HomeMy WebLinkAboutHanson Excavating CUP~.
Mayor
~~ ROBERT' D. CORRIE
~ Council Members
CHARLESROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
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
LEGAL DEPARTMENT
(208)884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
(zoa)s87-2211
PLANNING AND ZONING r
DEPARTMENT
(208)884-5533
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 recommendations
to Meridian City Hall, Attn: Will .Berg, City Clerk by: JUNE 10. 1998
TRANSMITTAL DATE: MAY 20, 1998 HEARING DATE: JUNE 17, 1998
(special meeting)
REQUEST: CONDITIONAL USE PERMIT FOR CONTRACTORS' YARD
BY: DONOVAN HANSON d/b/a HANSON EXCAVATING
LOCATION OF PROPERTY OR PROJECT: LOT 2. BLOCK 1 PLAYGROUND SUB.
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C!C
`CHARLIE ROUNTREE, C!C
`KEITH BIRD, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
`BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
`CITY ATTORNEY
CITY ENGINEER
,CITY PLANNER
PARKS DEPARTMENT
CITY FILES
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 8~ FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
IDAHO TRANSPORTATION DEPARTMENT
YOUR CONCISE REMARKS:
~~
;
CITY OF MERIDIAN
APPLICATION FOR A CONDITIONAL USE PERMIT
IJoud VR ~/ 1~i9~vsoN .~ba
f~~~'s'otJ ~'x~t >0~41 /,~
ADDRESS: ~~1 /1~ ~'/ /~ ~~~~ %'~ ~is ~ ~.D ~~ ~i~3
GENERAL LOCATION: DT .Z ^ ~}~~j J 1.~4Y Gl~a~f,~',~ Sr~B
DESCRIPTION OF PROPOSED CONDITIONAL USE:
ZONING CLASSIFICATION: ~,tit,~ e~Cf~4~ ~- C~'~,~e~~}-L
I certify that the information contained herein is true and correct.
Signature of Applicant
Social Security Number ~7~ ~ ~ ~~ ~ `~~
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and
Zoning Commission will hold a Public Hearing in the Meridian City Hall on
at ~.m The purpose of the Hearing is to consider a
CONDITIONAL USE PERMIT submitted by for
the property generally described as located at
_, SUBDIVISION, BLOCK ,LOT
TO
CONDITIONAL USE APPLICATION CONTENTS
1. Hanson Excavating
4601 N. 5 Mile Road, Boise, Idaho 83713 208-375-5893
2. Dr. Michael Clarke
4098 N. Jullion Way, Boise, Idaho 83704 - 208-322-1846
3. Legal Description ofProperty--Lot 2,block 1, Playground Subdivision
4. Proof of Ownership--See attached recorded warranty deed and notarized consent of owner
5. Description of existing use.
Bare ground with asphalt parking area in front. -Commercial -general.
6. Present use of subject property.
Bare ground with asphalt parking area in front.
7. Proposed use of the subject property.
Contractor's yard for Hanson's Excavating, L.L.C.
8. The District (present zoning) that pertains to the subject property.
Commercial -general.
9. Thirty (30) copies of vicinity map of scale of one inch equals three hundred feet (1"-300')
See attached map
10. Plan of the proposed site for the conditional use.See attached site plan (1" = 50' )
11. A list of the mailing addresses of all properties within 300 feet.=See attached list.
12. Characteristics of subject property which makes a conditional use desirable;
Bare ground with no buildings or trees to create a traffic hazard.
13. Fee of $275 + $1.67 certified mailing for each property` owner. (5)= $ 283.35
14. Statement agreeing to pay any additional sewer, water or trash fees or charges, if
associated with the use. See attached statement
15. Signed by the applicant that all statements are true.
16. Property will be posted one week before the hearing stating they have applied for a
Conditional Use Permit or Zoning. There must be a signed affidavit that this will be done
as part of the application. See attached affidavit.
• ~,,a~.d
PIONEER TITLE COMPANY
of aDA ccu-•m
~,~
821 Nest State Street /Boise, Idaho 83702
(208) 336-6700
888 Nonh Cole Road /Boise, Idaho 83704
(208)377-2700
FILE #
9384013
1E~1~000~~~
ADA .O..iECORUER
J. DAVID IlAV,1r RO
BOISE ID
PIONEER TITLE CO.
'93 OCt 3 Pal 5
FEEIe~ DE
RECORDED AT iHi: Ri:0UE5T OF
SPACE ABOVE FOR RECORDING DATA
WARRANTY DEED
(CORPORATE FORM)
THE WESTPARK COMPANY, INC. , a corporation
organized and sistin~ under the laws of the State of Idaho, with its principal office at P.O. BOX 344 MEP.IDIAN,
IDAHO of County of ADA . Swte of Idaho.
grantor, hereby CCVVEYS or GRANTS and WARRANTS TO
D. MICHAEL CLARRE AND SUE CLARRE, HUSBAND AND WIFE
of 4098 NORTH JULLIAN A'AY BOISE, IDAHO 83704
grantee(s)
for the sum of
..TEN AND NO/100************,t*****************~***************************** DOLLARS.
the (ollow•ing desmbed tract(s) of land in ADA County. State of Idaho:
SEE "E.~QiIBIT A" ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE, MARK.?D AS
EXHIBIT A AND COMORISING ONE PAGE.
I Location of above described property 1780 E. OVERLAND ROAD BCISE, IDAHO
1 House No. Strret
The officers who sign this deed hereby certify that this deed and the transfer represented hereby are authorized under a
' resolution adopted by the board of directors of the grantor at a lawful meeting held and attended by a quorum.
+
c.
ti'i In witness whereof, the grantor has caused its corporate name and seal to be hereunto affixed by its duly authorized
'~; officers this 7TH day of OCTOBER . A.D. 1993
•i THE TdESTPARK MP ., INC. (CORPORATE NAME)
~ By
G JOHN O' PRESIDENT
Att
{ SECRETARY
)
STATE Or= IDAHO ,County of ADA , ss.
On this 'Y.•i••7TF~~'~• day of OCTOBER , in the year of 1993 ,before me
(• ~• ' ' `~' '~ ' •' •,THE UNDERSIGNED
.- ' . - ` ~ , . a notary public.
personally' ,ap}S~aF~f•4 t• GREG JO'r{NSON
kroivribr idenl+fetl tome to 4e the PRESIDENT
of the coi4wtittioa,ttiahrxeeuted tfie instrument or the person _ who executed the instrument on behalf f aid corporation, and
v ackn5wladted io me ihapiuch corporation executed the same. ~~ p ~ ~~
I(;i, .... ;votary Public: Q~S..LL!_~'~~
t;'~ _ Residing ac BOI ', IDAHO
. .
1~- . . MY Cofliniissiiifl F1fit is 6-Z~-~~~~.~,,._.- _ _
t'fJ~~ art-try.1'r6•~_~~.~1=1rEx<,x_~n-iw-u''`.•~'•~u~2>'~'~'"..~.&~~.1-M`.h!'~.'.pt"~'~~%
TJ`
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' LEC1~L bESCRIPTION FOR ~~~ ~ ~ ~~
.,~ ; ~ J~': ' ~ T$S P*J1YGRnUND
s ~''~itY-~,~t' ; , ERHIBIT A ~fil'' ~JEi ..
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• •, .~ i:. ' , parcel of .and being .x portion of the 8W 1 /{ gW 1 i4 0! Section •'
;~;;;~::y~1.::: ~17,;T.3N., R.1E., B.M., ada County, Idaho, said parcel being '••
,.•~,'~,..,.~,: more particularly described ar. follo~+s:
j+ •:y {zj~~'•' ~ `- Commsncinq at the Brass Cap ma=king r ;@ corner com~aon to Seotions
~~.•~;~'`~-`•;17;18,19 and 20, T.3N,.~ R.1s:; B. :,, ltda county, Idaho, said - '
•,'f~ °.1?:'a:,~t . • ;point boinq the RFaL POINT OF 8SG
;J,.~~,?,-;r,~•;i~_: ;thence, ;N,O'00'07"E. 462.55'fsstlalong~the West line o! acid •
~~.,~~,~'r;a~;_• Sid:t/{ o! Section 77;
-,!t;~•;:=:~c' '.''thenco, N.89'35'S8"£. 893.00 feet; •
';..~:~,id;.,~~':thenca, •N,0'03'23"X, 585.35 feet to a point of evrvQ on the
y ~•i :~~' ~ routh right-of-way of I-84; ,,.
,:.
,~"";'•~;` thence along a curve to the left 435.18 feet,. szid`curve having
.'..~.~: _' - a`delta of 2.34'53"; a radius of 9,659,30 feat, tangents of
:,n-_,.:'.••:'- ~ . 2`7.63 feet and along chord of 435.14 feet which gears •
•x', c- ;.; , ,. N. t7'44' 04"S. t~ a •po{at o! .ending of • curve; '
k. `..;;:'~ : - thence- leaving ,said right-of-v:y, S, 0'03'23"E. 1C62.19 fast
:~ ~ -•;~~s,: ,.along the east line of said• 5W 1 /{ SW 1 /< to the S8 corner of
:K •-•~ '• =-~•'~ _'~ acid; sW 1 /4 SW 1 /4 of Section 17; -
~~ `~~thanca; :S.89'3s'S8"W. 1328.30- feet to the REJ1L POINT OF •
'~ • -•~ ~` ~ BEGINNING, said parcel containin
~-. ;:~ ~~ 4 20,OD acres,
-~ E>ys„ tj ~ ~ SIJBTCT TO:-
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t - r•` . `, •`y ••10.ny, ri hts-of-wa of record or in use. •
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May 1, 1998
TO WHOM IT MAY CONCERN:
D. Michael Clarke, the undersigned gives permission for Donovan L. Hanson,
dba Hanson Excavating to apply to the City of Meridian for a Conditional Use
Permit for a contractor's yard at 1780 E. Overland Road, Meridian, Idaho. (Also
known as Lot 2, Blk 1, Playground Subdivision.
~~ ~
D. Michael Clarks: Donovan L. Hanson
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Subscribed and sworn ..~ ~.,
to beforg, :a this„ 1/ day of~/`.~~~ t9~
Notary. Public in and for the County :.. >f~C/G~
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STATEMENT OF UTILITY AGREEMENT:
Hanson Excavating, L.L.C. agrees to pay any additional sewer, water or trash fees or charges, if
any, associated with the use, whether that use be residential, commercial or industrial.
Donovan L. Hanson, President
Hanson Excavating, L.L.C.
.s.-
DATED: ~ G ~~
X
HANSON EXCAVATING
'' 1 4601 N. 5 MILE ROAD
z t BOISE,.IDAHO 83713
208-375-5893 y
fi
S:
TO WHOM IT MAY CONCERN:
One week before the hearings, I the undersigned, Donovan L. Hanson,
representing Hanson Excavating, agrees to post on the property at 1780 E.
(also known as Lot 2, Blk 1, Playground Subdivision), Overland, Meridian,
5
Idaho, a legal notice for of a Conditional Use Permit at 1780 E. Overland,
Meridian, Idaho.
s
Donovan L. Hanson;.,,
Hanson Excavating
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MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: JUNE 17, 1998
y
APPLICANT: DONOVAN HANSON d/b/a FiANSON EXCAVATING AGENDA ITEM NUMBER: T 1
y~
REQUEST: CONDITIONAL USE PERMIT FOR A CONTRACTORS`YARD`1
AGENCY COMMENTS
CITY. CLERK: " `"
CITY ENGINEER: SEE ATTACHED COMMENTS
,; # 3 ~ t, t n,p
CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS
CITY ATTORNEY:
CITY POLICE DEPT: REVIEWED
..~
CITY FIRE DEPT: SEE ATTACHED COMMENTS
CITY BUILDING DEPT: ,
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT: `
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS R°
NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS
SETTLERS fRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
..
> 4
r
P&Z Commission,. Mayor & Council
June 15, 1998
Page 2
5: This conditional use permit shall be subject to review upon ten (10) days notice to the
{ applicant. An approval of transfer will be required for any new owners/tenants.
6.`' Provide security lighting plans, if any, to the Meridian Public Works Department for`
approval.
7. This site is located on a platted lot in The Playground Subdivision. Overland Road is
designated as an entrance corridor in the Meridian Comprehensive Plan. A condition of
annexation, and of the plat, requires a minimum 35-foot-wide landscaped setback beyond
required right-of--way. The Applicant shall submit detailed landscape plans for approval
prior to occupying the'site.
8 { All outdoor storage of equipment and materials shall be screened from view.
9. Contractor's yards shall be located a minimum distance of three hundred feet (300') from
' any residence except for an owner's residence.
10. The contractor's yard will be limited to storage, maintenance and processing incidental to
contracting work. There shall be no general industrial or commercial uses.
no~ar,.cur
Mayor
ROBERT D. CORRIE
C
Council Members
CHARLES ROUNTREE
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
GLENN BENTLE~~Y^-++
RON AND>~ISOIY~' ~ ~~
KEITH BRAY 2 6 1998
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • Fax (208) 887-4813
LEGAL DEPARTMENT
(208) 884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-2211
PLANNING AND ZONING
DEPARTMENT
(208)884-5533
TRANSMITTAL TOuAGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
t.
To insure that your comments and recommendations will be considered by the Meridian
Planning ~ Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Wil{ Berg, City Clerk by: JUNE 10, 1998
r
}
TRANSMITTAL DATE: MAY 20, 1998 HEARING' DATE: JUNE 17, 1998
(special meeting)
REQUEST: CONDITIONAL USE PERMIT FOR CONTRACTORS' YARD.
BY: DONOVAN HANSON d/b/a HANSON EXCAVATING
LOCATION OF PROPERTY OR PROJECT: LOT 2, BLOCK 1 PLAYGROUND SUB.
JIM JOHNSON, P/Z
MALCOLM MACCOY, P/Z
k MARK NELSON, P/Z
BYRON SMITH, P/Z
KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
KEITH BIRD, C/C
GLENN BENTLEY, C/C
_WATER DEPARTMENT
-SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
PARKS DEPARTMENT
CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH '
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS {RRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(P EL & FINAL PLAT)
IDAHO TRANSPORTATIO~1 D TMENT ~
YOUR CONCISE REMARKS:. ~ ~ ~ ~ "
}~~
J Mayor
l ROBERT D. CORRIE
1 Council Members
CHARLESROUNTREE
` GLENN BENTLEY
RON ANDERSON
KEITH BIRD
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDI~N4
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • Fax (208) 887-4813
LEGAL DEPARTMENT
(208) 884-4264
PUBLIC WORKS
BUILDING DEPARTi~tENT
(208)887-2211
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
~` WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning 8< Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 10. 1998
TRANSMITTAL DATE: MAY 20, 1998 HEARING DATE: JUNE 17, 1998
(special meeting)
REQUEST: CONDITfONAL USE PERMIT FOR CONTRACTORS' YARD
BY: DONOVAN HANSON d/b/a HANSON EXCAVATING _
LOCATION OF PROPERTY OR PROJECT: LOT 2. BLOCK 1 PLAYGROUND SUB.
JIM JOHNSON, P/Z
MALCOLM MACCOY, P2
MARK NELSON, P/Z
BYRON SMITH, P/Z
' KEITH BORUP, P/Z
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
KEITH BIRD, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
_CITY ENGINEER
i CITY PLANNER
PARKS DEPARTMENT
CITY FILES
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM 8< FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
IDAHO TRANSPORTATION DEPARTMENT
YOUR CONCISE REMARKS: ,~~ t~ /` ~~
E
MAY 2 2 1998
(J' ~ n MERIDIAN
r
CENTRAL
•• DISTRICT
HEALTH
DEPARTMENT
CENTRAL DISTRICT HEALTH DEPARTMENT
Environmental Health Division
Return to:
^ Boise
^ Eagle
^ Garden City
®;Meridian
^ Kuna
^ Acz
Rezone,#
Conditional Use # __~L
Preliminary /Final /Short Plat
~)a~.~l~',.~,t1 ,~~'i~se,J
{
I. We have No Objections to this Proposal.
JUN 5 1998
^ 2. We recommend'Denial of this Proposal.
I CITY OF MERIDIA?V
^ 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 ^ waste flow characteristics
^ or bedrock from original grade ^ other
6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or
surface waters.
^ 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 th"e Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
^ 10. Run-off is not to create a mosquito breeding problem.
^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
^ 13. We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store
-
^ 14. Date/ ~
/
Reviewed By:
CDND ID/91 ~~. «~.,/9/ Review Sheet
R,~CE~D
JUN - 5 1998
CITY OF MERIDIAN
Will Berg, City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
RE: Conditional Use Permit for Contractors Yard -Donovan Hanson, dba Hanson
Excavating
Dear Commissioners:
The Nampa & Meridian Irrigation District's Hunter Lateral courses along the west boundary of
the project:' The right-of-way of the Hunter Lateral is 40 feet; 20 feet from the center each way.
See ldaho Code 42-1208--RIGHTS-OF-WAYNOT SUBJECT TO ADVERSE POSSESSION. The
developer must coruact John P. Anderson or Bill Henson at 466-0663 for approval before any
encroachment or change of right-of--way occurs.
The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development
application be filed for review prior to final platting. 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. Contact
Donna Moore at 466-7861 for further information.
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.
6
Sincerely,
~~~~~
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH: dln
cc: File -Shop
File - Office
Water Superintendent
r~ia & ~2enCd~a~z ~Ivugatia~ ?~latzc.'ct
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
fAX # 208-463-0092
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000 t
BOISE PROJECT RIGHTS - 40,000p
1 ~ June 1998
gECE~D
JUN - 5 1998
CITY OF lYI~HID~~t
r~ra & ~~v~id~ac~ ~Ivzigatlac~ Z~~atruct
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395
2 June 1998
Donovan Hanson
Hanson Excavating
4601 N. Five Mile Road
Boise, ID 83713
FAX # ~(Jffi~%~~DCX 208-463-0092
Phones: Area Code 208
OFFICE: Nampa 466-7861
/~~s,
~
~ SHOP: Na~m~pa 466-0663
XX~d~~'4X
X~X
'
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~~ s
~
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RE: Land Use Change Application for Contractors Yard for Hanson's Excavating
Dear Mr. "Hanson:
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 this development is under a
"rush" to be finalized, I would recommend that you submit a cashier's check, money order or
cash as payment of the fees in order to speed the process up. If you submit a company or
personal check, it must clear the bank before processing the application.
Should this development be planning a pressure urban imgation system that will be owned,
operated and maintained by the Irrigation District, I strongly urge you to coordinate with John
P. Anderson, Water Superintendent'for the Irrigation District, concerning the installation of the
pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate
the process of contractual agreements between you and the Irrigation District for the ownership,
operation and maintenance of the pressure urban irrigation system.
If you have any questions concerning this matter, please feel free to call on me at the District's
office or-John P. Anderson, the District's Water Superintendent, at the district's shop.
Sin erely,
Donna N. Moore,
Assistant Secretary/Treasurer
cc: File
' Water Superintendent
City of Meridian
enc.
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
e ~~ ,
}
b
c
NIERIDIAN`PLANNING & ZONING COMMISSION MEETING: JULY 14, 1998
APPLICANT: DONOVAN"HANSOM°d%6%a HANSON'EXCAVATING AGENDA ITEM NUMBER: 10
REQUEST: CONDITIONAL USE PERMIT FOR CONTRACTORS' YARD - LOT 2, BLOCK 1
PLAYGROUND SUB.
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED MINUTES FROM 6/17/98
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:
All Materials presented at public meetings shall become property of the City of Meridian.
g
Planning and Zoning Commission Speciaf Meeting
June 17, 1998
Page 71
Prior: I think so.
ITEM NO. 11: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A
CONTRACTORS' YARD BY DONOVAN HANSON d/b/a HANSON EXCAVATING -
LOT 2, BLOCK 1 OF PLAYGROUND SUB.
MacCoy: Would the applicant come forward please?
DONOVAN HANSON 4601 N. FIVE MILE BOISE WAS SWORN BY THE ASSISTANT
`CITY ATTORNEY.
Hanson: We've applied for a conditional use permit for a contractors' yard on lot 2,
block 1 of the Playground Subdivision. Just looking for a place to park my truck. I think
you have all the information up there. I don't have any here. I didn't know l was
suppose to get up here.
MacCoy: Any commissioners have any questions of him?
Borup: Yes, Mr. Hanson. You said you were looking fior a place to -park your truck; is
that correct?
Hanson: Yes.
Borup: Is that the only piece of equipment you will be parking there?
Hanson: No, we have eight trucks and probably eight pieces of equipment and eight
trailers.. We look like the neighbors next door to us, Sesco. We just buy it over there
and take over to the other side of the fence.
Borup: You said trucks, trailers and what's the other equipment?
Hanson: Back hoes.
Borup: Okay, that type of machinery type of equipment.
Hanson: Right.
Borup: So, you are not looking at piles of scrap metals?
Hanson: When we wear it out, it becomes a pile of scrap metal, but no.
Borup: I mean it's kind of a common thing in a lot of contractor yards.
Planning and Zoning Commission Special Meeting
June 17, 1998
Page 72
Hanson: No.
Borup: Left over material from other jobs and that kind of thing. I assume you are gong
to be renting the property; is that correct? And do you have a time frame about how
long you are looking at there. I realize that's (inaudible)
Hanson: How long we're going to be there you mean?
Borup: Yes.
Hanson: I suppose until -
Borup: I'm assuming if you are renting, you're not looking at a permanent -
Hanson: Well, we might go permanent. Let's consider both.
Borup: And then what location do you have you equipment now?
Hanson: We're already parked there. We didn't know we had to have -
Borup: Where did you have it prior to parking there?
Hanson: Prior, we were parked on the street. We parked in the subdivision where we
'were working.
Borup: At night?
Hanson: Yeah.
Borup: So apparently that was a problem. You didn't a permanent place.
Hanson: Right. Teenagers would go joy riding on the machines.
Borup: That's all I have right now. Thank you.
de Weerd: Well I only have a comment. I believe that this property is in the corridor to
'the entrance to Meridian and I'm not really sure if this is the most appropriate place to
`park equipment. I do realize that there's a large equipment supplier right next to it, that
is a business, I'm just concerned with the aesthetics and feeling that corridor -it's going
to be visible on all four sides, both from Overland and from the freeway and I guess
that's my concern is what this is presenting Meridian as.
Planning and Zoning Commission Special Meeting
June 17, 1998
Page 73
MacCoy: Okay, Mr. Smith?
Smith: Mr. Chairman, make sure I don't make this mistake two meetings, Mr. Hanson,
almost called you Mr. Donovan so -what type of fencing are you proposing to put it,
what height, got a color in mind?
Hanson: I guess whatever is appropriate, you say you may (inaudible), the same six
foot, we didn't have anything specific at the moment.
Smith: You didn't have anything specific in mind? Are you looking for us to make
recommendations?
Hanson: Right on!
Smith: And then I'm assuming that you're going to access your yard from this open
area here.
Hanson: Right.
Smith: Are you going to pave that or is it going to be gravel or -
Hanson: That front part is paved -
Smith: The parking lot's paved but the access back to your yard, will that just be gravel
or -
Hanson: Gravel, yeah.
Smith: And you'll have what atwenty-foot wide gate there?
Hanson: Oh, we don't need to be that wide.
Smith: Just a single gate?
Hanson: Yeah, because we go to the back of the yard and turn around, .clear to the
back, we just use one corner.
Smith: And then the left side of my map was cut off on the Xerox there, I assume your
fence is just going to extend down that line like it is on the other sides. That's all the
questions I had.
MacCoy: Commissioner Nelson? While he's looking, do you have a-copy of the staff
report?
Planning and Zoning Commission Special Meeting
June 17, 1998
Page 74
Hanson: Nope.
MacCoy: It`s quite in depth and it`s your guideline to things that they're looking for on
your property. (Inaudible)
Simms: 1 called and left a message (inaudible).
MacCoy: Oh, you've got to come in, where does he get it, at the front desk?
Simms: City Clerk's office.
MacCoy: City Clerk's office, you've got to go pick up your package I guess (inaudible) -
so there's quite a few things on this thing, it's a two page document and I'm going
through and highlighted my stuff but I'm just showing it talks about sewer, water,
fencing, signage, lighting, everything under the sun in here. -- Alright there you are, I
just want to make sure we`re talking the same story for you. You asked for some
direction, there is some direction, back to Commissioner Nelson.
..Nelson: Yeah, if you wouldn't mind just kind of for the record i guess, now to the west of
you is the RV -
Hanson: Yes.
Nelson: I'm at the right spot here? And then to the east of you is Cesco?
Hanson: Right.
Nelson: And your equipment then - I was organized a second ago -and your main
access for your trucks is going to be -
Hanson: Right in the middle of the lot. That's an existing access.
Nelson: l think as long as screening's taken into account, that's set back there a fair
distance as far as Commissioner de Weerd is concerned. I have no further questions,
I'm just thinking out loud.
Borup: Mr. Chairman, I have a question for Mr. Hanson, were you able to talk to staff
much, anything at all on this or just picked up the packet and filled it out? Did they talk
to you about landscaping at all?
Hanson: Shari did.
Planning and Zoning Commission Special Meeting
June 17, 1998
Page 75
Borup: Shari did, okay, because that's something that you did have in mind or have you
gigot to that point yet or
Hanson: Not too much on landscaping.
Borup:- And then, is there an existing berm along the freeway?
Hanson: We don't go back that far.
`Borup: Yes, the plats we have goes to the freeway.
Hanson: No, no, no, no.
Borup: No?
Hanson: No.
Borup: Am I looking at the plat wrong?
Nelson: His property doesn't.
Freckleton: lt's on lot 2, block 1, it's the middle parcel.
Hanson: Yeah.
Borup: Oh, I'm sorry, okay. I'm thinking of the other next to you that had the driving
range. That this was-the parking for the driving range.
Hanson: Yeah.that's the parking.
MacCoy: That's the reason they have asphalt there. Cesco took over the driving range.
Borup: Okay, I have no other questions other than before we (inaudible) maybe some
comments.
MacCoy: Any other comments on the Commissioners? Okay, you can take a seat and
is there anybody left in here that wants to get up and make a comment? Becky?,
Bowcutt: Becky Bowcutt, Briggs Engineering, 1800 W. Overland, we got a new
address so I have to think about it, we moved.
BECKY BOWCUTT~WAS SWORN BY THE CITY ATTORNEY.
Planning and Zoning Commission Special Meeting
June 17, 1998
Page 76
Bowcutt: I'm representing the property owners just south of this parcel, they've owned
that property for quite a few years, it's also a portion of that property approximately 54
acres was sold to the Meridian School District for a high school and that would be
directly south of this parcel. So my client's have some concerns, those concerns are
`aesthetics, if this is a temporary use as far as landscape is concerned whether it be
temporary or permanent, one should provide adequate berming, adequate landscaping,
sprinklers, etc. so that aesthetically when you drive down that Overland Road corridor
you get a good visual effect. Like I said, you have to consider that that high school's
going to be there, they anticipate constructing that within the next five to seven years
from what I've been told and they told me that a couple of years ago so it may be even
sooner than that, it will take a bond issue but' obviously we don't want something that's
an eyesore you know right across a nice new high school and we have uses that we are
con#emplating and going into the planning phases on the remaining fifty acres I think on
that parcel which would include something to the effect of possibly some office, possibly
.,some multi-family, we're looking at kind of a mixed use so the marketability of that
project would depend on the aesthetics of that corridor so please take into consideration
the fact that we want it to look nice and to protect the property values of the adjoining
.:parcels and the fact that that high school's going to go in there, they wouldn't appreciate
if it was a horrid eyesore either. Thanks.
MacCoy: Thank you very much Becky, that's a big help for us. Anybody else have any
comments here?
de Weerd: Well I would wonder if Mr. Freckleton had any comments.
4
MacCoy: Go ahead, Counsel?
Prior: Oh, excuse me, Mr. Freckleton do you have any comments? There was a
`request, was there not?
de Weerd: Well Ivan --
Freckleton: Mr. Chairman, Commissioner de Weerd, I have no further comments other
than what we've presented in our packets.
Prior: Sir, if you would just state your name and address, spell your last name for the
record.
'Groves: My name is Craig Groves, address is 3920 E. Shady Glenn Court, Boise, Ada
County.
CRAIG GROVES WAS SWORN BY THE CITY ATTORNEY.
Planning and Zoning Commission Special Meeting
June 17, 1998
Page 77
Groves: I've got a couple of questions, one I think might be directed towards Bruce, the
property in, question here,;-lies east of the Hunter Lateral and there's a main sewer
extension `proposed to come across interstate $4, the property in question would sewer
into that draina e, the call it the Five Mile sewer drain, isethere any conditions that
g Y
would require this particular property to participate in that sewersextension?~ ~ ~~
Freckleton:. At,this point and time the applicant has not requested any, structures on the
site;ahis is simply for parking of equipment and~that sort of thing~so there are no sewer
and~water~services required at this time. ,,, ,.: .
Groves: Okay, and then the second comment has to do pretty much with aesthetics,
that is a~major corridor entry to the City, of Meridian, in some respects my personal
feelings are that the corner there of Locust Grove and~Overland going back to the
{freeway;: 'm not sure the highest and best use for that corner would be a contractor's.
4 .<
yard. On a-temporary. basis{as long as there's proper Yandscapirig and screenigng' ('don't
see too much problem with it.
9MacGoy: Thank you. eThat's something we need to;keep.in mind~is that Overland's
going to be a five lane road in a couple-of years and Locust is also=going to be driven
;through to,the other side.ofa84~so it's going to be a major..: section. tyt, a~
,Prior: 4Just re-state your name sir if you would. ~ ~ ~: - ~,~....~
~~Hanson:, Donovan Hanson: IRseem to have a business that everyone wants to use~but
~don't,park-it next to~my house. ~I~don't know what to respond to.
Borup: i've got.a question for you Mr. Hanson. Could you.comment on the amount of
ttraffic in androut of the~site on~a daily basis? . ;
_ , ~ ~ ~.,,
Hanson: You,know the,site wouldFprobably,have,eight vehicles in the4morning andkeight
.. .
vehicles in the afternoon, late~in the afternoon, they try to leaveparourid 7:30, a quarter
to eight.Well, they'll come;in with eight.cars~and take eight trucks out I guess so that's
,sixteen. 4 - - 4 µ - ;r
,Borup: That'swhat~l-figured you meant. Thank you, I think yocu~answered my question
on that. ~{ had the same question, Mr. Groves raised it and 1 guess it would be directed
to Mr. Clark if he felt this is the highest and best use of this property location. I don't
know if-.he'd care~to~comment on-that or if that's even pertinent to what we're trying to do
..here. ' • __ E
~~ ~ F
.,Clarke: Michael Clarke, 4098 N. Jullion Way, Boise, Idaho.
MICHAEL CLARKE WAS SWORN BY THE CITY ATTORNEY.
Planning and Zoning Commission Special Meeting
June 17, 1998
Page 78 ,
Clarke: Your question was -
Borup: As owner of the property is this the highest and best you feel that you'd like to
have eventually achieve on this property?
Clarke: Well I don't think that's an eventual achievement, you know I don't think that --
at the present time I think that it's something that can be done with the property because
we're not prepared to develop it at the present time and it's something that can be used
Borup: Better than just letting it sit there and grow weeds or something.
Clarke: Right, and plus with Mr. Hanson using the property he keeps it pretty well neat
and tidy and he's done a lot of clean-up work on the property already.
Borup: Maybe why you're here might be and I think this other question would be
addressing both of you and I - my first impression I think was along the same line that
Tammy had, you know I don't know if this was a location for something like this but -
and that's why we have these testimonies I think so we°can get information and change
our mind one way or the other and I have changed my mind, with some stipulations but
really the stipulations are saying the same thing that the staff report said and that seems
to be what other~testimony said and that's on the landscaping which could be kind of a
major thing for a contractor's yard but is that something -yeah, could you comment on
landscaping (inaudible) ?
Clarke: Well I don't see too much of a problem with that I mean as I read through .the
papers you' know they want it fenced and so on - I don't see how that can be too much
of a problem and the fact of the matter is that his equipment is parked some 400-feet off
of the road as well and the property slopes away from the road and the equipment, I
mean if you think about it down Overland Road you- got, you know CAT has a yard,
Arnold has a yard down there and of course Cesco and it appears that Freightliner's
going to be just on the other side of Cesco so as far as being incompatible I don't think
it's too incompatible with what`s there but they have done a real good job of keeping
everything neat and tidy and you know you asked the question about scrap and that sort
of thing and -
Borup: Well -when I say landscape, I'm talking probably in the 35-foot strip up on
Overland, something along there, so that would be an ongoing maintenance and I
assume by landscape we're talking more than a couple trees, you know you're looking
at (inaudible)
Planning and Zoning Commission Special Meeting
June 17, 1998
Page 79
Clarke: Well most of that along there right in front of-the property is you know you have
Cook Lateral running down there so there's not - we don't have a lot of options with the
landscaping because of that.
Borup: But that was one of the - in fact one of the staff comments was that a detailed
landscaping plan be submitted. Staff comment was prior to occupying, I guess it would
be prior to approving. So.l don't know if there's been any discussion between the two of
you, who would be responsible for that if that's -
Clarke: We haven't discussed anything about any -you know at any length anyway, we
haven't.
Borup: And I realize if you're looking at something on a temporary basis you hate to put
a lot into landscaping unless you felt it's something that something could be used in the
future too but that is -hasn't been (inaudible) in the corridor (inaudible) -
Clarke: But I mean that's as I understand it kind of a requirement that there needs to be
some screening from the road and -
Borup: Well but.- yeah I think they're talking about two screening, one is a screened
fence around the yard itself and the other is a beautification type screening.
Clarke: So they want us to put a hill in front of the property?
Borup: Well yeah.
de Weerd: That wouldn't be bad.
Borup: That's really what you see but I -don't know if we're here to dictate what you do.
Smith: Can you move that pile of dirt and put it up in front of (inaudible).
Clarke: Well that's what they are, they're big piles of dirt we put in front of the
neighborhoods and so on.
Borup: Yeah right, (inaudible) I have no other questions.
MacCoy: Okay, anybody else?
de Weerd: I would have a question of him. The applicant mentioned that he would like
it there permanently, what is your time frame on this?
;Clarke: 1 don't have a problem with that.
Planning and Zoning Commission Special Meeting
June 17, 1998
Page 80
de Weerd: Okay, well I do. I'm sorry.
Clarke: Well I don't know what your problem is and that but I mean you're going to have
a piece of property that's going to have a berm, apparently that's what's required, with a
fence and a fence completely around it and you've got equipment that's 400-feet off of
the road, I don't know what your problem its.
de Weerd: Well I don't know what the landscaping plan is, I don't know what the fencing
plan is, I cannot visualize it in my mind whatsoever and this is an important part of
Meridian, it is a corridor in our comprehensive plan and so it is a very important piece of
property, once you -
Clarke: Well I think the landscaping will be nicer than some backhoe sitting out in front
of the thing, I mean that's what you have down so much of Overland already on your
corridor, I mean you got backhoes and front end loaders and so on that are out there.
de Weerd: Well sir, I can't help what is there now and this is only my second meeting -
Clarke: Well Imean -you're saying that you're concerned about it but that's what's
a{ready there, that's what you have in the corridor and what you're going to have here is
you're not going to have that.
de Weerd: So what I'm saying is aesthetically it is a concern, I would like to see
landscaping, you know, some kind of plan before I feel that I can approve something
like this and that's just me personally speaking, it's an important part"of our corridor, if
you're going to -
Clarke: Yeah, well the fact of the matter is that it's already been demanded.
de Weerd: If you're going to irrigate your landscaping you're going to have some kind of
piping or drainage or sprinkler systems or water or something so that all needs to be
planned out I would imagine too so -
Clarke: Well I mean we're not asking for a building permit, we're just asking for a
conditional use permit.
de Weerd: Okay.
Clarke: So I mean -- and some of these things have apparently been you know by the
records hat we have so far that those things have been -- you know that has to be
done to meet approval. Is that not what that says?
Planning and Zoning Commission Special Meeting
June 17, 1998
Page 81
de Weerd: Yes.
Clarke: Okay. So -
Borup: Just to clarify that for Mr. Clarke, that is something that needs to be done for
approval but if we don't see it, it`s hard for us to approve it.
Clarke: I understand that.
Borup: So sometimes we have to kind of work around that.
de Weerd: Thank you, 1 wasn't clear.
Borup: But I think that's part of what she was trying to say.
Smith: We've had one or two applications in the past year that 1've been on this
Commission that have been kind of incomplete in the information that's submitted so
maybe the appropriate time Commissioner de Weerd wants to make a motion that we
table this item and allow the applicant time to prepare a landscaping plan and a
proposal for fencing for our review so we have appropriate complete information to
evaluate this proposal on.
Prior: Just for a clarification, Commissioner Smith do you mean to continue-the public.
hearing to allow the applicant to provide further testimony or do you mean to table it and
all testimony provided will be stopped at this point -
Smith: No, to continue it, I'm sorry Mr. Prior, to continue it to allow the applicant -
Prior: It's Assistant City Attorney Prior.
Smith: It's Assistant Attorney Prior, to allow the applicant to provide us with more
information that addresses some of these -that addresses all of these issues that have
been brought up this evening.
Borup: Mr. Chairman, (have a question-for Mr. Prior, if we have`Findings prepared, that
can also be tabled couldn't it to the following month, following meeting?
Prior: You-can table consideration of the Findings to the following meeting, yeah,
there's nothing that says you can't -
Borup: Okay, and I'd like to maybe make some comments on - I think we all have the
same concerns on the screening and the landscaping aesthetics but I think those are
standard requirements, if that's~done properly I think this can be non objectionable. The
Planning and Zoning Commission Special Meeting
June 17, 1998
Page 82
other thing, keep in mind that this is a conditional use, as the comments say it's subject
to review after ten days notice, when I first heard contracting yard I was thinking of a lot
of others that I've seen and boy we've got a nice one over on Fairview already, it's got
everything there, we're just talking equipment, I don't see big problem in that type of a
yard, it can be done neatly but I would recommend that we go ahead .and still have the
attorney prepare Findings subject to having a landscape plan at the next meeting and -
Smith: I'm concerned about what type of fence we're going to put in or the applicant's
going to put in and how high -
Borup: (.Inaudible) anything else and if that's aproblem -- at the next meeting if
everything's fine we can approve it and not move on if it's not -
Prior: Commissioner Borup, there's a difficulty with that and that is what you're doing is
you're asking -what you're asking is that we close this,public hearing -
Borup: Well I' haven't-asked that.
Prior: Well if I understand you correctly, you're asking to close the public hearing and
then allow the applicant to submit additional information as part of the Findings, you
cannot dothat -
Borup: And we. cannot do Findings with the public hearing open.
Prior: Correct, so it's either he provides for - if his desire is to provide further
information we can continue the public hearing, if his desire is not to provide further
information, we can close the public hearing, you can have me do Findings or you know
it's -
Borup: Can't we also keep the public hearing open and still provide Findings?
Prior: No.
Borup: We've done it before, you've done it before.
Prior: I don't believe I've ever done that.
Borup: You sure have. Well let me correct that -
Prior: I'm~not going to get into a discussion with you on this but I'd like,you to tell me
which one I did that on.
Planning and Zoning Commission Special Meeting
June 17, 1998 - -
Page 83
Borup: Okay, I could find that but let me correct myself, you've prepared Findings prior
to the public hearing.
Prior: I have provided preliminary Findings.
Borup: Right and they were stated as preliminary or draft I can't remember how --
Prior: Preliminary Findings, draft Findings, that have been amended and you know but
Borup: Well some of them were, some of them were just like we did it, youRdid a good
job.
MacCoy: Are you ready to make some decisions down#here?
Borup; Well no I'm just wondering if -
Prior: Why don't we ask what the applicant's desire is and maybe that might help.
Borup: That's a good question, I knew you'd ask that.
Prior: I think maybe we should.
Clarke: The applicant's desire is to go home and go to bed.
MacCoy: That's ours too.
Clarke: We're concerned with aesthetics, pretty, prettiness or whatever you want to call
it of the -along side the road, we have a irrigation ditch we have to consider, are we
looking for something like Cesco has next door? I want to see if 1 can afford to do this
okay, unless I can get some dirt from Keith. You got dirt?
Borup: I got dirt, don't worry about dirt.
Clarke: Provide a landscape plan, is that what we're looking for, trees, bushes?
Smith: And, some information on what -the fence seems to be something that could be
a -you'd probably need to look at what would be in your budget and -
Prior:. Sir, maybe it would be advisable that we con#inue this public hearing and you
look into the cost and assess that as to whether that's something you may want to
pursue and then we can keep the- public hearing open and you can consider this at the
next meeting and we can go from there, you can request that if you'd like.
Planning and Zoning Commission Special Meeting
June 17, 1998
Page 84
Borup: Yeah, I'd like to comment on that too, I was just trying to move this along and
get the approval but one thing I realized and felt we need to take into consideration is
the equipment's already on site, by delaying this another month it's not going to cause
any hardship or problem on anybody I don't believe, is that correct? It's not going to
change what's happening so other than our time I don't know that continuing it would
really make any difference in the outcome so that makes a lot of sense to me.
Clarke: The thing of it is, is that I think we could tell you what we're going to do but I
think you need to see it on paper.
Borup: Yes sir.
Clarke: I think tha~s what you need to see. You need to see height, placement, fence
so if someone wants to make a motion to continue.
Smith: 1 don't think that's asking too much, I think that's - Mr. Chairman, I'd like to make
a motion that we continue this item to allow the applicant to submit additional
information till our July 14t" meeting.
de Weerd: Second.
MacCoy: All in favor? No, no's?
MOTION CARRIED: All aye.
1TE11JI #12: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR
TABLES AND CHAIRS FOR OUTSIDE SEAT{NG BY WILD WEST BAKERY - 611 E.
1ST STREET:
Borup: Mr. Chairman, I make a motion we continue item #12 to the July 14t" meeting
and maybe request staff to give them a call or'something.
Smith:j Second.
Simms: I have called there twice and left a message, not with her personally but with
someone that she works with and they assured me that she knew about it, she never
came to pick up her packet and she's not here tonight so -
MacCoy: So are you going to call and tell her it's tabled till -
Prior: And the words tabled, it was continued, was it not Chairman?
s
~;
'l
R,EcENED
AUG p 7 1998
BEFORE THE MERIDIAN PLANNING AND ZONING COMNiI5S:
. CITY OF MERIDIAN
DONOVAN HANSON D/BjA HANSON EXCAVATING
CONDITIONAL USE PERMIT FOR A CONTRACTORS YARr ~
LOT 2, BLOCFC 1, PLAYGROUNI3 SUBDIVISION ~~~
• 1780 E. OVERLAND ROAD-
-~'L~~
MERIDIAN, IDAHO
~-11--~~
FINDINGS OF FACT AND CONCLUSIONSaOF LAW
The above entitled matter having come on for public hearings
on June 17,, 1998 and July 14, 1998, at the hour of 7:00 o'clock
p.m., the Applicant, Donovan Hanson, appearing, 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 hearings on the application for the
conditional use permit was published for two (2) consecutive weeks
prior to said public hearings scheduled on June 17, 1998 and July
14, 1998, the first publication of which was fifteen (15) days
prior to said hearings; that the matter was duly considered at the
June 17, 1998 and July 1.4, 1998, hearings; that the public was
given full opportunity to express comments and submit evidence; and
that copies of all notices were available to newspaper, radio and
television stations.
FINDINGS OF FACT. AND CONCLUSIONS OF LAW - Page 1
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
2. The property is located within the City of Meridian the
address is listed in the application as Lot 2, Block 1,
Playground Subdivision, 1780 E. Overland Road. The property is
described in the application for a conditional use permit, which
description is incorporated herein as if set forth in full. The
Applicant is not the awner of record of the property; the record
owner of the property is D. Michael Clarke and Sue Clarke,
husband and wife. The owner has submitted a consent to this
application.
3. Pursuant to the application, the property is presently
zoned as (C-G), General Retail and Service Commercial. The
proposed use of the property is to construct a contracting yard.
The Applicant presented a site plan depicting the location of the
proposed use. Further, pursuant to the application, the
Applicant agrees to pay any additional sewer, water or trash fees
or charges, if any, associated with the use, whether that use be
residential, commercial or industrial.
4. Donovan Hanson was sworn in by the Assistant City
Attorney. Mr. Donovan noted that they have applied for a
conditional use permit for a contractors yard. He would have
eight trucks, eight pieces of equipment and eight trailers. Mr.
Hanson noted that he may be considering this as a permanent
location.
Commissioner De Weerd noted that she felt this was not the
most appropriate place for this from an aesthetics point of view.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
She felt that since it is visible from all directions and along
a major corridor into Meridian, the use is not compatible.
In addressing Commissioners questions, Mr. Hanson noted that
the front would be paved and the back of the property gravel and
the gate would be a single gated entrance.
Becky Bowcutt was sworn in by the Assistant City Attorney.
Mrs. Bowcutt noted that just south of the proposed development
there are plans for a new high school. She felt that the
contractors yard would not be compatible with a new high school.
Craig Groves was sworn in by the Assistant City Attorney.
Mr. Groves inquired whether the proposed project would effect the
planned sewer extension. Mr. Freckleton noted that since the
Applicant is not looking for any structures to be placed on the
property, the sewer is not an issue. Mr. Groves felt that a
contractors yard was not the best long-term use of the property.
Michael Clarke was sworn in by the Assistant City Attorney.
Mr. Clarke noted that he was not prepared to develop the
property at this time and felt Mr. Hanson would do a good job of
maintaining the property. Commissioner Borup inquired about the
use of landscaping. Mr. Clarke stated ~~So they want us to put a
hill in front of the property?" The Commissioner s went on to
note that landscaping would be needed in front of the project.
Commissioner De Weerd inquired about the permanency of the
project. Mr. Clark noted that he did not have a problem with the
permanency of the contractors yard. Commissioner De Weerd noted
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
her displeasure with a permanent contractors yard in that
location. Commissioner De Weerd noted that she had not seen any
landscaping plans, fencing plans, or anything that could provide
her with a vision of what the area would look like.
The Commission then had a lengthy discussion about some of
the items that were not adequately addressed. These items
included landscaping, fencing, irrigation, and term of use. The
'Commission continued the public hearing to allow the Applicant to
address some of the above issues and present a revised plan to
the Planning and Zoning Commission.
5. The public hearing was continued to July 14, 1998, and
the following testimony was given at that hearing.
Donovan Hanson was sworn in by the Assistant City Attorney.
Mr. Hanson noted that he would put an 8 foot fence with slats
across the center of the yard, a six foot fence around the side
perimeter, .and he would match the neighbors landscaping. (The
neighbor is CESCO.)
6. Shari Stiles, Planning and Zoning Administrator, and
Bruce Freckleton, Assistant to the City Engineer submitted
comments, which respective comments are as follows.
1. Sanitary sewer and water to this site would be via
existing mains service lines. The City of Meridian owns
and maintains an existing 12" diameter water main along
the southerly frontage of the property. A private sewer
main extends into the subject site, and at this time
provides service to the CESCO property adjacent to the
east. This application has been reviewed under the
assumption that no structures, or sewer/water services
will be needed on the site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
2. No buildings, except for an electrical distribution
house, are shown as part of .this application and, as
such, none are approved with this application.
3. All signage shall be in accordance with the standards
set forth in Section 11-2-415 of the City of Meridian
Zoning and Development Ordinance. All signage shall
receive design approval of the Planning & Zoning
Department and should be professionally made. A-frame
and other temporary signs will not be permitted and will
be removed upon 3 days notice to the Applicant. Sign
permits are needed for all signage.
4. Screened trash enclosures are to be provided in
accordance with City Ordinance. Coordinate dumpster
site locations with the City's solid waste contractor,
Sanitary Services, Inc. Locate dumpsters so as not to
impede fire access.
5. This conditional use permit shall be subject to review
upon ten (10) days notice to the applicant. An approval
of transfer will be required for any new owners/tenant.
6. Provide security lighting plans, if any, to the Meridian
Public Works Department for approval.
7. This site is located on a platted lot in The Playground
Subdivision. Overland Road is designated as an entrance
corridor in the Meridian Comprehensive Plan. A
condition of annexation, and of the plat, requires a
minimum 35-foot-wide landscaped setback beyond required
right-of-way. The Applicant shall submit detailed
landscape plans for approval prior to occupying the
site.
8. All outdoor storage of equipment and materials shall be
screened from view.
9. Contractors yard shall be located a minimum distance of
three hundred feet (300') from any residence except for
an owner's residence.
10. The contractors yard will be limited to storage,
maintenance and processing incidental to contracting
work. There shall be no general industrial or
commercial uses.
7. The Meridian Fire Chief, Kenny Bowers, submitted the
following comments. He is requiring that all codes be met.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
8. The Meridian Chief of Police, Bill Gordon, had no
comments.
9. The Central District Health Department had no objections
to this proposal.
10. The Nampa & Meridian Irrigation District's, Hunter
Lateral courses along the west boundary of the project. The right-
of-way of the Hunter Lateral is 40 feet; 20 feet from the center
each way. See Idaho Code 42-1208 RIGHTS-OF-WAY NOT SUBJECT TO
ADVERSE POSSESSION. The developer must contact John P. Anderson or
Bill Henson for approval before any encroachment or change of
right-of=way occurs. They are also requiring that a Land Use
Change/Site Development application be filed for review prior to
final platting. All laterals and wasteways 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.
11. There was no further testimony given at the hearing.
CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning
Act and of the Ordinances of the City of Meridian have been met,
including the mailing of notice to owners of property within 300
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
feet of the external boundaries of the 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.
3. The City has the authority to take judicial notice of
its own ordinances, otYi'er governmental statutes and ordinances, and
of actual conditions existing within the City and the State.
4. The property is zoned (C-G) General Retail and Service
Commercial. The (C-G), General Retail and Service Commercial is
described in the Zoning'Ordinance, 11-2-408 B 11 as follows:
(C-G) General Retail and Service Commercial- The purpose of
the (CG) 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 highway 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.
6. 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."
7. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
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.
8. 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 apart 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.
9. This Application for a conditional use has been judged
upon the basis of guidelines contained in Section 11-2-418 of the
i
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
i
record submitted to it and the things of which it may take judicial
notice.
10. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
Planning and Zoning Commission concludes as follows:
a. The use, would in fact, constitute a conditional
use and a conditional use permit would be required
by ordinance;
b. The use would be harmonious with and in accordance
with the Comprehensive Plan and this Ordinance;
c. The use is designed and is to be constructed to be
harmonious in appearance with the character of the
general vicinity; that if the conditions set forth
herein are complied with the use should be operated
and maintained to be harmonious with the intended
character of the general vicinity and should not
change the essential character of the area;
d. The use will not be hazardous or disturbing to
existing or future neighboring uses if the
Applicant provides and maintains the required
berming;
e. Sewer and water service is available, but the
Applicant may have to pay additional fees for the
use;
f. The us'e will not create excessive additional
requirements at public cost for public facilities
and services and will not be detrimental to the
economic welfare of the community;
g. The use will not involve 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 use will have vehicular approaches to the
property which shall be so designed as not to
create an interference with traffic on surrounding
public streets; and
i. The development of the property will not result in
the destruction, loss or damage of a natural or
scenic feature of major importance.
It is recommended that the conditional use permit be granted
in this case for the above reasons.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
11. Conditions may be placed upon the granting of a
conditional use permit if it is determined that the permit should
be issued, 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 are required,
if a permit is issued, to wit:
a. The conditional use, pursuant to the Zoning
Ordinance, shall not be transferable to another
owner or lessor of the subject property or to
another property;
b. The Applicant -shall meet the requirements of the
City Engineer's office, the Planning and Zoning
Administrator, Meridian Fire Department, Meridian
PoliceDepartment, Meridian Sewer Department,
Central District Health Department and Nampa &
Meridian Irrigation District and other governmental
agencies submitting comments;
c. The conditional use shall not be restricted to a
period of authorization but may be reviewed
annually, upon notice to the Applicant, for
violation of any conditions imposed herein and
other conditional use applications;
d. All ordinances of the City of Meridian must be met,
including but not limited to, the Uniform Building
Code, Uniform Fire Code, Uniform Plumbing Code, the
Fire and Life Safety Codes, all parking and
landscaping requirements;
e. Handicap parking, associated signage and building
construction shall meet the requirements of the
Americans with Disabilities Act.
f. All signs must meet the requirements of the Uniform
Sign Code and the Meridian City Ordinance, in
addition, flashing signs and temporary signs will
not be permitted. All signs are subject to review.
In addition to the Meridian Sign Ordinance, all
signage of any type must be approved by the
Meridian City Council. Sign permits are to be
obtained prior to construction. Upon three days
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
notice to any tenant, the City of Meridian will
remove any unauthorized signage.
g. Applicant will provide a screened trash enclosure
per City Ordinance Section 11-2-414.A.3. The
applicant shall coordinate dumpster site locations
with the City's solid waste contractor, Sanitary
Services, Inc., locating dumpsters so as not to
impede fire access.
h. All driveway and parking areas shall be paved, with
all driveway accesses approved by the Ada County
Highway District. Graveled driveways, parking and
access are unacceptable. A drainage plan designed
by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City
Engineer (Ord.557, 10-1-91) for all off street
parking areas. All site drainage shall be contained
and disposed of on-site. All driveway and parking
stall dimensions shall comply with Meridian City
Ordinance.
i. Assessment fees for water and sewer service are
determined during the building plan review process.
Applicant shall be required to comply with
pretreatment requirements as determined by the
Meridian Wastewater Department, and enter into an
Assessment Agreement with the City of Meridian.
j. The Applicant shall provide parking lot lighting
plans to the Meridian Public Works Department.
Illumination of the site shall be designed to not
cause ..glare or adversely impact neighboring
residential properties or the traveling public, as
determined by the City of Meridian.
Further, the Applicant shall submit lighting plans
specifically for the Chevron Station. Prior
approval of those plans shall be a condition to
granting the conditional use permit.
k. Significant changes from the site plan approved
under this conditional use permit, as determined by
the Planning and Zoning Administrator, will require
re-noticing and rehearing before the Planning and
Zoning Commission and Council.
1. It shall be a condition of the conditional use
permit that the Applicant enter into a Development
Agreement with the City of Meridian. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
conditional use permit shall not be granted or
become effective until the Development Agreement is
executed and, recorded.
12. The above-conditions are concluded to be reasonable and
the Applicant shall meet these conditions.
13. It is recommended that if the Applicant meets the
conditions stated above that the conditional use permit be granted
to the Applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
APPROVAL OF, FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL ~
COMMISSIONER BORUP VOTED
COMMISSIONER de WEERD VOTED
COMMISSIONER SMITH VOTED
COMMISSIONER NELSON VOTED
CHAIRMAN MacCOY (TIE BREAKER) VOTED
DECISION AND RECOI~NDATION
The Meridian 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
requirements, and the paving and landscaping requirements, and all
Ordinances of the City of Meridian. The conditional use should be
subject to review upon notice to the Applicant by the City.
MOTION:
APPROVED:
8-7-98 -- Final
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
Y.
MERIDIAN CITY COUNCIL MEETING: August 18, 1998
APPLICANT: DONOVAN HANSON ITEM NUMBER: 12
REQUEST: CONDITIONAL USE PERMIT FOR A CONTRACTORS YARD
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED MINUTES FROM P & Z
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY: SEE ATTACHED FINDINGS
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:
All Materials presented at public meetings shall become property of the City of Meridian.
MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: AUGUST 1 1, 1998
APPLICANT: DONOVAN HANSON AGENDA ITEM NUMBER: 2
REQUEST: CONDITION USE PERMIT FOR CONTRACTOR'S YARD
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED MINUTES FROM 7/14/98
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
SEE ATTACHED FINDINGS
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:
~ ~~~ ~
~ (,~ ~ ,~
~o~ ~~w
v
~Pp
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
f
MERIDIAN PLANNING AND ZONING COMMISSION
JULY I4, 1998
PAGE 10
ITEM #10: CONTINUED PUBLIC HEARING: REQUEST FOR A CONDITIONAL
USE PERMIT FOR A CONTRACTORS' YARD BY DOVOVAN HANSON d/b/a
HANSON EXCAVATING -- LOT 2, BLOCK 1 OF PLAYGROUND SUBDIVISION.
MacCoy: Is the applicant here tonight? Is there anyone from the public who
would like to speak this evening on this condition?
Smith: Mr. Chairman, I would like to make a motion similar to what I did on the
last item, which was to ask staff to contact the applicant and continue this item
.until our August 11 meeting.
De Weerd: Second.
MacCoy: Any discussion?
Borup: One comment. Yes. From what I remember, what we are waiting for is
landscaping plan, was that mainly-
MacCoy: That was one of the things yes.
Smith: I think the applicant was going to determine from a cost stand point
whether what kind of fencing was cost effective or in his budget to put around the
equipment and landscaping and just take a look at the costs associated with
what we were asking him to do.
Borup: The main two things were fencing and landscaping.
1
Smith: Yeah, that's... yes.
MacCoy: I think the other item too was that ACRD had not sent anything in and
we have that in our hands too. I think Commissioner Smith is correct because it
was going to be quite costly and we recommended that he do some homework.
Borup: We do have the ACHD?
MacCoy: Yeah.
De Weerd: Do we?
MacCoy: Based on the... remember the playground we had a couple of years
ago? They reissued it. That's all they do.
Borup: Oh, I didn't get that in my packet.
MacCoy: Okay. All in favor of Commissioner Smiths statement.
MERIDIAN PLANNING AND ZONING COMMISSION
JULY 14, 1998
PAGE 11
MOTIONED CARRIED: All aye.
Borup: I'm sorry did...you did the same thing staff was going to contact.
MacCoy/De Weerd: Yes,.
Borup: I have a question to whether Mr. Hanson ... I wondered if he realized that
he needed to complete the rest of what he was asked or if he might of thought
he...
De Weerd: No, I ..I ...
Borup: 1 think that needed to be emphasized to him that it is still pending.
MacCoy: Our Clerk said he was called so that is all we can do.
Borup: That's all I had, thank you.
MacCoy: Commissioner' De Weerd, do you have anything else you wanted to
comment on?
De Weerd: No.
MacCoy: We will continue Item #10 until next August 11th meeting.
ITEM #11: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL
USE PERMIT FOR TABLES AND CHAIRS FOR OUTSIDE SEATING BY WILD
WEST BAKERY- 611 E. 1ST STREET.
MacCoy: is anybody here... very good, come forward. We missed you last time.
CAROLYN JANSEN, 708 SPY GLASS WAY, EAGLE 83616 WAS SWORN BY
THE ASSISTANT CITY ATTORNEY.
Jansen: Well, I just wanted to put my tables and chairs out. And 1 want to get
them out there right away. I have customers all of the time asking me when we
could sit outside. So, and I have drawn pictures and submitted them and I have
talked to ACHD and got the license agreement underway so I think we are all
squared away on that: Do you have any questions for me? Can I put them out
tomorrow?
MacCoy: Just a minute. Commissioners do you have any questions for the
applicant?
Smith: I don't have any.
MERIDIAN PLANNING AND ZONING COMMISSION
JULY 14, 1998
PAGE 15
De Weerd: Continued
Borup: That we continued. Did he leave again.
MacCoy: The correct procedure I guess is for if you want to do this Mr. Borup,
you can make a motion and... Commissioner Borup?
,I
Borup: Yes, I would move that we reopen the, bring up agenda Item #10.
MacCoy: Is there a second?
De Weerd: Second.
MOTION CARRIED: Ail aye.
ITEM #10: CONTINUED PUBLIC HEARING: REQUEST FOR A CONDITIONAL
USE PERMIT FOR A CONTRACTORS' YARD BY DOVOVAN HANSON d/b/a
HANSON EXCAVATING -LOT 2, BLOCK 1 OF PLAYGROUND SUBDIVISION.
MacCoy: I understand Mr. Hanson has arrived this evening. Do you want to
come forward; Is there anything you would like to add to the open hearing, yet?
You have nobody who wants to talk or for you, either way.
Hanson: Moving a little fast in that direction.
MacCoy: This is unusual for us.
Attorney: I'm sorry sir I'm being distracted.
DONOVAN HANSON, 4601 N. FIVE MILE ROAD, BOISE. SWORN IN BY
ASSISTANT ATTORNEY.
Hanson: Okay, I guess I'm applying for a conditional use permit for a
contractor's yard on Lot 2, Block 1 of the playground subdivision. The last
hearing we went over everything and we got to bushes and fence. Um, the
proposal I have is I will put an 8 foot fence across the center of the yard with the
slats in it and a 6 foot to go around the side perimeter and the berm up front, I will
match the neighbor.
MacCoy: Who is....Sesko, yes.
Hanson: I'd put the trees behind the tractors, I'll put them in front. What else do
you need to know?
MacCoy: Okay commissioners...
MERIDIAN PLANNING AND ZONING COMMISSION
JULY 14, 1998
PAGE 16
Borup: I think those are exactly the items we discussed earlier, other than staff
may want a written landscaping plan. Would that be right, Mr. Freckleton? Would
that be appropriate for the... come in on paper or do you want to look at it when it
is done?
Freckleton: Commissioner Borup, I think it would be a good idea to put this down
on paper, have a plan to look at. I think this was discussed at the last meeting.
Borup: That was my recollection.
Hanson: How big of a piece of paper do you want?
Freckleton: Do you have a sketch, Mr. Hanson. You do have a sketch. Yeah, if
you could submit that for our Planning and Zoning administrator to look at.
Hanson: You get that?
Freckleton: Probably submit it through the City Clerk
(Inaudible)
De Weerd: Can we see that?
MacCoy: While.they're looking at that, Bruce...does he have a copy of the
ACRD report for the playground. Have you talked that over with him?
Freckleton: I have not.
MacCoy: You have not. a
(lnaudible)
Borup: Mr. Hanson I think this addressed our concerns. If you could do this, do
you have a pencil with you?
Hanson: No '
Smith: If you could finish' off the left side of the site with your fence, indicate what
that is and indicate where your gate is.
Hanson: Okay.
Smith: Then give it to the City Clerk and I would be satisfied with it.
Hanson: Okay.
MERIDIAN PLANNING AND ZONING COMMISSION
JULY 14, 1998 ~
PAGE 17
Smith: I don't know,aboufi my other fellow,commissioners:..
Borup: Yes, I would too. .Was that, did that just get cut off on the copy machine
or was that to have a fence along the west side.
Hanson: Yeah, there should be a fence on the west side.
Smith: If you just indicate that and give it back to the City Clerk, I'd be willing to
move this along.
Borup: I would too.
De Weerd: Would Bruce, like to look at that real quick?
MacCoy: While he is doing that, Mr. Hanson, did you receive a copy of this from
the ACRD?
Hanson: ~ ACHD. Probably not.
MacCoy: This was one that was issued to us on...the latest one was on June 24
of this year, but the actual document is November 10, 1995 document which was
made by ACHD for the playground and they're saying they're standing *by-the,
same document.
MacCoy: Does that look familiar?
Hanson: I got one from the police department, from the fire department, not from
the ACHD. ~
MacCoy: We will give you a copy of this too.
Hanson: {t would be nice to have a gate to get in and out.
(Inaudible)
Freckleton: Commissioner De Weerd, l do think the plan looks good with the
changes and gate location showing the fence on the west and am satisfied.
De Weerd: Thank you. That was exactly what we were looking for.
Hanson: Okay, is that it?
MacCoy: It is still a public hearing. Does anyone else want to come up and
comment while Mr. Hanson is here? If not, I will now close this public hearing
and commissioners? ~I
MERIDIAN PLANNING AND ZONING COMMISSION
JULY 14, 1998
PAGE 18 +
De Weerd: Mi•. Chairman? I move that we move... or ask that the Assistant City
Attorney to provide Findings of Fact and Conclusions.
Smith: Second.
MOTION CARRIED: All aye.
MacCoy: Mr. Hanson, it will be moved forward.
(RECESS TAKEN)
ITEM #17: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT
FOR A REGIONAL SHOPPING CENTER BY DAKOTA COMPANY, INC-
SOUTHEAST CORNER OF EAGLE & FAIRVIEW.
MacCoy: Is the applicant here this evening?
LARRY DURKIN, 380 E PARK CENTER BLVD, BOISE 83706. WAS SWORN
IN BY ASSISTANT CITY ATTORNEY. '
Durkin: My name is Larry Durkin, I'm the president of Dakota Company Inc. of
Boise. I'm here tonight on behalf of Hermes Associates, asking you to approve
our conditional use application for the family center at Meridian. The project will
include about 70 acres. I.will turn around and show the audience the plan in just
a moment, but first I will show it to you, okay. The project as stated on the
intersection of Fairview Ave and Eagle, this is Highway 55 it's an area we have
intentions for a theatre, an entertainment area on the far east end of the project.
We are proposing a warehouse club store in this area, similar to a Costco or
Sams Club. We have development in this area that includes an office supply
superstore, a Shopko store, a general merchandise discount department store.
Apparel and linens going into this area. Then I need a road near the Blue
Cross/Blue Shield and in that area we are happy to say we have a new retail
grocery operation that is coming to the area, with a 65,000 square foot store. We
have a large sporting goods store that will be going into this end of the project.
And then on the project furthest to the south we have a consumer electronics and
similar re{ated type of retai{ uses. I'm going to take a moment and show the
audience, is that okay?
MacCoy: Sure, go right ahead.
Durkin: In addition to the uses I have talked about in the retail area. We have a
series of pad uses on the perimeter of the project and they are...they include a
sit down family restaurant, some fast food, a financial institution. We have a
copy printing operation, and I guess I would just say they are the traditional types
of pad uses you would see in a development like this. Some new tenants to the
area and some are expanding within. the area. The former owners of the
REC'E'R'ED
AUG p 1 1998
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISS:
+ DONOVAN HANSON D/B/A HANSON EXCAVATING CITY OF MERIDIAN
CONDITIONAL USE PERMIT FOR A CONTRACTORS YARr
1
LOT 2, BLOCFC 1, PLAYGROUND SUBDIVISION
1780 E. OVERLAND ROAD
.~ <+~- {-
MERIDIAN, IDAHO .~~~~~
~~-11-~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearings
on June 17, 1998 and July 14, 1998, at the hour of 7:00 o'clock
p.m., the Applicant, Donovan Hanson, appearing, 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 hearings on the application for the
conditional use permit was published for two (2) consecutive weeks
prior to said public hearings scheduled on June 17, 1998 and July
14, 1998, the first publication of which was fifteen (15) days
prior to said hearings; that the matter was duly considered at the
June 17, 1998 and July 14, 1998, hearings; that the public was
given full opportunity to express comments and submit evidence; and
that copies of all notices were available to newspaper, radio and
television stations.'
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
2. The property is located within the City of Meridian the
address is listed in the application as Lot 2, Block 1,
Playground Subdivision,~1780 E. Overland Road. The property is
described in the application for a conditional use permit, which
description is incorporated herein as if set forth in full. The
Applicant is not the owner of record of the property; the record
owner of the property is D. Michael Clarke and Sue Clarke,
husband and wife. The owner has submitted a consent to this
application.
3. Pursuant to the application, the property is presently
zoned as (C-G), General Retail and Service Commercial. The
proposed use of the property is to construct a contracting yard.
The Applicant presented a site plan depicting the location of the
proposed use. Further, pursuant to the application, the
Applicant agrees to pay any additional sewer, water or trash fees
or charges, if any, associated with the use, whether that use be
residential, commercial or industrial.
4. Donovan Hanson was sworn in by the Assistant City
Attorney. Mr. Donovan noted that they have applied for a
conditional use permit for a contractors yard. He would have
eight trucks, eight pieces of equipment and eight trailers. Mr.
Hanson noted that he may be considering this as a permanent
location.
Commissioner De Weerd noted that she felt this was not the
most appropriate place for this from an aesthetics point of view.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
a
7
She felt that since it is visible from all directions and along
a major corridor into Meridian, the use is not compatible.
In addressing Commissioners questions, Mr. Hanson noted that
the front would be paved and the back of the property gravel and
the gate would be a single gated entrance.
Becky Bowcutt was sworn in by the Assistant City Attorney.
Mrs. Bowcutt noted that just south of the proposed development
there are plans for a new high school. She felt that the
contractors yard would not be compatible with a new high school.
Craig°Groves was sworn in by the Assistant City Attorney.
Mr. Groves inquired whether the proposed project would effect the
planned sewer extension. Mr. Freckleton noted that since the
Applicant is not looking for any structures to be placed on the
property, the sewer is not an issue. Mr. Groves felt that a
contractors yard was not the best long-term use of the property.
Michael Clarke was sworn in by the Assistant City Attorney.
Mr. Clarke noted that he was not prepared to develop the
property at this time and felt Mr. Hanson would do a good job of
maintaining the property. Commissioner Borup inquired about the
use of landscaping. Mr. Clarke stated "So they want us to put a
hill in front of the property?" The Commissioner s went on to
note that landscaping would be needed in front of the project.
Commissioner De Weerd inquired about the permanency of the
project. Mr. Clark noted that he did not have a problem with the
permanency of the contractors yard. Commissioner De Weerd noted
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD,
her displeasure with a permanent contractors yard in that
location. Commissioner De Weerd noted that she had not seen any
landscaping plans, fencing plans, or anything that could provide
her with a vision of what the area would look like.
The Commission then had a lengthy discussion about some of
the items that were not adequately addressed. These items
included landscaping, fencing, irrigation, and term of use. The
Commission continued th,e public hearing to allow the Applicant to
address some of the above issues and present a revised plan to
the Planning and Zoning Commission.
5. The public hearing was continued to July 14, 1998, and
the following testimony- was given at that hearing.
Donovan Hanson was sworn in by the Assistant City Attorney.
Mr. Hanson noted that he would put an 8 foot fence with slats
across the center of the yard, a six foot fence around the side
perimeter, and he would match the neighbors landscaping. (The
neighbor is CESCO.)
6. Shari Stiles, Planning and Zoning Administrator, and
Bruce Freckleton, Assistant to the City Engineer submitted
comments, which respective comments are as follows.
1. Sanitary sewer and water to this site would be via
existing mains service lines. The City of Meridian owns
and maintains` an existing 12" diameter water main along
the southerly frontage of the property. A private sewer
main extends into the subject site, and at this time
provides service to the CESCO property adjacent to the
east. This application has been reviewed under the
assumption that no structures, or sewer/water services
will be needed on the site.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
;.
2. No buildings, except for an electrical distribution
house, are shown as part of this application and, as
such, none are approved with this application.
3. All signage shall be in accordance with the standards
set forth in Section 11-2-415 of the City of Meridian
Zoning and Development Ordinance. All signage shall
receive design approval of the Planning & Zoning
Department and should be professionally made. A-frame
and other temporary signs will not be permitted and will
be removed upon 3 days notice to the Applicant. Sign
permits are needed for all signage.
4. Screened trash enclosures are to be provided in
accordance with City Ordinance. Coordinate dumpster
site locations with the City's solid waste contractor,
Sanitary Services, Inc. Locate dumpsters so as not to
impede fire access.
5. This conditional use permit shall be subject to review
upon ten (10) days notice to the applicant. An approval
of transfer will be required for any new owners/tenant.
6. Provide security lighting plans, if any, to the Meridian
Public Works Department for approval.
7. This site is located on a platted lot in The Playground
Subdivision. Overland Road is designated as an entrance
corridor in the Meridian Comprehensive Plan. A
condition of annexation, and of the plat, requires a
minimum 35-foot-wide landscaped setback beyond required
right-of-way. The Applicant shall submit detailed
landscape plans for approval prior to occupying the
site.
8. All outdoor storage of equipment and materials shall be
screened from view.
9. Contractors yard shall be located a minimum distance of
three hundred feet (300') from any residence except for
an owner's residence.
10. The contractors yard will be limited to storage,
maintenance and processing incidental to contracting
work. There shall be no general industrial or
commercial uses.
7. The Meridian Fire Chief, Kenny Bowers, submitted the
following comments. He is requiring that all codes be met.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
DONOVAN HANSON - CONDITIONAL'"USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
i
8. The Meridian{ Chief
of Police, Bill Gordon, had no
comments .
9. The Central District Health Department had no objections
to this proposal.
10. The Nampa & Meridian Irrigation District's Hunter
Lateral courses along the west boundary of the project. The right-
of-way of the Hunter Lateral is 40 feet; 20 feet from the center
each way. See Idaho Code 42-1208 RIGHTS-OF-WAY NOT SUBJECT TO
ADVERSE POSSESSION. The developer must contact John P. Anderson or
Bill Henson for approval before any encroachment or change of
right-of-way occurs. They are also requiring that a Land Use
Change/Site Development application be filed for review prior to
final platting. All laterals and wasteways 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.
11. There was no further testimony given at the hearing.
CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning
Act and of the Ordinances of the City of Meridian have been met,
including the mailing of notice to owners of property within 300
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
feet of the external boundaries of the 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.
3. The City has the authority to take judicial notice of
its own ordinances, other governmental statutes and ordinances, and
of actual conditions existing within the City and the State.
4. The property is zoned (C-G) General Retail and Service
Commercial. The (C-G), General Retail and Service Commercial is
described in the Zoning Ordinance, 11-2-408 B 11 as follows:
(C-G) General Retail and Service Commercial- The purpose of
the (CG) 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 highway 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.
i
6. 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."
7. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR`S YARD
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.
8. 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 apart 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.
9. This Application for a conditional use has been judged
upon the basis of guidelines contained in Section 11-2-418 of the
Zoning And Development Ordinance of the City of Meridian and upon
the basis of the Local Planning Act of 1975, Title 67, Chapter 65,
Idaho Code, the Comprehensive Plan of the City of Meridian, and the
record submitted to it and the things of which it may take judicial
notice.
10. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
Planning and Zoning Commission concludes as follows:
a. The use, would in fact, constitute a conditional
u'se 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 this Ordinance;
c. The use is designed and is to be constructed to be
harmonious in appearance with the character of the
general vicinity; that if the conditions set forth
herein are complied with the use should be operated
and maintained to be harmonious with the intended
character of the general vicinity and should not
change the essential character of the area;
d. The use will not be hazardous or disturbing to
existing or future neighboring uses if the
Applicant provides and maintains the required
berming;
e. Sewer and water service is available, but the
Applicant may have to pay additional fees for the
use;
f. The use will not create excessive additional
requirements at public cost for public facilities
and services and will not be detrimental to the
economic welfare of the community;
g. The use will not involve 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 use` will have vehicular approaches to the
property which shall be so designed as not to
create an interference with traffic on surrounding
public streets; and
i. The development of the property will not result in
the destruction, loss or damage of a natural or
scenic feature of major importance.
Tt is recommended that the conditional use permit be granted
in this case for the above reasons.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
11. Conditions may be placed upon the granting of a
conditional use permit if it is determined that the permit should
be issued, 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 are required,
if a permit is issued, to wit:
a. The conditional use, pursuant to the Zoning
Ordinance, shall not be transferable to another
owner or lessor of the subject property or to
another property;
b. The Applicant shall meet the requirements of the
City Engineer's office, the Planning and Zoning
Administrator, Meridian Fire Department, Meridian
Police Department, Meridian Sewer Department,
Central District Health Department and Nampa &
Meridian Irrigation District and other governmental
agencies submitting comments;
c, The conditional use shall not be restricted to a
period of authorization but may be reviewed
annually, upon notice to the Applicant, for
violation of any conditions imposed herein and
other conditional use applications;
d. All ordinances of the City of Meridian must be met,
including but not limited to, the Uniform Building
Code, .Uniform Fire Code, Uniform Plumbing Code, the
Fire and Life Safety Codes, all parking and
landscaping requirements;
e. Handicap parking, associated signage and building
canstruction shall meet the requirements of the
Americans with Disabilities Act.
f. A11 signs must meet the requirements of the Uniform
Sign Code and the Meridian City Ordinance, in
addition, flashing signs and temporary signs will
not be permitted. All signs are subject to review.
In addition to the Meridian Sign Ordinance, all
signage of any type must be approved by .the
Meridian City Council. Sign permits are to be
obtained prior to construction. Upon three days
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1Q
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
notice to any tenant, the City of Meridian will
remove any unauthorized si.gnage.
g. Applicant will provide a screened trash enclosure
per City Ordinance Section 11-2-414.A.3. The
applicant shall coordinate dumpster site locations
with the City's solid waste contractor, Sanitary
Services, Inc., locating dumpsters so as not to
impede fire access.
h. All driveway and parking areas shall be paved, with
all driveway accesses approved by the Ada County
Highway District. Graveled driveways, parking and
access are unacceptable. A drainage plan designed
by a State of Idaho licensed architect or engineer
is required and shall be submitted to the City
Engineer (Ord.557, 10-1-91} for all off street
parking areas. All site drainage shall be contained
and disposed of on-site. All driveway and parking
stall dimensions shall comply with Meridian City
Ordinance.
i. Assessment fees for water and sewer service are
determined during the building plan review process.
Applicant shall be required to comply with
pretreatment requirements as determined by the
Meridian Wastewater Department, and enter into an
Assessment Agreement with the City of Meridian.
j. The Applicant shall provide parking lot lighting
plans to the Meridian Public Works Department.
Illumination of the site shall be designed to not
cause 'glare or adversely impact neighboring
residential properties or the traveling public, as
determined by the City of Meridian.
Fur the Applica shall subm' "ghting Tans
sp cific lly for the Chevron Stati n. Prior
a proval f tho e plans shall e a c ndi ion to
g4anting t co ditional us it.
k. Significant changes from the site plan approved
under this conditional use permit, as determined by
the Planning and Zoning Administrator, will require
re-noticing and rehearing before the Planning and
Zoning Commission and Council.
1. It shall be a condition of the conditional use
permit that the Applicant enter into a Development
Agreement with the City of Meridian. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
i~
k
t;` `
MERIDIAN PLANNING & ZONING COMMISSION MEETING: AUGUST 1 1, 1998
.~, ~, ...
APPLICANT: DONOVAN HANSON a AGENDA ITEM NUMBER: 2
V.
REQUEST: CONDITION USE PERMIT FOR CONTRACTOR'S YARD
AGENCY `~ ~ COMMENTS
CITY CLERK: SEE ATTACHED MINUTES FROM 7/14/98
~~
CITY ENGINEER: ~i
t
CITY PLANNING DIRECTOR:
CITY ATTORNEY: SEE ATTACHED FINDINGS
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:
All Materials presented at pubi is meetings shall become property of the City of Meridian.
I
~~ MERIDIAN PLANNING AND ZONING COMMISSION
JULY 14, 1998
PAGE 10
ITEM #10: CONTINUED PUBLIC HEARING: REQUEST FOR A CONDITIONAL
USE PERMIT FOR A CONTRACTORS' YARD BY DOVOVAN HANSON d/b/a
HANSON EXCAVATING -LOT 2, BLOCK 1 OF PLAYGROUND SUBDIVISION.
MacCoy: Is the applicant here tonight? Is there anyone from the public who
would like to speak this evening on this condition?
Smith: Mr. Chairman, I would like to make a motion similar to what I did on the
fast item, which was to ask staff to contact the applicant and continue this item
until our August 11 meeting.
De Weerd: Second.
MacCoy: Any discussion?
Borup: One comment. Yes. From what I remember, what we are waiting for is
landscaping plan, was that mainly-
,
MacCoy: That was one of the things yes.
Smith: I think the applicant was going to determine from a cost stand point
whether what kind of fencing was cost effective or in his budget to put around the
equipment and landscaping and just take a look at the costs associated with
what we were asking him to do.
Borup: The main two things were fencing and landscaping.
Smith: Yeah, that's... yes.
MacCoy: I think the other item too was that ACHD had not sent anything in and
we have that in our hands too. I think Commissioner Smith is correct because it
was going to be quite costly and we recommended that he do some homework.
Borup: We do have the ACHD?
MacCoy: Yeah.
De Weerd: Do we?
MacCoy: Based on the... remember the playground we had a couple of years
ago? They reissued it. That's all they do.
Borup: Oh, I didn't get that in my packet.
MacCoy: Okay. All in favor of Commissioner Smiths statement.
MERIDIAN PLANNING AND ZONING COMMISSION
JULY 14, 1998
PAGE 11
MOTIONED CARRIED: All aye.
Borup: !'m sorry did...you did the same thing staff was going to contact.
MacCoy/De Weerd: Yes.
Borup: i have a question to whether Mr. Hanson ...I wondered if he realized that
he needed to complete the rest of what he was asked or if he might of thought
he...
De Weerd: No, ! ..I ...
Borup: I think that needed to be emphasized to him that it is still pending.
MacCoy: Our Clerk said he was called so that is all we can do.
Borup: That's all I had, thank you.
MacCoy: Commissioner De Weerd, do you have anything else you wanted to
comment on?
De Weerd: No.
MacCoy: We will continue Item #10 until next August 11th meeting.
ITEM #11: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL
USE PERMIT FOR TABLES AND CHAIRS FOR OUTSIDE SEATING BY WILD
WEST BAKERY- 611 E. 1 ST STREET.
MacCoy: is anybody here...very good, come forward. We missed you last time.
CAROLYN JANSEN, 708 SPY GLASS WAY, EAGLE 83616 WAS SWORN BY
THE ASSISTANT CITY ATTORNEY.
Jansen: Well, I just wanted to put my tables and chairs out. And I want to get
them out there right away. I have customers all of the time asking me when we
could sit outside. So, and I have drawn pictures and submitted them and 1 have
talked to ACRD and got the license agreement underway so I think we are all
squared away on that. Do you have any questions for me? Can l put them out
tomorrow?
MacCoy: Just a minute. Commissioners do you have any questions for the
applicant?
Smith: I don't have any.
;,
MERIDIAN PLANNING AND ZONING COMMISSION
JULY 14, 1998
PAGE I S
De Weerd: Continued.
Borup: That we continued. Did he leave again.
MacCoy: The correct procedure I guess is for if you want to do this Mr. Borup,
you can make a motion and... Commissioner Borup?
Borup: Yes, I would move that we reopen the, bring up agenda Item #10.
MacCoy: is there a second?
De Weerd: Second.
MOTION CARRIED: Ali aye.
ITEM #10: CONTINUED PUBLIC HEARING: REQUEST FOR A CONDITIONAL
USE PERMIT FOR A CONTRACTORS' YARD BY DOVOVAN HANSON d/b/a
HANSON EXCAVATING -LOT 2, BLOCK 1 OF PLAYGROUND SUBDIVISION.
MacCoy: I understand Mr. Hanson has arrived this evening. Do you want to
come forward; Is there anything you would like to add to the open hearing, yet?
You have nobody who wants to talk or for you, either way.
Hanson: Moving a little fast in that direction.
MacCoy: This is unusual for us.
Attorney: I'm sorry sir I'm being distracted.
DONOVAN HANSON, 4601 N. FIVE MILE ROAD, BOISE. SWORN IN BY
ASSISTANT ATTORNEY.
Hanson: Okay, I guess I'm applying for a conditional use permit for a
contractor's yard on Lot 2, Block 1 of the playground subdivision. The last
hearing we went over everything and we got to bushes and fence. Um, the
proposal i have is I will put an 8 foot fence across the center of the yard with the
slats in it and a 6 foot to go around the side perimeter and the berm up front, I will
match the neighbor.
MacCoy: Who is....Sesko, yes.
Hanson: I'd put the trees behind the tractors, I'll put them in front. What else do
you need to know?
MacCoy: Okay commissioners...
MERIDIAN PLANNING AND ZONING COMMISSION
JULY 14, 1998
PAGE 16
Borup: I think those are exactly the items we discussed earlier, other than staff
may want a written landscaping plan. Would that be right, Mr. Freckleton? Would
that be appropriate for the... come in on paper or do you want to look at it when it
is done?
Freckleton: Commissioner Borup, I think it would be a good idea to put this down
on paper, have a plan to look at. !think this was discussed at the last meeting.
Borup: That was my recollection.
Hanson: How big of a piece of paper do you want?
Freckleton: Do you have a sketch, Mr. Hanson. You do have a sketch. Yeah, if
you could submit that for our Planning and Zoning administrator to look at.
Hanson: You get that?
Freckleton: Probably submit it through the City Clerk
(Inaudible)
De Weerd: Can we see that?
MacCoy: While they're looking at that, Bruce... does he have a copy of the
ACHD report for the playground. Have you talked that over with him?
Freckleton: I have not.
MacCoy: You have not.
(Inaudible)
Borup: Mr. Hanson 1 think this addressed our concerns. If you could do this, do
you have a pencil with you?
Hanson: No
Smith: If you- could finish off the left side of the site with your fence, indicate what
that is and indicate where your gate is.
Hanson: Okay.
Smith: Then give it to the City Clerk and I would be satisfed with it.
Hanson: Okay.
MERIDIAN PLANNING AND ZONING COMMISSION
JULY 14, 1998
PAGE 17
Smith: I don't know about my other fellow commissioners...
Borup: Yes, I would too...Was that, did that just get cut off on the copy machine
or was that to have a fence along the west side.
Hanson: Yeah, there should be a fence on the west side.
Smith: If you just indicate that and give it back to the City Clerk, I'd be willing to
move this along.
Borup: I would too.
De Weerd: Would Bruce like to look at that real quick?
MacCoy: While he is doing that, Mr. Hanson, did you receive a copy of this from
the ACHD?
Hanson: ACHD. Probably not.
MacCoy: This was one that was issued to us on...the latest one was on June 24
of this year, but the actual document is November 10, 1995 document which was
made by ACHD for the playground and they're saying they're standing by the
same document.
MacCoy: Does that look familiar?
Hanson: I got one from the police department, from the fire department, not from
the ACRD.
MacCoy: We will give you a copy of this too.
Hanson: It would be nice to have a gate to get in and out.
(Inaudible)
Freckleton: Commissioner De Weerd, I do think the plan looks good with the
changes and gate location showing the fence on the west and am satisfied.
De Weerd: Thank you. That was exactly what we were looking for.
Hanson: Okay, is that it?
MacCoy: It is still a public hearing. Does anyone else want to come up and
comment while Mr. Hanson is here? If not, I will now close this public hearing
and commissioners?
MERIDIAN PLANNING AND ZONING CO1~IIvIISSION
JULY 14, 1998
PAGE I S
De Weerd: Mr. Chairman? I move that we move:.. or ask that the Assistant City
Attorney to provide Findings of Fact and Conclusions.
Smith: Second.
MOTION CARRIED: All aye.
MacCoy: Mr. Hanson, it will be moved forward.
(RECESS TAKEN)
ITEM #17: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT
FOR A REGIONAL SHOPPING CENTER BY DAKOTA COMPANY, INC-
SOUTHEAST CORNER OF EAGLE & FAIRVIEW.
MacCoy: Is the applicant here this evening?
LARRY DURKIN, 380 E PARK CENTER BLVD, BOISE 83706. WAS SWORN
IN BY ASSISTANT CITY ATTORNEY.
Durkin: My name is Larry Durkin, I'm the president of Dakota Company Inc. of
Boise. I'm here tonight on behalf of Hermes Associates, asking you to approve
our conditional use application for the family center at Meridian. The project will
include about 70 acres. I will turn around and show the audience the plan in just
a moment, but first I will show it to you, okay. The project as stated on the
intersection of Fairview Ave and Eagle, this is Highway 55 it's an area we have
intentions for a theatre, an entertainment area on the far east end of the project.
We are proposing a warehouse club store in this area, similar to a Costco or
Sams Club. We have development in this area that includes an office supply
superstore, a Shopko store, a general merchandise discount department store.
Apparel and linens going into this area. Then I need a road near the Blue
Cross/Blue Shield and in that area we are happy to say we have a new retail
grocery operation that is coming to the area, with a 65,000 square foot store. We
have a large sporting goods store that will be going into this end of the project.
And then on the project furthest to the south we have a consumer electronics and
similar related type of retail uses. I'm going to take a moment and show the
audience, is that okay?
MacCoy: Sure, go right ahead.
Durkin: In addition to the uses I have talked about in the retail area. We have a
series of pad uses on the perimeter of the project and they are...they include a
sit down family restaurant, some fast food, a financial institution. We have a
copy printing operation, and I guess I would just say they are the traditional types
of pad uses you would see in a development like this. Some new tenants to the
area and some are expanding within the area. The former owners of the
~.r
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MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 1 1998
APPLICANT: DONOVAN HANSON ITEM NUMBER: 7
REQUEST: ~ CONDITIONAL USE PERMIT FOR A CONTRACTORS' YARD
}~
AGENCY COMMENTS
CITY CLERK: SEE ATTACHED MINUTES FROM 8/18!98
CITY ENGINEER: A
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:
All Materials presented at public meetings shall become property of the City of Meridian.
r
Meridian City Council
August 18, 1998
Page 12
Corrie: Yes, we just did. That was up on nine. Any further discussion? No further
discussion all those in favor of the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 12: REQUEST FOR CONDITIONAL USE PERMIT FOR CONTRACTORS
YARD BY DONOVAN HANSON d/b/a HANSON EXCAVATING -LOT 2, BLOCK 1 OF
PLAYGROUND SUBDIVISION.
Come: Is Mr. Hanson here tonight? Council this is a conditional use permit for a
contractors yard which is being used for that right now. So discussion?
Rountree: Did Mr. Hanson know that this was on the agenda this evening? Question
for Shari, do you have any comments on this particular item? Is this consistent with the
subdivision. Apparently it's an ongoing activity that they are request a conditional use
for.
Stiles: Mr. Hanson came into submit the application was told that was required for a
contractors yard in that area. He was also informed he was not to use the land at all for
a contractors yard until it was approved by City Council. Approximately two days later it
was filled with equipment. So I guess he doesn't feel any need to -he's applied for a
conditional use permit. That's as far as he thinks he has to go I guess.
Bentley: Mr. Mayor, what recourses do we have?
Corrie: You can either approve it or disapprove it a conditional use permit. If it's
disapproved he takes his equipment off of it. If you approve it, he can leave it on.
Bentley: Well my point is he was told he couldn't even start with it until it was done. So
my question is what legal authority do we have right now to act on what he's done?
Corrie: I have Findings. You can either accept the conditional use permit or you can
reject it. At this point you have the Findings of the Planning and Zoning Commission.
So you can either adopt theirs, order new Findings, or reject the whole project. Correct
Mr. Counselor?
Prior: If I understand Councilman Bentley are you looking for other options as well?
Bentley: Well I think it's time that the people start following the instructions and the laws
and the ordinances.
Prior: If it's your preference Councilman there's a couple of things I can do. I can
immediately tomorrow look and see if there's any vio{ation of Meridian municipal code
Meridian City Council
August 18, 1998
Page 13
and if there is and it calls.for a criminal penalty, I can...file criminal charges_if that's your
,preference. If not then~what I can do is seek an injunction against that gentleman
.preventing him from any further use of that property because he's in violation of
Meridian ordinances. It's whatever your preference is.
Rountree: The other option is as I see it is to go ahead and take action on the Findings,
approve the Conditional Use Permit and hold him to those conditions and I suspect
there may be some difficulty in doing that as well, but at least we've taken it through the
process. I'm probably giving you a better avenue to do any corrective action with the
conditional use permit.
Prior. Are you asking for myrpreference?
Rountree: No, that's my observation. I know what your preference is.
Corrie: 1 don't know whether it's going to come back and get us again, but we'll see.
It's Council's decision.
Bentley: 1'd like to hear the other two councilmen what their thoughts are on this.
Anderson: I guess I would like to see us table it until he comes before us so that I can
ask him whether he agrees to the conditions set forth in this:
Bird: I feel that I kind of agree with Charlie that we go ahead and pass on these and
make him live by the conditions.
Rountree: I by no means object to the applicant come in and tell us whether these
conditions are acceptable to him.
Bird: That's right.
Corrie: I'll entertain a motion to any affect you would like to do tonight.
Anderson: Mr. Mayor I make a motion we table the conditional use permit for Donovan
Hanson until such time as he comes before the Council so that we can ask him if he has
any problem with the conditions set forth.
Rountree: Second.
Corrie: Motion made by Mr. Anderson second by Mr. Rountree that we table this until
the applicant comes forth to City Counci{ and answer questions of the Council on the
approval of the Conditional Use Permit.
,.
Meridian Ciiy Council
August 18, 1998
Page 14
Bentley: Discussion Mr. Mayor. I don't like to make it that open ended. If he isn't here
tonight and we table this. He's already in operation. What to say which year he is going
to show up here? f mean if you want to put a time certain on this table it and then take
action on that time, say the next meeting and he doesn't show up by then and then we
take some action- on it. ('d be inclined to agree with that, but I don't want to give him an
open end since he's already seen fit to start operations without it.
Anderson: I think where it's not approved, he's out of compliance right now, so he can
be contacted and told he's out of compliance and he needs to get that equipment out of
there whether this is tabled or not. Is that correct?
Corrie: That's correct. Any further discussion?
Rountree: It probably would be cleaner if we had a date certain and instruct staff to let
him know that he's to be here at that date. He can come before us and tell us why he's
doing what he's doing and if the conditions are acceptable to him.
Corrie: Mr. Bird do you have any comment?
Bird: No.
Anderson: I would amend my motion then to put a date of September 1St for him to
appear before the Council on this matter.
Rountree: Second.
Corrie: I have a second. Motion has been made to have it table to September the 1St
and him come in and talk to the Council on this and be notified as such. Further
discussion? All in favor say aye.
MOTION CARRIED: All ayes.
Corrie: Shari, would you make sure he gets the word then?
ITEM N0. 13: REQUEST FOR CONDITIONAL USE PERMIT FOR TABLES AND
CHAIRS FOR OUTSIDE SEATING BY WILD WEST BAKERY- 611 E. 1ST STREET.
Corrie: Council you have the Findings of Fact and Conclusions of Law in front of you.
Rountree: Mr. Mayor, if there is no discussion I make a motion that we approve the
Findings of Fact and Conclusions of Law as prepared for us by Planning and Zoning
Commission.
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J U L 1 4 1998
CITY OF MERIDIAN
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SUSAN S. EASTLAKE, President
GARY E. RICHARDSON. Vice President
SHERRY R. HUBER, Secretary
City of Meridian
33 East Idaho Avenue
Meridian, Idaho 83642
Re: MCU-16-98
REc ~D
J U L 1 0 1998 ~`'~ ~ ~ ~'S ~ ~
CI ~"`.~ CE 17ERIDIAN
1 '`June 24, 1998
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Lot 2, Block 1 Playground Subdivision
On November 10, 1995, the Ada County Highway District Commissioners acted on The
Playground'Subdivision for this site. The conditions and requirements also apply to MCU-16-
98.
Sincerely,
Steve Arnold
Senior Development Analyst
cc: Project file
Chron file
ada county highway district
'` 318 East 37th • Boise,lddho 83714-6499
Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellusQachd.ada.id.us
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JAMES E. BRUCE, President
SHERRY R. HUGER, Vice President
SUSAN S. EASTLAKE, Secretary
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TO: The Playground, Inc.
1780 E. Overland Road
Meridian, ID 83642
FROM: Karen Gallagher, Coordina
Development Services Divis'
'SUBJECT: PRELIMINARY PLAT- The Playground
Overland e/a Locust Grove
November 10,.1995
Q
On November 8, 1995, the Commissioners of the Ada County Highway District (hereafter called
"District") took action on the Preliminary Plat as stated on the attached staff report.
In order that the Final Plat may be considered by the District for acceptance, the Developer shall
cause the following applicable standard conditions to be satisfied prior to District certification
and endorsement:
1. Drainage plans shall be submitted and subject to review and approval by the
District.
2. If public street improvements are required: Prior to any construction within the
existing or proposed public right-of--way, the following shall be submitted and
subject to review and approval by the District:
a. Three complete sets of detailed street construction drawings prepared by
an Idaho Registered Professional Engineer, together with payment of plan
review fee.
b. Execute and Inspection Agreement between the Developer and the District
together with initial payment deposit for inspection and/or testing services.
c. Complete all street improvements to the satisfaction of the District, or
execute Surety Agreement between the Developer and the District to
guarantee the completion of construction of all street improvements.
ada county highway district
318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680
(,
November 10, 1995
Page 2
3. Furnish copy of Final Plat showing street names as approved by the Local
Government Agency having such authority touether with payment of fee charged
for the manufacturing and installation of all street signs, as required.
4. If Public Rights-of--Way Trust Find deposit is required, make deposit to the
District in the form of cash or cashier's check for the amount specified by the
District.
5. Furnish easements, agreements, and all other datum or documents as required by
the District.
6. Furnish Final Plat drawings for District acceptance, certifications, and
endorsement. The final plat must contain the signed endorsement. The final plat
must contain the signed endorsement of the Owner's and Land Surveyor's
certification.
7. Approval of the plat is valid for one year. An extension of one year will be
considered by the Commission if requested within 15-days prior to the expiration
date.
Please contact me at 345-7680, should you have any questions.
KG
cc: Development Services
Chron
John Edney
Chuck Rinaldi
Tealey's Land Surveying
City of Meridian
ADA COUNTY HIGHWAY DISTRICT
Development Services Division
Development Application Report
Preliminary Plat -The Playground Overland east of Locust Grove
The Playground is a 3-lot commercial subdivision for a golf driving range and a recreational vehicle
park.. The 20-acre site is located at the northeast corner of Overland Road and Locust Grove Road.
This development is estimated to generate 1,600 additional vehicle trips per day.
Roads impacted by development:
Overland Road -Minor arterial with no pathway designation
- Traffic count 7,046 on 7-12-95
Locust Grove Road -Local street with no pathway designation
- No traffic count available
ACRD Commission Date -November 8, 1995 - 7:00 p.m.
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Facts and Findings:
A. General Information
C-G -Zoning
3 -Lots "
20.00 -Acres
286 -Traffic Analysis Zone (TAZ)
West Ada -Impact Fee Benefit Zone
Near rural -Impact Fee Assessment District
Overland Road
Minor arterial with no pathway
Traffic count 7,046 on 7-12-95
1,280-feet of frontage
70-feet existing right-of--way (45-feet north of centerline)
90-feet required right-of--way (45-feet from centerline)
Overland Road is improved` with 26-feet of pavement with no curb, gutter or sidewalk.
Locust Grove Road
Local street with no pathway designation
No traffic count available
420-feet of frontage
70-feet existing right-of--way (45-feet east of centerline)
90-feet required right-of--way (45-feet from centerline)
Locust Grove Road is a section line road that is improved with 24-feet of paving. The new
Meridian Comprehensive plan indicates that Locust Grove Road will eventually cross over
the Interstate 84, and staff recommends that adequate right-of--way be acquired. The bridge
for Locust Grove over Interstate 84 will probably begin a grade separation at the site's north
boundary, complicating access to Locust Grove for the abutting parcel to the. north.
The site has already developed an RV park abutting Locust Grove Road and the site's north
boundary. Staff suggests that the applicant consider a shared access to Locust Grove Road
for both parcels.
B. Interstate 84 is under the jurisdiction of Idaho Transportation Department (ITD). The
developer is required to~submit application materials to ITD for review and requirements of
that Department. Contact District III Traffic Engineer Gary Moles at 334-8340.
PLAYGROU.WPD
Page 2
C. The District approved the development proposal for The Playground on April 20, 1994. The
proposal included an RV park, a 36-hole miniature golf course, convenience store, office
space, and snack bar. The site is presently developed with a recreational vehicle park and a
golf driving range.
D. Two 32-foot wide paved driveways have been constructed on the site as approved in the
previous development approval. However, the driveways were not improved with pavement
tapers with 15-foot radii to allow vehicles a smoother transition from Overland Road to the
site. Staff recommends that the pavement tapers be required. ,
E. In accordance with District policy, staff recommends that the applicant be required to deposit
to the Public Rights-of--Way Trust Fund the cost of constructing 435-feet of 5-foot wide
concrete sidewalk on Overland Road abutting the parcel. These improvements are estimated
to cost a total of $3,700.
The applicant has already made deposits to the Public Rights-of--Way Road`Trust Fund for
sidewalk abutting the site on Locust Grove Road and 845-feet of sidewalk on Overland Road.
The preliminary plat includes 435 additional feet of frontage on Overland Road that the
previous development review did not include.
'~' F. The applicant has submitted a copy of a warranty deed #95025407 recorded March 28, 1995,
for 20 additional feet of right-of--way on Overland Road and Locust Grove Road, as required
in the previous development review.
k
G. The transportation system will be adequate to accommodate additional traffic generated by
this proposed development.
H. This application is scheduled for a public hearing by the Meridian Planning and Zoning
Commission on November 14 , 1995.
The following requirements are provided to the City of Meridian as conditions for approval:
Site Specific Requirements:.
1. Comply with requirements of ITD for Interstate 84 frontage. Submit to the District a letter
from ITD regarding said requirements prior to issuance of building permit (or other required
permits). Contact District III Traffic Engineer Gary Moles at 334-8340.
PLAYGROU.WPD
Page 3
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2. Provide a $3,700 deposit to the Public Rights-of-Way Trust Fund at the District for the
required street improvements of 435-feet of 5-foot wide concrete sidewalk on Overland Road
abutting the parcel prior to issuance of building permit (or other required permits).
With the exception of the two previously approved, existing driveways,,, direct lot or parcel
access to Overland Road is prohibited, in compliance with District policy. Lot access
restrictions shall be stated on the final plat.
4. Construct 15~-foot radii pavement tapers on the two existing driveways on Overland Road, as
previously required. 1
Standard Requirements:
A request for modification, variance or waiver of any requirement or policy outlined herein
shall be made in writing to the Development Services Supervisor. The request shall
~pgS.ifically identify each requirement to be reconsidered and include a written explanation of
~,y such a requirement would result in a substantial hardship or inequity.
Requests received prior to the- date scheduled for Commission action shall be rescheduled for
discussion with the Commission on the next available meeting agenda.
2. A request for an appeal of the Commission's action shall be made in writing to the
Development Services Supervisor within 15 calendar days of the action and shall include a
minimum fee of $110.00. The appeal will be scheduled to be heard by the Commission
within 20 calendar days after receipt. The request for appeal shall specifical , identi each
requirement to be reconsidered and include a written explanation of why such a requirement
would result in a substantial hardship or inequity.
3. Aright-of--way permit must be obtained from ACRD for any street or utility construction
within the public right-of--way. Utility cuts should be combined where practical to limit
'pavement damage. Utility street cuts in roads paved within the last five years will not be
allowed unless ~pnroved by the District Commission. Contact Construction Services at 345-
7667 (with file number) for details.
4. Submit site drainage plans and calculations for review and appropriate action by ACHD prior
to issuance of building permit (or other required permits). The proposed drainage system
shall retain all storm water on-site and shall conform to the requirements of Meridian.
Public street drainage facilities shall be located in the public right-of-way or in a common lot
owned by a homeowners association set aside specifically for that use. There shall be no
PLAYGROU. WPD
Page 4
trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage
lots and their use restrictions shall be noted on the plat (when applicable).
Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when
driveways are not being shared with the adjacent property.
6. Construct, pedestrian ramps on the corner of all street intersection in compliance with Idaho
Code, Section 40-1335.
7. Dedicate up to a 20-foot x 20-foot right-of--way triangle (or appropriate curve) to keep street
improvements within the public right-of--way at all intersections abutting and/or within the
development prior to issuance of building permit (or other required permits).
8. Continue existing irrigation and drainage systems across parcel.
9. Continue borrow ditch drainage abutting parcel (culvert may be required).
10. Provide written approval from the appropriate irrigation/drainage district authorizing storm
runoff into their system.
11. If street improvements are required, locate obstructions (utility facilities, irrigation and
drainage ditches and appurtenances, etc.) outside of the public right-of--way. Authorization
for relocations shall be obtained from the appropriate entity. If determined by the District,
existing irrigation facilities may remain in the right-of--way with District review and approval
of easements recorded for future relocation at a later date.
12. Locate proposed sign(s) out of the public right-of--way and out of the clear-vision sight-
triangle of all street and driveway intersections.
13. Install a stop sign o'n every unsignalized approach of a project street to an intersection
involving a collector or arterial as the cross-street. The stop sign shall be installed when the
project street is frst accessible to the motoring public.
14. The developer is required to install street name signs at the locations approved by the Ada
County Highway District. ~ Purchase street name signs, sign poles, and mounting hardware
from ACHD's Traffic Operations Department or an approved outside supplier. The District
will not manufacture street signs until a copy of the recorded plat showing the recording data
has been provided tb Development Services staff.
15. Provide a clear vision sight triangle. at all street intersections. Within this triangle no
obstruction higher than 36-inches above the top of pavement will be allowed, including
PLAYGROU.WPD
Page 5
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landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg
measured down the centerline of any collector 350-feet; and the short leg measured down the
centerline from the collector street curb line 20-feet. Provide notes on the plat and street
construction plans of these restrictions.
16. Submit" three sets of street construction plans to the District for review and appropriate
action.
17. Provide design data for proposed access to public streets for review and appropriate action by
ACHD.
18. All public streets and drainage systems shall be designed and constructed in conformance
with District standards and policies.
19. Specifications, land surveys, reports, plats, drawings, plans, design information and
calculations presented to ACHD shall be sealed, signed and dated by a Registered
Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code,
Section 54-1215.
20. The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
21. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District'approval for occupancy.
Should you have any questions or comments, please contact the Development Services
Division at 345-7662. ~~
Submitted by: Date of Commission A~~roval:
Dev rvi f ~ ~ NOV 0 8 1995
PLAYGROU.WPD
Page 6
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conditional use permit shall not be granted or
become effective until the Development Agreement is
executed and recorded.
12. The above-conditions are concluded to be reasonable and
the Applicant shall meet these conditions.
13. It is recommended that if the Applicant meets the
conditions stated above that the conditional use permit be granted
to the Applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER BORUP
COMMISSIONER de WEERD
COMMISSIONER SMITH
COMMISSIONER NELSON
CHAIRMAN MacCOY (TIE BREAKER)
VOTED
VOTED
VOTED .,c.~-
VOTED ~ ~_
- /~
VOTED -
DECISION AND RECOI~II~1'ENDATION
The Meridian 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
requirements, and the paving and landscaping requirements, and all
Ordinances of the City of Meridian. The conditional use should be
subject to review upon notice to the Applicant by the City.
MOTION:
APPROVED: j B DISAPPROVED:
8-7-98 -- Final
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
DONOVAN HANSON - CONDITIONAL USE PERMIT (C-G)
FOR A CONTRACTOR'S YARD