application, which comments are incorporated herein as if set forth in full, and the comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. 21. Bruce Freckleton, Assistant to the City Engineer, submitted comments and mappings which comments and mappings are incorporated herein as if set forth in full. His comments included the following: a. The proposed buildings are situated on adjusted Lot 5, Block 4 of Central Valley Corporate Park No. 3. Sanitary sewer and water services were installed in early 1993 into the original lot configuration. Late in 1993, Roylance & Associates prepared a Lot Line Adjustment Record of Survey affecting Lots 3, 4 and 5, Block 4. The purpose of this survey was to enlarge Lot.3 for the then proposed Shari's Restaurant. As a result of the survey, Lot 5 was also enlarged. The Uniform Plumbing Code requires that separate buildings shall be served by separate sanitary sewer and water service lines. The single services could possibly be modified into double services. Assessment fees would be determined during the plan review process. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian; b. The Applicant is to coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent's and Meridian Fire Department's policies; C. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; d. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. R.T. NAHAS CO. will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department; e. Screened trash enclosures are to be provided in accordance with City Ordinance. The Applicant is to coordinate dumpster site locations with the City's solid waste contractor and locate dumpsters so as not to impede fire access; and f. All landscaping is to meet the requirements of Ordinance Section 11-2-414 D 2. 22. Shari Stiles, Planning and Zoning Administrator, has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 23. The Meridian City Police Department submitted comments, which comments are incorporated herein as if set forth in full. 24. The Meridian Fire Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that all codes will have to be met. 25. The Meridian Sewer Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that if the development of the property includes restaurants, each restaurant will be required to have a 1,000 gallon or more grease interceptor. A final determination of such requirement will be on schematic internal plumbing plans. 26. Central District Health Department submitted comments which comments are 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. R.T. NAHAS CO. breeding problem; and that it recommends stormwater run-off flow into a grassy swale before discharging to the subsurface. 27. The Nampa & Meridian Irrigation District submitted comments, 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. 28. There were no other comments by the public. regarding this application. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City 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 10. R.T. NAHAS CO. 3. The City of Meridian 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. The Planning and Zoning Commission judges this application for a conditional use 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. R.T. NAHAS CO. 7. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of 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. Although restaurants and retail stores are permitted uses on property zoned (C -G) General Retail and Service Commercial, the use incorporating drive -up windows would, in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan 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 vehicular approaches 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. R.T. NAHAS CO. g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; 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. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to -wit: a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner of the subject property .or to another property; b. The 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 requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Police Department, Meridian Fire Department, Meridian Sewer Department, Central District Health Department, and the Nampa & Meridian Irrigation District, which in but are not limited to the following: 1. Pursuant to the Uniform Plumbing Code the two buildings shall be served by separate sanitary sewer and water service lines, unless other acceptable modifications, as determined by the City of Meridian, are made to the single service lines to change it into double service lines. Assessment fees would be determined during the plan review process; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. R.T. NAHAS CO. 2. The Applicant shall enter into an Assessment Agreement with the City of Meridian; 3. The Applicant shall coordinate fire access and hydrant locations.in accordance with the City of Meridian's Water Superintendent's and Meridian Fire Department's policies; 4. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; 5. All signs shall meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs shall not be permitted. All signs shall be subject to review and approval of the Planning and Zoning Department; 6. Screened trash enclosures shall be provided in accordance with City Ordinance. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor and locate dumpsters so as not to impede fire access; 7. All landscaping shall meet the requirements of Ordinance Section 11-2-414 D 2; 8. Each restaurant shall be required to have a grease interceptor with a minimum capacity of 1,000 gallons, the acceptable capacity subject to review and approval by the City of Meridian; 9. Runoff shall not create a mosquito breeding problem; 10. Stormwater run-off shall flow into a grassy swale before discharging to the subsurface; 11. The Applicant shall file with the Nampa & Meridian Irrigation District a Land Use Change/Site Development application for its review prior to final platting; 12. All laterals and waste ways shall be protected; 13. All municipal surface drainage shall be retained on site, and if any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review the drainage plans; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. R.T. NAHAS CO. 14. The Applicant shall comply with Idaho Code Section 31-3805; and 15. Irrigation water shall be made available to this development. d. The Applicant shall meet the requirements of the Ada County Highway District, including any comments or requirements hereafter submitted. 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 SMITH COMMISSIONER MACCOY COMMISSIONER MANNING CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. R.T. NAHAS CO. DECISION AND RECOMWNDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. R.T. NAHAS CO.