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HomeMy WebLinkAboutJohnson, Joseph A. CUP i~ Mayor ROBERT D. CORR 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--1433 • Fax (208) 887-4813 LEGAL DEPARTMENT (2U8) 88-I-a?6~1 PUBLIC WORKS BUILDING DEP.4RTbIENT (208)887-2211 PLANNING AND ZOMNG DEPARTMENT (208)884-533 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: August 4, 1998 TRANSMITTAL DATE: July 23, 1998 HEARING DATE: August 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR AN OFFICE, UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY: JOSEPH A. JOHNSON LOCATION OF PROPERTY OR PROJECT: 46 E. PINE AVENUE TAMMY DE WEERD, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P2 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 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 & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL E~E~D !IIIII~~ ~-e. 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CORRIE CITY OF MERIDIAN PUBLIC WOR Council Members BUILDING DEPAR' CHARLES ROUNTREE 33 EAST IDAHO (208) 887-221. MERIDIAN, IDAHO 83642 GLENN BENTLEY Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZO RON ANDERSON DEPARTMENT (208) 884-5533 KEITH BIRD 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: AuQUSt 4 1998 TRANSMITTAL DATE: July 23, 1998 HEARING DATE: August 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR AN OFFICE UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY: JOSEPH A. JOHNSON LOCATION OF PROPERTY OR PROJECT: 46 E. PINE AVENUE TAMMY DE WEERD, 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 KITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER 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 & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCISE REMARKS: APPLICATION FO A~ O~~ON AL USE PERMIT 3~~I- g o ~ 0 Gam, LOCATION: ~~- ~ ~. J ~ ~ k' _ 0 Y e ,N ~. , ~ Mr D~CRIPTTON OF PROPOSE COND t ~ ~ ~ ~ o s s ~'~ TITONAL USE: ~ • '' ~'''~ 1-I =,~y ~NING CLASSIFICATION: d ~.~' ~ s ~ Q --~_ 1 l~ ~~_ l W ~ y P a o ~'~ i,r~-I-- l 4 s s~ G 1 C / Q ,fie, ~ I ~ ~rnmtion cow mein is true and correct. to ~ ~, NOTICE IS gy G ZO°~ COn w>71 hold a Pubes Hearing in the C ~ ~ ~ Median Plau~ming and nY Hall on COND ~ _'_'__ _.m. The PucPose f TITONAL USE PERMIT d ~ ~ ~iD~' gam' described as located at o ~ Hearmg is to consider a for _, _ TO S~DMSION, BLOCK ---_, LOT -----•, •~cuvcr An applicationfor a conditional use permit shall be filed with the administrator by the owner of the ro e proposed. At a minimu p p rtY for which such conditional use is m, the application shall cont ' 4 Name, address and phone number of applicant a'n the following information: Joseph A Johnson, 4375 Rose Hill Ct., Boise, ID, 83705 202-344-8060 2. Name, address and phone number of owner of subject property. Same, as above. Description of existing use. Residential. Legal description of property. Lot 9, exc. W.20° Lots 10 and 11 block 1 Meridian, F.A. first add. #8807482 Proof of ownership of subject pro e ~ M1388001010A See attached. p ~' (waJranty deed) and notarized consent of property owner. 6. Present use of subject property. Same as above. 7. Proposed use of the subject property. Office ~,, f~ ~~rfi~/ a~~fi~1~ a,. µ~~e~ ,~~o,-, ~,ss,~le ~~f~; l ~ sP, 8. The District (present zoning) that pertains to the subject property. Residential - O/d Tpwn - 9. Thirty (30)n copies of a vicinity map of a scale of one inch equals three hundred See attached. feet (1 "=300'). ° 10. A plan (with a scale of not less than 1 "=50' location of ail buildin s ) of the proposed site for the conditional use showing the landscaping, refuse and ervi a araneasl e~ a , ns~and list of mss and traffic circulation, opens aces See attached. construction materials for all buildings. -11. A list of the mailing address of all property o~'ners with three hundred feet 300' boundaries of the land being considered. This list can be obtained from the ci of Zoning Dep~'tment. Please request list seven days prior to submittin a ( ) of the external See attached. h' Meridian Planning & g pplication. 12. Characteristics of subject property that make a conditional use desirable. L'rmted paz'~ng, good location, area is, or the Old Town direction to upgrade to cormnerc ~ d m~ ~n In egntY of older ho future, in keeping with 13. A fee established by the Council; $275 + mes in the area. owner within the 300 feet =Total Fee. $1.67 each for certified mailings for each property See attached. 14. A statement that the applicant or user of the ro e fees or charges, if any, associated with the use, whetherat use be res dentiai co sewer, water or trash See attached. mmercial or industrial. 15. The application shall be verified by the applicant who shall state that he has read the contents therof and verifies that the information contained therein is true and correct. See end of form. 16. The property will be posted one (1) week before the hearing stating they have applied or a conditional Use Permit or Zoning. The must be a signed affidavit that this will be done as part of the application. See end of form. Statement for #14. I Joseph A. Johnson will pay, or will see that it is paid, the or trash fees that may be pertaining to~pronosed nr.,i,P, .lose A. J~hnson Statement for #15. I Joseph A. Johnson hereby state thatall information contained knowledge this ------ day of _______ 1 n J eph A. Jphnsor Statement for #16, I Joseph A. Johnson hereby state t tit shall be posted o (1) applied for a Conditional Use Pe t r Zoning. (~~ _~ fees for any additional sewer, water ~~__ y _~ is correct and true to the best of my _<<~- 9 ~ prior to the hearing that I have 7 l ~/ 9 ~~" ,'.~.D ` ., ,. ,tECGRCER A Pioneer Company ,', , i , . , , ~ , PIONEER TITLE COMPANY ~~ J" ~ ~ `~ ""`~.+`r'RO OF ADA COUNTY 3 0 I S E I J F'tClNkstH TtTLF~ x 821 West State Street / Boise, Idaho 83702-5836 /Tel hone (20~ 33 7 '9~J OCT 2~ ~~ °~ rEE ~~ U~ ~~ ~COH~~C ~~ iti tEuUES OF P-161435 SH/CTT. .,..._ n WARRANTY DEED (WDIVIDUAL) FOR VALUE RECEIVED THAINE L, MITCHELL AND BETTY L. MITCHELL, HUSBAND AND WIFE Grantors , do hereby grant, bargain, sell and convey unto J . A. JOHNSON, II , AN UNMARRIED MAN the Grantee ,whose current address is: 46 EAST PINE AVENUE, MERIDIAN, ID 83642 the following described real property in ADA County, State of Idaho, more particulary described as follows, to-wit: EAST 20 FEET OF LOT 9 AND ALL OF LOTS 10 AND 11, IN BLOCK 1 OF F.A. NOURSE'S FIRST ADDITION TO MERIDIAN, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 2 OF PLATS AT PAGE 53, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,and Grantee heirs and assigns forever. And the said Grantor sdo hereby covenant to and with the said Grantee ,the Grantor s are the owner sin fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ;and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current yeaz, which aze not yet due and payable, and that Grantor s will warrant and defend the same from all lawful claims whatsoever. Dated: October 21, 1997 1nAINE L. MITCHELL ~°F-`~= -LLB "'P~ anirr~„ MITCHELL STATE OF ~DA_Ft0 ,County of_ADA - , ss. On this _2.L_day of Or rob ,- , in the yeaz of 1997 ,before me SH . RT ART sonally appeazed .. , a notary public, per- known or identified to me ~ t ~ se name .s_ subscribed to the within instrument, and acknowledged to me that • ezecute$ a s'anje. SOT AJZ ), :~ i ~.m :*: * : ~, Notary Public: y '; P O B L~ ~e' ~.~2esiding at: '~i ~~ ~•~~oo~maoe~ P~+~~~~ My Commission Expires: 6/14/2001 ~~'••9TE nF 1~_0•' .. r ~I J ..;tea es ~ _ -2r- .K.+}~: ~ i~^ ;? _ ~ -,r.,- ~ - zz- /3 .~,ADA ~4A NINQ ~, 31 ." - ~ -id_ of ~ ~ ' _ •~ / / s Y"&- i - / S f - - ~ ~" «~... ~ I - .loF v°~ -- --^ ^O - - -- _r~-----~ ~'23'°- j IBADLL y o ~r ~~~ ~7 f998 kid..': ~ rd, ~ -.z S- ~ ~ V ' I . V cv , S9 ° U-l'.1 4 ~~ ~ - --. f-4'~- . -~ ~ --- -- ---..-----. I - - -_ ~ - ~ -- -- - -~ ~ c ss~.~s V i:.. ~ +y1 - - - a, ~ I -- - -'~B- ~ -- U8. - , , - - - T G ---. .. - _. ---- 3-~ --~%---- A_ .~ _ ~rbw- I -29- Iv' - - - - - - - - ` _..a VI ~- '- - ~~~-„ I T 1. I ~ 1 i `r T f 1 rg~~' ~ I T ~. ` ~-~ - --•n 1 f I I .a' 1111 ~ I ~ , I I. I 3 - I I I ~ I ~~ / ~~ ' ~~-WAS N, - , o `I '4 ~-'- ~ ~ I_ ! ~_ ! _ ~_ ~ ~ t_ ~ : i -1 ~ 1 ~l ~- i _ NGTON ST,S ~/ ~~ ~ ~ - ' .go' ' ~ I ~ I ' I ' 1 P~ 2 I~,.i ' ~ ~~~ CARLTON ~ ~ qVE. '9 -~ : - I ` L e ~+~"' 4 ~ SV~ IN I j ~ F~ e~~l I 9 '~' ~D t 7 !Z~ O ~ V g ~ ~~ :'. ~ ~ 1 0 ~l- 1. ~. - 1 _ ~' `- - !. 3 i .~~ .. ~ ~ ~ v ~. ~ r-- Y1 - - 1 - (,. I e 'e - ~ I ~ I ~, ~ ~ ~ ~ ~ ' j d- 3 / ~ 6 / ~ 6 1 16 L~ ~ _ ~ ~ ~ _~ - ~ - i~. ~,_ ~ ~-- ~- o~ g ! i x'11 6 ~ / 1 6 ! 6 ^~^ ~e 9O I flo ac do' n I \o C \ I _. ~ _ ~t • O ~ D r /OgHO !~ ~, ~ ~ E R A v,E. - •~ T_ T r ~ 4n~ ~ ~ M e •e 60~ ~ 9e 8a' 9 Ro q O v~/19 y ,~ - °' - ._ A vE A a ~^ o I ~ `~ L_ 1 ~ IOi ii0j ~:~ I ,0 r - --1 -- _ _ ~ ,j ~ I - -~ ~ Po P ~J NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on August 11, 1998, for the purpose of reviewing and considering the application of Joseph A. Johnson, for a Conditional Use Permit for land located in part of lot 9 and all of lots 10 and 11 in Block 1 of F. A. Nourse's First Addition to Meridian, Boise Meridian, Ada County, Idaho, and which property is generally located at 46 E. Pine Avenue. The application requests a Conditional Use Permit for an office, an upstairs apartment and possibly for retail use. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22nd day of July, 1998. LLIAM G. BERG, JR., CI RK ~~`~ J~ ~A~r+~3~-elYre~~P,~ PUBLISH July 24 and August 7, 1998. a~+ ~' ~~~ r'~ h ~i w ~11IIIIF~~~r 7 ''r ?~j T 19'~ ' ~ +~ .,~ ,~ C ~~ ~++. ~~~~~~~~~rrrrr+~~`~~~~~~, JOSEPHY OWNER wI HIN 300' PROPERT NIELSON DENNIS E & JOAN M 1012E 1ST ST MERIDIAN ID 83642-2304 YANKS RONALD C & LINDA L 4414 GEKELER LN BOISE ID 83716-5240 930E 01ST ST MAYES K CORPORA ON ~HBA CIRCLE PO BOX 52085 PROPERTY TAX DEPT DC17 PHOENIX AZ 85072-2085 66 E STATE AVE ROSS LOREN D & GAYLA 1383 LINDERWOOD DR MERIDIAN ID 83642-6923 52 E STATE AVE MCCLURE DOROTHY M 38 E STATE AVE MERIDIAN ID 83642-2343 46 E STATE AVE 38 E STATE AVE ROBBINS ELLEN 32 E STATE AVE MERIDIAN ID 83642-2343 MARK GEORGE E & HAZEL W 24 E STATE AVE MERIDIAN ID 83642-2343 ZIMMERMAN BRIAN C & ELIZABETH A 18 E STATE AVE MEIZIDIAI~IID 83642-2343 MURRI SCOTT W & KATHLEEN 12 E STATE AVE MERIDIAN ID 83642-2343 BRINEGAR E E & VIRGINIA K 1639 CONANT AVE gtTRLEY ID 83318-2326 115 E STATE AVE BIG BEAC E~ ~DR TIES L L C 6754 CO MERIDIAN ID 83642-7128 925E 01ST ST PAULIN HARRY B & MARGARET 55 E STATE AVE MERIDIAN ID 83642-2342 BOWEN LARgy M AND CATES GALE A 49 E STATE AVE MERIDIAN ID 83642-2342 KLINE JAMES M 1058 N PETERSBURG WAY MERIDIAN ID 83642-4042 43 E STATE AVE IIUDSON HAROLD N SR & DEANNA C 39 E STATE AVE MERIDIAN ID 83642-2342 SMITH PAUL H 29 E STATE AVE MERIDIAN ID 83642-2342 BItADSHAW TEDDY C FAMILY TRUST 21 E STATE AVE MERIDIAN ID 83642-2342 THORNS J DANA 12111 W BAND DR STAR, ID 83669 13 E STATE AVE THORNS J DANA & JANET R RR 1 STAR ID 83669-9801 922 N MERIDIAN RD EBORN RICHARD J & MARLENE J 9010 BURNETT BOISE ID 83709 116 E PINE AVE ALLISON RICHARD A & TONI E 916E 01ST MERIDIAN ID 83642 JOHNSON JOSEPH A 4375 ROSE HILL BOISE ID -1361 917 ST VALLEY SHEPHERD CHURCH OF THE NAZARENE 831 E O1 ST ST MERIDIAN ID 83642-0267 58 E PINE AVE JOHNSON J 4375 RO LL CT gOI 83705 PINE AVE VALLEY SHEPHERD C CH OF THE NAZARENE INC 831E 01ST ME ID 83642 PINE AVE SMITH MARGARET W 1017 YOST AVE MERIDIAN ID 83642-1515 36 E PINE AVE THIBAULT THOMAS A JR 22 E PINE AVE MERIDIAN ID 83642-2329 ELLIOTT THOMAS R 16 E PINE AVE MERIDIAN ID 83642-2329 JONES LOYD E & SALLY M 1420 ELM PL MERIDIAN ID 83642-1915 906 E O1 ST ST VANPAEPEGHEM RALPH J & FERN A 1490 CAROL MERIDIAN ID 83642 111 E PINE AVE 830E 01ST ST CHURCH OF NAZARE MERIDIAN 831E 01ST ST MERIDIAN 83642 EP E AHO AVE PACIFIC NORTHWEST PROPERTIES 4914 DENTON ST BOISE ID 83706-1943 23 E PINE AVE 832 N MERIDIAN RD 820 N MERIDIAN RD THIERHAUSE BETTY 3467 DALTON LN BOISE ID 83704-4268 814EO1STST HUNTER INVESTMENT INC 2875 AUTU1VIlV WAY MERIDIAN ID 83642-6236 815EO1STST US WEST COMMt.INICATIONS 6300 S SYRACUSE WAY STE 700 N ENGLEWOOD CO 80111 36 E IDAHO AVE 30 E IDAHO AVE E IDAHO AVE ti3 GODSILL ROBERT L AND GODSILL ROBERT E & DEE ANN 805E 1ST ST MERIDIAN ID 83642-2605 ~~ .. t ?~ x x ~ ?~ Y ~( ~ X ~ fi ~ x x x ~ r '` x ~ ~ X x x x ~ ~ x ~ x X K x X X X X c~seph Johnson - yb E. P~'n,e RvC. ** TX CONFIRMATION REPORT ** AS OF JUL 22 '98 16 23 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM MODE MINiSEC PGS CMD# STATUS 08 07122 1622 208 888 1097 EC--S 00'33° 001 159 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m., on August 11, 1998, for the purpose of reviewing and considering the application of Joseph A. Johnson, for a Conditional Use Permit for land located in part of lot 9 and all of lots 10 and 11 in Block 1 of F. A. Nourse's First Addition to Meridian, Boise M®ridian, Ada County, Idaho, and which property is generally located at 46 E. Pine Avenue. The application requests a Conditional Use Permit for an offce, an upstairs apartment and possibly for retail use. A more particular legal d®scription of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony, Dated this 22nd day of July, 1998. LLIAM G. BERG, JR., CI RK PUBLISH July 24 and August 7, 1998. ~~ a~~ 8$~L !~ w '''+'~~klt~µN~`~```` Y • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION ) OF JOSEPH A. JOHNSON, APPLICATION )ORDER OF APPROVAL OF FOR CONDITIONAL USE FOR AN OFFICE, )CONDITIONAL USE PERMIT UPSTAIRS APARTMENT AND RETAIL, 46 E. ) PINE, MERIDIAN, IDAHO ) This matter coming before the City Council without public hearing under the provisions of § 11-2-418 E Municipal Code of the City of Meridian for final action on conditional use permit application and the Council having received. and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: A Conditional Use Permit is herein granted to Joseph A. Johnson for the subject property to be used as an apartment on the upper level of the property, and for an office and for retail purposes on the main level of the structure for the operation of a bridal shop, upon the real property described in Exhibit "A" attached hereto and located at 46 E. Pine, Meridian, Idaho. This permit is subject to the following terms and conditions: 1) If the applicant subsequently becomes successful in obtaining approval from the Ada County Highway District for a curb cut and access to the subject property from Pine Street that a minimum of one (1) parking space for handicap access as depicted within the plot plan attached to the subject application and dated July 22, 1998 will be maintained. 2) Regardless of whether or not the applicant is successful in obtaining the approval of the Ada County Highway District for a curb cut and access to the subject property from Pine Street, the applicant shall maintain a minimum of ORDER OF APPROVAL OF 1 CONDITIONAL USE PERMIT /JOSEPH A. JOHNSON Y • six (6) parking spaces in the north portion of the subject property as depicted within the plot plan filed with the application and dated July 22, 1998. 3) The property is located in Old Town, which requires a conditional use permit for most uses. The application was submitted for various uses to allow the applicant flexibility to attract potential tenants. The site is adjacent to a parking lot on the east and a residence on the west. 4) Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. All parking is to be paved and striped. If Ada County Highway District does not approve the curb cuts on Pine Street, all parking will need to be in the rear of the property. A minimum of one (1) van accessible handicap space is to be provided with appropriate signage. A total of five (5) off-street parking spaces would be required for office/apartment use; eight (8) spaces would be required for retail use. 5) Applicant is to maintain a minimum four-foot planting strip adjacent to residential use. 6) All construction is to meet the requirements of all Uniform Codes (Building, Fire, etc.) and the Americans with Disabilities Act. The building needs to be brought up to code for fire and life safety requirements and must meet handicapped accessibility standards because of the change in use. 7) Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 8) Zoning Certificate and Certificate of Occupancy are required prior to occupancy. 9) No signage has been proposed, and none is approved with this application. All signage will require separate permits and will be subject to design review. 10) If existing vegetation is to be removed, a minimum of one (1) three-inch (3") caliper tree shall be provided for each 1,500 square feet of asphalt. 11) The Applicant is to provide a screened trash enclosure in accordance with City Ordinance. ORDER OF APPROVAL OF CONDITIONAL USE PERMIT /JOSEPH A. JOHNSON • 12) The Conditional Use Permit shall be subject to review upon notice to the applicant. 13) The Meridian City Sewer Department commented that the retail use may require pretreatment, depending upon the nature of the business. 14) The Meridian Fire Chief, Kenny Bowers, requires that all codes be met. The upstairs will need direct access to outside and to the ground. 15) The Central District Health Department's only comment was that after written approval from the appropriate entities are submitted, they can approve the proposal for central sewage and central water. No objections to the proposal. 16) The Nampa & Meridian Irrigation District notes that the Hunter Lateral courses along the south boundary of the project. The right-of--way of the Hunter Lateral is 40 feet; 20 feet from the center each way. 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. 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. 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. 17) The Ada County Highway District (ACRD) require the following conditions for approval: SITE SPECIFIC REQUIREMENTS: a) Replace damaged sidewalk on Pine Avenue with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACRD Construction Services Staff. b) Utility street cuts in the new pavement are not allowed unless approved in writing by the District. ORDER OF APPROVAL OF CONDITIONAL USE PERMIT / JOSEPH A. JOHNSON • c) Pave the alley 16' wide, or as wide as obstructions allow, abutting the site. d) Construct one 16-20-foot wide driveway on Pine Avenue located approximately 5-feet west of the east property line to access a single handicap parking space with an on-site turnaround. The driveway shall be paved a minimum of 20-feet beyond the edge of pavement on Pine Avenue. Coordinate the exact location and design of the ,driveway with District staff. e) As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. STANDARD REQUIREMENTS: a) After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The reauest for reconsideration shall soecifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. b) Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. c) All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPW Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. d) 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. ORDER OF APPROVAL OF CONDITIONAL USE PERMIT /JOSEPH A. JOHNSON e) 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. fl Any change by the applicant in the planned use of the property which is the subject of the application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. g) No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on October 20, 1998. By~ . C OB T D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Departure t. By. - - ity Clerk Dated: l ~ '~ 2 ~ ~ l '\'`yi~,~~~,,,,~~~ ~r~'rru~f ,,,'~,~,~ O~ ' ORDER OF APPROVAL OF ~ ~° CONDITIONAL USE PERMIT /JOSEPH A. JOHNSON ~ ,~L ~ i • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) OF JOSEPH A. JOHNSON, 46 E. PINE AVE.,) FINDINGS OF FACT AND THE APPLICATION FOR CONDITIONAL USE) CONCLUSIONS OF LAW AND PERMIT FOR APARTMENT AND BRIDAL ) RECOMMENDATION TO CITY SHOP RETAIL USE, LOT 9, EXC. W. )COUNCIL 20' LOTS 10 AND 11 BLOCK 1 MERIDIAN, ) F.A., MERIDIAN, IDAHO ) The above entitled conditional use permit application having come on for public hearing on August 31, 1998 and September 8, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearings scheduled for August 31, 1998 and September 8, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the August 31, 1998 and September 8, 1998 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and §11-2-416E and 418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is at 46 E. Pine Avenue, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The applicant is the record owner of the property and has filed a written request for a conditional use permit. 5. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 6. The subject property is currently zoned (OT), Old Town District. The FINDINGS OF FACT AND CONCLUSIONS OF LAW -.Page 2 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT • zoning of the Old Town District (OT) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(12). 7. The proposed application requests a conditional use permit for the subject property to be used as an apartment on the upper level of the property, and for retail purposes on the main level of the structure for the operation of a bridal shop. The OT zoning designation within the City of Meridian Zoning and Development Ordinance requires that a conditional use permit be obtained for most uses including those requested by the applicant. (Meridian City Zoning and Development Ord., Section 11-2- 409). 8. The testimony at the public hearings established that the particular characteristics of the subject property make the proposed conditional uses desirable, that the area is or will become commercial in near future, and that the proposed conditional uses are consistent with the Old Town direction to upgrade to commercial uses while maintaining the integrity of the older homes in the area. 9. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 10. The applicant has proposed to develop the property with six (6) parking spaces to the rear (north) of the property, including two (2) parking spaces within an enclosed garage. The property also maintains the capability of three (3) additional on street parking spaces on Pine Street in front of the subject property. 11. The applicant has requested permission from the Ada County Highway District to allow curb cuts and access to the subject property from Pine Street which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT would allow for the minimum of one (1) additional parking space for handicap access. 12. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and through a Memorandum dated August 6, 1998, and by and through testimony during the public hearings on this matter. Such report and comments are hereby incorporated herein. 13. The Central District Health Department, the Meridian City Police Department, the Nampa & Meridian Irrigation District, the Ada County Highway District, the Meridian Fire Department, and the Meridian Sewer Department submitted comments which are also hereby incorporated herein. 14. The uses proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 15. The proposed uses within the subject application will be harmonious with and in accordance with the Comprehensive Plan in this Ordinance. 16. The uses proposed within the subject application will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or attended character of the general vicinity and that such uses will not change the essential character of the same area. 17. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 18. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT protection, drainage structures, refuse disposal, water, and sewer. 19. The uses proposed within the subject application will not create excessive additional requirements at public costs, for public facilities and services, and will not be detrimental to the economic welfare of the community. 20. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT • n LJ with conditions under the speck provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. To occupy and use real property which is designated and zoned as Old Town (OT) District within the City of Meridian for apartment and bridal shop retail uses requires approval by the Commission as provided for under the City of Meridian Zoning and Development Ordinance, 11-2-409. 5. The Commission has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding but the following standards are met (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT • • g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. 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. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. Prior to granting a conditional use permit in an Old Town (OT) District, one (1) public hearing shall be conducted with notice be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian Zoning and Development Ordinance. 7. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.) 8. When the Commission approves a conditional use permit it may impose conditions of that approval that .reasonably: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT r~ L~ a. Minimize adverse impact on other development; b. Control the sequence and timing of development; c. Control the duration of development; d. Assure that the development is maintained property; e. Designate the exact location and nature of the development; f. Require the provision for on-site public facilities or services; and g. Require more restrictive standards than those generally required, in this Ordinance. 9. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: a. If the ,applicant subsequently becomes successful in obtaining approval from the Ada County Highway District for a curb cut and access to the subject property from Pine Street that a minimum of one (1) parking space for handicap access as depicted within the plot plan attached to the subject application and dated July 22, 1998 will be maintained. b. Irregardless of whether the applicant is successful in obtaining the approval of the Ada County Highway District for a curb cut and access to the subject property from Pine Street, the applicant shall maintain a minimum of six (6) parking spaces in the north portion of the subject property as depicted within the plot plan filed with the application and dated July 22, 1998. c. All requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated August 6, 1998 be complied with. d. All comments and conditions set forth by the Meridian City Sewer FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT • Department, City Police, Fire District, Ada County Highway District, Central District Health Department, and Nampa & Meridian Irrigation District must be complied with. 10. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 11. It is hereby recommended by the Meridian Planning and Zoning Commission that should be applicant meet the afore stated conditions that the requested conditional use permit for the uses set forth hereinabove be granted by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP VOTED __ i~I~ COMMISSIONER SMITH VOTED SCI ~ s COMMISSIONER DEWEERD VOTED ___ ,~ ,~ COMMISSIONER NELSON VOTED ~i/ ~ CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED °~' DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: -~ 100998-Final ~~~~~PP DISAPPROVED: /~~~-- ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 20~' day of October, 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON VOTED VOTED VOTED VOTED MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW -CONDITIONAL USE PERMIT FOR JOSEPH A. JOHNSON Meridian City Council Meeting October 20, 1998 Page 13 Corrie: Motion made by Mr. Rountree and second by Mr. Bird to approve the Findings of Fact and Conclusions of Law before us from the Meridian Planning and Zoning Commission. Any further discussion? ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All aye. Bentley: I move the City Council of the City of Meridian approve the conditional use permit set forth with these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other conditions required by the Meridian City Council. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird on the decision and recommendation that has been read. Any further discussion? All those of the decision and recommendation say aye. MOTION CARRIED: All ayes. ITEM NO. 15: REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE, UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY JOSEPH A. JOHNSON - 46 E. PINE. Gigray: Mr. Mayor, members of the Council, I would report that the city attorney's has received no communications from the applicant or anyone on behalf of the applicant raising any objections to the conditions or concerns. Corrie: Any discussion, questions? I'll entertain a motion on the Findings of Fact and Conclusions of Law. Rountree: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of Law as prepared for Planning and Zoning. Bird: Second. Corrie: Motion made by Mr. Rountree second by Mr. Bird to approve the Findings of Fact and Conclusions of Law as prepared by the Meridian Planning and Zoning Commission. Any further discussion? • Meridian City Council Meeting October 20, 1998 Page 14 ROLL CALL VOTE: Anderson, yea. Bentley, yea. Rountree, yea. Bird, yea. MOTION CARRIED: All ayes. Corrie: I'll entertain a motion of decision and recommendation. Rountree: Mr. Mayor I move that the Meridian City Council approve the conditional use permit for the uses set forth in these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with conditions set forth within the Findings of Fact and Conclusions of Law and any other conditions. Anderson: Second. Corrie: Motion made by Mr. Rountree second by Mr. Anderson to approve the decision and recommendation as read. Any further discussion? All those in favor of the motion say aye? MOTION CARRIED: All ayes. ITEM NO. 16: REQUEST FOR CONDITIONAL USE PERMIT FOR A REGIONAL SHOPPING CENTER BY DAKOTA COMPANY INC. - SE CORNER OF EAGLE AND FAI RVI EW: Corrie: Mr. Gigray, any comments? Gigray: Mr. Mayor, members of the Council, I would report that the city attorney's office has received a communication from a Mr. Larry Durkin representing the applicant (End of Tape) Gigray:.. problems with any of the terms and conditions of the conditional use other than they have a problem with the words, "per parking rove' as appears in condition 12A at the top of page 12 as reference to I believe landscaping areas and parking areas. Other than that we've received no communications with regards to any problems with the proposed conditional use from the applicant. Corrie: Any further discussion? Bentley: I have no discussion. Rountree: No comment. Anderson: None. • MERIDIAN CITY COUNCIL MEETING: OCTOBER 20 1998 APPLICANT: JOSEPH A JOHNSON ITEM NUMBER: 15 REQUEST: CONDITIONAL USE PERMR FOR AN OFFICE UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED MINUTES FROM 10/13/98 SEE ATTACHED FINDINGS FROM P&Z ~I~ ~,,~ aP~ ~ ~r~' P [~ ~v 3 ~~ ~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNI~AND ZONING COMMISSION MEE~NG OCTOBER 13, 1998 PAGE 11 De Weerd: I second that. MacCoy: All in favor? MOTION CARRIED: All ayes, one abstain. ITEM NO. 6: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN OFFICE UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY JOSEPH AJOHNSON - 46 E. PINE: MacCoy: Commissioners? De Weerd: I do -have a question of our city attorney. That would be we have a new report from ACHD and how can we incorporate that into the findings? Rossman: The ACHD report had not been provided at the #ime that the motion was made and approved, however, the Findings of Fact and Conclusions of Law have not been approved as of yet, and certainly an additional condition that the applicant comply with the requirements of the Ada County Highway District report can be made an additional condition by inner lineation on the Findings of Fact that you have before you. So basically what you do is just move to approve the Findings of Fact with the addition of an additional condition. Borup: Mr. Chairman, I believe the attorney did cover that item 9 paragraph A, I mean Item A under number 9 made reference that if the approval was obtained from Ada County Highway for the curb cut. Unless you are talking about other items in the ACRD report? De Weerd: No, that was the specific item. I'm pleased to see that they reconsidered that. Rossman: That item was covered within the Findings of Fact, if there are additional items in the ACHD report that you want may express the condition of the approval of the conditional use permit you can certainly do that. De Weerd: I have nothing further. MacCoy: Mr. Borup? Borup: I have nothing, glancing at the ACHD that was the only thing that I noticed that was in addition to their previous report. MacCoy: Commissioner Smith? Smith: Nothing. MERIDIAN PLANNIN~AND ZONING COMMISSION MEE~NG OCTOBER 13, 1998 PAGE 12 MacCoy: Commissioner Nelson? Nelson: I have no comments. MacCoy: Do you want to read the approval of findings? Borup: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. De Weerd: Second. ROLL CALL: Borup -yea, Smith -abstain, De Weerd -yea, Nelson -yea. MacCoy: Decision? Borup: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditions, the conditional use set forth for these uses, set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other conditions required by the Meridian City Council. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes, one abstain. MacCoy: Motion passes. ITEM NO. 7: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A REGIONAL SHOPPING CENTER BY DAKOTA COMPANY INC. - SE CORNER OF EAGLE AND FAIRVIEW: MacCoy: Commissioners? De Weerd: Mr. Chairman, I have a couple of things that I would like to amend. Item 12, letter A on page 11. MacCoy: Which page are you on now? De Weerd: Page 11. MacCoy: Item 12? BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) OF JOSEPH A. JOHNSON, 46 E. PINE AVE., ) THE APPLICATION FOR CONDITIONAL USE ) PERMIT FOR APARTMENT AND BRIDAL ) SHOP RETAIL USE, LOT 9, EXC. W. ) 20' LOTS 10 AND 11 BLOCK 1 MERIDIAN, ) F.A., MERIDIAN, IDAHO ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDATION TO CITY COUNCIL The above entitled conditional use permit application having come on for public hearing on August 31, 1998 and September 8, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearings scheduled for August 31, 1998 and September 8, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT • week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the August 31, 1998 and September 8, 1998 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and §11-2-416E and 418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is at 46 E. Pine Avenue, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The applicant is the record owner of the property and has filed a written request for a conditional use permit. 5. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 6. The subject property is currently zoned (OT), Old Town District. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT zoning of the Old Town District (OT) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(12). 7. The proposed application requests a conditional use permit for the subject property to be used as an apartment on the upper level of the property, and for retail purposes on the main level of the structure for the operation of a bridal shop. The OT zoning designation within the City of Meridian Zoning and- Development Ordinance requires that a conditional use permit be obtained for most uses including those requested by the applicant. (Meridian City Zoning and Development Ord., Section 11-2- 409). 8. The testimony at the public hearings established that the particular characteristics of the subject property make the proposed conditional uses desirable, that the area is or will become commercial in near future, and that the proposed conditional uses are consistent with the Old Town direction to upgrade to commercial uses while maintaining the integrity of the older homes in the area. 9. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 10. The applicant has proposed to develop the property with six (6) parking spaces to the rear (north) of the property, including two (2) parking spaces within an enclosed garage. The property also maintains the capability of three (3) additional on street parking spaces on Pine Street in front of the subject property. 11. The applicant has requested permission from the Ada County Highway District to allow curb cuts and access to the subject property from Pine Street which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT f would allow for the minimum of one (1) additional parking space for handicap access. 12. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and through a Memorandum dated August 6, 1998, and by and through testimony during the public hearings on this matter. Such report and comments are hereby incorporated herein. 13. The Central District Health Department, the Meridian City Police Department, the Nampa & Meridian Irrigation District, the Ada County Highway District, the Meridian Fire Department, and the Meridian Sewer Department submitted comments which are also hereby incorporated herein. 14. The uses proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 15. The proposed uses within the subject application will be harmonious with and in accordance with the Comprehensive Plan in this Ordinance. 16. The uses proposed within the subject application will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or attended character of the general vicinity and that such uses will not change the essential character of the same area. 17. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 18. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT protection, drainage structures, refuse disposal, water, and sewer. 19. The uses proposed within the subject application will not create excessive additional requirements at public costs, for public facilities and services, and will not be detrimental to the economic welfare of the community. 20. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. To occupy and use real property which is designated and zoned as Old Town (OT) District within the City of Meridian for apartment and bridal shop retail uses requires approval by the Commission as provided for under the City of Meridian Zoning and Development Ordinance, 11-2-409. 5. The Commission has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding but the following standards are met (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential .public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT • g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. 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. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. Prior to granting a conditional use permit in an Old Town (OT) District, one (1) public hearing shall be conducted with notice be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian Zoning and Development Ordinance. 7. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval -with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.) 8. When the Commission approves a conditional use permit it may impose conditions of that approval that reasonably: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT _ ~ a. Minimize adverse impact on other development; b. Control the sequence and timing of development; c. Control the duration of development; d. Assure that the development is maintained property; e. Designate the exact location and nature of the development; f. Require the provision for on-site public facilities or services; and g. Require more restrictive standards than those generally required, in this Ordinance. 9. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: a. If the applicant subsequently becomes successful in obtaining approval from the Ada County Highway District for a curb cut and access to the subject property from Pine Street that a minimum of one (1) parking space for handicap access as depicted within the plot plan attached to the subject application and dated July 22, 1998 will be maintained. b. Irregardless of whether the applicant is successful in obtaining the approval of the Ada County Highway District for a curb cut and access to the subject property from Pine Street, the applicant shall maintain a minimum of six (6) parking spaces in the north portion of the subject property as depicted within the plot plan filed with the application and dated July 22, 1998. c. All requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated August 6, 1998 be complied with. d. All comments and conditions set forth by the Meridian City Sewer FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP VOTED -- i~ COMMISSIONER SMITH VOTED SCI ~s COMMISSIONER DEWEERD VOTED ___ COMMISSIONER NELSON VOTED _~ CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED °~' DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: -~ 100998-Final /o~~~~~ DISAPPROVED: ~ /~s~- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT r ~ ~ APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 20~' day of October, 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON VOTED VOTED VOTED VOTED MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW -CONDITIONAL USE PERMIT FOR JOSEPH A. JOHNSON MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: OCTOBER 13 1998 AGENDA ITEM NUMBER: 6 APPLICANT: J SEPH A. JOHNSON REQUEST: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES FROM 9/8/98 SEE ATTACHED FINDINGS ~~~ ul~p i~ ¢ `~` ~ , ~~ ~,°" ~. J~ yQ~~ ~ G~ 0'1 ~v' BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ ~ ). MERIDIAN PLANNINC~JD ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 81 De Weerd: I would move that we instruct the... (Inaudible) Borup: Mr. Chairman, I move we approve the preliminary plat. Nelson: Second. MacCoy: Any comments? All in favor'? MOTION CARRIED: All ayes. ITEM N0.12: CONTINUED PUBLIC HAIRS APARTMENT AND OSSIB ONAL USE PERMIT FOR AN OFFICE, UPSTA RETAIL USE BY JOSEPH A. JOHNSON - 46 E. PINE: MacCoy: Would the applicant please come forward. JOSEPH A. JOHNSON, 4375 ROSEHILL COURT, BOISE, ID. WAS. SWORN BY THE ATTORNEY. MacCoy: Good morning to you, do you want to tell us anything at this point, or do you want to wait for questions? Johnson:. I'm overcome, I'll wait for questions. MacCoy: Commissioners, do you have any questions for Mr. Johnson? De Weerd: I just thought we were waiting to see an alternative plan for the parking, in case ACRD didn't reconsider his request. Johnson: Across the back, we have an 80 foot lot. We allotted for the parking- forthe planter five feet on the west side and I think it's four-is that correct, four feet (inaudible). Is it four or five feet? Four feet, that parking area is 32 feet deep off of the alley and it is 32 feet wide. There is 5.9 feet on the east side of the garage. Now, in my application, it showed work storage that is a functioning two car garage and consequently with the area we have at present and with a two car garage, we meet six. We are not looking at heavy duty parking: we're talking about a bridal boutique and upstairs residents. The upstairs residents will use the garage and it is the same people that have the downstairs. Any other questions? MacCoy: Did you receive anything from ACHD on this? Where do we stand with that piece? MERIDIAN PLANNING~D ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 82 Johnson: I received eight items specified, but approved through ACRD. I have submitted a counter to ACHD's request and talked to Mr. Sale tonight. I have not had any response. I have a hearing on the 23`x, their request for me to pave 200 feet of the alley, just to get to the (Inaudible) parking area and to redo the curb and the curb is already asphalt. I feel as it's not really responsible because I think it'll cause puddling and eventual in the winter time ice that would be in the front parking. I'm still hoping to get thhalf I have submittedflt xibunderstandthat) a 19 or a 12, I can't speak on your be , there is a letter that was to be sent to ACRD in recommendation of the curb cut. Having the-I think the handicap parking in front has a little more dignity to it then making them go to the alley to drive in. MacCoy: But you haven't heard anything back from them? Mr. Sale didn't tell you anything tonight? Johnson: My conversation with him was I would like to go ahead and get approval tonight and the commissioners, pardon me. The conversations is open with ACHD, we can be flexible, we can comply with adequate parking. Everything that you all have somet re w th ACHD. I think we can comply with. The only variances that we have, a MacCoy: Shari, have you heard anything from ACHD, where do we stand with that? he has filed an appeal on their former decision Stiles: As Mr. Johnson has said, to not allow any curb cuts there. I think they are still investigating the history on what is happened there on Pine. I think there is a way if this portion of the existing garage is taken off the back and they use two existing spaces in the garage and pave this area back here. They will meet the minimum parking requirements. It may not be the most ideal, but that's kind of where we stand. We don't know if he is going to get any access off Pine right now. MacCoy: We don't know of any date or deadline on this thing? Stiles: Once an appeal is filed, it kind of sets everything back and then they have to go to the commission. I think this was a staff level approval at first. Johnson: Yes, it was a staff level and the official meeting is on the 23~. I would like at this point in time try and save t kaarea~l We have enough room in the back, and added on to, but we need for wor that we could possibly even redesign them... (END OF TAPE) Johnson: ..by redesign some way even leaving that there still meet the parking requirements. I believe because that s 80 feet. You take off on the original plat MERIDIAN PLANNING ~ ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 83 five foot on one side and five foot (inaudible). You.take out 27 feet for the garage and that little building, there's a remainder of I believe it's about 46 feet that is in fact in road mix at this point in time. Stiles: The parking calculations aze based only on the house and the apartment and from the plan that's submitted, these are the minimum width requirements for pazking stalls. Johnson: The originals were 8 feet I believe. Stiles: There'd be 9 x 19. You show four on your plan which aze at the 9 foot. If you're using part of the garage for work area, that has not been calculated in the number of parking stalls you would need. Right now you need seven parking stalls just for the house portion. Johnson: Could I have my tenant address you people with his concerns? RON RUEPPEL, 3549 N. COLE ROAD BOISE WAS SWORN BY THE CITY ATTORNEY. Rueppel: Commissioners what we're planning on doing for the time being is my wife and I aze going to be living upstairs, and we would start a bridal shop in the bottom. I won't be selling any dresses, but I did tell her that I would get everything ready for her. Shazi we would use the gazage to park our two vehicles. There is more room rather than taking offthat section because she said she could use that, and simply be dying shoes which I know nothing about, but I wool ~oTe and I can probably take lazound 12 tor14 the house and go forward toward the house feet and bring it up towards the house in the back. That is if ACRD doesn't go through, but after talking to some people there (inaudible) but they are going to have to do something to allow access because all those buildings up on Pine are most likely going to go eventually commercial. And there is no access off Pine except for a legal curb cut into a parking lot by the church which was done a few yeazs ago, so we're trying to do this right and we're working with Larry and I think we can get something done. Right now I think I could get more parking if necessary if I just moved it towazds the house. Stiles: I guess I don't see how that would work. Unless you aze going to park in tandem. Rueppel: I would have to look at it on the computers u~t i~d probably do 45. I'd have to see how I could get -you want a total of how many Stiles: Not counting any use of the garage except for strictly garage, now if you're talking about using it for business, that's additional pazking space you are going to need to provide for that. Rueppel: Just the small 7 foot section would be used as like an office. I might put my office, or she might dye shoes, but the two garages would be used for (inaudible). MERIDIAN PLANNING ~ ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 84 Stiles: So you are talking about this a little addition that's there. Rueppel: The small addition. Stiles: That doesn't meet uniform building code for occupancy for any kind of a business or - Rueppel: To dye shoes out there in the back so you're not doing it inside the house? Stiles: I believe you would need to get permission from the building inspector to use that for anything but a garage. Rueppel: Okay. Stiles: You'd be better off not telling me that. Rueppel: I can work with (inaudible) on that to get that done. But I don't want to tear it out at this point. I would like to see if I could use that. Stiles: I guess I'd rather see you get by with this existing plan. Than to take out any of those trees. I mean you've got some nice trees back there. Rueppel: Well there's one small tree that is being dwarfed by two larger ones anyway. It is a plum tree, which I don't want to take it out, but there's two huge trees that are just dwarfing it anyway. And you can take a look at it if you want. Any questions? Borup: This plan for the 1,000 square feet on the lower level, is that close? You say your wife will be running. Is she going to have employees. Rueppel: Probably not to start out with for a while. Borup: I guess what I was getting to was how many customers do you anticipate having in it at any one time? Rueppel: I don't know. It's not a huge shop. It's not a 2-3,000 square foot shop. I wouldn't imagine more than two three customers at a time. A lot of them are by appointment. Borup: And that's what I was wondering. That maybe kind of relating to what Shari was saying, I realize the ordinance say parking spaces based on the square foot of the building. Maybe that's somewhat a prerogative we have on a conditional use. Can we take a consideration a little bit theanudsI ~ iild bsee a lot less customer traffict on this then if customer traffic rt would expect it was a coffee shop or any number of things. MERIDIAN PLANNIN~D ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 85 Rueppel: And I have done some research as faz as how many weddings in Ada County and how we might expect to pick up reasonably and I can get that to you and you can divide it up. I can see fifteen customers a day. Stiles: You hope. Rueppel: I hope, yeah that would be nice. Borup: And I brought that up just as and I don't know how pertinent that is, but that was my thought this does not seem like a high traffic type of business that's going to have a lot of cazs that need to park there. MacCoy: Good point. Okay, no questions for him? How about Mr. Johnson, any questions for him? Okay you two can sit down. Is there anybody else in the room that wants to make comments. Don't laugh at that. (Inaudible) MacCoy: If not we'll close the public heazing and Commissioners what do you want to do? Borup: Does the attorney feel comfortable prepazing - (inaudible). We're still kind of at this point we can proceed on assuming that ACHD may make an adjustment or go with the plans as they aze which were under a little bit under on the parking; is that correct? Is that what we're basically looking at right now? Stiles: Commissioners what he's proposed would actually exceed what he would be required to have with the handicapped access and there's still room for a couple of pazking spaces out front. I would feel comfortable if he would pave that alleyway and those pazking areas out back. I don't know that the findings could be worded such that there would be a curb cut offPine if approved by Ada County Highway District to allow a minimum of one parking space for handicapped accessibility. Borup: I'll bet you we have an attorney that can include that. Stiles: If they don't get the access off Pine with the design here they will not have a handicapped accessible pazking spot. But Jay will carry them in personally if they need assistance. Borup: I'm ready for a motion. MacCoy: Well make one. Borup: I move that we request the city attorney to prepare Findings of Fact and Conclusions of Law on this application. MERIDIAN PLANNING ~ ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 86 Nelson: Second. De Weerd: With any conditions based on the approval of this or - Borup: The conditions are in the testimony. No, well - De Weerd: Can you do that? Borup: And again I think I stated this before. I have a little different attitude on some projects like this rather than - De Weered: What we just had. Borup: Yeah. (Inaudible) Borup: Would you like some conditions? Rossman: Well that was a legitimate question as whether you're moving for approval or approval with conditions. De Weerd: That was my question. Don't look at me. Borup: Well is there some conditions that you would like to see. De Weerd: Well I thought you made the condition before you made the motion. Borup: I didn't make any conditions. De Weerd: Based on ACH's reconsideration or would you accept that - Borup: On something like this I've got the confidence that staff can handle it. MacCoy: Well Mr. Johnson said he could take it the way it was without having to go through we as a commission thought that it was unfair that he was saddled with this in the first place by ACHD. It was just a blanket situation so we have asked in his behalf and our city to re-review their request, but he's already stated again tonight that even without that, he still could go ahead with it so he's not requesting everything should be hinged on what they come up with. Am I correct? Johnson: That is correct. This is a small business and the more expenses we have in there the harder it is to survive and that's a concern. Borup: And again this is a conditional use if the business changes or something else happens then they are back here again. And it may different. MERIDIAN PLANNING ~ ZONING COMMISSION MEETING • SEPTEMBER 8, 1998 PAGE 87 Nelson: I'm for proceeding as it is. We've akeady discussed the four parking stalls in the back plus two in the gazage. He's got additional parking on the front road if there's no curb cuts. De Weerd: I don't think the pazking was in the gazage. It's along side the garage. Is that right? (Inaudible) De Weerd: In the garage? Borup: Part of the parking is for the residents and parts for the business so there's - Rueppel: There's six overall in the back. Borup: We got four for the business plus three on the street if neighbors azen't taking up those spots. Nelson: I do believe you do have two internal to the gazage. We're counting that. De Weerd: Okay. Nelson: So I'm comfortable with the second as discussed. Borup: Without any additional conditions? Nelson: No. MacCoy: All in favor? MOTION CARRIED: All ayes. De Weerd: I can't wait to see the Findings. (Inaudible) ITEM 13: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR GENERAL AUTO REPAIR AND SERVICE BY JOHN BISS - ON MERIDIAN ROAD JUST NORTH OF MERIDIAN RENTAL. MacCoy: This business has been told to me by ACHD that they did not have the material forms yet. It is one of their concerns and it will not be available until our October 13th meeting. So I need a motion to change this. This is an open public hearing and there seems to be nobody in the house to say anything. • ~~ oc~no SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary October 7, 1998 Joseph Johnson 46 East Pine Avenue Meridian, Idaho 83642 Re: Appeal to Commission of Staff Level Approval MCU-21-98 46 East Pine Avenue Office/apartment/retail use Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting conditional use approval to convert an existing single family dwelling into an office, apartment and possible retail use. The 0.22-acre site is located on the north side of Pine Avenue, approximately 120-feet west of East 1st Street. This development is estimated to generate 20 additional (40 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by Meridian City on July 23, 1998, and submitted to the District on July 24, 1998, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. The following requirements are provided as conditions for approval: Site Specific Requirements: utter and/or sidewalk on Pine Avenue with new curb, gutter and/or 1. Replace damaged curb, g concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACRD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 2. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 3. Pave the alley 16-foot wide, or as wide as obstructions allow, abutting the site. ada county highway district 318 East 37th • Boise, Idaho 83714-6418 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellus®achd.ada.id.us 4. Construct one 16-20-foot wide driveway on Pine Avenue located approximately 5-feet west of the east property line to access a single handicap parking space with an on-site turnaround. The driveway shall be paved a minimum of 20-feet beyond the edge of pavement on Pine Avenue. Coordinate the exact location and design of the driveway with District staff. 5. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall s ecificall identi each re uirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 2. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 3. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. 4. 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. 5. 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. 6. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 7. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized MCU2198.BK Page 2 representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Submitted bv' Date of Commission Action: Karen Gallaher cc: Project file Lead agency October 7 1998 MCU2198.BK Page 3 ~ P.,, J oc~n~ SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vlce President SHERRY R, HUBER, Secretary ~~~D OCT ,15 v19D1AN ly P IZ~~~ ZONING October 13, 1998 TO: Joseph Johnson 46 East Pine Avenue Meridian, ID 83642 FROM: Karen Gallagher, Coordinator Planning & Development SUBJECT: MCU-21-98 46 East Pine Avenue Your appeal for the above referenced project was act a hed staff report lists conditionsAoda County Highway District on October 7, 1998. The a approval and street improvements which are required. If you have any questions, please feel free to call me at 387-6170. KG cc: Project file Lead agency ada county highway district 318 East 37th • Boise, Idaho 83714-6418 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellus@achd.ada.id,us ~ ~ :~ ~EcE~D OCT 1 9 1998. °~.~ QF,14~ERI~~ ~~ ~t~XL14S ~ ~~, ~ I 1 ~c~no SUSAN S. EASTIAKE, President GARY E. RICHARDSON, Vlce President SHERRY R. HUBER, Secretary October 7, 1998 Joseph Johnson 46 East Pine Avenue Meridian, Idaho 83642 Re: Appeal to Commission of Staff Level Approval Office/a artment/retail use MCU-21-98 46 East Pine Avenue p Facts and Findings: A. The Ada County Highway District (ACRD) staff has received the above referenced application requesting conditional use approval to convert an existing single family dwelling into an office, apartment and possible retail use. The 0.22-acre site is located on the north side of Pine Avenue, approximately 120-feet west of East 1st Street. This development is estimated to generate 20 additional (40 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by Meridian City on July 23, 1998, and submitted to the District on July 24, 1998, have been reviewed by the ACRD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Replace damaged sidewalk on Pine Avenue with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 2. Utility street cuts in the new pavement are not allowedumber fpop detad sn writing by the District. Contact Construction Services at 387-6280 (with file n ) 3. Pave the alley 16-foot wide, or as wide as obstructions allow, abutting the site. ada county highway district 318 East 37th • Boise, Idaho 83714-6418 (208) 387-6100 • FAX (208) 345-7650 • E-mail: tellusQachd.ada.id.us representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACRD Planning and Development staff at 387-6170. Submitted bv' Date of Commission Action: Karen Gallaher cc: Project file Lead agency October 7 1998 MCU2I98.BK Page 3 1,• ,4R- ~ -, 7- ~ ~ - ,~ , _-J _ . ~, o ;SB- ~ -- - ~ - - _. - .. -ifs+• ~ i i ,moo .at:_ ~~ ~ ~ 2 ~ -~I ..~ -- -zG ~`~~ { '? ~~1 ~ -C- - ' ---~ ~ ---- i -z 9- lair -I ~ T _.~. ~ J - -F~ ~, ---- -- 1 k~ ~ •.~ ~r•` G~ .;t;~=. i .s y~/ASN/NGTON ST.s -1 , 1 t f~ ~'I'1 I•I I I I 'S •~ CfiR~TON ems; 11 1 ~ - ~ I 1 I I S TF~ T~ e` ~ ~~ ~~ T__T .;h, ~~' 3 " 11 M ~~ • -- ~~ 1' RlDIA/~ i L ~7 1998 ~~ l' ~ 1" n • _ /J; .- ~ - 8 1 ~~ ~ ~• ~. ~, 1., ~ - ~ I 1• 'nGR v,AN rez'_ l ~- .r-~-~-1-. I I i i ~ ~ ~•1 1. i _ I ` -t -. I T ~ ' II• t~~`i ~ ~~ T I' i i i nl I I ~ 1~~_L LJ L-, , 1 -: r -1 ~(~~ 1 40' _--- 266' ~. - ~~ `J 1 , e:~ ti ~^ ^ ~ I ~ a Q ,~ 4 O Q, ® `~ ~ , ~~ 0 c d l~ 1 ~~~~~~~ ti~ ~o 'IW~II i11I~~ .~l`~1.~ LL_11-1~- o o ,: 6e - a .o ~ /E• eRo~ o,~A Y ~ ._ A h I.;i o I .~i l II lol I' -1 ~ -o ;, ~, ,,o I ~ N 4]~ APPROVAL .OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ~©~ day of ~~o'~Q~ , 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED VOTED~g~, VOTED a VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~-~~P h ~- ~oLi~s~ ©/1.G~ ~ldr~ a..Q (~.fZ ~C hfn~^~ ~7- Gtr ~~~ c.e.~ ~ ~~ ~~16~5 ~~a~t~nen. f ~ h ~ ,P®.ssr bl~ ~efa~l ~Cs~. MERIDIAN PLANNING AND ZONING MEETING: Se tember 8 1998 ITEM NUMBER: 12 APPLICANT: JOSEPH A JOHNSON REQUEST: COND~~~c~nw~~~~r~.........,...-- -- - --- RETAIL USE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: COMMENTS SEE ATTACHED MINUTES 08/31/98 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: sk ~~ ~ ~~ r~~~. ~`~ ~Q~ ~~ OTHER: of the City of Meridian. ~~ All Materials presented at public meetings shall become properly ~ ~ ~ ~~ S~ ~I ~~ ~~~ ~ ~~ ~ PLANNING AND ZONING COMMISSION SPECIAL MEETING Au ust 31 1998 The special meeting of the Meridian Planning and Zoning Commission was called to order by Malcolm MacCoy at 7:00 P.M. MEMBER PRESENT: Malcolm MacCoy, Keith Borup, Tammy De Weerd, Mark Nelson. OTHERS PRESENT: Shari Stiles, Will Berg, Bruce Freckleton, John Prior, Eric Rossman. ITEM NO. 1: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE, UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY JOSEPH A. JOHNSON - 46 E. PINE: MacCoy: Is Mr. Johnson here this evening? JOSEPH A. JOHNSON, 4375 ROSEVILLE COURT, BOISE. WAS SWORN IN BY ASSISTANT CITY ATTORNEY. Prior: Sir, is there something you would like to offer us today? MacCoy: The floor is yours right now. Johnson: Thank you for the special meeting, I appreciate it. My application for rezone pretty much as stands. I made a request for two curb cuts, ACHD, I'm quite certain that they will not approve two curb cuts, I still would like to have-if they will not allow two curb cuts, to maintain one curb cut. Primary idea, is that they houses sit back on East Pine street going toward Meridian. Our set back as much, if not more than mine the next three houses, that this entryway as this area would continue I assume follow, divisions (Inaudible) and try and maintain the semblance of the town that we have and be converted to commercial. This driveway could be accessed for these other properties on down. Going from a 12 foot access off of Pine Street would require that we go to two cars so that they are double width, I think that's 16 feet. So that the cars can pass and actually gain access, not only from my property but as other conversions happen, which will through the time. Then this could be access also for the other two or three places. Again, that's in the future. We-they have requested that we curb and gutter in the front of the building. The present curbing is asphalt curb, there is no gutter. They have requested that we replace the sidewalk in front of out place. I would like to make an appeal to ACHD again and the neighborhoods program, that sidewalk itself should be completed. Hopefully not at my expense, from one end to the other. Ours is probably in as good as shape if not better than the rest of the sidewalk. If you all have ever walked on that street so the shed in the back is going to be left for storage and additional workspace. I've sought and hopefully achieved a very fine tenant for the building that would be a first class MERIDIAN PLA.NNi1~,ND ZONING COMMISSION SPECIAL Ml•ING AUGUST 31, 1998 PAGE 2 wedding dress shop. The people new to the area, the husband is from this area however, the wife is from the south and has attitudes to making a real first class operation and I believe that this is again keeping with visions and what we need. The parking, I do need, the parking access off the front for-because we are converting the whole first floor to ADA specifications. We're meeting and are working with (Inaudible) and Shari and everybody else in regard to being patient and holding back and not going ahead prior to. I've opened up everything, we're replacing (Inaudible) sewer, or the water, electrical and water lines, electrical and heating conditions to specifications that have been set forth by P&Z so or department regulations. MacCoy: Anything else you want to add. Johnson: I don't think so. MacCoy: Okay will you stay there a few minutes. Commissioners? Do you have any questions for the applicant. Borup: I have one Mr. Johnson, you say-we have not received any information from ACHD so I take it, have you received anything in writing from them, at this point either'? Johnson: I received one initially, not granting the curb cut. I have since had an ACHD inspector that handles this area. Look at the property and he can understand my concerns too because in the front of that building, access to the building on part of Tuesday morning and then Wednesday morning when the Nazarenes have their women's meeting and also their bible study. We do have a hard time parking in front which, again this request, not only for these handicap specifications, that we do feel it kind of necessary that we are able to maintain two parking spaces in front to service clients, customers. Borup: So ACHD did not approve any access at all from... Johnson: At this point, no. I have a call into Larry, I have (Inaudible). I have not had... Borup: So he wants the existing driveway? Is there, don't you... Johnson: No, and this is the only application that has come before P&Z for a curb cut. Borup: Did they say why? Are you too close to the intersection, is that the reason? Johnson: No sir, in this regard we would be-the driveway... AND ZONING COMMISSION SPECIAL ~ING MERIDIAN PLANN~ AUGUST 31, 1998 PAGE 3 Borup: You're only 150 feet. - rst lot is 60 feet, the parking lot that the NadZ be on the west hand Johnson: The fi 60 and this is 80 feet. This Ider the 1150 foot thatl understood was 1 n5'to have side, which is going to be un we would in fact, be in alignment with Ane D•aOthey Come along.gO1 problems parking In there for other busl robably have a oru I understood they were 150 feet and have to have two, p B p that approved, but one. hard time getting be Shari knows. ou. I don't know, I-may Johnson: I do not disagree with y are ou looking at in fact, I had a... Shari, staff had a couple Borup: Now Y s aces. comments on the amount of parking p mmissioner Borup, I've just been informed that Shari is making MacCoy: Co copies for us right now for ACRD repott• Borup: Oh, has there been a later report? r re ort they had denied me the curb ~ n{o~ he lolcarl Ing and Johnson: In the earlle p a ain will say that I've had calls into Missa It name had calls 1 9 inspector Chance, I can t remember arking. uestion for Shari on the square Borup: That's alright, I think we'll-I had a q ou mentioned five on office, eight on retail. Is that considering attial office and Y and my question would be then, if it was e~ Is that how footage of the building attial retail, then would that be reallocated between that foo 9 p that would work? Id be the one for 400 for the office use, and one to 200 for Stiles. Yes, that wou on how they... the retail use, depending Borup: So eight would be 100% retail. Stiles: Yes. hnson ou're looking at doing some of both retail and office. Borup: Mr. Jo Y Johnson: Yes, the- e allocation will probably be somewhere between the five Borup: ...from reality th ou are still, do you nd ei ht, which only leaves us six or sevs aces too then? e y a 9 arking p understand you are still short on p pLA~ ZONING CONIIvIISSION SPECIAL ~ING IvIEItIDIAN AUGUST 31, 1998 PAGE 4 Johnson: Did I understand that we were Borup: Is that your understanding? Johnson: These people are living in the upstairs apartment. Borup: Okay, I udible) it looks tike you have six indicated here now it looks like. ( na son: Now, we are required to meet the ADA specifications and that door John bathroom has been enlarged to make itself avadab e Borup: Yeah, the building department will be checking also. in front, I still would like to go back to the A s sense Johnson: Also, the parking arking t and request and get approval for that curb cut, because it only ma e ry to meet handicap specifications, then not being able to furnr bably for having for them. I can't do that on Pine Street, P ne f aus gene would e p employees because of the expansion of Borup: Thank you, that's all I had Mr. Chairman. MacCoy: Mrs. De Weerd? De Weerd: I have none. MacCoy: Mr. Nelson? Nelson: I have no questions. This is an open hearing, you can sit down) c that would I keotoyge ruP MacCoy from the pub has anything to add. Is there anybody ut in a statement? If there is none, and speak either direction in his behalf, or p I'm going to close the public hearing. Borup: Do we need, I wouldn't mind a little bit of discussion. MacCoy: Okay, lets have a discussion commissioners. but I'd have to agree with Mr. Borup: Maybe Shari may add some light on it to an access to Pine. Johnson. I don't understand ACHD not allowing Y MacCoy: I agree with you reading this material. PL AND ZONING COIvIl~1ISSION SPECIAL ~TiNG MERIDIAN AUGUST 31, 1993 PAGE 5 to allow two I mean from past experience, I know that they are not going Borup: accesses, but they didn't seem to rationalize any reason for not allowing any a all. MacCoy: No, I think he's right in... are talking about adding new curb, gutter sidewalk, but not Borup: Now they even allowing an access point. MacCoy: I think he's correct in asking for a review. Borup: Any direction on that staff? MacCoy: Shari? ou know, Ada County Highway District has such Stiles: Commissioners, as y e useless. While they restrictive requirements that it almost makes some prop a they don't take into are denying Mr. Johnson a right toread eaSllegall a ccesses all along that wh t s consideration the fact that there is a Y The have their policy requirements 220 feet from an intersection tha section. Y and still 220 feet only allowed a right turn in, r440 feet from the If t ey signalize they would have to be wanted a full access driveway, all the access to come down the alley and intersection. So their basically forcing that is not even adjacent they've also requested that Mr. Johns oin be thei apol cy whether it has any to his property. So, that's-they are g 9 Y common sense or logic behind it, don't know. 0 it's different from a Well that clarified my question as the 220 and the 44 Borup: signalized intersection, so that... MacCoy: Anything else? 't know that we are bound to require everything ACHD are we? Borup: I don MacCoy: No we are not. Borup: Other than, Pine is going to be a fairly major road. MacCoy: It will be. so in the future. I know from other usesknow if I've got a had Borup: And more to do curb, gutter, sidewalks, etctlsrsome type of access from Pine. concern with that. I think he nee that's not very MacCoy: Let me ask this, Shari and Bruce? In the past history, when ACRD has made requests that we feel are not fair to the o anyway, long a9 ND ZONING COMMISSION SPECIAL M~~G MERIDIAN PLANNII'~+ AUGUST 31, 1998 PAGE 6 Ilcant licant, have we ever written from the city standpoint to suppo~ the app app orts his reviewing request? in saying that it should be re-reviewed and supp es: I don't know of any recent, since I've been here, actually writing a letter to Stil disregarded what Ada Highway County District. WAS v si ce they are equired to perform work in their comments were, but m this ermit from Ada County the right of way they woulde Would have no contr I ver.pl mean-Mr. Johnson Highway District. Which w roaches, as other people have could've gone ahead and added the drto dot ngs the right way and go through along the street, you know, he's trying the process and sometimes you're penalized for doing that. oint to you. The standpoint, is there anyway we can MacCoy: That's my p what it is. su port him in his position to say we think utlthe law i beingtexercised in such p to law, b The fact that he's trying to live by licant? a way, that it's actually hindering the app • I think that would imply that we are encouraging him to break the law, is Nelson. that what you're saying? I would do it legally. I just think for a re-reviews what I'm requesting, MacCoy is that rlg he's asked for a re-review as I understand it, o but I haven't been able to even get a return phone call. Johnson: I ve tned t , MacCoy: Well, that sounds great. then I would have no problem Stiles: If that would be your recom ~ d h s application and ask them to consider writing a letter saying that we supp uirement. a variance or waiver of that policy req That's my point, Commissioner Borup, what do you think of that? MacCoy the two ro riate, I don't know if I'm saying Borup: Yes, I think that would be app P access points, or do you feel that would be better than the single? I uess I would like to see a different layou cause t'swnot going to do any Stiles 9 access from the alley to get back to Pine then. ,~ of it back up into it. They good to have an access onto Pine Street if they g would only have room for could make a little turn aroun hav r some k nd of hamemer head configurXtiense the handicap space and then the could back out and come back out onto Pine. It seems like a big e P Y for one space. ~~~ pL ZONING COMMISSION SPECIAL ~ING AUGUST 31, 1998 PAGE 7 Borup: Maybe I'm confused on that 40 foot measurement. Is the line there where the landscaping shrubs are, is that the sidewalk? I was mistaken on how much room there was there. Johnson: There is an 80 foot frontage onto Pine Street. Borup: Now they're going to set back from the road. Johnson: The actual setback to the sidewalk? Borup: Well you've got 40 feet. Is that setback to your property line? I assume, that was my assumption was. You are showing 40 feet from here to here, what's this line right here? Johnson: This is what we assume as the property line, this would be landscaping here, this would give us 19 feet in this area here. Borup: That's giving a 20 foot landscaping between your property and the road, is that what you're trying? Johnson: Approximately 20-21. Now this, I serioidslhave totwiden thislonee~ I do need to entry wise, if I don't have one here, I wou Borup: Well that was my-Shari, do you, are you asking for 20 foot landscaping strip along the front of the property? Stiles: I wasn't requesting that, no. Borup: So this area could become parking, is what I'm wondering. Johnson: I seriously doubt it would if it did. It would go from angular to... Borup: You probably wouldn't be able to perpendic (sic), you would probably do angular. Johnson: The reason I've (Inaudible) I seriostreet~s an'dlwil belthe secondar parking or that would be permitted. As Pine longest thorough (Inaudible) names as streets as Franklin. It's going to be a busy one. Borup: Thank you. Johnson: Did I answer your question? Borup: I'm not sure how we can help you at this point yet. ' DIAN pL AND ZONING COMLy(ISSION SPECIAL- >~T~G MERI AUGUST 31, 1998 PAGE 8 ohnson: To connect this to back there, I don't have real deep pockets and the J and do the behind the more we talk about this, with what I have to comply roe ,and then to do Nazarene church here and what I have ~~ ADA and financially t becomes this. In some way, I still have to apply certain limits as to what I can really afford to do. Borup: Well we understand that, that's why we're trying to find out where we can help you and to what extent we can go. Johnson: I appreciate that. To widen this and d oan to be used constantly and even-I doubt that an ADA handicap parking is g 9 a tree that continually. There is that access, could ahi have soamewhere that they could pull is already here so that we would somew y in and back and then around. Borup: That's what it may need to be. Turn around space. Johnson: To go back clear back here... Borup: Remove more trees. Johnson: Big ones, Catalpas. • Thank ou. Mr. Chairman, we'd like staff to write us a suppo~ letter and Borup. Y then where do we go from-here? MacCoy: Okay, what do you want the suppo~ letter to say? uess I would say access to Pine and whatever, probably Borup: At this point, I g cess I don't know, whatever they feel justified, to and outho onertargetha . one ac would rather...One way i Some access t feel would be most appropriate. Whatever they o :Well, you could state in the letter the OR'osn hh thingls~ Ishthat what you MacC y ou're asking them for s could select one, that way y are after? Borup: I think so. MacCoy: Shari, does that sound logical? Borup: I mean we are kind of caught between. Stiles: Sure. MacCoy: Follow what he's saying? MERIDIAN PL ZOMNG COMMISSION SPECIAL ~ING AUGUST 31, 1998 PAGE 9 Stiles: You want me to send a letter to Adaa f driveway acceDsstto Pineport~ng one access to Pine so they ve got some kin Borup: Yes, whether it's one 30 foot or the two 12. Stiles: Okay. MacCoy: Okay, do you want to make a motion to that now that's what you want? Borup: I'd still move on the letter. I'm not sure where do we proceed from here. MacCoy: Well, we need a second on that first. De Weerd: You need a motion on that letter? Prior: No you don't. Borup: On the letter? MacCoy: You don't? We have in the past, so I (Inaudible). Borup: We need a motion to proceed if we are going to go to findings or whatever. Nelson: Before we do that, are we doing this side a disservice if they do get access to Pine but it's-it doesn't really work, and... Borup: Can't comply with the rest of the requirements, I think that's something the applicant to see what they can work out. eomeMt~i Priord, is t ereaenough Mr. Chairman, t have a question for our attorn y information hereto prepare findings? Prior: I haven't heard a motion to prepare findings. Borup: Well no, I'm saying if we did. k what ou're asking is, you're asking Shari to send a lett~ro otACa D Prior: I thin Y to request that they reconsider their ~ a road onthat Aght of-way hThat's ACHD's that, you folks are really, he can t pu rove a conditional use permit, you right-of-way. You can't ask him-you can app just can't have access on Pine. That's really where he's at. Borup: We could still approve the conditional use permit and then whatever could be worked out with ACRD. ~~~ pLA~ AND ZONING COMNIISSION SPECIAL I~TING AUGUST 31, 1998 PAGE 10 Prior: Subject to ACRD. Borup: Which we don't have any control over. Where they've got the.. Prior: That's right, that's the dilemma you're in. Borup: That might be the only way we could pursue then. Nelson: If he doesn't get ACRD approval of what he needs, then can he meet the parking requirements? Prior: That's your determination. Borup: Not the way the site's developed now. Nelson: Then we would have to see it again. De Weerd: So if the motion was conditioned on ACHD's reconsideration... Borup: We can approve the use can't we? he can't get ACHD's approval. He's not going to be able t o use it if Nelson: So we are proving basically the use and not the site plan itself. I can do that. Prior: So you are approving the conditional use permit and even though he doesn't meet the conditions of the conditional use permit is what you are telling me. Nelson: Doesn't sound good to me. Borup: Which conditions does he not meet? Prior: The parking conditions. So what are we doing here? Borup: At this point, I don't know if we can deeercm{he build ng. ~t meets the parking use, because we're not sure of the us Prior: Then maybe what you need to do is close andpmovle along,gwe vve got a lot until he gets a satisfec~tto be looking impatientD of folks here that se Johnson: I have two things, that I-if I could speak one more time, then I would be... MacCoy: Go ahead, (Inaudible). MERIDIAN PLANN~AND ZONING COMMISSION SPECIAL P~TING AUGUST 31, 1998 PAGE l l Johnson: The building in the back, if nothing more, there are two garages back there that would accommodate two cars, which would bring us to six in this building back here. There are two garages and still workspace that would then comply with-I mean those doors, there presently. The other thing, this could be brought in up to five feet of the building, then we could put in angular parking in the back, which would allow according to measurement and this could be redrawn. The only problem is, these people want to get their into the yellow pages because they close the 1St of October, they've ordered merchandise. This driveway could come forward, or this rear parking could even come forward and we could add at least two more parking places there and still with the two in the garage. With six I believe that we qualify for the residential and the downstairs as commercial. Was that my understanding that six? Borup: It would have to be recalculated, that would be something more than five. Somewhere between five and eight. Johnson: There is two here in the garage, there are four here and then with the ADA access which is pending, we would even have two more. There is even parking parallel in front of this during the day, off the alley, without extending past the telephone poles. Borup: Mr. Chairman, is this something that would need to be worked out with staff as far as the parking. MacCoy: I think that's a good point. I would say so. Prior: Mr. Chairman what you're looking at is another situation where you are going to have a plan that you don't know what you're passing on. I think we've been through this, this sounds familiar to me. MacCoy: I don't want to pass it on till we get something worked out. We are not going to work at the head of the top of the desk right now. Johnson: That is an existing garage, two car garage. Old type. I believe that totaled six. MacCoy: John, we could make it so that we approve the document with the conditions that he meet with the staff and they work out a parking situation that meets the code. Prior: It's up to you chairman, I just seem to recall that we had this issue come up with Steiner Development and I remember the results of that. MacCoy: (Inaudible) forward until we have the correct item which is correct as far as the law ordinance code goes. 1V~RIDIAN PLANNIl~-ND ZONING COMMISSION SPECIAL 1~'ING AUGUST 31, 1998 PAGE 12 Prior: So you're going to review itt g elm ndarou about what occueled earl er to pass it along, I guess. I dust want Y Borup: I would like to see it in writing and our next meeting is just a few weeks away. MacCoy: Well that's the September 8~', which is a week away. Is that right? That's next Tuesday. Borup: I have enough confidence in staff, I don't have concerns there. MacCoy: I agree with you on that. It's up to you as commissioners, how you feel collectively, do you want to table it, do you want to pass it on with staff with the condition that staff do the final piece for us? Borup: There isn't the only there is not another public hearing at City Council. They do need to vote on them. (Inaudible) De Weerd: Is next week too soon to address this again? MacCoy: I don't think so, it's just a matter of timing to get this material done with the staff. Shari, Bruce is it too close for something like that for next week? We're in a special condition here right now. Stiles: Commissioners, I think what you are looking at is the applicant loosing another month waiting for Findings of Fact and Conclusions of Law. I don't know if there is any way that you could incorporate into the findings that if the accesses are not approved by the Ada County Highway District in the front, that the-if it's going to be an apartment upstairs they need the two for that, those could be the garage. They would need an additional five and that, even if it involved maybe taking down part of that garage to accommodate the required off street parking spaces, I don't know if that's something you are interested in or... MacCoy: Commissioner Borup? Borup: We've had findings prepared in advance before. I think we can still have findings prepared and then do that tak t~ ace r whether we will accept them or amend them. What would need to p Prior: Just as an issuehchairman, you're not going to have findings on these things on September 8 . MacCoy: That's what I was going to ask you next. MERIDIAN PLANN~AND ZONING COMMISSION SPECIAL ~I'ING AUGUST 31, 1998 PAGE 13 Prior: That's not going to happen. MacCoy: Not with the present situation we've got. Prior: No, you're not going to get findings, so Shari's statement that you will loose another month, well that s not complete~ytaoc ou folks to' look at Youccouu d probably resubmit a drawing on September 8 y approve that drawing and you're going to get the findings at the same time at the October meeting by the new law firm. So, you are not loosing any time whatsoever, all he has to do is make sure that the drawing reflects what you folks require him to do. It'll move along a ~ o Vthe a endaalong in the first instance. Then we can move on to the next ite 9 MacCoy: You want to just table it then from the standpoint of it being pushed to the September 8 meeting? Prior: Are you asking me? De Weerd: No, he's not. MacCoy: I'm asking actually my Commissioner Borup down there. Borup: Oh me, yes, Iwould-whatever would get the-at this point it's time to move on. MacCoy: I agree. I'm waiting for a direction to go. Borup: Well, if there is no chance of getting any findings by our next meeting, then yes, it's not going to make any difference in the overall time frame for that so, I would just table that. De Weerd: You would make a motion to continue the public hearing until our ,September 8th meeting. Borup: I'd second that. De Weerd: That was my motion. Borup: I second that. MOTION CARRIED: All ayes. Prior: Maybe just a clarification for Mr. Johmioht beha kropriate.actly what he expects you to do for them, or he expects, g PP MERIDIAN PLANN~AND ZONING COMMISSION SPECIAL l~i'ING AUGUST 31, 1998 PAGE l4 Nelson: I think what we are asking sir, is that if you could give a plan of the alternative of if ACHD doesn't deal with us, what it's going to take on that backside. (Inaudible) Johnson: Thank you, I'll comply with what you're asking, then I'll take the rest up with Shari at a later date. ITEM NO. 2: PUBLIC HEARING: REQUEST FOR PRELIMINARY AND FINAL PLAT FOR PROPOSED FIRST ME AVENUE BETWBEENI MERHDIAN ROAD PARTNERSHIP -SOUTH OF GEM AND E. 1sT: MacCoy: Is the applicant is here for that? Yes sir, come speak to the attorney. BRIAN IVERSON, 1299 NORTH ORCHARD SUITE 301, BOISE, ID. WAS SWORN IN BY THE ASSISTANT CITY ATTORNEY. Iverson: I suppose that most of you are familiar with the development that has taken place on the property, there is Godfathers pizza and Blimpies and the latest one is the Rockets Restaurant and the developer at this time is planning to plat the property and the four parcels and-so in the future he can sell those parcels off if he chooses. We have read the staff comments and have no problems except with two of them on site specific comments, submit a detailed landscaping plan, including size of species, vegetation, details, walkways, for approval part of final plat signature and letter of credit before the improvements, landscaping to be completed prior to obtaining certificates of occupancy. We don't think this is-and the applicant has written a letter to staff that this item isn't really applicable to this type of subdivision. This part of the process, the subdivision process. The two buildings that have been constructed down there, that was all handled during the building permit process and I royal The otherhy that couldn't continue, that it has to be a condition to plat app item to take issue with is (Inaudible) is the forth s developme t tltcsv thevenants item ten. No restrictive covenants or plan intention is not to have an owners association, itwell take care(of any'bestpcfi nsd any-city ordinances and building codes pretty they require. That's some of my comments. MacCoy: Okay, commissioners? Borup: I have a couple questions Mr. Chairmment?em three, have you made the corrections on that? Indicating a lateral ease Iverson: Yes I have. I've been trying to submit that, but... • • MERIDIAN PLANNING AND ZONING MEETING: Au ust 31 1998 ITEM NUMBER: 1 APPLICANT:. JOSEPH JOHNSON ______ _..~~T..~~T ~. anSSIBLY REQUEST: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS NO NEW INFORMATION P~`~ ~,l SAP} g OTHER: M 'dian Materials pros®nted at public meetings shall become property of the City of eri ,,. <, . C~ • MERIDIAN PLANNING & ZONING COMMISSION MEETING: AUGUST 11 1998 AGENDA ITEM NUMBER: 17 APPLICANT: JOSEPH A. JOHNSON REQUEST: GONU~~wrvr+~ ~~~ ~ ~~-~-~•• • - RETAIL USE AG_ ENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~j 3~s~ 'f 1- U Y` ~~ ~~ "1 ' ~ -~ LI ION: BUREAU OF RECLAMAT OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~f~ HUB OF TREASURE VALLEY LEGAL DEPARTMENT Mayor A Good Place to Live (208) 884-4264 ROBERT D. CORRIE CITY OF MERIDIAN PUBLIC WORKS ['n~~ncil Members BUILDING DEPARTMENT 33 EAST IDAHO (zoa> 88~-zz t I CHARLESROUNTREE GLENN BENTLEY MERIDIAN, IDAHO 83642 PLANNING AND ZONING Phone (208) 888-4433 • Fax (208) 88~ 8~1~3~~~ DEPARTMENT RON ANDERSON ~ (208) 884-5533 KEITH BIRD AUG p g 1998 August 6, 1998 MEMORANDUM: CI'~"~ ~F MERIDIAN To: Planning & Zonng Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Enginee Shari Stiles, P&Z Administrator Re: Request for Conditional Use Permit for anOffice/Upstairs Apartment/Possible Retail Use at 46 E. Pine Avenue by Jay Johnson We have reviewed this submittal and offer the following c unlessnexaressly modified or P application. These conditions shall be considered in fu , deleted by motion of the Meridian City Council: is located in Old Town, which requires a conditional use permit for most l , The property hcant flexibility uses. The application was submitted for various uses to allow thot on the east and a to attract potential tenants. The site is adjacent to a parking residence on the west. 2 Off-street parking shall be provided in accordance with Section to be 4avedf and triped Meridian Zoning and Development Ordinance. All parking P If Ada County Highway District does not approve the Armuumum of one (1)~van parking will need to be in the rear of the propertyo riate si na e A total of five accessible handicap space is to be provided with app p g g (5) off-street parking spaces r'i'ould be required for office/apartment use; eight (8) spaces would be required for retail use. 3, .Applicant is to maintain a minimum four-foot planting strip adjacent to residential use. Fire, etc.) 4. All construction is to meet the requirements of all Uniform Codes (Building, and the Americans with Disabilities Act. The building needs to be brought up to code for fire and life safety requirements and must meet handicapped accessibility standards because of the change in use. JJo~on.cuP P&Z Commission/Mayor & Council August 6, 1998 Page 2 5. Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service will be reviewed to see if the additional load would. justify additional assessments. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 6. Zoning Certificate and Certificate of Occupancy are required prior to occupancy. 7. No signage has been proposed, and none is approved with this application. All signage will require separate permits and will be subject to design review. g . If existing vegetation is to be removed, a minimum of one (1) three-inch (3 ") caliper tree shall be provided for each 1,500 square feet of asphalt. 9. The Applicant is to provide a screened trash enclosure in accordance with City Ordinance. 10. The Conditional Use Permit shall be subject to review upon notice to the applicant. J7ohnson.CUP • • HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO ~ BUILDING DEPARTMENT (208)887-__Il GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-481 ~~~~ PLANNING AND ZONING KEITH BIRD Y v DEPARTMENT (208) 884-5533 J UL 2'~ 1998 ~.~~~~ ~~' MERIDIAN 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: August 4, 1998 TRANSMITTAL DATE: July 23, 1998 HEARING DATE: August 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR AN OFFICE, UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY: JOSEPH A. JOHNSON LOCATION OF PROPERTY OR PROJECT: 46 E. PINE AVENUE TAMMY DE WEERD, 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 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 & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC ION(PRELIM & FINAL YOUR CONCISE REMARKS: I~~~~~~ J U L 2 ~ 1998 `r' ~ ~ dIDIAN '~ HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO ~ BUILDING DEPARTMENT (208)887-__Il GLENN BENTLEY MERIDIAN, IDAHO 83 ~ J 4433 • Fax (2 - i3 - ~+ 208) 888 Ph PLANNING AND ZONING RON ANDERSON . , - one ( DEPARTMENT KEITH BIRD ~ ~~ 2 8 1998 (208) 884-5533 ~~,~~' :``~ MERIDIAN 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: August 4, 1998 TRANSMITTAL DATE: July 23, 1998 HEARING DATE: August 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR AN OFFICE, UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY: JOSEPH A. JOHNSON LOCATION OF PROPERTY OR PROJECT: 46 E. PINE AVENUE TAMMY DE WEERD, 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 CITY FILES lc ~SlAE MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCISE REMARKS: / ~ ~ /~ ~~ /V L O ~ fi' D u ~ CENTRAL C ~~ DISTRICT ~iRHEALTH DEPARTMENT Rezone # DISTRICT HEALTH D Environmental Health Division JUL 29 1998 CITY OF MERIDIAN Return to: ^ Boise ^ Eagle ^ Garden City ~~'leridian ^ Kuna ^ ACZ Conditional Use # ©~/G~c~' Ui°s~/~S ~°s9~~G~l~~i"~ Preliminary /Final /Short Plat c~c~s~P~ ~ ~a~~s~ I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ 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 the 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~ ~~ Review Sheet CDHD 10191 rcb, rev. 7/91 r~ • P ~ ~~ s~ g~CE g' ~D I ,,., AUG 1 0 1995 CITY OF MERIDIAN ~~~~~ ~ ~~~ ~r,~ruct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Widl.Berg, city Clerk City 'Meridian 33 East Idaho Meridian, ID 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 _, .~,, , . RE Conditional Use Permit for an office, upstairs apartment and possible retail use for Joseph A. Johnson Dear Commissioners: The Nampa & Meridian Irrigation District's Hunter Lateral courses along the south boundary of the project. T{ae right-of--way of the Hunter Lateral is 40 feet; 20 feet from the center each way. Idaho Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact 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. Sincerely, /r~/~~~^ Bill Henson, Asst. Water Superinxendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File -Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 4 August 1998 Joseph A. Johnson 46 E. Pine Avenue Meridian, ID 83642 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 COPY SHOP: Nampa 466-0663 RE: Land Use Change Applieation far ~€fce/At~artrr~ent/Retail __ _ __ __ __ ___ Dear Mr. Johnson: 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 irrigation 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 Anderson, the District's Water Superintendent at the District's shop. Sincerely, ~~ ~.Q~t.a_._~ , a~ 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 6 August 1998 831 East First Street Corner of East First and Pine Street Meridian, Idaho 83642 (208) 888-2141 Fax (208) 888-3732 RECE~D au~ ~ i a99~ August 11, 1998 CITY OF MERIDIAN Meridian Planning and Zoning Commissioners ~ -r`'~"" #( / Attn: William G. Berg, City Clerk ~ ~~ ~ ~.fT,~.- `,yt.~ 33 East Idaho ~~/'~- Meridian, Idaho 83642 ~,~/~ ~j q ~/ Dear Commissioners, / ~O I am writing you concerning item #17 on the Meridian Planning and Zoning Commission agenda for August 11, 1998: "Public hearing: Request for conditional use pertnit for an office, upstairs apartment and possible retail use by Joseph A. Johnson at - 46 E. Pine." It is the church's desire that no permission be granted that in any way could impact the church's unrestricted use of the church's parking lot east of and adjacent to the Johnson property at 46 East Pine. Our major concern is the establishment of a retail business (i.e.. restaurant, video store, etc.) that could demand more off-street parking than Mr. Johnson can provide on his property. Ike is currently in such a situation with his other business tenants along East Pirst Street. Your careful attention to this matter is greatly appreciated by me and the Valley Shepherd Church of the Nazarene. Sincerely, GY~c~`'~ Dave Cox Dave Cox Pastor Steve Kuykendall Minister of Music Harold Westlund Minister of Visitation Mazk Pounds Marla Blaser Pastor to Youth Pastor to Children ``~~4iflP ~~~~~ ~~,, RECE'~D AUG 1 4 1998 CITY OF MERIDIAN PLANNING & ZOI~TING August 27, 1998 Joseph Johnson 46 East Pine Avenue Meridian, Idaho 83642 Re: Staff Level Approval Office/apartment/retail use MCU-21-98 46 East Pine Avenue Facts and Findings p lication wa District (ACHD) staff has received the abovedr~eilinci nto pit office, The Ada County High y sin le family g A. royal to convert an existing g requesting conditional use app enerate 20 ail use. The 0.22-acre site is located on th e timated to gPme venue, apartment and possible ret ineers Trip roximately 120-feet west of East 1st St as ~ o ~hdlnst tute of Transportation Eng aPp er day b additional (40 total) vehicle trips p Generation manual. 23, 1998, and ed as received by Meridian City on July B • The app the ACRD Planning and lication and site plan stamp fitted to the District on July 24, 1998, have been reviewed by subm forms to applicable District standards/ nts stated b lowmade to Development staff and con uireme conform with the change(s) to the plan described in the req be heard by the ACRD Commission unlit a t eal of hen This is a staff level approval and will not uirements h a manner as to not:conform with Distri ibed wathan the St ndard Req is changed m suc Development Services staff decision is submitted as escr outlined below. rovided as conditions for approval: The following requirements- are p Site Specific Requirements: utter and/or curb; utter and/or sidewalk on Pine Ame is t be replaced shall be determined 1. Replace damaged g im rovements. Seg with file concrete sidewalk to match existing p Services staff. Contact Construction Services at 387-6280 by ACHD Construction number) for details. b the District. avement are not allowed unless approved in writing Y 2. Utility street cuts in the new p ction Services at 387-6280 (with file number) for details. Contact Constru i < ~ • interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Sincerely, Larry Sale Planning and Development Supervisor cc: Project file Lead agency MCU2198.BK Page 3 ~Y , 1 Ila IOI III ~~~V J~ 2~ .~~nr ~z ~~Lda lrvc~w~~~~w 3or ~,~9 ~a I~ol 1~3HS J.VMJ.3llV 1 ~1 ~_^ \~--, .A~ I { 1':' I I I. I L I: I 4 1` ' .IL I, ~ I F . . ~ I ~ I ~ I h %A~ ' ' ~ ~,, }... ,: :I: ~ :I,:.. . ~ I I I I> i 1. I I , I;, I:: p. .' c~~o , ~~'N .. ... a Z woo S ° I fl ua o I , I w I w m ~n ~1~ I _ _ pm 0~ ~ F- W ~ ° I W / ~ w~ ° ~ o o 1 z - O Q °I ~ , a a z~ Ua ,~ KK ~ ' ~ ~ j j ~ N N wo 3 .! 7-' ~ ~ 1/1 .~ w m m ~ p ~ i ~ ~ F ux ~ ~ i x a J u ~ of 3 ~ i 0 a a ~ rv n I L. 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CITY COUNCIL CHAMBERS PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE, UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY JOSEPH A. JOHNSON - 46 E. PINE: 2. PUBLIC HEARING: REQUEST FOR PRELIMINARY AND FINAL PLAT FOR PROPOSED FIRST MERIDIAN PLAZA BY WILD SHAMROCK PARTNERSHIP -SOUTH OF GEM AVENUE BETWEEN MERIDIAN ROAD AND E. 1sT: 3. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED WHITESTONE ESTATES N0.3 SUBDIVISION BY WHITESTONE PARTNERSHIP -WEST OF CINDER AND SOUTH OF FRANKLIN: 4. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR PROPOSED TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS -EAST OF W. 7T" AND SOUTH OF IDAHO: 5. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR 8 ZERO LOT LINE TOWNHOUSES IN TERRA TOWNHOUSE SUBDIVISION BY JIM HICKS -EAST OF W. 7T" AND SOUTH OF IDAHO: 6. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR GROUP DAYCARE BY TINA CARRICO - 2052 N. LARK PLACE: 7. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR CONVERSION OF GARAGE TO BEDROOM & BATHROOM BY MEL A. LACY -1414 N. MERIDIAN ROAD: 8. PUBLIC HEARING: REQUEST TO AMEND CITY ORDINANCE, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND THE DEVELOPMENT AGREEMENT FOR TROUTNER BUSINESS PARK BY TROUTNER BUSINESS PARK DEVELOPMENT CORP. - S. WEST FIFTH AVENUE, SOUTH OF FRANKLIN AND WEST OF MERIDIAN ROAD: ~ s T - T -Y^ T ~t t' '~- + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ~ + + + + + + + + + + + + + + + + + + + + + + + -~ _ + + _ + + _ -F + ~+ +~ 0 w Z ~-~ L% N + + + + + + ~ + + + + + + + + + + + + + ~ + f t + f f + + + + +,~E 1 + + + + + + + + + + + + + ~ + + + + + + + + + + + + + ~ ~-- ~H 0 ~x n, 5 oo~v' o~,?D mv~i~0 mc~= ~~~0 ~N~°Z l oT '~ V c- d (' ;~ jjW~~ ~ r W r a h 'd m ~~~ ~ 1 ~ N ~~ ~T ~ a Ali i CIN OF MERIDIAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4.433 Customer's Order No. Date Vame n.Io -~ address .~ ~ .~ dS~ /;~/ ~~,-T `..~:U //~ ~3~~~ Phone: 3 /( SOLD BY ~~~ C.O.D. CHARGE ON ACCT. MDSE. RETD.I pq~OUT ~~ ~ ~ ~, ~s _ , `-~ ~: ,~~ U - ~ !^c s' /.s y/-~ All claims and returned goods MUST be 0 0 0 9 0 4 5 Received BY cs-zoz-z PRINTED IN U.S.A. J1~ PNINTFO WI7N ~JSOYINK,. ,~, ~ I I I I I I I I I I I I I I I I I this bill. D TAX I TOTAL 3 ~, i// (CJ I t[.il(IIJ~Qt(/ .~ ~. ivlayor ~ ROBERT D. CORR~ ,\ ~, C~wncil biemberv~~ CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD 33 EAST IDAHO - MERIDIAN, IDAHO 33632 Phone (208) 888--1433 • Fax (208) 887-4813 LEGAL DEPARTMENT (2U8) 881--1_61 PLBL[C WORKS BU[LD[NG DEPARTMENT (203)887-'21l PLANNING AND ZONING DEPARTMENT (208)381-5533 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: August 4. 1998 TRANSMITTAL DATE: July 23, 1998 HEARING DATE: August 11, 1998 REQUEST: CONDITIONAL USE PERMlT FOR AN OFFICE UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY: JOSEPH A. JOHNSON LOCATION OF PROPERTY OR PROJECT: 46 E. PINE AVENUE TAMMY DE WEERD, 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 _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 & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM i~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL REcE~D ~u~ z a ,ssa CITY OF MERIDIAN WASTEWATER. DEI° ~'. HUB OF TREASURE VALLEY A Good Place to Live CITY OF 1VIERIDIAN N~CE~D J U L 2 4 1998 CITY OF MERIDI~'Y MERIDIAN CITY COUNCIL MEETING: _ APPLICANT: JOSEPH A JOHNSON REQUEST: CONDITIONAL USE PE RETAIL USE AGENCY CITY CLERK: OCTOBER 20. 1998 ITEM NUMBER: 15 RMIT FOR AN OFFICE. UPSTAIRS APARTMENT AND_POSSIBLY COMMENTS SEE ATTACHED MINUTES FROM 10/13/98 SEE ATTACHED FINDINGS FROM P8Z CITY ENGINEER: CITY PLANNING DIRECTOR: C ITY ATTOR N EY: 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 AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 11 De Weerd: I second that. MacCoy: All in favor? MOTION CARRIED: All ayes, one abstain. ITEM NO. 6: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN OFFICE UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY JOSEPH AJOHNSON - 46 E. PINE: MacCoy: Commissioners? De Weerd: I do have a question of our city attorney. That would be we have a new report from ACRD and how can we incorporate that into the findings? Rossman: The ACRD report had not been provided at the time that the motion was made and approved, however, the Findings of Fact and Conclusions of Law have not been approved as of yet, and certainly an addi#ional condition that the applicant comply with the requirements of the Ada County Highway District report can be made an additional condition by inner lineation on the Findings of Fact that you have before you. So basically what you do is just move to approve the Findings of Fact with the addition of an additional condition. Borup: Mr. Chairman, I believe the attorney did cover that item 9 paragraph A, I mean-Item A under number 9 made reference that if the approval was obtained from Ada County Highway for the curb cut. Unless you are talking about other items in the ACRD report? De Weerd: No, that was the specific item. I'm pleased to see that they reconsidered that. Rossman: That item was covered within the Findings of Fact, if there are additional items in the ACRD report that you want may express the condition of the approval of the conditional use permit you can certainly do that. De Weerd: I have nothing further. MacCoy: Mr. Borup? Borup: I have nothing, glancing at the ACRD that was the only thing that I noticed that was in addition to their previous report. MacCoy: Commissioner Smith? Smith: Nothing. MERIDIAN PLANNING AND ZONING COMMISSION MEETING OCTOBER 13, 1998 PAGE 12 MacCoy: Commissioner Nelson? Nelson: I have no comments. MacCoy: Do you want to read the approval of findings? Borup: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. De Weerd: Second. ROLL CALL: Borup -yea, Smith -abstain, De Weerd -yea, Nelson -yea. MacCoy: Decision? Borup: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditions, the conditional use set forth for these uses, set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law and any other conditions required by the Meridian City Council. De Weerd: Second. MacCoy: All in favor? MOTION CARRIED: All ayes, one abstain. MacCoy: Motion passes. ITEM NO. 7: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A REGIONAL SHOPPING CENTER BY DAKOTA COMPANY INC. - SE CORNER OF EAGLE AND FAIRVIEW: MacCoy: Commissioners? De Weerd: Mr. Chairman, I have a couple of things that I would like to amend. Item 12, letter A on page 11. MacCoy: Which page are you on now? De Weerd: Page 11. MacCoy: Item 12? BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION OF JOSEPH A. JOHNSON, 46 E. PINE AVE., THE APPLICATION FOR CONDITIONAL USE PERMIT FOR APARTMENT AND BRIDAL SHOP RETAIL USE, LOT 9, EXC. W. 20' LOTS 10 AND 11 BLOCK 1 MERIDIAN, F.A., MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDATION TO CITY COUNCIL The above entitled conditional use permit application having come on for public hearing on August 31, 1998 and September 8, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Lavv: FINDINGS OF FACT 1. A notice of a public hearing on the conditional, use permit was published for two (2) consecutive weeks prior to the said public hearings scheduled for August 31, 1998 and September 8, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the August 31, 1998 and September 8, 1998 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and §11-2-416E and 418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the properly is at 46 E. Pine Avenue, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The applicant is the record owner of the property and has filed a written request for a conditional use permit. 5. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 6. The subject property is currently zoned (OT), Old Town District. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT zoning of the Old Town District (OT) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(12). 7. The proposed application requests a conditional use permit for the subject property to be used as an apartment on the upper level of the property, and for retail purposes on the main level of the structure for the operation of a bridal shop. The OT zoning designation within the City of Meridian Zoning and Development Ordinance requires that a conditional use permit be obtained for most uses including those requested by the applicant. (Meridian City Zoning and Development Ord., Section 11-2- 409). 8. The testimony at the public hearings established that the particular characteristics of the subject property make the proposed conditional uses desirable, that the area is or will become commercial in near future, and that the proposed conditional uses are consistent with the Old Town direction to upgrade to commercial uses while maintaining the integrity of the older homes in the area. 9. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 10. The applicant has proposed to develop the property with six (6) parking spaces to the rear (north) of the property, including two (2) parking spaces within an enclosed garage. The property also maintains the capability of three (3) additional on street parking spaces on Pine Street in front of the subject property. 11. The applicant has requested permission from the Ada County Highway District to allow curb cuts and access to the subject property from Pine Street which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT would allow for the minimum of one (1) additional parking space for handicap access. 12. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and through a Memorandum dated August 6, 1998, and by and through testimony during the public hearings on this matter. Such report and comments are hereby incorporated herein. 13. The Central District Health Department, the Meridian City Police Department, the Nampa & Meridian Irrigation District, the Ada County Highway District, the Meridian Fire Department, and the Meridian Sewer Department submitted comments which are also hereby incorporated herein. 14. The uses proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 15. The proposed uses within the subject application will be harmonious with and in accordance with the Comprehensive Plan in this Ordinance. 16. The uses proposed within the subject application will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or attended character of the general vicinity and that such uses will not change the essential character of the same area. 17. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 18. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT protection, drainage structures, refuse disposal, water, and sewer. 19. The uses proposed within the subject application will not create excessive additional requirements at public costs, for public facilities and services, and will not be detrimental to the economic welfare of the community. 20. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. To occupy and use real property which is designated and zoned as Old Town (OT) District within the City of Meridian for apartment and bridal shop retail uses requires approval by the Commission as provided for under the City of Meridian Zoning and Development Ordinance, 11-2-409. 5. The Commission has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding but the following standards are met (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. 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. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. Prior to granting a conditional use permit in an Old Town (OT) District, one (1) public hearing shall be conducted with notice be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian Zoning and Development Ordinance. 7. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.) 8. When the Commission approves a conditional use permit it may impose conditions of that approval that reasonably: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT a. Minimize adverse impact on other development; b. Control the sequence and timing of development; c. Control the duration of development; d. Assure that the development is maintained property; e. Designate the exact location and nature of the development; f. Require the provision for on-site public facilities or services; and g. Require more restrictive standards than those generally required, in this Ordinance. 9. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: a. If the applicant subsequently becomes successful in obtaining approval from the Ada County Highway District for a curb cut and access to the subject property from Pine Street that a minimum of one (1) parking space for handicap access as depicted within the plot plan attached to the subject application and dated July 22, 1998 will be maintained. b. Irregardless of whether the applicant is successful in obtaining the approval of the Ada County Highway District for a curb cut and access to the subject property from Pine Street, the applicant shall maintain a minimum of six (6) parking spaces in the north portion of the subject property as depicted within the plot plan filed with the application and dated July 22, 1998. c. All requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated August 6, 1998 be complied with. d. All comments and conditions set forth by the Meridian City Sewer FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT Department, City Police, Fire District, Ada County Highway District, Central District Health Department, and Nampa & Meridian Irrigation District must be complied with. 10. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 11. It is hereby recommended by the Meridian Planning and Zoning Commission that should be applicant meet the afore stated conditions that the requested conditional use permit for the uses set forth hereinabove be granted by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT r APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER SMITH VOTED -- VOTED ,Cl~is~ COMMISSIONER DEWEERD VOTED ___! COMMISSIONER NELSON VOTED ~_ CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED - DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: -~ 100998-Final ~°~~~Y~ DISAPPROVED: /~s~-- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT ^ ~~ MERIDIAN PLANNING 8, ZONING COMMISSION MEETING: OCTOBER 13, 1998 APPLICANT: JOSEPH A. JOHNSON AGENDA ITEM NUMBER: 6 REQUEST: AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES FROM 9/8/98 SEE ATTACHED FINDINGS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 8 i De Weerd: I would move that we instruct the... (Inaudible) Borup: Mr. Chairman, I move we approve the preliminary plat. Nelson: Second. MacCoy: Any comments? All in favor'? MOTION CARRIED: All ayes. ITEM N0.12: CONTINUED PUBLIC HEARING REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE, UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY JOSEPH A. JOHNSON - 46 E. PINE: MacCoy: Would the applicant please come forward. JOSEPH A. JOHNSON, 4375 ROSEHILL COURT, BOISE, ID. WAS. SWORN BY THE ATTORNEY. MacCoy: Good morning to you, do you want to tell us anything at this point, or do you want to wait for questions? Johnson: I'm overcome, I'll wait for questions. MacCoy: Commissioners, do you have any questions for Mr. Johnson? De Weerd: I just thought we were waiting to see an alternative plan for the parking, in case ACHD didn't reconsider his request. Johnson: Across the back, we have an 80 foot lot. We allotted for the parking- forthe planter five feet on the west side and I think it's four-is that correct, four feet (inaudible). Is it four or five feet? Four feet, that parking area is 32 feet deep off of the alley and it is 32 feet wide. There is 5.9 feet on the east side of the garage. Now, in my application, it showed work storage that is a functioning two car garage and consequently with the area we have at present and with a two car garage, we meet six. We are not looking at heavy duty parking, we're talking about a bridal boutique and upstairs residents. The upstairs residents will use the garage and it is the same people that have the downstairs. Any other questions? MacCoy: Did you receive anything from ACHD on this? Where do we stand with that piece? MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 82 Johnson: I received eight items specified, but approved through ACHD. I have submitted a counter to ACHD's request and talked to Mr. Sale tonight. I have not had any response. I have a hearing on the 23`x, their request for me to pave 200 feet of the alley, just to get to the (Inaudible) parking area and to redo the curb and the curb is already asphalt. I feel as it's not really responsible because I think it'll cause puddling and eventual in the winter time ice that would be in the front parking. I'm still hoping to get the front curb cut, I am flexible on (Inaudible) a 19 or a 12, I can't speak on your behalf, I have submitted it. I understand that there is a letter that was to be sent to ACHD in recommendation of the curb cut. Having the-I think the handicap parking in front has a little more dignity to it then making them go to the alley to drive in. MacCoy: But you haven't heard anything back from them? Mr. Safe didn't tell you anything tonight? Johnson: My conversation with him was I would like to go ahead and get approval tonight and the commissioners, pardon me. The conversations is open with ACRD, we can be flexible, we can comply with adequate parking. Everything that you all have something to do with, I think we can comply with. The only variances that we have, are with ACRD. MacCoy: Shari, have you heard anything from ACHD, where do we stand with that? Stiles: As Mr. Johnson has said, he has filed an appeal on their former decision to not allow any curb cuts there. I think they are still investigating the history on what is happened there on Pine. I think there is a way if this portion of the existing garage is taken off the back and they use two existing spaces in the garage and pave this area back here. They will meet the minimum parking requirements. It may not be the most ideal, but that's kind of where we stand. We don't know if he is going to get any access off Pine right now. MacCoy: We don't know of any date or deadline on this thing? Stiles: Once an appeal is filed, it kind of sets everything back and then they have to go to the commission. I think this was a staff level approval at first. Johnson: Yes, it was a staff level and the official meeting is on the 23~. I would like at this point in time try and save that portion of the garage which is separate and added on to, but we need for work area. We have enough room in the back, that we could possibly even redesign them... (END OF TAPE) Johnson: ..by redesign some way even leaving that there still meet the parking requirements. I believe because that's 80 feet. You take off on the original plat MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 83 five foot on one side and five foot (inaudible). You -take out 27 feet for the garage and that little building, there's a remainder of I believe it's about 46 feet that is in fact in road mix at this point in time. Stiles: The pazking calculations aze based only on the house and the apartment and from the plan that's submitted, these aze the minimum width requirements for parking stalls. Johnson: The originals were 8 feet I believe. Stiles: There'd be 9 x 19. You show four on your plan which are at the 9 foot. If you're using part of the garage for work area, that has not been calculated in the number of pazking stalls you would need. Right now you need seven pazking stalls just for the house portion. Johnson: Could I have my tenant address you people with his concerns? RON RUEPPEL, 3549 N. COLE ROAD BOISE WAS SWORN BY THE CITY ATTORNEY. Rueppel: Commissioners what we're planning on doing for the time being is my wife and I aze going to be living upstairs, and we would start a bridal shop in the bottom. I won't be selling any dresses, but I did tell her that I would get everything ready for her. Shari we would use the garage to pazk our two vehicles. There is more room rather than taking off that section because she said she could use that, and simply be dying shoes which I know nothing about, but I would rather take out one tree that is there closer to the house and go forward toward the house more and I can probably take azound 12 to 14 feet and bring it up towazds the house in the back. That is if ACRD doesn't go through, but after talking to some people there (inaudible) but they are going to have to do something to allow access because all those buildings up on Pine aze most likely going to go eventually commercial. And there is no access off Pine except for a legal curb cut into a parking lot by the church which was done a few years ago, so we're trying to do this right and we're working with Larry and I think we can get something done. Right now I think I could get more parking if necessary if I just moved it towazds the house. Stiles: I guess I don't see how that would work. Unless you are going to park in tandem. Rueppel: I would have to look at it on the computer, but I'd probably do 45. I'd have to see how I could get -you want a total of how many Shari? Stiles: Not counting any use of the gazage except for strictly garage, now if you're talking about using it for business, that's additional pazking space you aze going to need to provide for that. Rueppel: Just the small 7 foot section would be used as like an office. I might put my office, or she might dye shoes, but the two garages would be used for (inaudible). MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 34 Stiles: So you are talking about this a little addition that's there. Rueppel: The small addition. Stiles: That doesn't meet uniform building code for occupancy for any kind of a business or - Rueppel: To dye shoes out there in the back so you're not doing it inside the house? Stiles: I believe you would need to get permission from the building inspector to use that for anything but a garage. Rueppel: Okay. Stiles: You'd be better off not telling me that. Rueppel: I can work with (inaudible) on that to get that done. But I don't want to tear it out at this point. I would like to see if I could use that. Stiles: I guess I'd rather see you get by with this existing plan. Than to take out any of those trees. I mean you've got some nice trees back there. Rueppel: Well there's one small tree that is being dwarfed by two larger ones anyway. It is a plum tree, which I don't want to take it out, but there's two huge trees that are just dwarfing it anyway. And you can take a look at it if you want. Any questions? Borup: This plan for the 1,000 square feet on the lower level, is that close? You say your wife will be Homing. Is she going to have employees. Rueppel: Probably not to start out with for a while. Borup: I guess what I was getting to was how many customers do you anticipate having in it at any one time? Rueppel: I don't know. It's not a huge shop. It's not a 2-3,000 square foot shop. I wouldn't imagine more than two three customers at a time. A lot of them are by appointment. Borup: And that's what I was wondering. That maybe kind of relating to what Shari was saying, I realize the ordinance say parking spaces based on the square foot of the building. Maybe that's somewhat a prerogative we have on a conditional use. Can we take a consideration a little bit the use of the business and by that use what kind of customer traffic it would expect and I would see a lot less customer traffic on this then if it was a coffee shop or any number of things. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 85 Rueppel: And I have done some reseazch as faz as how many weddings in Ada County and how we might expect to pick up reasonably and I can get that to you and you can divide it up. I can see fifteen customers a day. Stiles: You hope. Rueppel: I hope, yeah that would be nice. Borup: And I brought that up just as and I don't know how pertinent that is, but that was my thought this does not seem like a high traffic type of business that's going to have a lot of cazs that need to pazk there. MacCoy: Good point. Okay, no questions for him? How about Mr. Johnson, any questions for him? Okay you two can sit down. Is there anybody else in the room that wants to make comments. Don't laugh at that. (Inaudible) MacCoy: If not we'll close the public hearing and Commissioners what do you want to do? Borup: Does the attorney feel comfortable prepazing - (inaudible). We're still kind of at this point we can proceed on assuming that ACRD may make an adjustment or go with the plans as they aze which were under a little bit under on the pazking; is that correct? Is that what we're basically looking at right now? Stiles: Commissioners what he's proposed would actually exceed what he would be required to have with the handicapped access and there's still room for a couple of parking spaces out front. I would feel comfortable if he would pave that alleyway and those pazking azeas out back. I don't know that the findings could be worded such that there would be a curb cut offPine if approved by Ada County Highway District to allow a minimum of one pazking space for handicapped accessibility. Borup: I'll bet you we have an attorney that can include that. Stiles: If they don't get the access off Pine with the design here they will not have a handicapped accessible parking spot. But Jay will carry them in personally if they need assistance. Borup: I'm ready for a motion. MacCoy: Well make one. Borup: I move that we request the city attorney to prepaze Findings of Fact and Conclusions of Law on this application. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 86 Nelson: Second. De Weerd: With any conditions based on the approval of this or - Borup: The conditions are in the testimony. No, well - De Weerd: Can you do that? Borup: And again I think I stated this before. I have a little different attitude on some projects like this rather than - De Weered: What we just had. Borup: Yeah. (Inaudible) Borup: Would you like some conditions? Rossman: Well that was a legitimate question as whether you're moving for approval or approval with conditions. De Weerd: That was my question. Don't look at me. Borup: Well is there some conditions that you would like to see. De Weerd: Well I thought you made the condition before you made the motion. Borup: I didn't make any conditions. De Weerd: Based on ACH's reconsideration or would you accept that - Borup: On something like this I've got the confidence that staff can handle it. MacCoy: Well Mr. Johnson said he could take it the way it was without having to go through we as a commission thought that it was unfair that he was saddled with this in the first place by ACRD. It was just a blanket situation so we have asked in his behalf and our city to re-review their request, but he's already stated again tonight that even without that, he still could go ahead with it so he's not requesting everything should be hinged on what they come up with. Am I correct? Johnson: That is correct. This is a small business and the more expenses we have in there the harder it is to survive and that's a concern. Borup: And again this is a conditional use if the business changes or something else happens then they are back here again. And it may different. MERIDIAN PLANNING AND ZONING COMMISSION MEETING SEPTEMBER 8, 1998 PAGE 87 Nelson: I'm for proceeding as it is. We've already discussed the four parking stalls in the back plus two in the garage. He's got additional parking on the front road if there's no curb cuts. De Weerd: I don't think the parking was in the garage. It's along side the garage. Is that right? (Inaudible) De Weerd: In the garage? Borup: Part of the parking is for the residents and parts for the business so there's - Rueppel: There's-six overall in the back. Borup: We got four for the business plus three on the street if neighbors aren't taking up those spots. Nelson: I do believe you do have two internal to the garage. We're counting that. De Weerd: Okay. Nelson: So I'm comfortable with the second as discussed. Borup: Without any additional conditions? Nelson: No. MacCoy: All in favor? MOTION CARRIED: All ayes. De Weerd: I can't wait to see the Findings. (Inaudible) ITEM 13: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERNIIT FOR GENERAL AUTO REPAIR AND SERVICE BY JOHN BISS - ON MERIDIAN ROAD JUST NORTH OF MERIDIAN RENTAL. MacCoy: This business has been told to me by ACHD that they did not have the material forms yet. It is one of their concerns and it will not be available until our October 13th meeting. So I need a motion to change this. This is an open public hearing and there seems to be nobody in the house to say anything. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION IN THE MATTER OF THE APPLICATION ) OF JOSEPH A. JOHNSON, 46 E. PINE AVE., ) THE APPLICATION FOR CONDITIONAL USE ) PERMIT FOR APARTMENT AND BRIDAL ) SHOP RETAIL USE, LOT 9, EXC. W. ) 20' LOTS 10 AND 11 BLOCK 1 MERIDIAN, ) F.A., MERIDIAN, IDAHO ) FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RECOMMENDATION TO CITY COUNCIL The above entitled conditional use permit application having come on for public hearing on August 31, 1998 and September 8, 1998, at the hour of 7:00 o'clock p.m., on said date at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearings scheduled for August 31, 1998 and September 8, 1998, before the Planning and Zoning Commission, the first publication appearing and written notice having been mailed to property owners or purchasers of record within 300 feet of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearings and with the notice of public hearing having been posted upon the property under consideration more than one FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page l CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the Planning and Zoning Commission at the August 31, 1998 and September 8, 1998 public hearings; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and §11-2-416E and 418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. The property is located within the City of Meridian; that the general location of the property is at 46 E. Pine Avenue, Meridian, Idaho, and described in the application which description is incorporated herein. 4. The applicant is the record owner of the property and has filed a written request for a conditional use permit. 5. The Meridian Planning and Zoning Commission takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11, Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 6. The subject property is currently zoned (OT), Old Town District. The FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 2 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT zoning of the Old Town District (OT) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(12). 7. The proposed application requests a conditional use permit for the subject property to be used as an apartment on the upper level of the property, and for retail purposes on the main level of the structure for the operation of a bridal shop. The OT zoning designation within the City of Meridian Zoning and Development Ordinance requires that a conditional use permit be obtained for most uses including those requested by the applicant. (Meridian City Zoning and Development Ord., Section 11-2- 409). 8. The testimony at the public hearings established that the particular characteristics of the subject property make the proposed conditional uses desirable, that the area is or will become commercial in near future, and that the proposed conditional uses are consistent with the Old Town direction to upgrade to commercial uses while maintaining the integrity of the older homes in the area. 9. The applicant has agreed to pay any additional sewer, water or trash fees or charges, if any associated with the use. 10. The applicant has proposed to develop the property with six (6) parking spaces to the rear (north) of the property, including two (2) parking spaces within an enclosed garage. The property also maintains the capability of three (3) additional on street parking spaces on Pine Street in front of the subject property. 11. The applicant has requested permission from the Ada County Highway District to allow curb cuts and access to the subject property from Pine Street which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT would allow for the minimum of one (1) additional parking space for handicap access. 12. The Assistant to the City Engineer, Bruce Freckleton, and the Meridian Planning and Zoning Administrator, Shari Stiles, have submitted comments, by and through a Memorandum dated August 6, 1998, and by and through testimony during the public hearings on this matter. Such report and comments are hereby incorporated herein. 13. The Central District Health Department, the Meridian City Police Department, the Nampa & Meridian Irrigation District, the Ada County Highway District, the Meridian Fire Department, and the Meridian Sewer Department submitted comments which are also hereby incorporated herein. 14. The uses proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 15. The proposed uses within the subject application will be harmonious with and in accordance with the Comprehensive Plan in this Ordinance. 16. The uses proposed within the subject application will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or attended character of the general vicinity and that such uses will not change the essential character of the same area. 17. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 18. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT protection, drainage structures, refuse disposal, water, and sewer. 19. The uses proposed within the subject application will not create excessive additional requirements at public costs, for public facilities and services, and will not be detrimental to the economic welfare of the community 20. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. CONCLUSIONS OF LAW 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter I, Municipal Code of the City of Meridian. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. 4. To occupy and use real property which is designated and zoned as Old Town (OT) District within the City of Meridian for apartment and bridal shop retail uses requires approval by the Commission as provided for under the City of Meridian Zoning and Development Ordinance, 11-2-409. 5. The Commission has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding but the following standards are met (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. 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. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. Prior to granting a conditional use permit in an Old Town (OT) District, one (1) public hearing shall be conducted with notice be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for conditional use permit all in accordance with the provisions of Section 11-2-418(e) City of Meridian Zoning and Development Ordinance. 7~. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 2-418(f), City of Meridian Zoning and Development Ordinance.) 8. When the Commission approves a conditional use permit it may impose conditions of that approval that reasonably: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT a. Minimize adverse impact on other development; b. Control the sequence and timing of development; c. Control the duration of development; d. Assure that the development is maintained property; e. Designate the exact location and nature of the development; f. Require the provision for on-site public facilities or services; and g. Require more restrictive standards than those generally required, in this Ordinance. 9. Having made the afore stated Findings of Fact and Conclusions of Law, the City of Meridian Planning and Zoning Commission hereby approves the proposed application for a conditional use permit for the uses set forth hereinabove with the following conditions: a. If the applicant subsequently becomes successful in obtaining approval from the Ada County Highway District for a curb cut and access to the subject property from Pine Street that a minimum of one (1) parking space for handicap access as depicted within the plot plan attached to the subject application and dated July 22, 1998 will be maintained. b. Irregardless of whether the applicant is successful in obtaining the approval of the Ada County Highway District for a curb cut and access to the subject property from Pine Street, the applicant shall maintain a minimum of six (6) parking spaces in the north portion of the subject property as depicted within the plot plan filed with the application and dated July 22, 1998. c. All requested conditions set forth within the memorandum of Bruce Freckleton, the Assistant to the Meridian City Engineer, and Shari Stiles, the Meridian Planning and Zoning Administrator, dated August 6, 1998 be complied with. d. All comments and conditions set forth by the Meridian City Sewer FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT Department, City Police, Fire District, Ada County Highway District, Central District Health Department, and Nampa & Meridian Irrigation District must be complied with. 10. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 11. It is hereby recommended by the Meridian Planning and Zoning Commission that should be applicant meet the afore stated conditions that the requested conditional use permit for the uses set forth hereinabove be granted by the Meridian City Council to the applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions and Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER DEWEERD VOTED COMMISSIONER NELSON VOTED CHAIRMAN MALCOLM MACCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for the uses set forth within these Findings of Fact and Conclusions of Law as requested by the applicant for the property described in the application with the conditions set forth within these Findings of Fact and Conclusions of Law, and any other conditions required by the Meridian City Council. MOTION: APPROVED: 100998-Final DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW -.Page 10 CONDITIONAL USE PERMIT - JOSEPH A. JOHNSON APARTMENT AND BRIDAL SHOP RETAIL IN OT MERIDIAN PLANNING AND ZONING MEETING: September 8 1998 APPLICANT: JOSEPH A JOHNSON ITEM NUMBER: 12 REQUEST: CONDITIONAL USE PERMIT FOR AN OFFICE UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED MINUTES 08/31/98 OTHER: All Materials presented at public meetings shall become property of the City of Meridian. PLANNING AND ZONING COMMISSION SPECIAL MEETING Au ust 31 1998 The special meeting of the Meridian Planning and Zoning Commission was called to order by Malcolm MacCoy at 7:00 P.M. MEMBER PRESENT: Malcolm MacCoy, Keith Borup, Tammy De Weerd, Mark Nelson. OTHERS PRESENT: Shari Stiles, Will Berg, Bruce Freckleton, John Prior, Eric Rossman. ITEM NO. 1: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR AN OFFICE, UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY JOSEPH A. JOHNSON - 46 E. PINE: MacCoy: Is Mr. Johnson here this evening? JOSEPH A. JOHNSON, 4375 ROSEVILLE COURT, BOISE. WAS SWORN IN BY ASSISTANT CITY ATTORNEY. Prior: Sir, is there something you would like to offer us today? MacCoy: The floor is yours right now. Johnson: Thank you for the special meeting, I appreciate it. My application for rezone pretty much as stands. I made a request for two curb cuts, ACHD, I'm quite certain that they will not approve two curb cuts, I still would like to have-if they will not allow two curb cuts, to maintain one curb cut. Primary idea, is that they houses sit back on East Pine street going toward Meridian. Our set back as much, if not more than mine the next three houses, that this entryway as this area would continue I assume follow, divisions (Inaudible) and try and maintain the semblance of the town that we have and be converted to commercial. This driveway could be accessed for these other properties on down. Going from a 12 foot access off of Pine Street would require that we go to two cars so that they are double width, I think that's 16 feet. So that the cars can pass and actually gain access, not only from my property but as other conversions happen, which will through the time. Then this could be access also for the other two or three places. Again, that's in the future. We-they have requested that we curb and gutter in the front of the building. The present curbing is asphalt curb, there is no gutter. They have requested that we replace the sidewalk in front of out place. I would like to make an appeal to ACRD again and the neighborhoods program, that sidewalk itself should be completed. Hopefully not at my expense, from one end to the other. Ours is probably in as good as shape if not better than the rest of the sidewalk. If you all have ever walked on that street so the shed in the back is going to be left for storage ate antfo~ the bui ding thatlwould be a first class hopefully achieved a very fine bIERIDIAN PLANMNG AND ZONING COM1~tISSION SPECIAL MEETING AUGUST 31, 1998 PAGE 2 wedding dress shop. The people new to the area, the husband is from this area however, the wife is from the south and has attitudes to making a real first class operation and I believe that this is again keeping with visions and what we need. The parking, I do need, the parking access off the front for-because we are converting the whole first floor to ADA specifications. We're meeting and are working with (Inaudible) and Shari and everybody else in regard to being patient and holding back and not going ahead prior to. I've opened up everything, we're replacing (Inaudible) sewer, or the water, electrical and water lines, electrical and heating conditions to specifications that have been set forth by P&Z so or department regulations. MacCoy: Anything else you want to add. Johnson: I don't think so. MacCoy: Okay will you stay there a few minutes. Commissioners? Do you have any questions for the applicant. Borup: I have one Mr. Johnson, you say-we have not received any information from ACRD so I take it, have you received anything in writing from them, at this point either? Johnson: I received one initially, not granting the curb cut. I have since had an ACHD inspector that handles this area. Look at the property and he can understand my concerns too because in the front of that building, access to the building on part of Tuesday morning and then Wednesday morning when the Nazarenes have their women's meeting and also their bible study. We do have a hard time parking in front which, again this request, not only for these handicap specifications, that we do feel it kind of necessary that we are able to maintain two parking spaces in front to service clients, customers. Borup: So ACHD did not approve any access at all from... Johnson: At this point, no. I have a call into Larry, I have (Inaudible). I have not had... Borup: So he wants the existing driveway? Is there, don't you... Johnson: No, and this is the only application that has come before P&Z for a curb cut. Borup: Did they say why? Are you too close to the intersection, is that the reason? Johnson: No sir, in this regard we would be-the driveway... btERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1993 PAGE 3 Borup: You're only 150 feet. Johnson: The first lot is 60 feet, the parking lot that the Nazarene church has is 60 and this is 80 feet. This lot size is 80 feet and we would be on the west hand side, which is going to be under the 150 foot that I understood was 125. Then we would in fact, be in alignment with ACHD. Otherwise you are going to have problems parking in there for other business as they come along. Borup: I understood they were 150 feet and have to have two, probably have a hard time getting that approved, but one. Johnson: I do not disagree with you. I don't know, I-maybe Shari knows. Borup: Now are you looking at-in fact, I had a.:. Shari, staff had a couple comments on the amount of parking spaces. MacCoy: Commissioner Borup, I've just been informed that Shari is making copies for us right now for ACHD report. Borup: Oh, has there been a later report? Johnson: In the earlier report they had denied me the curb cut, I'm still trying and again will say that I've had calls into Mr. Sale. I've had calls into the local inspector Chance, I can't remember his last name... Borup: That's alright, I think we'll-I had a question for Shari on the parking. You mentioned five on office, eight on retail. Is that considering the square footage of the building and my question would be then, if it was partial office and partial retail, then would that be reallocated between that footage? Is that how that would work? Stiles: -Yes, that would be the one for 400 for the office use, and one to 200 for the retail use, depending on how they... Borup: So eight would be 100% retail. Stiles: Yes. Borup: Mr. Johnson you're looking at doing some of both retail and office. Johnson: Yes, the- Borup: ...from reality the allocation will probably be somewhere between the five and eight, which only leaves us six or seven. So it looks like you are still, do you understand you are still short on parking spaces too then? 1~RIDIAN PLANNING AND ZONING COIW~IISSION SPECIAL FETING AUGUST 31, 1993 PAGE4 Johnson: Did I understand that we were. Borup: Is that your understanding? Johnson: These people are living in the upstairs apartment. Borup: Okay, it looks like you have six indicated here now it looks like. (Inaudible) Johnson: Now, we are required to meet the ADA specifications and that door bathroom has been enlarged to make itself available. Borup: Yeah, the building department will be checking also. Johnson: Also, the parking in front, I still would like to go back to the ACRD and try and request and get approval for that curb cut, because it only makes sense for having to meet handicap specifications, then not being able to furnish parking for them. I can't do that on Pine Street, directly and these would be probably employees because of the expansion of Pine for usage. Borup: Thank you, that's all I had Mr. Chairman MacCoy: Mrs. De Weerd? De Weerd: I have none. MacCoy: Mr. Nelson? Nelson: I have no questions. MacCoy: This is an open hearing, you can sit down we'll see if anybody here has anything to add. Is there anybody from the public that would like to get up and speak either direction in his behalf, or put in a statement? If there is none, I'm going to close the public hearing. Borup: Do we need, I wouldn't mind a little bit of discussion. MacCoy: Okay, lets have a discussion commissioners. Borup: Maybe Shari may add some light on it too, but I'd have to agree with Mr. Johnson. I don't understand ACRD not allowing any access to Pine. MacCoy: I agree with you reading this material. MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL bIEET1NG AUGUST 31, 1993 PAGE ~ Borup: I mean from past experience, I know that they are not going to allow two accesses, but they didn't seem to rationalize any reason for not allowing any at all. MacCoy: No, I think he's right in... Borup: Now they are talking about adding new curb, gutter sidewalk, but not even allowing an access point. MacCoy: I think he's correct in asking for a review. Borup: Any direction on that staff? MacCoy: Shari? Stiles: Commissioners, as you know, Ada County Highway District has such restrictive requirements that it almost makes some property useless. While they are denying Mr. Johnson a right to an access for his property, they don't take into consideration the fact that there is already a illegal accesses all along that whole section. They have their policy requirements 220 feet from an intersection that is signalize and still 220 feet only allowed a right turn in, right turn out only. If they wanted a full access driveway, they would have to be 440 feet from the intersection. So their basically forcing all the access to come down the alley and they've also requested that Mr. Johnson pave the alley that is not even adjacent to his property. So, that's-they are going by their policy whether it has any common sense or logic behind it, don't know. Borup: Well that clarified my question as the 220 and the 440 it's different from a signalized intersection, so that... MacCoy: Anything else? Borup: I don't know that we are bound to require everything ACHD are we? MacCoy: No we are not. Borup: Other than, Pine is going to be a fairly major road. MacCoy: It will be. Borup: And more so in the future. I know from other uses in old town, have had to do curb, gutter, sidewalks, etc for their usage, so I don't know if I've got a concern with that. I think he needs some type of access from Pine. MacCoy: Let me ask this, Shari and Bruce? In the past history, that's not very long ago anyway, when ACHD has made requests that we feel are not fair to the NiERID[AN PLANNING AND ZONING CONI1~tISSION SPECIAL MEETING AUGUST 31, 1993 PAGE 6 applicant, have we ever written from the city standpoint to support the applicant in saying that it should be re-reviewed and supports his reviewing request? Stiles: I don't know of any recent, since I've been here, actually writing a letter to Ada Highway County District. We have I guess you could say disregarded what their comments were, but in this case, since they are required to perform work in the right of way they would have to obtain a right of way permit from Ada County Highway District. Which we would have no control over. I mean-Mr. Johnson could've gone ahead and added the driveway approaches, as other people have along the street, you know, he's trying to do things the right way and go through the process and sometimes you're penalized for doing that. MacCoy: That's my point to you. The standpoint, is there anyway we can support him in his position to say we think he is correct or right in doing what it is. The fact that he's trying to live by the .law, but the law is being exercised in such a way, that it's actually hindering the applicant? Nelson: I think that would imply that we are encouraging him to break the law, is that what you're saying? MacCoy: I would do it legally. I just think for a re-review is what I'm requesting, he's asked for a re-review as I understand it, is that right? Johnson: I've tried to, but I haven't been able to even get a return phone call. MacCoy: Well, that sounds great. Stiles: If that would be your recommendation, then I would have no problem writing a letter saying that we supported his application and ask them to consider a variance or waiver of that policy requirement. MacCoy: That's my point, Commissioner Borup, what do you think of that? Borup: Yes, I think that would be appropriate, I don't know if I'm saying the two access points, or do you feel that would be better than the single? Stiles: I guess I would like to see a different layout that showed they had some access from the alley to get back to Pine then. Because it's not going to do any good to have an access onto Pine Street if they've got it back up into it. They could make a little turn around there, but basically they would only have room for the handicap space and then have some kind of hammer head configuration so they could back out and come back out onto Pine. It seems like a big expense for one space. MERIDIAN PLANMNG AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1993 PAGE 7 Borup: Maybe I'm confused on that 40 foot measurement. Is the line there where the landscaping shrubs are, is that the sidewalk? I was mistaken on how much room there was there. Johnson: There is an 80 foot frontage onto Pine Street. Borup: Now they're going to set back from the road. Johnson: The actual setback to the sidewalk? Borup: Well you've got 40 feet. Is that setback to your property line? I assume, that was my assumption was. You are showing 40 feet from here to here, what's this line right here? Johnson: This is what we assume as the property line, this would be landscaping here, this would give us 19 feet in this area here. Borup: That's giving a 20 foot landscaping between your property and the road, is that what you're trying? Johnson: Approximately 20-21. Now this, I seriously doubt and I would like, I do need to entry wise, if I don't have one here, I would have to widen this one. Borup: Well that was my-Shari, do you, are you asking for 20 foot landscaping strip along the front of the property? Stiles: I wasn't requesting tha#, no. Borup: So this area could become parking, is what I'm wondering. Johnson: I seriously doubt it would if it did.. It would go from angular to... Borup: You probably wouldn't be able to perpendic (sic), you would probably do angular. Johnson: The reason I've (Inaudible) I seriously doubt it if I could get angular parking or that would be permitted. As Pine Street is and will be the second longest thorough (Inaudible) names as streets as Franklin. It's going to be a busy one. Borup: Thank you. Johnson: Did I answer your question? Borup: I'm not sure how we can help you at this point yet. MERIDIAN PLANMNG AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1993 PAGE 8 Johnson: To connect this to back there, I don't have real deep pockets and the more we talk about this, with what I have to comply and do the behind the Nazarene church here and what I have to do behind my property, and then to do this. In some way, I still have to apply with ADA and financially it becomes certain limits as to what I can really afford to do. Borup: Well we understand that, that's why we're trying to find out where we can help you and to what extent we can go. Johnson: I appreciate that. To widen this and do away with this, there maybe even-I doubt that an ADA handicap parking is going to be used constantly and continually. There is that access, could this be enlarged by removing a tree that is already here so that we would someway have somewhere that they could pull in and back and then around. Borup: That's what it may need to be. Turn around space. Johnson: To go back clear back here... Borup: Remove more trees. Johnson: Big ones, Catalpas. Borup: Thank you. Mr. Chairman, we'd like staff to write us a support letter and then where do we go from here? MacCoy: Okay, what do you want the support letter to say? Borup: At this point, I guess I would say access to Pine and whatever, probably one access, I don't know, whatever they feel justified, they are the experts in that. Some access to Pine, if they would rather...One way in and out, or one large. Whatever they feel would be most appropriate. MacCoy: Well, you could state in the letter the OR's this, this, this, and they could select one, that way you're asking them for something. Is that what you are after? Borup: I think so. MacCoy: Shari, does that sound logical? Borup: I mean we are kind of caught between. Stiles: Sure. MacCoy: Follow what he's saying? MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1998 PAGE 9 Stiles: You want me to send a letter to Ada County Highway District supporting one access to Pine so they've got some kind of driveway access to Pine. Borup: Yes, whether it's one 30 foot or the two 12. Stiles: Okay. MacCoy: Okay, do you want to make a motion to that now that's what you want? Borup: I'd still move on the letter. I'm not sure where do we proceed from here. MacCoy: Well, we need a second on that first. De Weerd: You need a motion on that letter? Prior: No you don't. Borup: On the letter? MacCoy: You don't? We have in the past, so I (Inaudible). Borup: We need a motion to proceed if we are going to go to findings or whatever. Nelson: Before we do that, are we doing this side a disservice if they do get access to Pine but it's-it doesn't really work, and... Borup: Can't comply with the rest of the requirements, I think that's something the applicant to see what they can work out. Something's don't always work. Mr. Chairman, I have a question for our attorney. Mr. Prior, is there enough information hereto prepare findings? Prior: I haven't heard a motion to prepare findings. Borup: Well no, I'm saying if we did. Prior: I think what you're asking is, you're asking Shari to send a letter to ACRD to request that they reconsider their access off Pine Avenue. If they don't grant that, you folks are really, he can't put a road on that right-of--way. That's ACHD's right-of-way. You can't ask him-you can approve a conditional use permit, you just can't have access on Pine. That's really where he's at. Borup: We could still approve the conditional use permit and then whatever could be worked out with ACRD. MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL MEETING AUGUST 31, 1993 PAGE l0 Prior: Subject to ACHD. Borup: Which we don't have any control over. Where they've got the... Prior: That's right, that's the dilemma you're in. Borup: That might be the only way we could pursue then. Nelson: If he doesn't get ACHD approval of what he needs, then can he meet the parking requirements? Prior: That's your determination. Borup: Not the way the site's developed now. Nelson: Then we would have to see it again. De Weerd: So if the motion was conditioned on ACHD's reconsideration... Borup: We can approve the use can't we? He's not going to be able t o use it if he can't get ACHD's approval. Nelson: So we are proving basically the use and not the site plan itself. I can do that. Prior: So you are approving the conditional use permit and even though he doesn't meet the conditions of the conditional use permit is what you are telling me. Nelson: Doesn't sound good to me. Borup: Which conditions does he not meet? Prior: The parking conditions. So what are we doing here? Borup: At this point, I don't know if we can determine whether it meets the parking use, because we're not sure of the use of the building. Prior: Then maybe what you need to do is close the public hearing, table this until he gets a satisfactory response from ACHD and move along, we've got a lot of folks here that seem to be looking impatient. Johnson: I have two things, that I-if I could speak one more time, then I would be... MacCoy: Go ahead, (Inaudible). IVtERID[AN PLANNING AND ZONING COIVt1VtISSION SPECIAL MEETING AUGUST 31, 1993 PAGE l l Johnson: The building in the back, if nothing more, there are two garages back there that would accommodate two cars, which would bring us to six in this building back here. There are two garages and still workspace that would then comply with-I mean those doors, there presently. The other thing, this could be brought in up to five feet of the building, then we could put in angular parking in the back, which would allow according to measurement and this could be redrawn. The only problem is, these people want to get their into the yellow pages because they close the 1st of October, they've ordered merchandise. This driveway could come forward, or this rear parking could even come forward and we could add at least two more parking places there and still with the two in the garage. With six I believe that we qualify for the residential and the downstairs as commercial. Was that my understanding that six? Borup: It would have to be recalculated, that would be something more than five. Somewhere between five and eight. Johnson: There is two here in the garage, there are four here and then with the ADA access which is pending, we would even have two more. There is even parking parallel in front of this during the day, off the alley, without extending past the telephone poles. Borup: Mr. Chairman, is this something that would need to be worked out with staff as far as the parking. MacCoy: I think that's a good point. I would say so. Prior: Mr. Chairman what you're looking at is another situation where you are going to have a plan that you don't know what you're passing on. I think we've been through this, this sounds familiar to me. MacCoy: I don't want to pass it on till we get something worked out. We are not going to work at the head of the top of the desk right now. Johnson: That is an existing garage, two car garage. Old type. I believe that totaled six. MacCoy: John, we could make it so that we approve the document with the conditions that he meet with the staff and they work out a parking situation that meets the code. Prior: It's up to you chairman, I just seem to recall that we had this issue come up with Steiner Development and I remember the results of that. MacCoy: (Inaudible) forward until we have the correct item which is correct as far as the law ordinance code goes. MERIDIAN PLANNING AND ZONING COMhIISSION SPECIAL MEETING AUGUST 3 1, 1998 PAGE 12 Prior: So you're going to review it again or are you just going to rely on staff to pass it along, I guess. I just want to remind you about what occurred earlier. Borup: I would like to see it in writing and our next meeting is just a few weeks away. MacCoy: Well that's the September Stn, which is a week away. Is that right? That's next Tuesday. Borup: I have enough confidence in staff, I don't have concerns there. MacCoy: I agree with you on that. It's up to you as commissioners, how you feel collectively, do you want to table it, do you want to pass it on with staff with the condition that staff do the final piece for us? Borup: There isn't the only-there is not another public hearing at City Council. They do need to vote on them. (Inaudible) De Weerd: Is next week too soon to address this again? MacCoy: I don't think so, it's just a matter of timing to get this material done with the staff. Shari, Bruce is it too close for something like that for next week? We're in a special condition here right now. Stiles: Commissioners, I think what you are looking at is the applicant loosing another month waiting for Findings of Fact and Conclusions of Law. I don't know if there is any way that you could incorporate into the findings that if the accesses are not approved by the Ada County Highway District in the front, that the-if it's going to be an apartment upstairs they need the two for that, those could be the garage. They would need an additional five and that, even if it involved maybe taking down part of that garage to accommodate the required off street parking spaces, I don't know if that's something you are interested in or... MacCoy: Commissioner Borup? Borup: We've had findings prepared in advance before. I think we can still have findings prepared and then do that next time or whether we will accept them or amend them. What would need to take place. Prior: Just as an issue, chairman, you're not going to have findings on these things on September Stn MacCoy: That's what I was going to ask you next bIERIDIAN PLANNING AND ZONING COMMISSION SPECIAL 1~ETING AUGUST 31, 1993 PAGE 13 Prior: That's not going to happen. MacCoy: Not with the present situation we've got. Prior: No, you're not going to get findings, so Shari's statement that you will loose another month, well that's not completely accurate. This gentleman could probably resubmit a drawing on September 8~' to you folks to look at. You could approve that drawing and you're going to get the findings at the same time at the October meeting by the new law firm. So, you are not loosing any time whatsoever, all he has to do is make sure that the drawing reflects what you folks require him to do. It'll move along as if it would move along in the first instance. Then we can move on to the next item on the agenda. MacCoy: You want to just table it then from the standpoint of it being pushed to the September 8~' meeting? Prior: Are you asking me? De Weerd: No, he's not. MacCoy: I'm asking actually my Commissioner Borup down there. Borup: Oh me, yes, Iwould-whatever would get the-at this point it's time to move on. MacCoy: I agree. I'm waiting for a direction to go. Borup: Well, if there is no chance of getting any findings by our next meeting, then yes, it's not going to make any difference in the overall time frame for that so, I would just table that. De Weerd: You would make a motion to continue the public hearing until our September 8~' meeting. Borup: I'd second that. De Weerd: That was my motion. Borup: I second that. MOTION CARRIED: All ayes. Prior: Maybe just a clarification for Mr. Johnson so he knows exactly what he expects you to do for them, or he expects, might be appropriate. MERIDIAN PLANNING AND ZONING COMMISSION SPECIAL b1EETING AUGUST 31, 1993 PAGE l4 Nelson: I think what we are asking sir, is that if you could give a plan of the alternative of if ACRD doesn't deal with us, what it's going to take on that backside. (Inaudible) Johnson: Thank you, I'll comply with what you're asking, then I'll take the rest up with Shari at a later date. ITEM NO. 2: PUBLIC HEARING: REQUEST FOR PRELIMINARY AND FINAL PLAT FOR PROPOSED FIRST MERIDIAN PLAZA BY WILD SHAMROCK PARTNERSHIP -SOUTH OF GEM AVENUE BETWEEN MERIDIAN ROAD AND E. 1sT: MacCoy: Is the applicant is here for that? Yes sir, come speak to the attorney. BRIAN IVERSON, 1299 NORTH ORCHARD SUITE 301, BOISE, ID. WAS SWORN IN BY THE ASSISTANT CITY ATTORNEY. Iverson: I suppose that most of you are familiar with the development that has taken place on the property, there is Godfathers pizza and Blimpies and the latest one is the Rockets Restaurant and the developer at this time is planning to plat the property and the four parcels and-so in the future he can sell those parcels off if he chooses. We have read the staff comments and have no problems except with two of them on site specific comments, submit a detailed landscaping plan, including size of species, vegetation, details, walkways, for approval part of final plat signature and letter of credit before the improvements, landscaping to be completed prior to obtaining certificates of occupancy. We don't think this is-and the applicant has written a letter to staff that this item isn't really applicable to this type of subdivision. This part of the process, the subdivision process. The two buildings that have been constructed down there, that was all handled during the building permit process and I see no reason why that couldn't continue, that it has to be a condition to plat approval. The other item to take issue with is (Inaudible) is the copy of proposed restrictive covenants item ten. No restrictive covenants or plan for this .development. It's-the intention is not to have an owners association, it's only a four (Inaudible) plat and any-city ordinances and building codes pretty well take care of any restrictions they require. That's some of my comments. MacCoy: Okay, commissioners? Borup: I have a couple questions Mr. Chairman. Item three, have you made the corrections on that? Indicating a lateral easement? Iverson: Yes I have. I've been trying to submit that, but... oc~n~ SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary i, . . , ~ ~ : RED 0 CT 1 5 1998 cI~ ~,~ ~Hin1Ar1 PLAN1~lING & ZONING October 13, 1998 T0: Joseph Johnson 46 East Pine Avenue Meridian, ID 83642 ~A ~1i1+, /!/~~Ur FROM: Karen Gallagher, Coordinator Planning & Development SUBJECT: MCU-21-98 46 East Pine Avenue Your appeal for the above referenced project was acted on by the Commissioner of the Ada County Highway District on October 7, 1998. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 387-6170. KG cc: Project file Lead agency ada county highway district 318 East 37th • Boise, Idaho 83714-6418 Phone (208) 387-6100 • FAX (208) 345-7650 • E-mail; tellus®achd.ada.id.us oc~n~ SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUGER, Secretary October 7, 1998 Joseph Johnson 46 East Pine Avenue Meridian, Idaho 83642 Re: Appeal to Commission of Staff Level Approval MCU-21-98 46 East Pine Avenue Office/apartment/retail use Facts and Findings: A. The Ada County Highway District (ACRD) staff has received the above referenced application requesting conditional use approval to convert an existing single family dwelling into an office, apartment and possible retail use. The 0.22-acre site is located on the north side of Pine Avenue, approximately 120-feet west of East 1st Street. This development is estimated to generate 20 additional (40 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by Meridian City on July 23, 1998, and submitted to the District on July 24, 1998, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. The following requirements are provided as conditions for approval: Site Specific Requirements: 1. Replace damaged sidewalk on Pine Avenue with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 2. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. 3. Pave the alley 16-foot wide, or as wide as obstructions allow, abutting the site. ada county highway district 318 East 37th • Boise, Idaho 83714-6418 ph~nA r~nR~ .~R~-,inn .Fax r~nAl ~dS-7hr,(1 • E-mail: tellusC~?achd.ada.id.us representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Submitted bv' Date of Commission Action: Karen Gallaher cc: Project file Lead agency October 7 1998 MCU2(98.BK Page 3 .,: v - ~~ ~r1 -- -- - - ~ ~ -- ---- , Je 9--i .L_. _ I I - , - - - - - - - - -- - -- -• -~ I -1 I ~~ -- _ . •- 1• -- )o• 1 r vc BAD~~YJR~ M R/D/~~ - .. J~IN(~ AS~fJ. ~ ~•~ 7 1998 v > - - --~ - R G ~- I '. ~ ~ ~ . ' i - 22J.: 5_ /n ~221.~f - •~ •_(o E' F•- -- ..j.-._~ I ~~'~~ ~ ~ ~/• r l ~I' -•~ I 3 2 -t G ` `~ -z9- re~ - 1- - I ' ~-•- --- CN ~ 1 ~ ' f~ I. 1 ' ~ _I-1 J L J L-I ~ l~ ~_ L ~ •$ WASI'+iNGroN Sr.°s -~ _.... • .. __ '-'•- ~/~p- -I- T -I I ~ I 1 I T I 1 9 j ~ a I I I I I I I I I• ~ l11 S T S t ~ ~E '~ I ^ •~ ' I ~ i I I AVE. ~ -o CAR~T~N ° O s u ~ ems' ~ i sO b 4 ~~~ 7 !21 ~ 1 1 1 ~ INl .~ l I ~ 1 .. __ _. y~I_; L.. ~ ~-~ t - ~; r-- I • '~ ( I T '~~ ~~' 3 r C 6 ~ v1 I ;: I ~ I ' " .•$ S TA TC - T • ~ I~ - ~r T i ~ ~~ 3 ! I ~' G I ~ 1 6 ~ I ° (~ a°• 6a -- ,. e~ --r-r- I eo. 2s ~' go' e I~~^ I i0 . ,l o I ; DI r l ! o h J~ I OI ,. O~ I I i~ a ~• - D F ~ ioAHo ~ R A vE. o ~ s: ~ ~ ~ ~ ~ eo' i o B R o ,9 D vd ~9 Y ~ ._ !9 /E. A ,~ ~ i ~ a I I ~ a~ ~., I , I ~!' ,-1 1 dry k I ~ 9 1 •~~' - i~ ~ ~ i I I ~"I . ~~ M ~, ---~ I'2f ~ 17 ~~~ ~~ ~~ir- soh ~E+ CEI~~ AUG 1 ~ 1998 CITY OF 12ERIDIAIej I'~~'ING & ZOiVI1vG August 27, 1998 Joseph Johnson 46 East Pine Avenue Meridian, Idaho 83642 Re: Staff Level Approval MCU-21-98 46 East Pine Avenue Office/apartment/retail use Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting conditional use approval to convert an_existing single family dwelling into an office, apartment and possible retail use. The 0.22-acre site is located on the north side of Pine Avenue, approximately 120-feet west of East 1st Street. This development is estimated to generate 20 additional (40 total) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan stamped as received by Meridian City on July 23, 1998, and submitted to the District on July 24, 1.9.98, have been reviewed by the ACHD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval- and will not be heard by the ACRD Commission unless the site plan is changed in such a manner,as to not conform with District standards/policy or an appeal of the Development Services staff decision is submitted as described within the Standard Requirements outlined below. The following requirements are provided as conditions for approval: Site Specific Requirements: Replace damaged curb, gutter and/or sidewalk on Pine Avenue with new curb, gutter and/or concrete. sidewalk to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 2. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file number) for details. interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Conclusion of Law: 1: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACRD Planning and Development staff at 387-6170. Sincerely, Larry Sale Planning and Development Supervisor cc: Project file Lead agency MCU2198.BK Page 3 .~ ~ .. ~,O-,OI'~~I ~3~'7~S ao .~inr r.~ ~lca ~>~~ ~1~I~c~ ~ ~~%' I ~o I 1NC'W~rJ~~W 30r '.l5 ?~~ 133HS .IdMJ.3llN ., ~I ~~~~ r I. ~ I I .I: :I I I L I ` .:~. -A , . ~ 1 I. I :... :: ' . I I • • I I . .. • •.. .. ~A~ .. : ~ ~ ' P ~ ; I i :; .. : .. ' %~ I .I~... L'. . .:I ' : I: I :. .. .. I ~ I I I I ~~o Y , a X I~ _ o u ~ ~ ~W° I s W u1.0 _ N ,~, a o I 't~ I Wm" "' w w WWm oo~ ~ z~ ,~ „~ W Wz° ~ ~ Z ¢ j ~ °r a 3 oa U d I i /~ o ~~~ ~ ~ ~^ > r . j u 7 Nou w~1m~ in73~z' '4 a ~ V'. ~ ..' F-OU~O U70 ~ ~~ w+lOQtl O I _. _. I ____._ ... _._____~ Q I ~FjT + + ~ a1Yt i ¢ } + U~~+ + +~ Z ~i~+ + + I I =V/Q~~ + + +~ ~ T YY~n.i~ + + + + + I ~a~ + + ~ I++++/o~ ++++++I ' - HOaOd 1NOLi~ I+ + ~i + + ,1 Z~ + + + + + I ~+ + ~ ~ + + -{= T a~ + + --r~ ~ ~ + + + ~- _ + + _ -rT-rTT-r zJ+ + + + + + + + + + + + + + + + + + + + + + + + + + + + 1'++++++++++++~,+++++}+++++t++++++++++++++++++++++++++++++I I + + + + + + + + + + + + + + + + + + + + + + + + + + + +I r+ + + + + + + + + + + + +++++++++++++++++++++++++++++++, +++r+++++++++++++++++++++++++++++++++++++++++++++++++++{ ~+ + + + + + + + + + + + + + + + + '+ + + + + + + + + + +I I+ + + + + + + + + + + + + + + + + + + + + + + + + + + +I + + + + +~ %~ `~ ~ + + + +L + +~ + +I + + + + L + + + + +I I t E + + + + I I+ + + + + I + + + + +I I + + + + ~ f + + + + I ~ I S I ,Z l ,9~i .z ~ I ~~ ,08 ~--, 1S 3NId „6-,S ~,. '., MERIDIAN PLANNING & ZONING COMMISSION MEETING: AUGUST 1 1 1998 APPLICANT: JOSEPH A. JOHNSON AGENDA ITEM NUMBER: 17 REQUEST: CONDITIONAL USE PERMIT FOR AN OFFICE UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS REVIEWED 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: SEE ATTACHED COMMENTS SEE ATTACHED-COMMENTS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT , , B CITY OF MERIDIAN W UBLIC RK Council Members P O S CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (2os> 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD ~ .LJ ~~~~~~ DEPARTMENT (208) 88d-5533 AUG 0 g 1998 MEMORANDUM: ~Irt"',' ~~' i~IERIDIAN August 6, 1998 To: Planning & Zoning Commission/Mayor & Council From: Bruce Freckleton, Assistant to City Enginee Shari Stiles, P&Z Administrator Re: Request for Conditional Use Permit for anOffice/Upstairs Apartment/Possible Retail Use at 46 E. Pine Avenue by Jay Johnson We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. The property is located in Old Town, which requires a conditional use permit for most uses. The application was submitted for various uses to allow the applicant flexibility to attract potential tenants. The site is adjacent to a parking lot on the east and a residence on the west. 2. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. All parking is to be paved and striped. If Ada County Highway District does not approve the curb cuts on Pine Street, all parking will need to be in the rear of the property. A minimum of one (1) van accessible handicap space is to be provided with appropriate signage. A total of five (5) ofF street parking spaces would be required for office/apartment use; eight (8) spaces would be required for retail use. 3. Applicant is to maintain a minimum four-foot planting strip adjacent to residential use. 4. All construction is to meet the requirements of all Uniform Codes (Building, Fire, etc.) and the Americans with Disabilities Act. The building needs to be brought up to code for fire and life safety requirements and must meet handicapped accessibility standards because of the change in use. JJohnson.CUP P&Z Commission/Mayor & Council August 6, 1998 Page 2 5. Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 6. Zoning Certificate and Certificate of Occupancy are required prior to occupancy. 7. No signage has been proposed, and none is approved with this application. All signage will require separate permits and will be subject to design review. 8 . If existing vegetation is to be removed, a minimum of one (1) three-inch (3 ") caliper tree shall be provided for each 1,500 square feet of asphalt. 9. The Applicant is to provide a screened trash enclosure in accordance with City Ordinance. 10. The Conditional Use Permit shall be subject to review upon notice to the applicant. 7Johnson.CLIP HUB OF TREASURE VALLEY Mayor ROBERT D CORRIE A Good Place to Live LEGAL DEPARTMENT . , , (_OS) 88-1-~i_6-F Council Membe s CITY OF MERIDIAN r PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEP.4RTb1ENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (20s> s87 ~~ ~ I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-481 PLANNING AND ZONING KEITH BIRD ~~I~jD DEPARTMENT (208) 881-5533 J U L 2 4 1998 ~T`~~' ~ ~F MERIDIAN 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: August 4. 1998 TRANSMITTAL DATE: July 23, 1998 HEARING DATE: August 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR AN OFFICE, UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY: JOSEPH A. JOHNSON LOCATION OF PROPERTY OR PROJECT: 46 E. PINE AVENUE TAMMY DE WEERD, 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 ATTORN EY _CITY ENGINEER _CITY PLANNER 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 & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC ION(PRELIM & FINAL YOUR CONCISE REMARKS: ~~ r'~~~ J U L 2 4 1998 ~~.~ Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTtiIENT Council Membere CITY OF MERIDIAN c~ox~ sx-~-a~b-~ PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO ~ BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83 c~ox> ss~-321 I RON ANDERSON Phone (208) 888-1.133 • Fax (2~=4tS~~D PLANNING AND ZONING KEITH BIRD DEPARTMENT J U L 2 8 1998 czox> xx.~_ssz~ 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: August 4, 1998 TRANSMITTAL DATE: July 23, 1998 HEARING DATE: August 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR AN OFFICE UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY: JOSEPH A._ JOHNSON LOCATION OF PROPERTY OR PROJECT: 46 E. PINE AVENUE TAMMY DE WEERD, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION -KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH -ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT -CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) -KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -,WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT Y ' 2 ' ~ U OUR CONCISE REMARKS: / p / -POLICE DEPARTMENT CITY ATTORNEY (~ d S ~ ~ ,per -CITY ENGINEER -CITY PLANNER ~ f?7 ~ -~-h~ L,Cn ~ ,Q ~ ,p c ~ , ~ - / ~ CITY FILES - 1 - /V O -~ y`Du n' CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division RECEI~D ~1"HEALTH DEPARTMENT ~ U L ~ 9 '~98 Rezone # CITY OF MERIDIAN Conditional Use # r~~i~<<~~ ~/',aST7~.-~;~,s- ~~,~-~ ~~~N f Preliminary /Final /Short Plat /~ c~S~pl, /'T ohN~o~ Return to: ^ Boise ^ Eagle ^ Garden City ~~'leridian ^ Kuna ^ Acz I • We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4• We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ 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 the 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 ~ ~j ~/ ^ 14. Date: ~/ ~// / O Reviewed By~ CDHD ID/91 rtb, rer. 7197 Review Sheet BEFORE THE MERIDIAN CITY COUNCIL ~~ENE~ FEB 0 ~ 1999 c~~ of ~:~~~~~DIA~T PLANNIltiG d~ ~~~~G IN THE MATTER OF THE APPLICATION ) OF JOSEPH A. JOHNSON, APPLICATION )ORDER OF APPROVAL OF FOR CONDITIONAL USE FOR AN OFFICE, )CONDITIONAL USE PERMIT UPSTAIRS APARTMENT AND RETAIL, 46 E. ) PINE, MERIDIAN, IDAHO ) This matter coming before the City Council without public hearing under the provisions of § 11-2-418 E Municipal Code of the City of Meridian for final action on conditional use permit application and the Council having. received and approving the recommendation of the Planning and Zoning Commission the Council takes the following action: A Conditional Use Permit is herein granted to Joseph A. Johnson for the subject property to be used as an apartment on the upper level of the property, and for an office and for retail purposes on the main level of the structure for the operation of a bridal shop, upon the real property described in Exhibit "A" attached hereto and located at 46 E. Pine, Meridian, Idaho. This permit is subject to the following terms and conditions: 1) If the applicant subsequently becomes successful in obtaining approval from the Ada County Highway District for a curb cut and access to the subject property from Pine Street that a minimum of one (1) parking space for handicap access as depicted within the plot plan attached to the subject application and dated July 22, 1998 will be maintained. 2) Regardless of whether or not the applicant is successful in obtaining the approval of the Ada County Highway District for a curb cut and access to the subject property from Pine Street, the applicant shall maintain a minimum of ORDER OF APPROVAL OF 1 CONDITIONAL USE PERMIT /JOSEPH A. JOHNSON six (6) parking spaces in the north portion of the subject property as depicted within the plot plan filed with the application and dated July 22, 1998. 3) The property is located in Old Town, which requires a conditional use permit for most uses. The application was submitted for various uses to allow the applicant flexibility to attract potential tenants. The site is adjacent to a parking lot on the east and a residence on the west. 4) Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. All parking is to be paved and striped. If Ada County Highway District does not approve the curb cuts on Pine Street, all parking will need to be in the rear of the property. A minimum of one (1) van accessible handicap space is to be provided with appropriate signage. A total of five (5) off-street parking spaces would be required for office/apartment use; eight (8) spaces would be required for retail use. 5) Applicant is to maintain a minimum four-foot planting strip adjacent to residential use. 6) All construction is to meet the requirements of all Uniform Codes (Building, Fire, etc.) and the Americans with Disabilities Act. The building needs to be brought up to code for fire and life safety requirements and must meet handicapped accessibility standards because of the change in use. 7) Sanitary sewer and water to this facility would be via existing service lines. Plans for sewer and water service will be reviewed to see if the additional load would justify additional assessments. Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to operation. 8) Zoning Certificate and Certificate of Occupancy are required prior to occupancy. 9) No signage has been proposed, and none is approved with this application. All signage will require separate permits and will be subject to design review. 10) If existing vegetation is to be removed, a minimum of one (1) three-inch (3") caliper tree shall be provided for each 1,500 square feet of asphalt. 11) The Applicant is to provide a screened trash enclosure in accordance with City Ordinance. ORDER OF APPROVAL OF CONDITIONAL USE PERMIT /JOSEPH A. JOHNSON 12) The Conditional Use Permit shall be subject to review upon notice to the applicant. 13) The Meridian City Sewer Department commented that the retail use may require pretreatment, depending upon the nature of the business. 14) The Meridian Fire Chief, Kenny Bowers, requires that all codes be met. The upstairs will need direct access to outside and to the ground. 15) The Central District Health Department's only comment was that after written approval from the appropriate entities are submitted, they can approve the proposal for central sewage and central water. No objections to the proposal. 16) The Nampa & Meridian Irrigation District notes that the Hunter Lateral courses along the south boundary of the project. The right-of--way of the Hunter Lateral is 40 feet; 20 feet from the center each way. 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. 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. 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. 17) The Ada County Highway District (ACRD) require the following conditions for approval: SITE SPECIFIC REQUIREMENTS: a) Replace damaged sidewalk on Pine Avenue with new curb, gutter and/or concrete sidewalk to match existing improvements. Segments to be replaced shall be determined by ACRD Construction Services Staff. b) Utility street cuts in the new pavement are not allowed unless .approved in writing by the District. ORDER OF APPROVAL OF CONDITIONAL USE PERMIT /JOSEPH A. JOHNSON c) Pave the alley 16' wide, or as wide as obstructions allow, abutting the site. d) Construct one 16-20-foot wide driveway on Pine Avenue located approximately 5-feet west of the east property line to access a single handicap parking space with an on-site turnaround. The driveway shall be paved a minimum of 20-feet beyond the edge of pavement on Pine Avenue. Coordinate the exact location and design of the driveway with District staff. e) As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. STANDARD REQUIREMENTS: a) After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall s ecifically identi each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. b) Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. c) All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPW Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. d) 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. ORDER OF APPROVAL OF a CONDITIONAL USE PERMIT / JOSEPH A. JOHNSON e) 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. f) Any change by the applicant in the planned use of the property which is the subject of the application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject ,property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. g) No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on October 20, 1998. By: ` OB T D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Works Departure t. By: ~ ^ Dated: ~~~~~~~ ity Clerk t~tt,,-,.,,.==rl/,,,, .I.i ~~ /~ ORDER OF APPROVAL OF ?~ CONDITIONAL USE PERMIT /JOSEPH A. JOHNSON z $~ r 7 ~''~1IINi06 tt illlttt\`\` 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 (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-533 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: August 4, 1998 TRANSMITTAL DATE: July 23, 1998 HEARING DATE: August 11, 1998 REQUEST: CONDITIONAL USE PERMIT FOR AN OFFICE, UPSTAIRS APARTMENT AND POSSIBLY RETAIL USE BY: JOSEPH A. JOHNSON LOCATION OF PROPERTY OR PROJECT: 46 E. PINE AVENUE TAMMY DE WEERD, 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 _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 & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL YOUR CONCISE REMARKS: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT ~uu- SZ O ~ 0 g v .. ~ OK ~l 5S r e GENERAL LOCATION: ~ ~'+ i'~ o Y e M ~. 6G l o s s ~~ C ~~ ~ DESCRIPTION OF PROPOSED CONDITIONAL USE: P~+-k t ~ t-~~ ti. 1 `, Q ~• 4 G o w el i~ 1 p r~ 1 w- e1 ~~ L c~ 1- 1 y e-1 ZONING CLASSIFICATION: d ~ ~C l ,tom ~ ~-p ~ ,~j-~ l ~o s s r ~ 1 C `~~ ~~~/ Q trfi o 1 I oerafy that the information contained harem is true and cornett. S' of licant Social urity N S t ~ - 3 4~ 11 ? h ~ LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission w~l 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 looted at _, SUBDMSION, BLOCK ,LOT TO An applicationfor a conditional use permit shall be filed with the administrator by the owner of the property for which such conditional use is proposed. At a minimum, the application shall contain the following information: 1. Name, address and phone number of applicant. Joseph A. Johnson, 4375 Rose Hill Ct., Boise, ID, 83705 202-344-8060 2. Name, address and phone number of owner of subject property. Same as above. 3: Legal description of property. Lot 9, exc. W.20' Lots 10 and 11 block 1 Meridian, F.A. first add. #8807482, M1388001010A 4. Proof of ownership of subject property (warranty deed) and notarized consent of property owner. See attached. 5. Description of existing use. Residential. 6. Present use of subject property. Same as above. 7. Proposed use of the subject property. Office - w,~~ ~®~°a~f,'~/ G~~fi••e~~ o.~ ~~~e>- ~ovr- ~SS~{~l~ /'~f~~~ G<.SP, 8. The District (present zoning) that pertains to the subject property. Residential - D/d Toc-~r+ - 9. Thirty (30)n copies of a vicinity map of a scale of one inch equals three hundred feet (1"=300'). See attached. '' 10. A plan (with a scale of not less than 1"=50') of the proposed site for the conditional use showing the location of all buildings parking and loading areas, traffic access and traffic circulation, open spaces landscaping, refuse and service areas, elevations and list of construction materials for all buildings. See attached. -11. A list of the mailing address of all property owners with three hundred feet (300') of the external boundaries of the land being considered. This list can be obtained from the city of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. See attached. 12. Characteristics of subject property that make a conditional use desirable. Limited parking, good location, area is, or will become, commercial in near future, in keeping with the Old Town direction to upgrade to commercial and maintain integrity of older homes in the area. -13. A fee established by the Council; $275 + $1.67 each for certified mailings for each property owner within the 300 feet =Total Fee. See attached. 14. A statement that the applicant or user of the property agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. See attached. 15. The application shall be verified by the applicant who shall state that he has read the contents therof and verifies that the information contained therein is true and correct. See end of form. 16. The property will be posted one (1) week before the hearing stating they have applied or a conditional Use Permit or Zoning. The must be a signed affidavit that this will be done as part of the application. See end of form. Statement for #14. I Joseph A. Johnson will pay, or will see that it is paid, the asso ' ted fees for any additional sewer, water or trash fees that may be pertaining to roposed pr a `,, Joseiah A. Statement for #15. ~ I Joseph A. Johnson hereby state that 1 information contained herein is correct and true to the best of my knowledge this ------ day of ------- 1 9 . J eph A. hnson Statement for #16. I Joseph A. Johnson hereby state t tit shall be posted o (1) k prior to the hearing that I have applied for a Conditional Use Pe 't r Zoning. r_._.'1 , ~ ~I, 9 ~ :4.' 1~ v I .. ,.. w ..p:, ,.:tE':,ORC~R A Pioneer Com an .~ ~ ~ I f ` ~ ~ ' P r ~. u...... „~:V.~~,RO PIONEER TITLE COMPANY 3 0; g E l t0 OF ADA COUNTY p1t.)lvkitH TITLE ~ ~ 821 West State Street / Boise, Idaho 83702-5836 / Tele hone (2 33 7 ~ '9~ CCT ~~ ~I~I °~ SEE 3.0'9 G~ ~~~ ECOri:;cL ..~ I ' rt%uUES OF P-161435 SH/CTL READ AND APPROVRD ~ac~~ 1 WARRANTY DEED (INDNIDUAL) FOR VALUE RECEIVED THAINE L. MITCHELL AND BETTY L. MITCHELL, HUSBAND AND WIFE Grantors , do hereby grant, bazgain, sell and convey unto J . A. JOHNSON, II , AN UNMARRIED MAN the Grantee ,whose current address is: 46 EAST PINE AVENUE, MERIDIAN, ID 83642 the following described real property in ADA County, State of Idaho, more particulary described as follows, to-wit: EAST 20 FEET OF LOT 9 AND ALL OF LOTS 10 AND 11, IN BLOCK 1 OF F.A. NOURSE'S FIRST ADDITION TO MERIDIAN, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 2 OF PLATS AT PAGE 53, RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee ,and Grantee heirs and assigns forever. And the said Grantor ~o hereby covenant to and with the said Grantee ,the Grantor s are the owner sin fee simple of said premises; that said premises aze free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee ;and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, (if any) for the current yeaz, which aze not yet due and payable, and that Grantor s will warrant and defend the same from all lawful claims whatsoever. Dated: October 21, 1997 INE L. MITCHELL BETTY MITCH LL STATE OF IDAHO ,County of ADA , ss. On this ~_day of October , in the yeaz of 1997 ,before me SHERRI HART a notary public, per- sonally appeazed a known or identified to me ~` t ~ se name ~ subscribed to the within instrument, and acknowledged to me that : ' execute$ a sa~je. T~OT'4R }, ~ • _ • ik ~ • m L ~ ~iotary Public: !' U B L~ o ~~Residing at: ,~~~~~~9 •••••••e••• q,`ZOP~,, M}+ Commission Expires: x/14/2001 '•.. TE n F 1~ .. ` ,J~ A 1 ~1 - D, _~ .. i _ IQ.p ~. _- __ -- ._ a'' . i !!~ ,, ~J I e ~ - -_-1 ,_ I -~-..~; l ~ .f -i.1- ~,---- ~ : zti _~ I; ` I ~ ; `" ~ 221.:5_ ~Q~228.!6 i ~, ' -3- ;I C ~ ' ~ ~ ~ ( , n ~4f~- .- _19_~.~ 9 , /Oi // ~ R/D/ lI SO l l e III _. .. _ ._ .. -ZG- ___ I •------ -----~ GAUaER.°rgv~ - -.2l- `I -- ~ 1 1 - - ----- 3' -- -iSB' . - ` ----, ~~ i3 W I ; ,~,ADA p4A NdN(~ ASSN ~~•, - - _ _~ . .s .. _ t ' ---J Z3A- ~ I /9- /s ~ • :J~ll ~7 1998 J BADL~CY~.tiV c.a „` --- - -. 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A a • h ° - ~ o' I - -_ - Li ~I , ~, ~ .p Ip I 'o' i. I i !~ ~ L_-_ -i.- --- ----- 8' ~I Po, I - `J ? -J P~ 8- -~- ~ ~ ~~ gEcE~D AUG 1 0 1998 CITY 0~ N~~IDIAN ~" . ~~ . ~ . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 ossible retail use for Conditional Use Permit for an office, upstairs apartment and p RE: Joseph A. Johnson Dear Commissioners: n Irri anon District's Hunter Lateral courses0aeetg om thetcente ~ach The Nampa & Merldla g the roject. The right-of--way °.f the Hunter Lateral is 40 feet, 2 .f °f p _1208--RIGHTS-OF-WAY NOT SUBJECT TO ~6 RoEa~~roval bef e N,ay, Idaho Code 42 The developer must contact John P. Andersonoo Bsll Henson at 466 arty encroachment or change of right-of--way eridian Irrigation District requires a Land tU alsCand g~'astee use °~mebe The Nampa & M rior to final platting. All la led or review p an su ace drainage application be fi f lam, Contact ected. All municipal surface drainage must Dist ct mus~ review drainage p prot a & Meridian Irrlgation leaves the site, the Namp rther information. Donna Moore at 466-7861 for fu t com l with Idaho Code 31-3805. It is recom a ~p~gaaon District. water The developer mus p y ments wathin the Nampa & Me be made available to all develop Sincerely, /~~~~'~ Bill Henson, Asst. Water Superintendent NANIPA & MERIDIAN I~tIGATION DISTRICT BH: dln cc: File -Shop File - pace Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 4 August 1998 Joseph A. Johnson 46 E. Pine Avenue Meridian, ID 83642 ,Q / ~, , f~ , r . ~ - NAMPA, IDAHO 83651-4395 1503 FIRST STREET SOUTH FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 ~'~P 7 SHOP: Nampa 466-0663 RE: Land Use Change Application for Office/A aI-tment/Retail Dear Mr. Johnson: e A lication for your use to file with the Irrigation District Enclosed please find a Land Use Chang PP a ment of he above-referenced development: If this develonem o der or dCash as psy 1 to e for its review on t finalized, I would recommend that you submit a cashier s chec , m s u If you submit a company or personal check, it must clear the fees in order to speed the proc lication. the bank before processing the app erated a ressure urban irrigation system that will be owned, op Should this development be planning P ou to coordinate with John P. Anderson, and maintained by the Irrigation District, I strongly urge y ent for the Irrigation District concerning the ins o de ~ to in t aterthe process of Water Supenntend o eration and Enclosed is a questionnaire that you must fill ouation Districts for the ownership, p contractual agreements between you and the Irrig maintenance of the pressure urban irrigation system. oncernin this matter please feel free to call on me at the District's office If you have any questions c g or John Anderson, the District's Water Superintendent at the Distnct s shop Sincerely, ~f n~~- ~ C , ~~ ~~ G~ Donna N. Moore, Treasurer Assistant Secretary cc: File Water Superintendent City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 6 August 19y~ ~~ ~ ~ CE eet 831 East First Str ~~ Corner of East First and Pine Street Meridian, Idaho 83642 AVG ~ Z 1998 (208) 888-2141 Fax (208) 888-3732 & G . AEG 1 1 1998 August 11,1998 ~ CITY OF MERIDIAN 1Vleridian Planning and Zoning Commissioners ~ ~ #( Attn: William G. Berg, City Clerk ~~ 33 East Idaho Cf~-. ~ ~~ Meridian, Idaho 83642 ~,~/~ pj Q Dear Commissioners, l G~ I am writing you concerning item #17 on the Meridian Planning and Zoning Commission agenda for August 11, 1998: "Public hearing: Request for conditional use permit for an office, upstairs apartment and possible retail use by Joseph A. Johnson at - 46 E. Pine." It is the church's desire that no permission be granted that in any way could impact the church's unrestricted use of the church's parking lot east of and adjacent to the Johnson property at 46 East Pine. Our major concern is the establishment of a retail business (i.e. restaurant, video store, etc.) that could demand more off-street parking than Mr. Johnson can provide on his property. He is currently in such a situation with his other business tenants along East First Street. Your careful attention to this matter is greatly appreciated by me and the Valley Shepherd Church of the Nazarene. Dave Cox Steve Kuykendall Harold Westlund Mark Pounds Marla Blaser Pastor to Youth Pastor to Children Pastor Minister of Music Minister of Vsitation