HomeMy WebLinkAboutFiber House CUP 99-035
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•+, •. HUB OF•TREASURE UALLEY.~ •«=,a.
Mayor
ROBERT D
CORRIE V
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= A Good Place to Live LEGAL DEPARTMENT
. (208) 288-2499 • Fax 288-2501
CITY OF MERIDIAN
City Council Members PUBLIC WGRKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297
RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
KEITH BIRD City Clerk Fax (208) 888-4218 DEPARTMENT
(208) 884-5533 • Faz 887-1297
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: September 28, 1999
TRANSMITTAL DATE: September 13, 1999 HEARING DATE: October 12, 1999
FILE NUMBER: CUP-99-035
REQUEST: RETAIL FIBER ARTS SUPPLY STORE
BY: JENNIFER OAK "THE FIBER HOUSE"
LOCATION OF PROPERTY OR PROJECT: FIRST HOUSE WEST OF EAST 1Sr AT 55
E. STATE AVENUE
TAMMY DE WEERD, P/Z
KENT BROWN, P/Z
THOMAS BARBEIRO, P/Z
RICHARD HATCHER, 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
SANITARY SERVICE
BUILDING DEPARTMENT
_FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
_CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM 8~ FINAL)
YOUR CONCISE REMARKS:
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December 21, 1999
Jennifer Oak
55 E. State Ave.
Meridian, ID 83642
Dear Jennifer:
Please find enclosed a copy of the Findings of Fact and Conclusions of Law
regarding the granting of a conditional use permit subject to conditions.
Should you have any questions, please feel fry _. ti
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Sincerely, ~----~"~
Shelby Ugarriza
City Clerk's Offic~^
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M..,E`MORAN.DU.M
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To: William G. Berg, Jr. ..
From: r Wm.~F. Gigr`ay, III ~ /~~ ~ DEC - 9 1999
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`~ Subject:. ~JENNIFER~OAK "THE FIBER HOUSE" CITY OF MERIDIAN
File No.: CUP-99-035
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Date: December 8, 1999
Will: r
Pursuant to City Council- action of November °l 6, 1999, I have prepared
s the FINDINGS OF FACT CONCLUSIONS OF LAW AND DECISION AND 4 ~ ,
ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO
CONDITIONS, in the above application of JENNIFER OAI~. The Order is now.
ready for the Mayor.'s-signature and. after the Mayor's signature has been obtained,
,and the City Clerk's signature secured, the original should be retained by the City
Clerk. Copies of the Findings of Fact and Conclusions of Law and Decision and
Order Granting Conditional. Use Permit Subject to Conditions and the Order of
Conditional Approval of Conditional Use Permit should be served, upom the
Applicant, the Planning and Zoning Department,. Public Worlcs, and the City
Attorney; and any other person requesting said Findings.
If you have any questions please _advise.
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BEFORE THE MERIDIAN CITY COUNCIL
12-08-99-
+ .IN THE MATTER OF THE s ) Case No. CUP-99-035
APPLICATION. OF JENNIFER ,~ ~) -
" `OAI~ "THE FIBER HOUSE" FORA ) FINDINGS OF FACT AND,
CONDITIONAL USE PERMIT ) CONCLUSIONS OF LAW AND
FOR THE OPERATION OF A ) DECISION AND ORDER
RETAIL; FIBER ARTS .SUPPLY ~ ) GRANTING CONDITIONAL
STORE AT 55 E. STATE AVENUE, .) USE PERMIT SU_ BJECT TO
MERIDIAN, IDAHO )' CONDITIONS
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`This above entitled conditional use permit application having come before
the City Council orNovember 16, 1999; at the Meridian City Hall, 33 East Idaho Street,
Meridian; Idaho, upon the Findings of Fact and Conclusions of Law and Recommendation
to City Council issued by the Planning and Zoning Commission who conducted a public
hearing, and the Applicant not appearing or anyone is opposition'appearing, and having
duly considered the matter-arid the Planning and"Zo,ning Commission made the following
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Findings of Fact and Conclusions~of Law and Recommendation to City Council., and the `
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City Council having received-the staff report and the record made before~the Planning and
Zoning Commission, and being fully advised in the premises, the Council ..finds and
concludes as follows: k ,
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FINDINGS'OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /, JENNIFER OAI~
"THE FIBER HOUSE:" /CUP-99-035
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STATEMENT OF LEGAL AUTHORITY AND JURISDICTION:.
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CONCLUSIONS OF LAW
" 1. Idaho Code § 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide
for the -processing of applications for special or conditional
~. use permits; and ~*
~. ~ (B) ~~ That a~special use permit may be granted to an applicant if
~,~ the proposed use is otherwise prohib"ited by the terms of the
` - ' ~ zoning ordinance,,but maybe allowed with conditions
under specific provisions of-the zoning ordinance, subject to
`~' ~ the ability of political subdivisions, including school
districts, to-provide services for the proposed~use, and when
it is not in .conflict with the plan; and
(C) That upon the granting of a special use: permit, conditions
may be attached to a special use permit, including, but not
' limited to, those: x
` ~ L) Minimizing adverse impact on other development;
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R a ~ 2) Controlling the sequence and timing of development;
`3) Controlling the duration of development;
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` _ 4) Assuring that development is maintained properly;
~' ~ 5) Designating the exact location and nature of
' development; requiring the provision for on-site` or
a off-site public facilities or services; requiring more
restrictive standards. than those generally`required in
an ordinance; requiring mitigation of effects of the "
proposed development upon service delivery by any
, ~; political subdivision, including school ,districts,
. ~ `providing services within the planning jurisdiction.
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FINDINGS-OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /JENNIFER OAIC '
"THE FIBER HOUSE:" /CUP-99-035
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`2. ; ~ The City of Meridian has exercised .its authority to provide for the
` processing of applications for'Conditional.Use Permits by the enactment of § 11-2-418
Municipal Code.. - - a
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3. Idaho~Code § 67-6504 provides. that the City Council, may'-exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
known as the,"Local Land Use. Planning Act•of 1975."
` 4. The City of Meridian has enacted the Comprehensive Plan City of
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Meridian adopted December•21, 1993, Ordinance No: 629,,January 4, 1994. .
5. Prior to granting a conditional use permit in Old Town District (OT), a
public hearing shall be conducted with notice to be published and provided to property m
owners or purchasers of record within threeahundred feet (300') of the external
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. boundaries of the land under consideration for the conditional use permit all in
accordance with the provisions of Section. l 1-2-418E City of~Meridian Zoning and
Development. Ordinance`, which provides as follows: R
"Prior to approving a'Conditional Use Permit, the'applicant and-the
Commission and Council. shall follow notice and hearing procedures provided in
Section 11-2-416,°Zoning.Amendment=Procedures, of this Ordinance. Provided,
however, that Conditional Use applications for land in Old Town and in
Industrial and Commercial Districts shall° only be required to have one public
hearing which'shall be .held before the Planning and Zoning Commission and
after the recommendation of the Commission is made the application shall go
before the City Council without a public_hearing and the Council may approve,
' ~ deny, or modify the recommendation of the Commission."
FINDINGS OF FACT AND CONCLUSIONS OF LAW,
USE PERMIT SUBJECT TO`CONDITIONS / JENNIFEROAI<
"THE FIBER` HOUSE:" jCUP-99-035
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STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY
". AND JiJRISDICTIOIV" +
' 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 ~sad~public hearing scheduled for October
'12, 1999, before the Planning and Zoning Commission, the first publication appearing `
and written notice having been mailed to property owners or purchasers of record
. ~ within three hundred (3t00') `feet of the external- boundaries of the"property under
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consideration more than fifteen (15) days prior to said hearing and with the notice of
public hearings having been posted upon_the property under consideration more than
one week before said hearing and the copies of all notices were made available ~to
4 newspaper, radio and television stations as public service announcements; and the
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. matter having,been~duly considered by the Planning and Zoning Commission at the
said October 12, 1999, public hearing;~and'the Applicant, affected property owners,
and government subdivisions providing services, within the planning jurisdiction of the
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City of Meridian, having been given full opportunity to express comments and submit
evidence. ..
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2. There has been compliance with all notice and hearing requirements set
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.forth in Idaho Code §§67-6509 and 67-6512; and §§11-2-416E andal1-2-418E as
FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /JENNIFER OAI~ _ .
"THE FIBER HOUSE:" /CUP-99-035 4.
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evidenced by the Affidavit of Mailing, and the Affidavit of Publication and-Proof of
` Posting filed with the staff report. ~ `"
- 3.,, Councih tapes judicial notice of'its Zoning, Subdivision and
,~
' Development Ordinances codified at Title 11 Municipal Code of the City of Meridian
and all current zoning maps hereof and-the Comprehensive Plan of the City of
Meridian adopted December 21,~ 1993 Ordinance #629 -January 4, 1994 and Maps ,
and the Ordinance establishing the Impact Area Boundary Ordinance and Map.
.~
- 4. " The property°is located west of East ls`~ at 55 E. State Avenue, Meridian,
Idaho. '
5. The applicant and owner of record of the' subject'property is Jennifer Oalc
of 55 E. State Avenue, Meridian, Idaho 83642. ~ -
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6. That the real property is zoned (OT) Old Town District which is defined
,~ ~ within the City of Meridian Zoning and Development Ordinance, Section 11`-2-
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408(12). .
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7. .. The. proposed'application request's a conditional use permit for
use and operation of a retail fiber-arts supply store. approximately 500 sq. ft. within the
primary residence. The OT zoning designation within the City of Meridian Zoning'
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- and Development Ordinance requires a conditional,use permit be obtained for this use.
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(Meridian-City Zoning and Development Ordinance, Section 11-2-409). The
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMITYSLIBJECT TO CONDITIONS /JENNIFER OAI~
"THE FIBER HOUSE:" /CUP-99-035
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";; requested conditional use is described~in the VICINITY MAP attached hereto as
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Exhibit "A" as if set forth~in full herein and consisting of two pages, for the
development of the aforementioned projects and-which property is described
hereinbelow to-wit:
-Lots 18 and 19 of Bloclc 1 of F.A. Nourse's Second Addition; Meridian, Idaho,:
and `also known by-the physical address of 55 E. State Avenue, Meridian, Idaho
8. Giving due consideration to the. comments received from the
governmental subdivisions providing services in the City of Meridian planning
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jurisdiction, public facilities and services required bythe proposed development will not
impose expense upon the public if the following conditions of development-are
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imposed and the following is also found to be required to mitigate the, effects of the
proposed use and -development uponservices delivered by political subdivisions -
~,
providing services- to the subject real property within the' planning.jurisdiction of the
. City of Meridian.
8.1 Conditions requested. by the Assistant Planner~and Assistant City
Engineer within their Memorandum dated October 6, 1999, be required
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as follows: '
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$.1`.1 > Sanitary sewer and water to this facility would'be via existing
service lines. Plans for sewer and~water service will be.revewed to
. see if additional load would.ju'stify an adjustment. Applicant will
_ be required. to enter into an Assessment Agreement with,the City
,~ of Meridian prior to operation.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE`PERMIT SUBJECT TO CONDITIONS /JENNIFER OAI~
"THE FIBER HOUSE:"-/ CUR99-035
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8.1.2 Parking, signage, walkways, and building'construction shall meet
the requirements of the Americans with Disabilities Act. The
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y walkway needs to be.a minimum of-five feet wide per City
~~ Ordinance.
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8.1.3 Signage has beeri~proposed, and is approved with this application.
- All signage will be' subject to: design review and requires separate
°t permits. "
" ~ 8.1.4' This conditional use permit shall be subject°to review upon ten
R (10) days notice to the applicant. No additional space shall be '
` ~ utilized for retail or other areas without a modification of the
conditional use permit. Transfer of the conditional use permit will
need to be submitted and approved by the Zoning Administrator
for any new. owners/tenants.
-8.1.5 .All trash areas are to be.enclosed by a screen on at least 3 sides.
Projectimplernentation.period is limited to the requested
September -10th through November 1st period of time:
. 8.1.6 The Planning ahd Zoning Commission further advises the Staff
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comment re off street parking shall be revised to require spaces for. n
three. vehicles...
9. The proposed.'use within the. subject application will be °harmonious with
F and in'accordance with the .Meridian Comprehensive Plan and the City of Meridian
Zoning and Development Ordinance.
10. The use proposed-within the subject&application willbe subject .
.,.
` to the.'conditions set forth in°Fnding of Fact no: 8 and will be designed, constructed,
operated and maintained to be harmonious and appropriate in appearance or intended
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /JENNIFER OAI~
"THE FIBER HOUSE:" /CUP-99-035 - "
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character of the .general vicinity and that:. such use will not change the intended
essential character of the same area. _ ~`
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11. The use proposed within the subject application will not be x
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hazardous or disturbing to existing orfuture neighboring`uses.
` 12. x The use proposed within, the subject application will be served
adequately by,central public~facilities and services-such as highways, streets, police and
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fire protection; drainage structures,. refuse disposal, water and sewer.
13 r~ The applicant has agreed to pay any additional sewer, water or
trash fees or charges, if any associated with the use.,
14. The use proposed within the subject application will n'ot 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.
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}~ 15. Sufficient parking for the proposed'use of-the property will be
provided
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" 16. The use will not result in.the destruction, loss or damage 'of natural
or scenic features of major importance relating to the property.
.,
t DECISION AND ORDER
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GRANTING CONDITIONAL USE PERMIT,.SL7BJECT TO CONDITIONS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
_~ USE PERMIT SUBJECT TO CONDITIONS /JENNIFER OAI~
"THE FIBER HOUSE:" /CUP-99-035- ~ -
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NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND'CONCLUSIONS OF LAW, the City Council does hereby
ORDER and this does Order that: ~ '
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1. That the'Applicant and owner of the property, is granted a conditional
use permit°for use.and operation of a retail fiber arts supply store approximately 500
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sq. ft. within the primary residence, located at 55 E. State Avenue, Meridian, Idaho.
The requested conditional use is described in the VICINITY MAP attached hereto as
r Exhibit "A" as if set forth in full herein and consisting of two pages, for the
} development of the aforementioned projects and which property is described
hereinbelow to=wit: .
M
Lots 18 aril 19 of Block 1 of F.A. Nourse's Second Addition, Meridian, Idaho,
and also known by the physical address of 55 E. State Avenue, Meridian, Idaho
2. The conditional use permit granted herein .is subject to the
following terms and conditions:
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2.1 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 additional~load
would justify an adjustment. Applicant will be".required to enter into an
Assessment Agreement with the City of Meridian prior to operation.
2.2 Parking, signage, walkways, and building construction .shall meet the
requirements of the Americans with Disabilities Act. The walkway needs to
be a minimum of~five feet wide per. City Ordinance.
~,
2.3 Signage has been proposed, and is approved with this ~ application. All
signage will be subject to design review and requires separate permits.
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°~ FINDINGS OF FACT AND'CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS/-JENNIFER OAI~
"THE FIBER HOUSE:" /CUP-99-035
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2.4 This conditional use permit shall be subject to-review upon ten (10) days,
r notice to the applicant. No additional space shall be utilized for retail or .
' other areas without a modification of-the conditional use permit. Transfer
9
of the conditional use permit will -need to be submitted and approved by
the Zoning Administrator for any new owners/tenants. ,
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r2.5 All trash areas are to-be enclosed by a screen on at least 3 sides.. Project
implementation period is limited.to the requested September 10th through
November 1 st~ period of time.
2.6 pThe Planning and Zoning Commission further advises the Staff comment
` re: off street pa`rlcing shall be revised to require spaces for three vehicles.
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3: That the City Attorney draft an,Order Granting Conditional Use Permit in'
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accordance with this Decision, which shall be .signed by the Mayor and City Cleric and
then a conformed copy shall.be served by the Cleric upon the applicant, the Planning and
Zoning Department, Public Worlcs Department and City Attorney and any affected party
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FINDINGS OF FACT AND' CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /JENNIFER OAI~
"THE FIBER HOUSE:" /CUP-99-035
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NOTICE OF FINAL ACTION, '
Please take notice that this is a final action of the governing body of the City of
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Meridian`; pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit may within twenty-.eight (28) days after the date of this ;
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decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho ,
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Code..
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,R YBy action of the City Council at its regular meeting held on the / 6~~ day of
,l~G~~l~~-- ~ 1999.= . _ ~- i
ROLL CALL.: x~ -
COUNCILMAN ANDERSON VOTED u~
COUNCILMAN BENTLEY VOTED ~~~~~~~"~
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COUNCILMAN BIRD ~ ~ ~ VOTED_ ~~~~
COUNCILMAN ROUNTREE VOTED--~~~ .
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FINDINGS OF-FACT AND CONCLUSIONS OF LAW -
USE PERMIT SUBJECT TO CONDITIONS /JENNIFER OAI~
"THE FIBER HOUSE:" /CUP-99-035
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_` MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED
~~ DATED: l/ ~1 ~ ~"~G~ - ~ ;
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MOTION: APPROVED: ~ DISAPPROVED:
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Copy served upon Applicant, the' Planning and Zoning Department,- Public Worlcs
Department and City Attorney. '
By: ~ Dated: T ~'1~~~~ `
ity Clerlc ~,~~«~~-,---n,,,
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
USE PERMIT SUBJECT TO CONDITIONS /JENNIFER OAI~ - -
"THE FIBER HOUSE:" /CUP-99-035 w . ..
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BEFORE THE MERIDIAN CITY COUNCIL ~.
IN THE MATTER OF THE APPLICATION OF ) CASE NO. CUP-99-035
JENNIFER OAI~ "THE FIBER HOUSE" FORA )
CONDITIONAL USE PERMIT FOR THE ),
OPERATION OF A RETAIL FIBER ARTS )
SUPPLY STORE AT 55 E. STATE'AVENUE, ) ORDER OF
MERIDIAN, IDAHO ~ ~ ~ ~ ) CONDITIONAL
APPROVAL OF
CONDITIONAL USE.
PERMIT
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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: _ '
1. That-.th'e Applicant and owner of the property, is granted•a conditional use
permit for~use and operation of a retail fiber arts. supply~store approximately 500 sq.
ft. within the primary residence, located at 55 E. State Avenue, Meridian, Idaho.
The requested conditional, use is idescribed in° the,VICINITY MAP attached hereto as
°Exhibit "A" as if set forth in full herein and consisting of two pages, for the.
development of the aforementioned projects and which property is described
hereinbelow to-wit: • ,
Lots 18 and 19 of Block 1 of F:A. Nourse's Second Addition, Meridian, Idaho,
r, and also known by the physical address of 55 E. State Avenue, Meridian, Idaho
S'
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2. That the above .named applicant is granted a conditional. use permit for use and
operation of a retail fiber arts supply store approximately 500 sq. ft. within the
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 1 OF 3
JENNIFER OAK "THE FIBER HOUSE" /CUP-99-035
' . {
;primary residence, located at 55 E. State Avenue, Meridian, :Idaho, subject to the .
following conditions of use and development: `
2.1 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
additional~load would :justify an adjustment. Applicant will be required
to enter. into an Assessment Agreement with „the City of Meridian prior
to..operation.
2.2 Parking, signage, walkways, and building construction shall meet the F
` requirements of the.Americans with Disabilities Act. The walkway
needs to be a minimum of five feet wide per City Ordinance.
2.3 Signage has been proposed, and is approved with this application. All
signage will be subject to design review and requires separate permits.
2.4 This conditional use- permit shall be subject to review upon ten (10)
F days notice to the applicant. No "additional space shall be utilized for
n ;, retail or other areas without a modification"of the conditional use `
permit. Transfer of the conditional use permit will need to be
submitted and approved by the Zoning Administrator for any new
owners/tenants.
,.
2.5
All trash areas are to be enclosed by a screen. on'at least 3 sides. Project
implementation period is.limited to the requested September 10th
through November 1st period of time.
2.6 The Planning and Zoning Commission further advises the Staff `
comment re: off street parking shall be revised to require spaces for three
vehicles.
,{
3.. 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.
Y ~ ~ s -
i°°
ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 2 OF 3
JENNIFER OAK "THE FIBER HOUSE" /CUP-99-035
F
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4. Notice to Permit Holder, this conditional use permit is not transferable
without complying with the .provisions of §y 1.1-2-418 J of the Municipal Code of the
City of Meridian, a copy of which is attached to this permit.
By a tion of the City Council at its., regular meeting held, on the ! ~~ day of
v.~ X2.,,1999. q
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3 ~ " o ert,D. Corrie, Mayor City of Meridian
. ,
Copy aerved upon Applicant, the Planning and Zoning Department, Public Works
Department and City Attorney. ~ ~ "
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By: ~~~ ~ Dated: ~< ~'l~'
ity Clerk
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ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 3 OF 3
JENNIFER OAK "THE FIBER HOUSE" /CUP-99-035
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. ~F.A.i Nourse's~
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November 12, 1999
MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16, 1999
APPLICANT: JENNIFER OAK ITEM #: 33
REQUEST: CONDITIONAL USE POERMIT FOR RETAIL FIBER ARTS SUPPLY STORE
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE }DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
C{TY SEWER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOLbISTRICT: l
MERIDIAN POST OFFICE:
(~
ADA COUNTY HIGHWAY DISTRICT:
REET NAME COMMITTEE: ~~
ADA COUNTY ST ,,~
CENTRAL DISTRICT HEALTH: I
NAMPA MERIDIAN IRRIGATION:
~' ~- V
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
BUREAU OF RECLAMATION:
. a
INTERMOUNTAIN GAS:
SANITARY SERVICE:
OTHER: e.
All Materials presented at public meetings shah become property of the City of Meridian.
November 5, 1999
MERIDIAN PLANNING & ZONING MEETING: NOVEMBER 9 1999
APPLICANT: JENNIFER OAK ITEM NUMBER: 3
REQUEST: F/F 8~ C/L_CUP FOR RETAIL FIBER ARTSUPPLY STORE
AGENCY ~ COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY SEWER DEPT: ,
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
SEE FINDINGS
ADA COUNTY STREET NAME COMMITTEE: d I /~
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN .IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
G
h'
US WEST:
BUREAU OF RECLAMATION:
INTERMOUNTAIN GAS:
SANITARY SERVICE:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
•
•
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
In The Matter of A
CONDITIONAL USE PERMIT
APPLICATION FOR THE
OPERATION OF A RETAIL
FIBER ARTS SUPPLY STORE AT
55 E. STATE ST. MERIDIAN,
JENNIFER OAI~ "THE FIBER
HOUSE",
Applicant
Case No. CUP-99-035
FINDINGS ~OF FACT AND
CONCLUSIONS OF LAW AND
RECOMMENDATION FOR
CONDITIONAL USE. PERMIT
SUBJECT TO CONDITIONS
The above entitled conditional use permit application having come before
the City Council on October 12, 1999, pursuant to the provisions of § I 1-2-418 E of the
Municipal Code, without a hearing because the subject property is currently zoned Old
Town (OT), and the Planning and Zoning Commission having received comments and
recommendations from affected departments, and being fully advised in the premises, the
Commission finds and concludes and recommends, and good cause appearing:
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 hearing scheduled for
October 12, 1999, before the Planning and Zoning Commission, the first publication
appearing and written notice having been mailed to property owners or purchasers of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 1
•
record within three hundred (300') feet of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one 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 said October 12, 1999, public hearing; 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 and 67-6512; and §§I1-2-416E and
11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication
and Proof of Posting filed with the staff report.
3. Commission takes judicial notice of its Zoning, Subdivision 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 Ordinance #629 -January 4, 1994 and Maps
and the Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. Giving due consideration to the comments received from the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 2
•
governmental subdivisions providing services in the City'of Meridian planning
jurisdiction, public facilities and services required by the proposed development will not
impose, expense upon the public if the following conditions of,development are imposed
and the following is also found to be required to mitigate the effects of the proposed
use and development upon services delivered by political subdivisions providing
services to the subject real property within the planning jurisdiction of the City of
Meridian.
4.1 Conditions requested'by the Assistant Planner and Assistant City
,Engineer within their Memorandum dated October 6, 1999, be required
as follows:
4.1.1 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
additional load would justify an adjustment. Applicant will be required to
enter into an Assessment Agreement with the City of Meridian prior to
operation.
4.1.2 Parking, signage, walkways; and building construction shall° meet
the requirements of the Americans with Disabilities Act. The walkway
needs to be a minimum of five feet wide per City Ordinance.
4.1.3 No signage has been proposed, and none is approved with this
application.. All signage will be subject to design review and requires
separate permits.
4.1.4 This conditional use permit shall be subject to review upon ten
(10) days notice to the applicant. No additional space shall be utilized
for retail or other areas without a modification of the conditional use
permit. Transfer of the conditional use permit will need to be submitted
and approved by the Zoning Administrator for- any new owners/tenants.
FINDINGS OF.FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 3
j •
f
4.1.5 All trash areas are to be enclosed by a screen on at least 3 "sides.
Project implementation period is limited.to the requested September 10th
through November 1st period of time.
4.1.6 The Planning and Zoning Commission further advises the Staff
comment re offstreet parking, shall be revised to require spaces for.three
vehicles. '
S. The proposed use within the subject application will be harmonious with
and in accordance with the Meridian Comprehensive Plan and the City of Meridian
Zoning and Development Ordinance.
6. The use proposed within the subject application will be subject
to the. conditions set forth in Finding of Fact no. 5 and will be designed, constructed,
operated`and maintained to be harmonious and appropriate in appearance or intended
character of the general vicinity and that such use will not change the intended
essential character of the same area.
7. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
8. The use proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire
protection, drainage structures,• refuse disposal, water and sewer.
9. The applicant has agreed to pay any additional sewer, water or trash fees
or charges, if any associated with the use.
10. The use proposed within the subject application will not involve
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 4
~J
I ~
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.
11. Sufficient parking for the proposed use of the property. will be
provided.
12. The use will not result in the destruction, loss or damage of natural
or scenic features of major importance relating to the property.
CONCLUSIONS OF LAW
1. Idaho Code § 67-6512 provides in part that:
_ (A) As part of a zoning ordinance the City Council may provide for the
processing of applications for special or conditional use permits;
and
.(B) That a special use permit may be granted to an applicant if~the
proposed use is otherwise prohibited by the terms of the zoning
ordinance, but may be allowed with conditions under specific
provisions of the zoning ordinance, subject to the ability of
political subdivisions, including school districts, to provide services
for the proposed use; and when it is not in conflict with the plan;
and
(C) That upon the granting of a special use permit, conditions may be
attached to a special use permit, including, but not limited to,
those:
1) Minimizing adverse impact on other development;
r
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
FINDINGS OF FACT-AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL ,
USE PERMIT SUBJECT TO CONDITIONS - 5
4) Assuring that development is-maintained properly;
5) Designating the exact location and nature of development;
requiring the provision for on-site or off-site public facilities
or services; requiring more restrictive standards than. those
generally required in an ordinance; requiring mitigation of
effects of, the proposed development upon service delivery
by any political subdivision, including school districts,
providing services within the planning jurisdiction.
2. °The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactment of § 11-2-418
Municipal Code.
3. Idaho Code § 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
known as the "Local Land Use Planning Act of 1975."
4. The- City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994.
DECISION AND RECOMMENDATION
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the Planning and Zoning
Commission does hereby recommend that:
1. The applicant is granted a conditional use permit for operation of a retail
fiber arts supply store, subject to the following terms and conditions:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 6
(~ `•3
1.1 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 additional
~~ load~would,,justify an adjustment. Applicant will-be required,to enter into
s a
an Assessment Agreement with the City of Meridian prior to operation.
1.2' Parking, sigriage, ywallcways; 'and building construction shall meet the
requirements of.the Americans with Disabilities Act. The walkway needs to
be a minimum of five feet wide per City Ordinance.
1.3 ~ signage has been proposed, and ~~s approved with this application.
All signage will be subject to design review and requires separate permits.
1.4 This conditional use permit shall be subject to review upon ten (10) days
notice to the applicant. No additional space shall be utilized for retail or
other areas without a modification of the conditional use permit. Transfer
of the conditional ,use permit will need to be submitted and approved>by
the Zoning Administrator for any new owners/tenants.
* e .: •.
1.5 All trash areas are to be enclosed by a screen on at least 3 sides. Project
implementation period is limited to the requested kSeptember 140th through ~.
November 1st period of time.
A
1.6 The Planning and Zoning Commission further advises the Staff comment re
offstreet parking shall be revised to require spaces for three vehicles.
Ey/Z:AWorkWlWleridian 15360M~Fiber House CUP~CUPFcsDecOrd
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 7
.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.
r ROLL CALL
COMMISSIONER THOMAS BARBEIRO VOTED ~ `
COMMISSIONER TAIVIIVIY DE WEERD VOTED , ~~~
COMMISSIONER RICHARD C. HATCHER VOTED -2 '
COMMISSIONER L. KENT BROWN VOTED ~~~
CHAIRMAN KEITH BORUP (TIE BREAKER) VOTED C
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 8
- ti: :.../
Meridian City Council Meeting
November 16, 1999
Page 67
Rountree: l would add that to my motion to have the attorney prepare an order.
Bentley: Thank you.
Corrie: All right. All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
ITEIVI`3'3. REQUEST FOR: CONDITIONAL USE PERMIT FOR RETAIL
_ FIBER ARTS SUPPLY STORE BY JENNIFER OAK - 55 E.
ry'STATE AVENUE, OLD TOWN:
Corrie: Request, Item 33, request for conditional use permit for retail fiber arts
supply store by Jennifer Oak, 55 E. State Avenue, Old Town. Is Jennifer here
tonight? Is there a reason why? Table it then?
Berg: It's not a public hearing, but I don't know why she isn't -
Corrie: We need to - we can, 1 guess we can -she's not here to the request.
Bird: Then we need to table it. I haven't got anything.
(inaudible discussion amongst Council members)
Corrie: Okay. We have a recommendation for conditional use permit from the
Planning and Zoning.
Rountree: Let's just table it. What's the next one?
Corrie: That was denial of the recommendation. Planning and Zoning does
hereby recommend that (inaudible) grant a conditional use permit. So we can
either table it or follow the Planning and Zoning's recommendation.
Rountree: Considering I Haven't read them. Mr. Mayor, I move we table Items
33 and 34 until our next meeting.
Corrie:. Motion on the floor to table Item 33 and 34. Do I hear a second?
Rountree: Mr. Mayor.
Corrie: Is someone here for 34? Oh. Okay. Then Item 33 for table. Any
second on that one? Okay. It does reflect a second, Mr. Rountree.
Rountree: Mr. Mayor, I'd ask a question of Shari if there's any issues on the
prepared Findings of Facts, the draft that we have, on Item 33.
Meridian City Council Meeting
November 16, 1999
Page 68
Stiles: Mr. Mayor and Council, Councilman Rountree. There was a change
made that was on Page 7, Item 1.3. She did propose signage, and it was
recommended for approval by the Planning and Zoning Commission. This is for
the property, it's across the street from the Texaco now and behind an office
building on East 1St Street. They're proposing that it be a -retain the use as a
residence and that a portion of their house be approved for retail use. The
Planning and Zoning Commission did recommend that instead of the parking
spaces that were required by ordinance that that be reduced to three spaces.
Corrie: Has this applicant seen this request and what they're asking the changes
and all?
Stiles: I believe the Findings did come up back before Planning and Zoning
Commission, and she was present there and did review these Findings.
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: I have a question. Shari, do they know that they're supposed to
come to these meetings? Is it -are they told that, I mean, by somebody?
People that do this kind of stuff don't come before the City Council on a regular
basis and don't understand the process. They need a little bit of guidance as far
as what the steps are, and I'm sure they probably would have been here had
they been told that.
Corrie: Mr. Berg.
Berg: Mr. Mayor, members of the Council, they were told that they were on the
agenda. They were also told that this wasn't a public hearing, that testimony
would not be accepted, and so I guess they probably chose not to come. That's
the confusion with some of these that only require one public hearing and then
pass recommendation onto the City Council. I don't know what kind of lines of
questions or comments she could have that would affect the Findings at the
P & Z has produced. So that might be a question for the attorney.
Anderson: I just think it's something that we need to clarify amongst ourselves.
If we're talking about tabling something because somebody's not here, and yet,
they're being told that you really don't need to go there because we're not going
to take any public testimony, we need to get our act together is what I'm saying.
Council and Staff level, so that people have clear instructions on what is
expected of them when they come here or not expected if they don't come.
Berg: Yes. I agree with you, and my response is we don't discourage them from
coming. We try to tell them what they can anticipate being at these meetings.
Meridian City Council Meeting
November 16, 1999
Page 69
So we do encourage them to be here, but like I said, we told them that it was not
a public hearing, there wasn't going to be public testimony.
Gigray: Mr. Mayor.
Cowie: Mr. Gigray.
Gigray: Mr. Mayor and members of the Council, I think this also points out what I
think is an ambiguity and a difficulty where you have some conditional use
permits that require public hearing at City Council and others that don't. You
know, I almost think that it'd be better to have, none that come here and that can
be granted by the Planning and Zoning Commission subject to appeal, or make
them all subject to public hearing process, and obviously before you do that,
you'll want to get Staff comments about what they would recommend, but I find it
difficult from doing" Findings to - I think you just have to go from the record that's
produced, and then if you're uncomfortable with that record, and you've done that
in the past, and you can elect, and I think you have that right to schedule a public
hearing and then ask that notice be given, and then conduct one.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I would move that we approve the conditional use permit with the
application subject to Item 33 and that we accept the recommendation and
Findings of Facts and Conclusions of Law prepared by Planning and Zoning.
Bird: Second.
Corrie: Okay. Motion's been made to approve the Findings of Facts and
Conclusions of Law on the conditional use permit subject to the conditions stated
by Planning and Zoning Commission. Any further discussion?
Gigray: And we'll make the correction
Cowie: Make the corrections -ours have -
Gigray: We prepare an order.
Cowie: Okay. And the attorney to prepare an order. Any further discussion?
Okay. All those in favor of the motion say aye.
MOTION CARRIED: THREE AYES, ONE ABSTAINED
ITEM 34. REQUEST FOR: CONDITIONAL USE PERMIET FOR A 3-
BUILDING RETAIL COMPLEX OF APPROX 50,000 SF ON
r - - Meridian Planning and Zoning Commission Meeting
November 9, 1999
Page 3
.Hatcher: My recollection was Item 42 was the requirement.
Borup: Yes; and that is consistent with past signage approval.
(Inaudible discussion)
Borup: Mr. Rossman, do you have a full set. Do you have page 17.
Rossman: l.et me look real quick. I have in my file a office copy dated November 2,
1999 and it does have on the last page a approval of Findings of Fact and Conclusions
of Law and Roll Call, which is what. you need., I wi!! pass this down to you and you can
work off of that._
Borup: We have all the other information.
.(inaudible discussion)
Borup: Clarification, Shari was it your understand a single sign or two signs. A
monument sign plus a smaller sign.
Stiles: They proposed a 25 x 15, which apparently the Commission did not want to
approve.
Borup: Right, plus they had a secondary sign.
.:Stiles: Even that is probably, not be adequate for as many tenants as they may have in
that development.
Hatcher: If I'm not mistaken, there was no conditions put on the monument sign that we
went ahead--we -are going. to approve,that as submitted, but the clarification was that
°the 25 x 15 sign needed to be modified so that it would not be greater than 72 square
feet.
Borup: So your saying. that we approved a pylon,sign?
Hatcher: No we approved the monument sign and the pylon sign can not exceed 72
square feet.
Borup: That's what I say. We approved a 72 Lsquare foot pylon sign. Is that your
recollection? Mine either. Why don't we refer this to the end of the meeting. We are
going move Item 2 to the end of the agenda. We can discuss this and not take up other
peoples time. We can go back and check the minutes before then and get that clarified.
•~T-EM=3'.~ FINDINGS OF FACT AND CONCLUSIONS OF LAW: CONDITIONAL ,
USE PERMIT FOR RETAIL FIBER ARTS SUPPLY STORE BY
_rIF~R_OAK~ SSE. STATE AVENUE, OLD TOWN:
~=-
Meridian Planning and Zoning Commission Meeting
November 9, 1999
Page 6
Borup: All in favor?
MOTION CARRIED: ALL AYES
Borup: You deleted no and none or you deleted the whole line?
Barbeiro: I deleted the entire line.
Rosman: Amend that motion.
Barbeiro: I wish to amend the motion to delete the words no and none in line item 1.387
of the Findings of Fact and Conclusions of Law.
Hatcher: I second the amendment.
Borup: All in favor?
MOTION CARRIED: ALL AYES
Rosman: Need a roll call.
Borup: Commissioner Barbeiro
Barbeiro: Aye.
Borup: Commissioner Hatcher.
Hatcher: Aye.
Borup: Commissioner's De Weerd and Brown absent. Commissioner Borup, Aye.
Thank you.
ITEM 4. CONTINUED PUBLIC HEARING: ANNEXATION AND ZONING OF 4.34
ACRES FROM C-2 AND R-8 TO C-G (WALGREEN'S) BY HAWKINS
SMITH MANAGEMENT, INC.-NW CORNER OF FAIRVIEW AND
LOCUST GROVE ROAD:
Borup: This is_ a continued public hearing although there was no testimony last time.
Staff, do we have a presentation?
Stiles: Mr. Chairman, Commissioner's this is for the properly on the southwest corner of
or the northwest corner of Fairview Avenue and Locust Grove. There currently exists a
building here. There are several tenants in that building. There is. also an office
building here. I believe, I am not sure if these are two single homes at this time
constructed. They are all part of this Caro{ or Doris Subdivision. Do you want me to
address both applications at this time or do you want to take them one at a time?
. fv. • •
~~~ ~ 1 1999
CITY OF1VIERIDIAN ~ ~~ ~~h
APPLICATION FOR A CONDITIONAL USE PERMIT '~~ ~ _ 4
,~
" i he ~i~b~er N~u~e ,~, -i~..~:.g.~5
NAME: ~J~JV fJ l ~~ ~. (}'~,I~.. PHONE: ~ 5~~~3
ADDRESS: SJ . ~-. ~T/.~ ~ ~ ~~ .
GENERAL LOCATION: ~ f~5"?~'~-1~t~(,f~ LS-7" ~~ ~S`~'~ I s~' ~Jy ~(X~TI-~. SfL'~
Off' c5~7'~T~
DESCRII'TION OF PROPOSED CONDITIONAL USE:~~ f L ~ ~ ~1~,
ZONING CLASSIFICATION: O~ ~~~I~-~
I certify that the information contained herein is true and correct.
Number ~ `~'~ ~~ ~~Jr~
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and
Zoning Commission will hold a Public Hearing in the Meridian City Hall on
at _.m. The purpose of the Hearing is to consider a
CONDITIONAL USE PERMIT submitted by for
the property generally descn~bed as located at
TO
SUBDIVISION, BLOCK ,LOT
,:..~
,~
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Pine eo
F~eAo bourse's
first Addition
uCA~E
0 50' 100'
Alley One Way) Y
Refuse Storage ~,
I
16 1~7 10 ~ 20 2
~oAo
our e's ~° I
I
oecond Addition
..
o
5 E. S ate A e ~
+~
Sign ~? .. C?
~,
~ ~'~
i I ' - +- 'f~'i
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Parkin
& Loadin
W g g
Ee otate Ave,
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** TX CONFIRMA~N~REPORT **
AS OF SEP 20 '~! 10 ~ 34 PAGE . 01
CITY OF MERIDIAN
DATE TIME TO/FROM
05 09/20 10 34 208 888 109?
MODE MIN/SEC PGS CMDiS STATUS
"EC--S 00'30" 001 230 OK
NOTICE OF HEARING
r
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 October 12, 1999, for the purpose
of reviewing and considering the application of Jennifer Oak, "The Fiber House", for a
conditional use permit to retail fiber arts supply store, which property is generally
located at first house west of East 16t at 55 E. State Ave.
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 161h day of September, 1999. ,
ANG L. SIMS, DEPUTY CITY CLERK-
PUBLISH September 22 and October 6, 1999
`,``,~tUWFrlrl71/ry//`
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r NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City,. Hof 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 October 12, 1999, for the purpose
of reviewing and considering the application. of Jennifer Oak, "The Fiber House", for a
conditional use permit to retail fiber arts supply store, which property is generally
located at first house west of East 1St at 55 E. State Ave.
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. ~
f
#~~
~ t r
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 16t" day of September, 1999.
"~ ANG L. SIMS, DEPUTY CITY CLERK
PUBLISH September 22 and October 6, 1.999
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JENNIFER OAK - 55 E. STATE AVE.
PROPERTY OWNERS WITHIN 300'
BREWER BILL G
PO BOX 35
MERIDIAN ID 83680-0035
10S E CARLTON AVE
SHOEMAKER JAMISON & TAMI
1031E 1ST ST
MERIDIAN ID 83642-2303
SHOEMAKER JAMISON R & TAMI L
1664 S SPORTSMAN WAY
MERIDIAN ID 83642
S 1 E CARLTON AVE
MCDONALD LOIS M
PO BOX ~I075
MERIDIAN ID 83680-1075
47 E CARLTON AVE
BEVINGTON HELEN A
700 E FAIRVIEW
SUITE # 198
MERIDIAN ID 83642
41 E CARLTON AVE
MAYES WM DEAN & DOROTHEA
CIRCLE K CORPORATION #445
PO BOX 520$5 ~~
PROPERTY TAX DEPT DC 17
PHOENIX AZ 85072-2085
66 E STATE AVE
ROSS LOREN D & GAYLA
1383 LINDERWOOD DR
MERIDIAN ID 83642-6923
S2 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
1VIARR GEORGE E & HAZEL W
24 E STATE~AVE
MERIDIAN ID 83642-2343
HACKNEY ANTHONY D &
HACKNEY TANYA M
35 E CARLTON AVE
MERIDIAN ID 83642
,,
DALE MARK~W
1616 N 16TH ST
BOISE ID 83702
31 E CARLTON AVE
ALGER BRENTON LEE & GWEN M
120 E STATE AVE
MERIDIAN ID 83642-2345
120 E STATE AVE
114 E STATE AVE
NIELSON DENNIS E & JOAN M
1012E 1ST ST
MERIDIAN ID 83642-2304
ZIMMERMAN BRIAN C &
ELIZABETH A
18 E STATE AVE
MERIDIAN ID 83642-2343
MURRI SCOTT W & KATHLEEN
12 E STATE AVE
1VIERIDIAN ID 83642-2343
MICHAEL T & KRISTI L MILLER
121 E STATE AVE
MERIDIAN ID 83642
BRINEGAR E E & VIRGI1~lIA K
-5190 N LOCUST GROVE RD
MERIDIAN ID 83642
115 E STATE AVE
YANKE RONALD C & LINDA L
4414 GEKELER LN
BOISE ID 83716-5240
930E 01ST ST
BIG BEAVER PROPERTIES L L C
6754 COCHRANE DR
MERIDIAN ID $3642-7128
925 E OI ST ST
PAULIN HARRY B & MARGARET
55 E STATE AVE
MERIDIAN ID 83642-2342
BOWEN LARRY M AND CATES GALE A
49 E STATE AVE
MERIDIAN ID 83642-2342
KLINE JAMES M
1058 N PETERSBURG WAY
MERIDIAN ID 83642-4042
43 E STATE AVE
HUDSON HAROLD N SR & DEANNA C
39 E STATE AVE
MERIDIAN ID 83642-2342
SMITH PAUL H
29 E STATE AVE
MERIDIAN ID 83642-2342
BRADSHAW TEDDY C &
BRADSHAW DONNA L
21 E STATE AVE
MERIDIAN ID 83642-2342
THORNEJDANA
12111 W BAND DR
STAR ID 83669
13 E STATE AVE
922 N MERIDIAN RD
HATCHET BLAKE & REBECCA
124 E PINE AVE
MERIDIAN ID 83642-2331
EBORN RICHARD J & MARLENE J
9010 BURNETT
BOISE ID 83709
116 E PINE AVE
ALLISON RICHARD A & TONI E
916 E O1 ST
MERIDIAN ID 83642
JOHNSON JOSEPH A II
4375 ROSE HILL CT
BOISE ID 83705-1361
917EO1STST
VALLEY SHEPHERD CHURCH OF THE
NAZARENE
831E 01ST ST
MERIDIAN ID 83642-0267
5$ E PINE AVE
40 E PINE AVE
RUEPPEL RONALD
46 E PINE AVE
MERIDIAN ID 83642
KEENE JAMES P AND
MANKER KIMBERLEY
36 E PINE
MERIDIAN ID 83642
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
VAN PAEPEGHEM R J & F A TRUST
VAN PAEPEGHEM FERN A TRUSTEE
1490 CAROL
MERIDIAN ID 83642
111 E FINE AVE
830E 1sT ST
PACIFIC NORTHWEST PROPERTIES
4914' DENTON ST
BOISE ID 83706-1943
23 E PINE AVE
~~ ~
. 4t-
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,iII'
Conditional Use Permit Application •
1. Name, address, and phone number of applicant.
Jennifer Oak ,
- 55 E. State Ave.
Meridian, ID 83642
208-884-5173 (h)/208-396-5976 (w)
2. Name, address, and phone number of owner of property.
Jennifer and Jerry Oak
55 E. State Ave.
Meridian, ID 83642
208-884-5173 (h)/208-396-5976 (w)
3. Legal description of property.
L 18 & L'19 B 1 FA Nourse's 2"d add
4. Proof of ownership of subject property and notarized consent of property owner.
" See Attachment A
5. Description of existing use.
The property is currently used as a primary residence.
6. Present use of subject property.
Residential
7. Proposed use of subject property.
I would like to open a retail store that sells weaving, knitting, spinning, and other fiber arts supplies. I
plan to operate the store from 5 pm to 8 pm Tuesday through Thursday and from 10 am to 6 pm on
Friday and Saturday. I expect approximately one customer per hour.
My husband and I also plan to reside in the subject property.
8. The District that pertains to the subject property.
Old Town
9. Thirty copies of a vicinity map.
See Attachment B
10. A plan of the proposed site showing the location of all buildings, parking and loading areas,
traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities,
signs and yard. One site plan, elevations, and list of construction materials for all buildings.
See Attachments C for plan and D for site plan
11. A list of the mailing addresses of all property owners within three hundred feet of the external
...boundaries of the land being considered.
See Attachment E
12. Characteristics of subject property that make a conditional use desirable.
The downtown Meridian area has several retail craft businesses. The subject property is located close
to these businesses and fits in well with this environment. It offers easy access on to, and off of, both
Meridian and E. 1St St. Also, the property is currently surrounded on three sides by businesses and on
the fourth side by a residence with an in-home business.
13. A fee of $275.00 plus $1.73 per 41 property owners listed in #11.
Personal check for $345.93 is enclosed.
14. A statement that the applicant or user of the property agrees to pay any additional sewer, water
or trash fees or charges, in any, associated with the use.
I, Jennifer Oak, agree to pay any additional sewer, water, or trash fees and charges associated with the
use of the subject property.
15. The application verification.
See Attachment F
16. Signed affidavit.
~lstxer~t~
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Jennifer Oak Page 1 o Submitted: 31 August 1999
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Date: 7 Sep 1999
I, Jennifer Oak, give my consent for th
house located at 55 E. State Avenue.
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Jennife .Oak
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Notary ~C'~%~..~0 5 /O OS
e The Fiber House to operate a retail store in my
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State of Idaho
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8151 W. Rifleman Ave /Boise, Idaho 83704 / (208) 377-2700
` WARRANTY DEED
For Value Received
LES G. PAULIN .PERSONAL REPRESENTATIVE
hereinafter referred to as Grantor, does hereby ¢rant, bazgain, sell, and convey unto
JERRY OAK and JENNIFER K. OAK, HUSBAND AND WIF£
hereinafter referred tows Grantee, whose current address is
55 EAST STATE AVENUE, MERIDIAN, ID 83642
the following described premises, to-wit:
Lot 18 AND 1.9 in Block 1 of
t:he Official Plat thereof,
Records of ADA County, Idaho.
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levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements
visible upon the premises, and that Grantor will,warranc and defend the same from all claims whatsoever.
Dated: ugust 16, 1999.
LES G. PAULI
STATE OF IDAHO •~ )
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COUNTY OF ADA )
On This.l6th day of August,. in the year 1999, before me, a Notary Public in and for said State, personally
appeared LES G. PAULIN, known or identified to me to be.the person(s) whose names} aze subscribed to the
within Instrument, and acknowled~e~~,~ame thaC they executed the same.
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Conditional Use Permit Application
55 E. Sfate Ave. -Stick Frame construction
Item Building Materials
Framin Wood 2x4's
Siding Wooden clapboard
Fireplace and chimney Brick
Roof Composite shingles
Walls `` L"ath and plaster (to be relaced with drywall)
Foundation Concrete
Floors Hardwood covered with carpet
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Submitted: 31 August 1999
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PRINTED 1N U.S.A.
CITY OF MERIDIAN
"Hub of Treasure Valley"
33 E. Idaho
Meridian, Idaho 83642
888-4433
~usLOmer s S.
Order No. Date
Name ~/ L
Address
Phone:
SOLD BY CASH C.O.D. CHARGE
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J,
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION.
In The Matter of A
CONDITIONAL USE PERl~IIT
APPLICATION FOR THE
OPERATION OF A RETAIL
FIBER ARTS SUPPLY STORE AT
55 E. STATE ST. MERIDIAN,
JENNIFER OAI~ "THE FIBER
HOUSE",
Applicant
Case No. CUP-99-035
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
RECOMMENDATION FOR
CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS
The above entitled conditional. use permit application having come .before
the City Council on October 12, 1999, pursuant to the provisions of § 11-2-418 E of the
Municipal Code, without a hearing because the subject property is currently zoned Old
Town (OT), and the Planning and Zoning Commission having received comments and
recommendations from affected departments, and being fully advised in the premises, the
Commission finds and concludes and recommends, and good cause appearing:
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 hearing scheduled for
October 12, 1999, before the Planning and Zoning Commission, the first publication
appearing and written notice having been mailed to property owners or purchasers of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 1
^.
,,
record ~~rithin three hundred (300') feet of the external boundaries of the property
onsideration more than fifteen (15) days prior to said hearing and with the
under c
notice of ublic hearing. having been posted upon the property under consideration
P
more than one week before said hearing and the copies of all notices` were made
available to newspaper, radio and television stations as public service announcements;
vin been duly considered by the /Planning and Zoning Commission
and the matter ha g
' October 12, 1999, public hearing; and the Applicant, affected property
at the said
owzzers, and government subdivisions providing services within the planning
Jurisdiction of the City of Meridian, having been given full opportunity to express
J
comments and submit evidence.
2, There has been compliance with all notice and hearing
' meats set forth in Idaho Code §§6%-6509 and 67-6512; and ~§11-2-416E and
require
11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication
and Proof of Posting filed with the staff report.
Commission takes judicial notice of its Zoning, Subdivision and
3.
velo meat Ordinances codified at Title 11 Municipal Code of the City of Meridian
De p
and all current zoning maps thereof and the Comprehensive Plan of the City of
December 21, 1993 Ordinance #629 -January 4, 1994 and Maps
Meridian adopted
and the Ordinance establishing the Impact Area Boundary Ordinance and Map.
4, Givin due consideration to the comments received from the
g
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS ° - 2
•
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will not
impose expense upon the public if the following conditions of development are imposed
and the following is also found to be required to mitigate the effects of the proposed
use and development upon services delivered by political subdivisions providing
services to the subject real property within the planning jurisdiction of the City of
Meridian.
4.1 Conditions requested by the Assistant Planner and Assistant City
Engineer within their Memorandum dated October 6, 1999, be required
as follows:
4.1.1 Sanitary sewer and water to this facility would be via e,dsting
service lines. Plans for sewer and water service will be reviewed to see if
additional load would justify an adjustment. Applicant will be required to
enter into an Assessment Agreement with the City of Meridian prior to
operation.
4.1.2 Parking, signage, walle~vays, and building construction shall meet
the requirements of the Americans with Disabilities Act. The wallc~vay
needs to be a minimum of five feet wide per City Ordinance.
4.1.3 No signage has been proposed, and none is approved with this
application. All signage will be subject to design review and requires
separate permits.
4.1.4 This conditional use permit shall be subject to review upon ten
(I O) days notice to the applicant. No additional space shall be utilized
for retail or other areas without a modification of the conditional use
permit. Transfer of the conditional use permit will need to be submitted
and approved by the Zoning Administrator for any ne~v owners/tenants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 3
~~'
4.1.5 All trash areas are to be enclosed by a screen on at least 3 sides.
Project. implementation period is limited to the requested September 10th
through November 1st period of time.
=1.1.6 The Planning and Zoning Commission further advises the Staff
comment re offstreet parking shall be. revised to require spaces for three
vehicles.
5. The proposed use within the subject application will be harmonious `with
and in accordance with the Meridian Comprehensive Plan and the City of Meridian
.Y
Zoning and Development Ordinance.
6. The use proposed within the subject application will be subject
to the conditions set forth in Finding of Fact no. ~ and will be designed, constructed,
operated .and maintained to be harmonious and appropriate in appearance or intended
character of the general vicinity and that such use will not change the intended
essential character of the same area.
7. The use proposed within the subject application will not be hazardous or
disturbing to existing o'r future neighboring uses.
8. The use proposed,within the subject application will be served adequately
~~
by central public facilities and services such as highways, streets, police and fire
protection, drainage .structures, refuse disposal, water and sewer.
9. The applicant has agreed to pay any additional sewer, water or trash fees
or charges, if any associated with the use.
10. .The use proposed within the subject application will not involve
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PER1Y(IT SUBJECT TO CONDITIONS - 4
i •
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.
11. Sufficient parking for the proposed use of the property will be
provided.
12. The use will not result in the destn.iction, loss or damage of natural
or scenic features of major importance relating to the property.
CONCLUSIONS OF LAW
1. Idaho Code § 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide for the
processing of applications for special or conditional use permits;
and
(B} That a special use permit maybe granted to an applicant if the
proposed use is otherwise prohibited by the terms of the zoning
ordinance, but may be allowed with conditions under specific
provisions of the zoning ordinance, subject to the ability of
political subdivisions, including school districts, to provide services
for the proposed use, and when it is not in conflict with the plan;
and
(C) That upon the granting of a special use permit, conditions may be
attached to a special use permit, including, but not limited to,
those:
1) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 5
4) Assuring that development is maintained properly; ,
~~) Designating the exact location and nature_of development;
requiring the provision for on-site or off-site public facilities
or services; requiring more restrictive standards than those
generally=required in an ordinance; requiring mitigation of
effects of the proposed development upon service delivery
by any political subdivision, including school districts,
providing services within the planning jurisdiction.
2. The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactment of § 11-2-4I8
Municipal Code.
3. Idaho Code § 67-b50~ provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
lcno~vn as the "Local Land Use Planning Act of 1975."
4. The City of Meridian has .enacted the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994.
DECISION AND RECOMMENDATION
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON. THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the Planning and Zoning
Commission does hereby recommend that:
1. The applicant is granted a conditional use permit for operation of a retail
fiber arts supply store, subject to the following terms and conditions:
FINDINGS OF FACT AND CONCLUSIONS.OF LAW
AND RECOMibIENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 6
1.1 Sanitary sewer and water to this facility would be via e.~isting service
lines. Plans for sewer and water service will be reviewed to see if additional
load would` justify an adjustment. Applicant will be required to enter into
an Assessment Agreement with the City of iVleridian prior to operation.
1.2 Parking, signage, walkways, and building construction shall meet the
requirements of the Americans `vith Disabilities Act. The walkway needs to
be a minimum of five feet wide per City Ordinance.
1.3 ~ signage has been proposed, and n e is approved with this application.
All signage will be subject to design review and requires separate permits.
1.4 This conditional use permit shall be subject to review upon ten (10) days
notice to the applicant. No additional space shall be utilized for retail or
other areas without a modification of the conditional use permit. Transfer
of the conditional use pernlit will need to be submitted and approved by
the Zoning Administrator for any new owners/tenants.
1.5 All. trash areas are to be enclosed by a screen on at least 3 sides. Project
implementation period is limited to the requested September 10th through
November 1st period of time.
1.6 The Planning and Zoning Commission further advises the Staff comment re
offstreet parking shall be revised to require spaces for three vehicles.
Ev/Z:\Worlc\1vi\Meridian 15360M\Fiber House CUP\CUPFesDecOrd
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 7
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 THOMAS BARBEIRO VOTED
COMMISSIONER TAMMY DE WEERD VOTED b'¢~~~
COMMISSIONER RICHARD C. HATCHER VOTED ~-e
COMMISSIONER L. KENT BROWN VOTED ~~~n~
CHAIRMAN KEITH BORUP (TIE BREAKER) VOTED ~
,R
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Ey/C:\WINDOWSTEMP\CUPFCS-- I .DAT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 8
1 7
i _.
KATHY 7. EDWARDS
lULts KLe]N FISCIIE2L
WM. F. GIGRAY, ID
D. 3AMI1Fd. 70HN$ON
WII,LIAM A. MORROW
WII.LIAM F. NICHOLS
CHRISTOrt~e S_. NYE
PHQ.IP A. P&1atsON
STNPHIN L. PRUSs
ERIC 5. ROSSMAN
Tonn A. ROSSMAN
R STFPI>EN R[1TfII12FORD
DAVID M. S WARTLEY
TFRR6NCER WH[T&
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A.
ATTORNEYS AT LAW
Z00 EAST CARLTON AVENUE
PosT OFFICE Box 1150
MERIDIAN, IDAHO 83680-1150
TQ. (208)288-2499
FAX (208) 288-2501
E-MAU.: RSR~WPPMG.COM
November 2, 1999
William G. Berg, Jr.
City Clerk
Meridian City Hall
33 East Idaho
Meridian, Idaho 83642
NAMPA OFFICE
104 NrNT2I AvFlvuvESOUTT~
POST OFFICEBOX 247
NAMPA, IDAHO 83633-0247
TEL. (208)466-9272
FAX (208)466-4405
PLEASE REPLY TO
MERIDIAN OFFICE
~CE~D
NOV -5 1999
CPl'Y OF MERIDIAN
Re: CONDITIONAL USE PERMIT APPLICATION FOR THE
OPERATION OF A RETAIL FIBER ARTS SUPPLY STORE AT 55
E. STATE ST. MERIDIAN, Applicant: JENNIFER OAI~ "THE FIBER
HOUSE"
Dear Will:
~` Please find enclosed the original of the Recommendations to the City Council by the
Plarinix>_g and Zoning Commission on the above referenced application. Please note this matter
will be heard before the City Council on November 9, 1999.
Shari Stiles and Gary Smith have been given copies of. the above Recommendations so
they can be prepared at the hearing to specifically address the Recommendations of the
Plarlxling and Zoning Commission.
Very truly yours,
R. Stephen Ruth
Enclosure
ey/Z:\Work\M\Meridian 15360M\Fiber House CUP\CdkEnc.ltr
Meridian Planning and~oning Commission Meetin
g
October 12, 1999
Page 43
Borup: Thank you.
ITEM~7:~ ~"PUBL`IC'HEARING: CONDITIONAL USE~PERMIT FOR~RETAIL FIBER
t~ ~-~ _..~..~._,_. v
ART8-SUPPLY STORE;BY:JENNIFER"OAK-55 E: STATE AVENUE,.
SOLD TOWN. ,
Corrie: I think we can get -yeah. Arid then we'll take a break right after I have No. 9
which I think 8 and 9 will be quick anyway. Item No. 7, public hearing: conditional use
permit for retail Fiber Arts supply store by Jennifer -Oak.
De Weerd:= Mr. Chairman. I just need to go and take some ibuprofen. Please.
Borup: Okay. 30-second break. Everyone hold their seats. Staff can get set up for the
next Item. Okay. Ms. Stiles, who is presenting this? Brad is? Go ahead.
Freckleton: Mr. Chairman, Commissioner's, this application is for a proposed retail Fiber
Arts supply store in Old Towne with a combined residential use. The`Old Towne, as
you-know, is designed for the, in the Comprehensive Plan and the Ordinance,~it is
designed as a mixed-use area by intent. In terms of the intent for having retail next to
residential, it meets, for the most part, the intent of the Comprehensive Plan and the
Code. The primary issue which you can't see by this design, but you should have
presented to you in your packets, I would just point out that if you follow along the back
-the primary issue on this'according to staff comments that's brought up is the issue of
parking. The combination of the square footage of the retail and the square foots"ge of
the residence. requires five off-street parking stalls.... Staff would recommend that one
option to consider would be off-alley parking in order to possibly accommodate that. I
believe the ratio was three stalls for the retail and two stalls for the residential which
makes the five off-street parking, and then going back, there are the main uses around
- Nazarene Church is located here. on the south side of Pine. There are issues of
parking related on the weekends related to the use of that facility. The off-street parking .
is an issue for downtown. Old Towne, but because of the already~congested nature of
this area, we feel that the five°off-street parking is important. I think with the long
driveway it's possible to get a couple of cars there. Then off-street in the alley a couple
there. They could meet the requirements. I think that's all ~we have.
Borup: Okay. Thank you. Any questions from the Commission?
Freckleton: And note for the signage as,well, sir.
Borup: (inaudible) Nurriber 3 that no signage has been -
Freckleton: Requested, you mean? `
Borup: Is that what you were referring to?
Meridian Planning an~oning Commission Meeting
October 12, 1999
Page 44 '
Freckleton: Correct, to the Item -
Borup: Item No: 3?
Freckleton: Three on the staff comments? Yeah.
Borup: Okay. Is the applicant here this evening? Would you like to come forward and
address the Commission?
Oak: Good evening. My name's Jennifer Oak of 55 East State Avenue. As they
explained, I'm in here to request a conditional use permit to operate a retail store out of
my home. It's aloes-volume store and it'll be operated a limited number of business
.hours, 5:00 to 8:00 p.m. on Tuesday, Wednesday and Thursday; 10:00 to 6:00 p.m. on
Friday and Saturday, so a total of 25 hours a week. I estimate one customer per hour,
so a total- of 25 customers per week as well. There is one clarification I'd like to make.
There is a sign in my proposed site plan that you couldn't see because it was too light.
There's a sign location, but I did not provide any sizes, and I did bring size details with
me tonight, so I'd like that to be considered with my application as well. f have that on
overhead, but I do not have a hard copy. I'd feel free to give. you guys my over head.
The sign, proposed size, is 3 feet 4 inches by 3 feet 2 inches. Can I set this up?
Borup: Maybe we could make a quick copy. Okay. Go ahead. We'll try to get a quick°
copy. She says it's 3 feet 4 inches by -
Oak: Three feet two inches.
Borup: So essentially 3x3?
Hatcher: Less than 10 square feet.
Borup:,, Okay. Did you have any other comments of any of the staff -staff comments or
recommendations?
Oak: I looked at parking a lot because I know that was a concern of both my -some of
my neighbors as well as Planning and Zoning, and I didn't see on-street parking to be
as big of an issue as everybody else did, and I did a study, it's by no means an
extensive engineering study, but I did a study this past Friday of the number of spaces
available and the number that were taken at any time during the day, and I took some
digital pictures as well, so I have those if you'd like to see them. What I found is there's
approximately 39 on-street parking spaces on that street, and the way I came up with
that number is there's six houses with driveways and nine houses without driveways. I
figured for houses with driveways, you could fit two cars in front of the house and for
driveways you could fit three cars in front of the house, so that equals a total of 39
available on-street parking spaces. I also went out two hours each day at 10:00 a.m.,
Meridian Planning an~onin Commission Meetin
9 g
October 12, 1999
Page 45
12:00 p.m., 2:00 p.m., 4:00 p.m. and 6:00 p.m. and counted the number of cars parked
on the street. The average number of cars parked at any one time was 11.4 cars. So
obviously, there's 27 available spaces, on average, this was last Friday, by no means is
this representative of every. day, but this is one day to point, so 71 percent of parking is
available on the street. Now, with my low volume, I'm obviously not going to take up 27
spaces. I think three spaces off-street for my retail is more than adequate. I don't think
I'm ever going to use three off-street spaces at the same time. If there is any chance of
lowering that, I'd like that to be considered as well.
Borup: Do you know what the width of your property is?
Oak: It's 60 x 120 deep.
Borup` So your driveway is probably close to 100 feet?
Oak: Deep? Yeah.
Borup: 90 to 100 feet?
Oak: Yes.
Borup: Okay. Any question from the Commission? None? Do you want to take a look
at the sign design? Sure? Now that they're making copies?
Oak: And the sign drawing just shows approximate size -it's by no means artwork of
any kind.
Borup: Did you have anything else for the record that you'd like to submit?
Oak: No, I don't.
Borup:. Okay -
Oak: I'd like to submit my digital pictures of the parking on-street and my calculations
for that, too, if you're -
Borup: Okay. From your alley access, is that lawn in that area?
Oak: It is currently grass, yes. So there's two views on the drawing that Shari's passing
out. The one on top is the top view, and the one underneath it is a front view. I'm not a
photography by .any .means.
Borup: Did everybody get one of these?
(inaudible discussion amongst Commissioners)
Meridian Plannin an~onin Comm' •
9 g fission Meeting
October 12, 1999
Page 46
Borup: Shari, did that - do you have any other comments, questions on the sign? That
handle any concerns? Okay.
Oak: There is actually one more comment I'd like to make about the parking. The 11.4
average number of cars parked on this street that I mentioned, out of those 11.4 at all
times during the day, two of those were people that are helping us remodel our house,
and two of those are employees of Texaco. That -obviously the two people that are
helping us remodel our house aren't going to be there on a regular basis, so that would
decrease the number of cars to 9.4.
Borup: You've got easy two cars on the front of your property that can park on the
street.
Oak: Yep. Two long-bed trucks, three short-bed trucks..
Borup: And 80 to 90 foot driveway...:
Oak: Yes.
Borup: And if there was a problem, are there any trees -your site plan doesn't show
any trees or anything in the back off the alley that would -
Oak: There is one tree, and we believe that if~we had to put off-street parking off the
alley that we could get in three spaces without having to cut down the tree.
Borup: Okay. Commissioners, any other questions? Thank you. Do we have anyone
here that would like to testify on this occasion? Yes, sir. Come on up.
Bever: My name is Tim Bever, my address is 6754 Cochrane Drive. We own the
building immediately to the west on East First that backs up -excuse me, on the east.
that is on -East First and the subject house is right behind our building. The parking
situation in that part of town is chronic. I've watched it five years. We have many, many
problems, much like she illustrated. Texaco people park along our side of the road
because they don't want them in their parking lot. They provide parking for everybody
but their employees. The driveway between the two properties is on the property line,
so if it's used for parking, that will -there is no buffer other than the space between the
.property line and our building. We're not opposed to development in Old Towne, but
parking has to be addressed. It's becoming a negative effect on the downtown. We
experience it with our tenants. There is no parking enforcement in Meridian other than
a few signs, but there is no enforcement. This is just an area that I think if this
development's going to continue, it's a 65-foot lot with 10-foot driveway. It's a 55-foot
lot. That's just our concern. We're not opposed to the development. We think there's
ample room in the backyard with removal of the tree :and the old garage to put probably
five parking spots there which does not address the Americans with Disability Act
Meridian Planning and Zoning Commission Meetin ~ •
9
October 12, 1999
Page 47
parking requirements on new developments, and this is our only problem we have with
the development is the parking. You've got to start providing with a -little bit of parking
because there is a building immediately across the street that has no parking but off-
street parking. or on-street parking. This is - so we're kind of in agreement with staff.
It's just parking. I don't know if you've been downtown on Wednesdays when they have
Bible Study and 600 people show up and it becomes -it's great (inaudible) downtown.
Don't get me wrong, but if there's no place to park, people don't want to come
downtown.. That's basically all I have to say.
Borup: Okay. Any questions for -you say you own the building -you referred to it as a
building. What does the use to that? Is that a residence?
Bever: It's an office building. It's on East First. It's got little blue awnings on it.
Borup: Okay. Right.
Bever: It used to be the Ambrose Plaza and we remodeled it. The driveway behind it is
a property line driveway. As used as a residence, it was not a big issue, but if it's going
to be six~cars deep, that kind of thing, it's not paved. These are just -it's parking.
Welcome to downtown Meridian. That's our only objection.
Borup: And you're concerned it will disturb the people in your building?
Bever: We're already have a problem with parking in downtown Meridian. We have -
Borup; No. That wasn't my question. You're concerned that them parking in the
driveway will disturb your tenants?
Bever: Not disturb it. It's just what degree of parking, because you've got 100-foot strip
there, you're going to put six cars in there? Seven cars in there? It's quite - I think
there's about six foot buffer behind our building to the edge of the parking lot, and -
Borup: And do you know what the~hours of most of your tenants?
Bever: They're eight to five, the attorneys are in there on the weekends, Saturdays, it's
- I don't monitor them. (inaudible)
Borup: Okay. (inaudible) Thank you.
Bever: Thank you.
Borup: Anyone else? Come on up.
Bowen: Yes. My name is Larry Bowen and I live at 49 East State Avenue. I'm directly
west of the subject property. Couple things have been brought up as far as parking. It
Meridian Planning and~oning Commission Meetin
9
October 12, 1999
Page 48
really is a problem. I've been there for 13 years. I have a-conditional use permit myself.
When I came to the Commissioners for conditional use permit, what was sort of seemed
to me was the fact that my customers couldn't-impose their parking on th'e neighbors.
She brought up there's 39 parking spots, but the problem is that then the customers-will
be parking in front of the neighbors. Her hours are Friday night: About two doors down
and across the street, Alan has Bible Study,Friday night, and the street is just full. They
park in front of my place, they just cover the whole street Friday night.
Borup: Friday night at what time?
Bowen: Anytime 6:00 on.
Borup: What if her hours were closing at 6:00?
Bowen: Pardon?
F
Borup: Her hours ended at 6:00.
Bowen: I thought it was 6:00 to 8:00.
Borup: 10:00 to 6:00.
Bowen: 10:00 to 6:00 on Friday? Okay. I've had vehicles from that night spend the
night there and. they're in front of my place. They didn't mention that there is the trophy
business across the street that does not have off-street parking, so the people park on
the street. The lady across, next to the trophy place does not have a garage or
driveway, and I've - like I said, I've lived there 13 years, and what has happened is the
-parking for Ambrosia Plaza because they developed that street, they've eliminated a lot
of parking for the clients on First Street. So they fall over onto State Avenue. They're
from -like there's two spots on the corner by the stop sign, they usually take up those.
Circle K or Texaco now, their employees park in front of their place, and my place and
across the street. There's atwo-hour parking sign there, but it's totally ignored. It's not
enforceable. People park there all day without, being concerned about being towed
away or anything. The problem that I see the impact is that if you don't address the
parking situation, basically it's just going to go down the street. That means that people
are going to park in front of my business which means that my people are going to now
park in front of the neighbors which I try to not to have them do. We're even getting
fallout form the Cottage Expressions which is on the other side of Texaco. I've seen
people parkin front of the trophy place, walk pass the Texaco and go to bunch over
there. That's usually on Saturdays. So it's a big problem there, and it's just building up.
Borup: Any questions for Mr. Bowen? Thank you. Anyone else wish to come forward?
Okay. Commissioners, is there anyone else you'd -like to ask any questions to from staff
or the applicant? Then we ought to proceed. '
Meridian Planning and~oning Commission Meeting •
October 12, 1999
Page 49
Barbeiro: Mr. Chairman; I move we close the public hearing.
Borup: Okay. I have a motion to close the public hearing. We don't have a second
yet?
Hatcher: I second it.
Borup_ Motion is seconded: All in favor?
MOTION CARRIED: ALL AYES
Borup: Discussion
Barbeiro: Mr. Chairman, is this a recommendation to City Council or a Findings of
Fact -
Stiles: This is Findings.
Borup: Right. This is Old Towne, so there'd be the one public hearing.
Barbeiro: Has there been any precedents set in the recent past in regards to Old
Towne? Have we - I know there's a lot of residential houses down there that have
been converted over into business and whatnot, and Iguess -are we, have we typically
been requiring the off-street parking, you know, pretty much cut and dry -has there.
been some fluctuation given each condition? I mean, prior -
Borup: Staff may wish to comment. I think that most -the closest one is probably the
bridal shop to this area.
De Weerd: Wasn't there someone further down State? Wasn't it State that just came
before the Commission?
Borup: Oh. Yeah. The office building? Yes. That -they did have parking off the alley
for the office building.
Barbeiro: Doesn't Epi's have off-street parking behind the building and Cottage
Expressions and Red Door? What about Red Door or whatever that place is called?
Borup: And if any special thing had been given, it was probably looked at the nature of
the business and, at least in my mind, how much traffic is that particular business going
to generate. At least I know that was one of the considerations for the bridal shop was
a fairly low traffic business. (inaudible)
De~Weerd: But didn't they have to do something in the alley? They had to do some
parking in the alley.
Meridian Planning and~oning Commission Meeting
October 12, 1999
Page 50
Borup:- Did they ever do it?
Stiles: They just recently have paved parking spaces in, they haven't striped-them yet, I
don't think they have put in their handicapped parking space and ramp yet. But they are
still required to do that as part of their conditional use permit or it will be revoked.
Borup: But they did not-have a driveway from the front, did they?
Stiles: No.
Borup: They had no driveway at all. It was no curb cut or anything onto the street, so
that was the only off-street parking that they could -available would have been from the
alley.
De Weerd: So you're suggesting that they can park in the driveway
Borup: Well, I think that's already been stated. I mean, it - as far as customers, you
probably talking only one. You know, the residents can certainly fill up - I think Shari
was saying two residents, three business? I mean Brad was? So you certainly get the
two residents on the driveway. You're not going to want to stack business use.
Barbeiro: Even if you had one or two clients -
Borup: With off-street and on-street parking, you know., they'd have two on the street
and one off-street. 1-you know, one option - well, I don't know. Maybe it's not an
option. Is if the traffic from the business is more than what their own property can
accommodate, that may be the time to add additional parking. Can that type of
stipulation be -
Stiles: Who is going to do that?
Borup: it'd be on the conditional use process which as the standard statement is can be
revoked at any time. Isn't that the verbiage?
Stiles: Are we going to stand out there and watch?
Borup: Oh. Well, no.
De Weerd: Yeah. You can.
Stiles: It would be extremely difficult to enforce that. The existing driveway they have is
not paved,. so to meet our requirements, they would need to pave. We did have a
suggestion that maybe they could have their two residential spaces in their driveway
once they pave it, and then they are going to have to provide handicapped accessible
Meridian Planning an~oning Commission Meeting
October 12, 1999
-Page 51 ,
entrance to their home, so maybe the third space back they could make a handicapped
space with a ramp to get into the building and then provide two off the alley. I mean,
that was a suggestion that we had. Like Paisano's, they did come through with a
conditional use permit. They didn't. have adequate off-street parking to meet their
requirements, so they got a variance. They requested and received a variance.
Borup:. Which -okay. Does that answer some of that?
De Weerd: Shari, in suggesting that, what was -was the applicant responsive - I
mean, was that an option`for them?
Stiles; I believe Steve talked to -her, to the applicant, but I don't. know what her
response was. I mean, that was just our suggestion as trying to work out some kind of
compromise that might work.
Hatcher: 1Nould the "applicant like to respond to that?
Borup: Well, we need to re-open -didn't we just close the public hearing?
Hatcher: We did.
De Weerd: I move that we re-open the public hearing.
Borup: Well, we may - I guess my concern is the same as it has been on the others of
this type is we need to be concerned about what we approve in the City, but I think we
also need to be cognizant of a small business with limited hours of operation and not a
lot different than a home business. If we put so many restrictions that they can't -
De Weerd: Well, that's why. l would like to hear from the applicant on -
Borup: Okay. Let's re-open the public hearing. If the applicant would like to come up
and respond to -
De Weerd: Hey. Mr. Chairman, I would move that we re-open the public hearing.
Hatcher: Second.
Borup: Thank you. We have a motion and seconded. All in favor?
MOTION CARRIED: ALL AYES
Borup: Did you understand the question?
Oak: Once again, Jennifer Oak, 55 East State Avenue. I'm not opposed to complying
with the recommendation from Planning and Zoning; however, I don't think it's
Meridian Planning and'Zoning Commission Meeting
October 12,.1999
Page 52
necessary. I don't think five spaces for my business is going to be needed or used at
any time during my hours of operation. I'm willing to pave my driveway and use that for
my two residential and my ADA parking and then use the two in front of my house which
would also provide five total spaces. I think that's more than adequate. If I have to
pave the back, I have to pave the back. I just don't see that it's necessary at this time.
I'd also be willing to re-evaluate that at some further time; verify if my customer - if I'm
so wildly successful that I have to put spaces in, you know, then I want places for my
customers to be able to park as well, and I wouldn't be opposed to that.
Borup: Additional questions? Did that answer your question, Tammy?
De Weerd: So there is no parking in the back at this point?
Oak: There is not.
De Weerd: For your residence?
" Oak: No. Just the driveway is -all there is.
De Weerd: Shari, how can that be built into a conditional use permit that if this business
does become more than one customer an hour, can that be re-assessed? How can that
even be measured?
Stiles: I'm not going to. It would just -that would just have to be on a complaint basis,
you know, which one of the neighbors every time there's two cars out there,..they're
going to be calling us. And what do we do? Go out there and camp and say, "Oh. Yep.
There's two people in there at one time." It would be~ impossible. I mean, unless you're
going to make acondition - I guess you could make a condition. She can only have
one customer at a time and she can only be open during those specific hours, and if
she's open at any other time, we could revoke the conditional use permit. But, l mean,
we don't wish that on her that -hopefully she will be successful.
De Weerd: We might as well be consistent with our businesses in these homes
because they will start having more and more.
Borup:. Which is the other question. She's surrounded on all sides by businesses. Do
we any of them .have the same requirements?
Stiles: If they are working under a conditional use permit, they had the same off-street
parking requirement.
Oak: I don't believe that that's the case. I don't think that any of the people - I know
the bridal shop just added their off-street parking, they have two spaces, and their
house is two-story. It's huge. My house is 900 square feet and they want five spaces
Meridian Planning and~oning Commission Meeting
October 12, 1999
Page 53
for my house and they want two for 1600 or 1800 square foot house for the bridal shop.
I don't know -
Borup: How much (inaudible) are you allocating to your business?
Oak: 500 square feet.
Borup: 500 for the business. "
Oak: Yes.
Borup: Does the trophy shop have off-street parking?
Oak: They have two spaces. I believe they use them for their employees, not for their
customers. y
Borup: And your neighbor to the west?
Oak: I don't believe he has any off-street parking, but I don't know. He's the one that
testified, so you could ask him.
Bever: We signed an agreement, an easement agreement with the City -
Borup: You need to come up. The question is do you have any off-street parking.
Oak: He's to my east, too.
Borup: Yes, sir.
Bever: We have lateral parking in front on the -six spaces off of East First where you
go .in -
Borup: Oh. On the property to the west.
Bever: Yeah. The issue is about money here --
Borup: The question was on your property to the west, do you have any off-street
parking?
Bever: I'm east.
Barbeiro: He owns the (inaudible)
Bever: To the north of my lot, on the right side (inaudible) -
Meridian Plannin andZonin Commis '
g g sion Meeting
October 12, 1999
Page 54
Borup: Well, that wasn't my original question.
Bever: 1 didn't understand your question. You said (inaudible).
Borup: I'm sorry. We've got the wrong individual. Pardon.
Bever: May f speak again later?
Borup: Go ahead now while you're here:
Bever: The thing -they can -they have ample room. We're not trying to kill the
pro}ect. They got a big tree and an old garage in the back yard. There could be five
spots in there, and there would be no problem -the garage, I don't know.
Borup: The problem -
Bever: The problem I got is that it's going to impact my business.
Borup: The reason it impacts your business is because you don't have adequate
parking. .
Bever: Well, that building's been there for 42 years
Borup: Well, this house has been there longer than that.
Bever: It's been a business for 42 years. I'm sorry. °
Barbeiro: And how many spaces do you have?
v
Bever: Well, there are six in the front -
Borup: And how many square feet is your building? ,
Bever: 4500 square-feet.
Borup: Okay.
Bever: It's -there's room for parking behind that building and access from the alley. I
have no agenda here not to put them in business or anything -
Borup: You want your customers to park in front of her house.
Bever: No, the people from Texaco park in front of her house. Their employees. The
people,from Paisano's park in front of my building; and my people park down past
Nazarene Church, and that's kind of the problem right there. It's - Circle K guys get
Meridian Planning andZoning Commission Meeting
October 12, 1.999
Page 55
there 5:00 in the morning: They stake out their parking spots, and those are never
available. Never. And those are not our tenants. We have asked the church which is
next to the bridal shop. There's a large parking lot that the church owns that has given
permission - that's, I think, that was an issue that the bridal shop deal that that was part
of the reason that they only got two spots is because the church says you can use that
lot.- -Some of our clients park in that lot, also, we asked for permission, the church has
been really great about it.
Borup: You've got different hours of operation.
Bever: We've tried to buy it from them because they're selling, but they're not- selling.
It's -that's what I have to say.
Borup: Okay. Any other questions? Thank you. Mr. Bowen. Am I remembering the
.right name there? Did you have any off-street parking?
Bowen: 'No, I don't.
Borup: Okay. Thanks.
Bowen: I'm not required to.
Borup: Did you say you're operating a business?
Bowen: My conditional use permit says that I have adequate parking in front of my
business as-long as I don't impose the neighbors' parking; in other. words, I don't have
my customers park in front of the neighbors' house. To this point, I don't think that'has
happened. My business is a photography business, and I am by appointment only, and
I have like one car come. at a time, and I have two spots in front of my house, and I have
a 60-foot driveway. The question that comes to me is with my driveway, is if 1.have a
customer park in my driveway and I come home or somebody comes home, if the
customer is there, where do I park? I have to park on the street. So if she has
customers in her driveway and they come home, where do they park? They,park on the
street. They have to park in front of someplace until their customer leaves, then they
can pull their car in the driveway. If they want to leave, then their customer is there,
they can't get out. There's no -driveway's only one way. So that's a question I have is,
say, for instance, they have a customer and somebody comes to their house, they're
going to park in the street, and that's going to create a problem there. With Texaco
across the street on Saturdays is people park there, their truck and trailer rigs and run
across the street and get coffee. I know that's only for a small period of time, but if you
have a customer come in at that time - I have pictures: of people who park in front of my
place who were at Circle K and my customers had to park next door while they came to
me. It's just backs up.
Meridian Planning and~oning Commission Meeting
October 12, 1999 z
Page 56 '
Boru :Oka .Thank o
p y y u. Commissioners have any other questions for anyone they d
like to pose before we close the public hearing?
De Weerd: When they pave the driveway, is it going to be wide enough that they can
put two-cars side by side?
Borup: Not the existing driveway.
De Weerd: So how can they have the ADA handicapped drive- parking spot up there?
Stiles: It'd -have to be (inaudible).
(inaudible)
De Weerd: Behind what?
(inaudible) residential parking, cars would be here and (inaudible).
f
De Weerd: (inaudible)
Barbeiro: I move that we close the public hearing.
Hatcher: I second that.
Borup: We have a motion to close the public hearing. All in faWOf? Any other
discussion? It sounds like it may be appropriate for a little bit prior to a motion.
De Weerd: Nay.
Borup: No other comment?
De Weerd: I would like to know on this driveway if you could n,
that they could go out their alley.
Borup: They'd have to remove the building.
De Weerd: Well, why couldn't they just put a door on the other
Borup: I don't believe it's a garage.
De Weerd: I guess that's not an option. I was just trying to be
Borup: Okay. Anyone else? Mr. Hatcher, Barbeiro, Brown, any` comments?
Discussion? Anybody ready for a motion? I'm ready.
t
that a through so
e of it? Oh.
I think I'll just -
Meridian Plannin a
g nd~oning Commission Meeting
October 12, 1999
Page 57 .
Brown: I recommend approval of CUP 99-035 for a condition I use permit for a retail
-and residential use for The Fiber House at 55 East State Street by Jennifer Oaks.
De Weerd: And to instruct the Cit Attorne to do Findin s ofFacts and Conclusions of
Y Y g
Law and adopt the staffs requirements including the requirement for the five off-street
parking spaces and that the applicant work with the staff to come up with those spaces.
Unidentifiable: That's State Avenue, not State Street.
/'
Borup: Okay. Yeah. 1t does say State Avenue.
Brown: State Avenue.
Borup: Approval of signage as presented? You modify this -staff comment had the
(inaudible) proposed.
Brown: I would accept that amendment that they approve the i na a in condition three
9 g
-per their application that they've submitted tonight.
Borup: Okay. We have a motion.
De Weerd: Second.
Borup: Second. Discussion? No discussion. Commissioner Hatcher, are you ready to
say something?
Hatcher: Well, yeah. I do have to say something. I'm not - I'rri all for approving the
project, bout I'm tentative in approving the motion that was just given. I think that off-
street parking is vital to help alleviate the downtown problem that's going to just
.consistently exist. But on the other hand, due to the current prcposed use of this other
retail facility, I :think that five off-street parking stalls is rather exressive use. It just - I
think there should be a happy medium somewhere between there. They provide the
off-street parking, but I don't think that five's necessary.
Borup: I think the number five came per code.
Hatcher: inaudible -
( )
Boru I uess the concern I'd have it's not consistent wi h th r
p 9 t e su rounding properties.
Hatcher: Yeah. We're going to enforce -
Borup: They've got full-time businesses that don't have -
Hatcher: Any of the neighbors, none of the neighbors do -
F
', ~ - ~ ~
Meridian Planning and`Loning Commission Meeting
October 12, 1999 ~.
Page 58 ..
Borup: Eight hour a day businesses. Shari, did you state that you feel as far as staff
recommendation this is what it needed to be. The other option is to ask for a variance.
Stiles: Yes.
Borup: And at this point, it's not something you. feel there's an option to approve as-is,
the.proper procedure would be to ask for a variance and then take a look at it at that
time?
i
Stiles: I believe so, yes,.
:~
Borup: Does the applicant understand that? Does that help any? I don't know. What
would. the variance -would the variance come back to us? To City Council?
Stiles: Yes. AI! right. That's true. Ordinance - it would go under the City Council.
Barbeiro: So we can go ahead then and approve the Findings of Facts and
Conclusions of Law then she would go to City Council after that?
Borup: No. Just if she asked for variance. The other choice is to approve it with
however we want to change it. With two off-street. parking or, you. know, one plus her
personal residence parking.
De Weerd: But we're approving per our own city ordinance. That's - i agree. I don't -
Borup: But~the city ordinance is - ~~
De Weerd: -- think that she needs five at this point, but it's our -
Borup: Did the Trophy House ask for a variance?
Stiles: I wasn't here when they came in. I don't know.
Borup: Yes, you were.
Stiles: No. I wasn't.
Borup: That's the same one that used to be over on Franklin. They've only been there
Stiles: No. It was already approved under a conditional use -
Borup: For a business.
Meridian Planning and~oning Commission Meetin
October 12, 1999 g
Page 59
Stiles: -- for a book store.
Borup: As a book store.
Stiles: Yeah. A
Borup: And that was close enough to the same usage.
Stiles: Yes. So they applied for a transfer which didn't involve any public hearings.
This application will go to the City Council, but it will just go with your findings and
recommendation. They will take the final action on it when the - on the application.
Borup: But they're not likely to (inaudible) no public testimony: They're not likely to
change the Findings.
Stiles: Not likely.
De Weerd: Well, they normally don't even ask for comment.
Borup: So if the recommendation and motion is as per ordinance, City Council is not
going to change anything. If the motion was not in compliance with city ordinance, then
the City Council would.. have the option right at that time to make a change without -
yeah, they'd be discussing it without it going to a variance application. Which -well, we
don't have a second. Oh, yeah. We did get a second. We're in discussion.
Hatcher: Well, I personally'feel that we should modify the motion to reduce it from five
parking spaces to three.
Borup: Okay. Do -
Hatcher: (inaudible)
Rutherford: Point of information. I think the appropriate procedure would be for you to
vote on that motion, and then if there are other - if it's defeated and there are other
motions, the Commissioners want to make that, that would be the time to change that.
Barbeiro: Commissioner Brown also has the option of amending his motion.
Borup: So you're saying you want to let your motion stand, Commissioner?
Hatcher: I wish to withdraw my second of Commissioner Brown's motion.
De Weerd: I believe I was the one that seconded it.
Hatcher: Oh.
Meridian Planning an~oning Commission .Meeting
October 12, 1999
Page 60
De Weerd: You can withdraw yours, though. w
Borup: I take it your not withdrawing your second?
De Weerd: I -
Borup: Okay. Let's vote on the motion. All in favor? Opposed? We have a tie vote.
I'll vote nay. Someone have an alternate motion?
Hatcher: Mr. Chairman, I move that we recommend approval to City Council,
conditional use permit of the retail Fiber-Arts Supply Store,by Jennifer Oak to include
staff comments as written,with one modification changing the required off-street parking
from five spaces to three.
Barbeiro: I second the motion.
Borup: Motiori is seconded. Any discussion? All in favor?
MOTION CARRIED: THREE TO ONE.
ITEM 8. PUBLIC HEARING: ANNEXATION AND ZONING OF 4.34 ACRES
FROM C-2 AND R-8 TO C-G (WALGREEN'S) BY HAWKINS SMITH
MANAGEMENT, INC.-NW CORNER OF FAIRVIEW AND LOCUST
GROVE ROAD:
Borup: Thank you, Commissioners. Do we have anyone here from the public that is
here to testify on Item No. 8 and 9, the Walgreen's Store? Show of hands if there are.
And. is the applicant here? Okay. Let's - I'd like to open the public hearing: Annexation
and zoning of the 4.34 acres from C-2 to R-8 and R-8 to
C-G, Hawkins-Smith Management. I'd be open for a motion to continue this hearing.
De Weerd: Mr. Chairman, I move that we continue this until our November 9th meeting..
Hatcher: I second it.
Borup: Motion is seconded. All in favor?
MOTION CARRIED: ALL AYES
ITEM 9. ~ PUBLIC HEARING: CONDITIONAL USE PERMIT TO CONSTRUCT A
SINGLE TENANT COMMERCIAL BUILDING WITH A DRIVE THRU
WINDOW (WAL'GREEN'S) BY HAWKINS-SMITH MANAGEMENT,
INC.-NW CORNER OF FAIRVIEW AND LOCUST GROVE ROAD:
hlay~r ,~ rrtis (Jh ['KLASURE VALLEY
ROBERT D. CORRIE A Good Place to Live ~ LEGAL DEPARTMENT
2~
City Cuuncil Members C~I'Y OF ME
RIDIAN (
8> 288-2499 • Fax 288-2501
CHARLES ROUNTREE PUBLIC WORKS
GLENN BENTLEY 33 EAST IDAHO BUILDING DEPARTMENT
MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297
RON ANDERSON _ (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
KEITH BIRD Ci[y Clerk Fax (208) 888-4218 DEPARTMENT
(208)884-5533 • Faz 887-1297
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELO P
MENT 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: September 28 1999
TRANSMITTAL DATE: September 13 1999 HEARING DATE: October 12. 1999
FILE. NUMBER: CUP-99-035
REQUEST: RETAIL FIBER ARTS SUPPLY STORE
BY: JENNIFER OAK "THE FIBER HOUSE"
LOCATION OF PROPERTY OR PROJECT: FIRST HOUSE WEST OF EAST 1ST AT 55
E. STATE AVENUE
TAMMY DE WEERD, P/Z
KENT BROWN
P2 MERIDIAN SCHOOL DISTRICT
,
THOMAS BARBEIRO
P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
,
-RICHARD HATCHER, P2 ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
-KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH
-ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT
RON ANDERSON, C/C
CHARLIE ROUNTREE
C/C SETTLERS IRRIGATION DISTRICT
-
,
KEITH BIRD
C/C IDAHO POWER CO.(PRELIM & FINAL PLAT)
,
GLENN BENTLEY, C/C
~ U.S. WEST(PRELIM 8~ FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
~i1NATER=DEPART'MENT.~~, BUREAU OF RECLAMATION(PRELIM & FINAL)
-SEWER DEPARTMENT
_SANITARY SERVICE
BUILDING DEPARTMENT
FIRE DEPARTMENT YOUR CONCISE REMARKS:
(j~,(/~,4..~~J'
-POLICE DEPARTMENT - ,,
-CITY ATTORNEY
-CITY ENGINEER•
-CITY PLANNER
RE°E~~
SEP 2 8 1999
CITY OF ME~,IDIAN
~.+':..a L .. r ~
C~4eriuian City
Water Saperintencknt
• HU6 OF TREASURE VALLEY •
Nfuyor
ROBERT D. CORRIE
A Good Place to Live LEGAL DEPARTMENT
C~~
~~~
~~ ~1
e
CITY OF MERIDIAN (208) 253-2499 • Eax 288-2501
y
~,~
zni
e~s PUBLIC WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 337-2'211 ' Eas 837-1297
RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
KE[TH B[RD City Clerk Fax (208) 888-4218 DEPARTMENT
(203) 884-5533 • Faz 587-1297
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: September 28, 1999
TRANSMITTAL DATE: September 13, 1999 HEARING DATE: October 12, 1999
FILE NUMBER: CUP-99-035
REQUEST: RETAIL FIBER ARTS SUPPLY STORE
BY: JENNIFER OAK "THE FIBER HOUSE"
LOCATION OF PROPERTY OR PROJECT: FIRST HOUSE WEST OF EAST 1ST AT 55
E. STATE AVENUE
TAMMY DE WEERD, P/Z
KENT BROWN, P/Z
THOMAS BARBEIRO, P/Z
RICHARD HATCHER, 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
SANITARY SERVICE
_BUILDING DEPARTMENT
'~-.~FIREDEPARTMENT~r 9
POLICE DEPARTMENT
CITY ATTORN EY
+CITY=ENGINEER
+CITY' PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT}
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT}
BUREAU OF RECLAMATION(PRELIM & FINAL)
YOUR CONCISE REMARKS: ~/~ ~`
M . HUl3 OF TREASURE VALLEY .
ayor
ROBERT D. CORRIE
A Good Place Co Live LEGAL DEPARTMENT
Cit
C
il M
b
CITY OF 1VIERIDIAN (208) 288-2499 • Fax 288-2501
K
y
ounc
em
ers PUBLIC WOR
S
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297
RON ANDERSON (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
KEITH BIRD Cit Clerk Fax 208 888-4218
y ( ~ DEPARTMENT
(208)884-5533 • Faz 887-1297
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: September 28; 1999
TRANSMITTAL DATE: September 13, 1999 HEARING DATE: October 12, 1999
FILE NUMBER: CUP-99-035
REQUEST: RETAIL FIBER ARTS SUPPLY STORE
BY: JENNIFER OAK."THE FIBER HOUSE"
LOCATION OF PROPERTY OR PROJECT: FIRST HOUSE WEST OF EAST 1ST AT 55
E. STATE AVENUE
TAMMY DE WEERD, P/Z
KENT BROWN, P/Z
THOMAS BARBEIRO, P/Z
RICHARD HATCHER, P!Z
KE1TH BORUP, PIZ
ROBERT CORRIE, MAYOR
RON ANDERSON, C/C
CHARLIE ROUNTREE, C/C
KEITH BIRD, C/C
GLENN BENTLEY, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
SANITARY~SERVICE~
BUILDING DEPARTMENT
_FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM & FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL)
YOUR CONCISE REMARKS: ~ • S . E . 1.(,a.s r,.) o
~QaBc-s.vL o!? Ccmnt ~,r o ~ -rocs ~.v c~c~_
9-a~- SS
application.
Sincerely,
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH: dln
Cc: File -Shop
File -Office
Water Superintendent
r~
gEoE~D
SEP 2 3 1999
CITY OF MERIDIAN
• . ~ • • ~• •
J
.~
~,
~~#
~;
The Nampa & Meridian In-igation District has no comment on the above-referenced
ORGANIZED 1904
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
Re: CUP-99-035 Fiber Arts Supply Store
Dear Commissioners:
~, 1999
vvw aery, ut,y Clerk
Meridian G'ty,Hall
33 East Idaho
Meridian, ID 6364
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
_ ~ ., '- ..
.. aS 1: f-.: ..
, ,
`•CENTRAL CE TRAL`DISTRICT HEALTH. DEPARTMENT a`.
•• D~STR~CT Environmental Health Division' •
. ~~RHEALTH .. ~ ~ . Retuo Boise
DEPARTMENT ' R,~CE" `" L' D ^ Ea le
S
~ [Garden City
Rezone # ~' ' 9EP 2 1 1999 ~$l~,
Conditional Use # C ~ "~ :~ -- 4 `'1 ' •'-r ~ 3 S^ Meridian
l"~T/ifi7 Pllr'~ riF`+~ -~•k-R:, GAT
Preliminary /Final /Short Plat ~ ^ ACZ `
~o ~ i ~ ~ i ~ ~=~ ~vo~.-sue s a~"a°~~/~.-
C - _ s° r
a
k
~ I
//~ I.
~. We have No Objections to'this Proposal.
..
2. ,
We recommend Denial of,this Proposal. t
,
3. Specific knowledge as to the exact type of use musrbe provided before'we'can comment on this Proposal.
a , ~ 3
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 `
,~ ^ b. 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 ` h
^ 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 sevvage'system ^ community water "'
^ sewage dry lines ^ central~water
` ^ 10. Run-off is not to create a mosquito breeding problem.
^
I I. - ~ w
This Department would recommend deferral until high: seasonal ground water can be determined if other
'
I considerations indicate approval:
U
^ 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 submittedfor a plan review`for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store`
`Q 14. Date: ~
!~/~
/
Reviewed By: ~~~/~-~~
s.
r F
-~ _
(DHD 10/9{ «b, ~. irv~ ,. - ReV1eW SIICet
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~~ "
'MERIDIAN PLANNING & ZONING MEETING` 'OCTOBER 12 1999
,.
APPLICANT: JENNIFER OAK - THE'FtBER HOUSE ITEM NUMBER: 7
REQUEST: CONDITIONAL USE PERMIT FOR RETAIL FIBER ARTS SUPPLY STORE `
AGENCY COMMENTS
CITY CLERK:
$,
CITY ENGINEER:
CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS
CITY ATTORNEY:
r ..
CITY POLICE DEPT: '
:CITY FIRE DEPT:
E ~ ^-
CITY BUILDING DEPT: ~ ,
CITY SEWER DEPT:
CITY WATER DEPT: ~ ti , . ~'
MERIDIAN SCHOOL DISTRICT: • < "
• ~"
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
t..
ADA COUNTY STREET NAME COMMITTEE: ~ : ,
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:`
SETTLERS IRRIGATION:
IDAHO POWER: ~~~ e
US WEST: ~ '° ~
BUREAU OF RECLAMATION:
- .. ~. n 4 4 .y.
INTERMOUNTAIN GAS:
SANITARY SERVICE:
OTHER:
All Materials presented at public meetings shall become properly of the City of Meridian.
~"0 ~ ~ .p .~ ,c
t" ``~ ' ~.
< W.~~"
Mayor
ROBERT D. CORRIE
City Council Members
CHARLESROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
MEMORANDUM:
To: Planning & Zoning Commission, Mayor & City Council
From: Bruce Freckleton, Assistant to City Engineer c~
Steve Siddoway, Assistant Planner
October 6, 1999
Re: Request for Conditional Use Permit for Retail & Residential Use "THE'FIBER HOUSE"
at 55 E. State Ave. by Jennifer Oak. Case No..CUP-99-035. ~ ~ ~ .~ `~
.~.. ,~~
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 ~ , 1
deleted by motion of the Meridian City Council: '
This site is located in Old Town, which requires a conditional use permit for retail uses: The
property is on the south side of State Avenue, between Meridian Street and East First Street.
Neighboring properties include Image West Photo Studio to the west, Green & Green Law Firm
to the east, and Jackson's Food Stores and Awards on Tapp across State Ave. to the north.
1. 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 additional load would justify an
adjustment. Applicant will be required to enter into an Assessment ..Agreement with the
City of Meridian prior to operation. ~ ~`.
2. Parking, signage, walkways, and building construction shall -meet the requirements of the
Americans with Disabilities Act. The walkway needs to be a minimum of five feet wide
per City Ordinance.
3. No signage has been proposed, and none is approved with this application. All signage
will be subject to design review and requires separate permits. w.
4. This conditional use permit shall be subject to review upon ten (10) days notice to the
applicant. No additional space shall be utilized for retail or other areas without a
modification of the conditional use permit. Transfer of the conditional use permit will
need to be submitted and approved by the Zoning Administrator for any new
owners/tenants.
5. All trash areas are to be enclosed by a screen on at least 3 sides.
6. A total of Soff-street pazking spaces is required per City Ordinance, one of which must be
van accessible. Neighboring property owners aze concerned about the lack of off-street
parking in the area.
..,~ rtr -~ ~f:,..a~~ :,. ~ rr AA's '" `' ,~1.:~ ~ ='
WW r •a
"`"
HUB OF TREASURE VALLEY
A Good Place to Live ~ LEGAL DEPARTMENT
$-2501
X208)
CITY OF MERIDIAN PURL ~
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33 EAST IDAHO BUILDING DEPARTMENT
- MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297
(208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
City Clerk Fax (208) 888-4218 DEPARTMENT
(208) 884-5533 • Faz 887-1297
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Peam A PETERSON
STEPHEN L. PRUSs
ERIC S. Rossarax
Tonn A ROSSMAN
R. STEF13ed RUT~+RFORD
Devm M. SwaeT[sr
TERRENCE R. WarrE
WHITE, PETERSON, PRUSS, MORROW BL GIGRAY, P.A.
ATTORNEYS AT LAW
200 EAST CARLTON AVENUE, StnTE 31
PosT OFFICE Box 1150
MERIDIAN, IDAHO 83680-1150
~EcErv~D
N O V 0 5 1999
CITY (?~' :~Ir:H`,IDIAN
I'LAI~'NINC .4c %nlvr~
NAMI'A OFFICE
104 9TM AvE. S.
Post OFFICE BOX 247
NAMPA IDAHO 83653-0247
TEL. (208) 466-9272
FAX (208) 466-4405
TEL (208)288-2499
FAx (208) 288-2501
PLEASE REPLY TO
MF1tIDIAN OFFICE
E-MAII.: RSRAWPPMG.COM
November 2, 1999
Shari-Stiles; Planning-and.Zoning.Administrat_or
Gary Smith, Chief Engineer
Re: CONDITIONAL USE PERMIT APPLICATION FOR THE OPERATION OF A
RETAIL FIBER ARTS SUPPLY STORE AT 55 E. STATE ST. MERIDIAN; by
JENNIFER°OALE~"THE FIBER HOUSE"
Please find enclosed a copy of the Recommendations to the City Council by the
Planning and Zoning Commission on the above referenced application. Please note,this
matter will be heard before the City Council on November 9, 1999.
The City Council requests that you be prepared at the hearing to specifically address
the Recommendations of the Planning and Zoning Commission. If you disagree with those
recommendations,.please state which ones and the reasons. If you propose any additional
recommendations, conditions, etc., please prepare your recommendations in writing so you
may submit the same to the City Council at the hearing.
The Council appreciates your attention to this request. It will assure that the Council
has the benefit of understanding your position in this matter and it will help limit the need for
testimony.
Very truly yo ,
R. Step en Ru erford
Enclosure
ey/Z:\Work\M\Meridian 15360M\Fiber House CUP\CUPPZEnc.ltr
ti _
e~
• ~ k
a
~, BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
In The Matter of A
CONDITIONAL USE PERMIT
APPLICATION FOR THE
`~ OPERATION OF A RETAIL
FIBER ARTS SUPPLY STORE AT
55 E. STATE ST. MERIDIAN,
JENNIFER OAI~ "THE FIBER
HOUSE", ~.
Applicant
Case No. CUP-99-035
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
RECOMMENDATION FOR
CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS
t The above entitled conditional use permit application having come before
the City~Council on.October 12, 1999, pursuant to the provisions of § 11=2-418 E of the
Municipal Code, without a hearing because the subject property is currently zoned Old
Town (OT), and the Planning and Zoning Commission having received comments and
recommendations from affected departments, and being fully advised in the premises, the
Commission finds and concludes and recommends, and good cause appearing:
FINDINGS OF FACT
R
1. A notice of a public hearing on the conditional use permit was
published for two (2) consecutive weeks prior to the said public hearing scheduled for
October 12, 1999, before the Planning and Zoning Commission, the first publication
4
appearing and written notice having been mailed to property owners or purchasers of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - I
s: ~ ~ •
record within three hundred (300') Feet of the external boundaries of the property
under consideration more than fifteen (15) days prior to said hearing and with the
notice of public hearing having been posted upon the property under consideration
more than one 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 said October 12, 19.99, public hearing; 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.
q
2. There has been compliance with all notice and hearing
~~ requirements"set forth in Idaho Code §§67-6509 and 67-6512; and §§11-2-416E and
11-2~-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication
and Proof of Posting'filed with the staff report.
3. Commission takes judicial notice of its Zoning, Subdivision 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 Ordinance #629 -January 4, 1994 and Maps
and the Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. Giving due consideration to the comments received from the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO,CONDITIONS - 2
1~ ~ ~ ~~ .
governmental subdivisions providing services in~the,City of Meridian planning
jurisdiction, public facilities- and services requiredyby the proposed development will not
impose expense upon the public if+the .following conditions iof development are imposed
. ~ t.~
and the following is also found to be required to mitigate the effects of the proposed
use and development: upon.. services ydelivered by political subdivis~ ons providing y
services to the subject real property,within,the planning^jurisdie{ion of the~C ~ty of
Meridian. I ~, ~~- ~~ ~ . Et.
4.1 ~ Conditions requested by the Assistant Planner and Assistant City
Engineer within their Memorandum dated October 6; 1`999 be required
d ~ . _ ,gas follows: ; ac ~ a• ~ '~•~ ~~ ~~~ .~i ~~ ~
1 ~ ~~,, ~ .4.1.1- _Sanitary,sewer~and,,water to this facility~would,be via exis ping .
service lines. Plans 9for sewer and water service will be reviewed'to see if
~,, ~, ; F,additionaLload would justify an adjustment ;Applicant Willy be required to
enter into an Assessment Agreement with the City of Meridian prior to
r~ ~ , ~ ;,~ operation. ~, ~~
,4.1.2 ~ Parking,- signage, walkways, and building construction shall meet
the requirements of the Americans with Disabilities Act. The walkway
r ;-,~ ; needs to be aYminimum.of~five feet wide per City Ordinance.
4.1.3; Noaignage has.been.proposed,~andnone is•approved.`vith this ~
application. All signage will be subject to design review and requires
~,• , - ~, ~ separaterpermits., ~=s,, ~° ~ ,~=3 ~~ < `i~ ~° , •
4.1.4 This conditional use permit shall be subject to review upon ten
(10) days notice to the applicant. No additional space shall be utilized
for retail or other areas,without a modification of the conditional use
permit. Transfer of the conditional use permit will need to be submitted
and approved by the Zoning Administrator for any new owners/tenants.
~ FINDINGS OF FAGT_AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS-FOR CONDITIONAL
USE PERMIT-SUBJECT TO CONDITIONS y,-= 3
~~
4.1.5 All trash areas are to be enclosed by a screen on at least 3 sides.
' Project implementation pe'riod'ic limited to `the requested September rl0th
through November 1st period of time.
4.1.6 The Planning and Zoning Commission further advises the Staff
a ~° ~ `'''" comment re offsfreet pa"rlcing shall be'revised to require spaces for three
vehicles.
5. The proposed use within the subject application will be harmonious with
and in accordance with the Meridian Comprehensive Plan and the City of Meridian
Zoning and Development Ordinance.
6. The use proposed within the subject application will be subject
to the conditions set forth in Finding of Fact no. S and will be designed, constructed,
°~
operated and maintained to be harmonious and appropriate in appearance or intended
t ~~ ~ ~ ~ ~~ ~ ~ ~~, ~
character of the general vicinity and ~tliat -such u"se will note chaiige''the intended
essential character of the same area.
K
7. The use proposed'within-the~subject'applicatioil °will' not be hazardous or
disturbing to existing or fiitu're •neghbo'ring uses! r. ~ • `~ '
8. The use°propo"sed~within the subject application will ~be "served adegtia"rely
by central public facilities and services such as highways, streets, police and fire
protection, drainage structures, 'refuse disposal, wate'r' and sewer. • _' ~ ~ _ '
~~
9. The applicant has agreed to pay any additional sewer, water or trash fees
r. ~~ ~ s ti ~~ ~- ~ a
or charges, if any associated with the use.
10. The use proposed within the subject application will not involve
FINDINGS OF FACT AND CONCLUSIONS OF L.AW
AND ~RECON[NIEN~DATIONS FOR CONDITIONAL
.USE PERMIT•SUBJECT TO CONDITIONS -
,, ,° ~ ~_
1 _.~ ,.
1r
\ ~-
i
uses, activities, processes, materials, equipmen ~ 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, furries, glare or odors. ~' '
,;
11. Sufficient parking for the proposed use of the `property will be ~ °
.~~ .~
~ x,
6 .. v
provided.
~,
12. The use will not result in the destruction, loss or damage of natural
or scenic features of major importance relating to the property.
CONCLUSIONS$OF~LAW t
' ~ 1. Idaho Code § 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide for the
processing of applications for special or conditional use permits;
and s4,~ ,
.~,. ~ Y . 4,. ti t
' (B) ~ That a special'~use~permit may be granted to an applicant if the
9 ~~ t pxroposed use is other~~~ise prohibited ,by the terms of the zoning
ordinance, but may be allowed with conditions under specific
~ * _ ~w ~provisions.of the zoning. or~dinan~ e, subject to the ability of
political subdivisions, including school districts, to provide services
for the proposed,use, and when it is not. in conflict with the plan;
and , ~ ¢ .~..~ . ~ ~ ~ 43 ~_ .~' : a ~ ~ ~.
F 1 ~.~ .~„~ cep ~ ~a., ~ , ~ a ~ e. ~- q ~ ~,' ~- ~ ~ ,~ i~ t* i ~ ~ ~ M. v ~*
(C) That upon the granting of a special use permit, conditions may be
~ ~ attached to~a,spe~ ia~ us~e~perm~t, including, but not limited to,F
those: ~~
~ ~ ~ ~` 1) e Minimizing adve se impact on{oth~er development; °'"
C
~~ ' ~` ~ ~ ' 2) ~ Con't'ro11ii1g the sequence and timing of development;
`a ~{3) ~Coi trolling the duration of development; ~ '
., s
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - S~
• •
4) Assuring that developmern is maintained properly;
5) Designating the exact location and nature of development;
requiring the provision for on-site or off-site public facilities
- or services; requiring more restrictive standards than those
generally required in an ordinance; requiring mitigation of
_ effects of the proposed development upon service delivery
by any political subdivision, including school districts,
providing services within the planning jurisdiction.
2. The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactment of § 11-2-418
Municipal Code.
3. Idaho Code § 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
lv~o~vn as the "Local Land Use Planning Act of 1975."
4. The. City of Meridian has enacted the Comprehensive Plan Citv of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994.
DECISION AND RECOMMENDATION
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
~.
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the Planning and Zoning
Commission does hereby recommend that:
1. The applicantais granted a conditional use permit for operation of a retail
fiber arts supply store, subject to the following terms and conditions:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PEl'~1VIIT SUBJECT TO CONDITIONS -- 6•
1.1 Sanitary sewer and water to this facility would be via e~sting service
lines. Plans for sewer and water service will be reviewed to s°ee if additional
load would justify an adjustment. Applicant will be required to enter into
an Assessment Agreement with the City of Meridian prior to operation.
1.2, Parking, signage, walkways, and building construction shall meet the
requirements of the Americans with Disabilities-Act. The walkway needs to
` be a minimum of five feet wide per City Ordinance.
1.3 No signage has been proposed, and none is approved with this application.
All signage will be subject to design review and requires separate permits.
1.4 This conditional. use permit shall be subject to review upon ten (10) days
notice to the applicant. No additional space shall be utilized for retail or
other~areas without a modification of the conditional use permit. Transfer
of the conditional use permit will need to be submitted and approved by
the Zoning Administrator for any new owners/tenants.
1.5 All trash areas are to be enclosed by a screen. on at least 3 sides. Project
implementation period is limited to the requested September 10th through
November 1st period of £ime,
1.6 The Planning and Zoning Commission further advises the Staff comment re
offstreet parking shall be revised to require spaces for three vehicles.
Ev/Z:\WorlcWl~Meridian 15360M~Fiber House CUP\CUPFcsDecOrd
d
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 7
><
r
.-
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
In The Matter of A
CONDITIONAL USE PERMIT
APPLICATION FOR THE
OPERATION OF A RETAIL
FIBER ARTS SUPPLY STORE AT
55 E. STATE ST. MERIDIAN,
JENNIFER OAI~fTHE FIBER
HOUSE",
Applicant
Case No. CUP-99-035
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
RECOMMENDATION FOR
CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS
The above entitled conditional use permit application having come before
the City Council on October 12, 1999, pursuant to the provisions of § 11-2-418 E of the
Municipal. Code, without a hearing because the subject property is currently zoned Old
Town (OT), and the Planning and Zoning Commission having received comments and
recommendations from affected departments, and being fully advised in the premises, the
Commission finds and concludes and recommends, and good cause appearing:.
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 hearing scheduled for
October 12, 1999, before the Planning and Zoning Commission, the first publication
appearing and written notice having been mailed to property owners or purchasers of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - I
~~
record within three hundred (300') feet of the external"boundaries of the property
under consideration more than fifteen (15) days°prior to-'said hearing and-with the
notice of public hearing having been posted upon the property Linder consideration
more than one 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 said October 12, 1999, public hearing; 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 and 67-6512; and §§11-2-416E and
11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication
and Proof of Posting filed with the staff report.
3. Commission takes judicial notice of its Zoning, Subdivision 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 Ordinance #629 -January 4, 1994 and Maps
and the Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. Giving due consideration to the comments received from the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 2
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will not
impose e;~pense upon the public if the following conditions of development are imposed
and the following is also found to be required to mitigate the effects of the proposed
use and development upon services delivered by political `subdivisions providing
services to the subject real property within the planning jurisdiction of the City of
Meridian.
4.1 Conditions requested by the Assistant Planner and Assistant City
Engineer within their Memorandum dated October 6, 1999, be required
as follows:
4.1.1 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
additional load would justify an adjustment. Applicant will be required to
enter into an Assessment Agreement with the City of Meridian prior to
operation.
4.1.2 Parking, signage, walkways, and building construction shall meet
the requirements of the Americans with Disabilities Act. The walkway
needs to be a minimum of~five feet wide per City Ordinance.
4.1.3 No signage has been proposed, and none is approved with this
application. All signage will be subject to design review and requires
separate permits.
4.1.4 This conditional use permit shall be subject to review upon ten
(10) days notice to the applicant. No additional space shall be utilized
for retail or other areas without a modification of the conditional use
permit. Transfer of the conditional use permit will need to be submitted
and approved by the Zoning Administrator for any new owners/tenants.
FINDINGS OF FACT AND CONCLUSIONSOF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 3
4.1.5 All trash areas are to be enclosed by a screen on at least 3 sides.
Project implementation .period is limited to the requested September 10th
through November 1st period of time.
4.1.6 The Planning and Zoning Commission further advises the Staff
comment re offstreet parking shall be revised to require spaces for three
vehicles.
S. The proposed use within the subject application will be harmonious with
and in accordance with the Meridian Comprehensive Plan and the City of Meridian
Zoning and Development Ordinance.
6. The use proposed within the subject application will be subject
to the conditions set forth in Finding of Fact no. 5 and will be designed, constructed,
operated and maintained to be harmonious and appropriate in appearance or intended
character of the general vicinity and that such use will not change .the intended
essential character of the same area.
7. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
8. The use proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water and sewer.
9. The applicant has agreed to pay any additional sewer, water or trash fees
or charges, if any associated with the use.
10. .The use proposed within the subject application will not involve
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 4
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.
11. Sufficient parking for the proposed use of the .property will be
provided.
12. The use will not result in the destruction, loss or damage of natural ,
or scenic. features of major importance relating to the property.
CONCLUSIONS OF LAW
1. Idaho Code § 67-6512 provides in part that:
(A) As part of a zoning ordinance the City Council may provide for the
.processing of applications for special or conditional use permits;
and
(B) That a special use permit may be granted to an applicant if the
proposed use is otherwise prohibited by the terms of the zoning
ordinance, but may be allowed with conditions under specific
provisions.. of the zoning ordinance, subject to the ability of
political subdivisions, including school districts, to provide services
for the proposed use, and when it is not in conflict with the plan;
and
(C) That upon the granting of a special use permit, conditions may be
attached to a special use permit, including,.. but not limited to,
those:
1) Minimizing adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 5
4) Assuring that development is maintained properly;
5) Designating the exact location and nature of development;
requiring the provision for on-site or off-site public facilities
or services; requiring more restrictive standards than those
generally required in an ordinance; requiring mitigation of
effects of the proposed development upon service delivery
by anyzpolitical subdivision, including school districts,
providing services within the planning jurisdiction.
2. The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactment of § 11-2-418
Municipal Code.
3. Idaho Code § 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
lcnocvn as the "Local Land Use Planning Act of 1975."
4. The City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994.
DECISION AND RECOMMENDATION
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the Planning and Zoning
Commission does hereby recommend that:
1. The applicant is granted a conditional use permit for operation of a retail
fiber arts supply store, subject to the following terms and conditions:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 6
1.1 Sanitary sewer and water to this facility would be via e:cisting service
lines. Plans for sewer and water service will be reviewed to see if additional
load would justify an adjustment. Applicant will be required to enter into
an Assessment Agreement with the City of Meridian prior to operation.
1.2 Parking, signage, walkways, and building constriction shall meet the
requirements of the Americans with Disabilities Act. The walkway needs to
be a minimum of five feet wide per City Ordinance.
1.3 signage has been proposed, and n e is approved with this application.
All signage will be subject to design review and requires separate permits.
1.4 This conditional use permit shall be subject to review upon ten (10) days
notice to the applicant. No additional space shall be utilized for retail or
other areas without a modification of the conditional use pernlit. Transfer
of the conditional use permit will need to be submitted and approved by
the Zoning Administrator for any new owners/tenants.
1.5 All trash areas are to be enclosed by a screen on at least 3 sides. Project
implementation period is limited to the requested September 10th through
November 1st period of time.
1.6 The Planning and Zoning Commission further advises the Staff comment re
offstreet parking shall be revised to require spaces for three vehicles.
Ey/Z:\Worlc\NI\N(eridian 15360M\Fiber House CUP\CUPFcsDecOrd
FINDINGS OF FACT AND CONCLUSIONS OF LAW
't1ND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 7
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 THOMAS BARBEIRO
COMMISSIONER T~dVIMY DE WEERD
COMMISSIONER RICHARD C. HATCHER
COMMISSIONER L. KENT BROWN
CHAIRMAN KEITH BORUP (TIE BREAKER)
VOTED
VOTED ~~~~~
VOTED ~-2
VOTED ~G~~~
VOTED
~-~/~~~
Ey/C:\WINDOWS\TEMP~CUPFCS-- I .DAT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 8
November 12, 1999
MERIDIAN CITY COUNCIL MEETING: NOVEMBER 16 1999
APPLICANT: JENNIFER OAK ITEM #: 33
REQUEST: CONDITIONAL USE POERMIT FOR RETAIL FIBER ARTS SUPPLY STORE
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
.CITY BUILDING DEPT:
CITY$EWER 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:
BUREAU OF RECLAMATION:
INTERMOUNTAIN GAS:
SANITARY SERVICE:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
m
~,..
.~,
BEFORE THE MERIDIAN.. PLANNING AND ZONING COMMISSION
~In The Matter of A
CONDITIONAL USE PERMIT
APPLICATION FOR THE
OPERATION OF A RETAIL
FIBER ARTS SUPPLY STORE AT
55 E. STATE ST. MERIDIAN,
JENNIFER OAI~ "THE FIBER
HOUSE",
Applicant
Case No. CUP-99-035
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
RECOMMENDATION FOR
CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS
The above entitled conditional use permit application having come before
the City Council on October 12, 1999, pursuant to the provisions of § 11-2-418 E of the
Municipal Code, without a hearing because the subject property is currently zoned Old
Town (OT), and the Planning and Zoning Commission having received comments and
recommendations from•affected departments, and being fully advised in the premises, the
Commission finds and concludes and recommends, and good cause appearing:
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 hearing scheduled for
October 12, 1999, before the Planning and Zoning Commission,. the first publication
appearing and written notice having, been mailed to property owners or purchasers of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 1
,~
record within three hundred (300') feet of the external boundaries of the property
under consideration more than fifteen (15) days prior} to said hearing and with the
w
notice of public hearing having been posted upon the property under consideration
more than one 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 said October 12, 1999, public hearing; 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 e<~cpress
comments and submit evidence.
2. There has been compliance with all notice and hearing
requirements set forth in Idaho Code §§67-6509 and 67-6512; and §§11-2-416E and
11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication
and Proof of Posting filed tivith the staff report.
3. Commission takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Title 1 I 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 Ordinance #629 -January 4, 1994 and Maps
and the Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. Giving due consideration to the comments received from the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 2
4
governmental subdivisions providing services in the City of Meridian planning
. -~
jurisdiction, public facilities and services required by the proposed development will not
impose e~cpense upon the public if the following conditions of development are imposed
and the following is also found to be required to mitigate the effects of the proposed
use and development upon services delivered by political subdivisions providing
, A
services to the subject real property within the planning jurisdiction of the City of
~~ ~ g
Meridian.
_.~
4.1 Conditions requested by the Assistant Planner and Assistant City
Engineer within their Memorandum dated October 6; 1999, be required
as follows:
,_
4.1.1 Sanitary sewer and water to this facility would be via existing
., .
service lines. Plans for sewer and water service will°be reviewed to `see i
additional load would justify an adjustment. Applicant will be required to
k enter into ari~Assessment Agreement with~-the City of Meridian prior to
operation.
,..4.1.2 Parking, signage, walkways, and building construction shall meet
the requirements of the Americans` with Disabilities Act: The walkway
needs to be a minimum of five feet wide per City Ordinance.
4.1.3 No signage has been proposed, and none is approved with this
application. All signage will be subject' to design review and requires
separate permits.
4.1.4 This conditional use permit shall be subject to review upon ten
`r
(10) days notice `to the applicant. ~No "additional space shall be utilize
for retail or other areas without a modification of the conditional use
permit. Transfer`of the conditional use permit will need to be submitted
and approved by the Zoning Administrator for any new owners/tenants.
,k
~ FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SU$)ECT TO CONDITIONS - `3
4.1..5 A11 trash areas are to be enclosed by a screen on at least 3 sides.
Project implementation period is limited to the requested September 10th
through November 1st period of time.
4.1.6 The Planning and Zoning Commission further advises the Staff
comment re offstreet parking shall be 'revised to require spaces for three
vehicles.
5. The proposed use within the subject application will be harmonious with
and in accordance with the Meridian Comprehensive Plan and the City of Meridian
Zoning and Development Ordinance.
6. The use proposed within the subject application will be subject
to the conditions set forth in Finding of Fact no. 5 and will be designed, constructed,
operated and maintained to be harmonious and appropriate in appearance or intended
character of the general vicinity and that such use will not change the intended
essential character of the same area.
7. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses. ~ ~~
k!
8. The use proposed within the subject application will~be served adequately
by central public facilities and services such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water and sewer.
9. The applicant has agreed to pay any additional sewer, water or trash fees
or charges, if any associated with the use.
10. .The use proposed within the subject application will not involve
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 4
4) Assuring that development is maintained properly;
5) Designating the exact location and nature of development;
requiring the provision for on-site or off-site public facilities
or services; requiring more restrictive standards than those
generally required in an ordinance; requiring mitigation of
effects of the proposed development upon service delivery
by any political subdivision, including school districts,
providing services within the planning jurisdiction.
2. The City of Meridian has exercised its authority to provide for the
processing of applications for Conditional Use Permits by the enactment of § 11-2-418
Municipal Code.
3. Idaho Code § 67-6504 provides that the City Council may exercise all of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
known as the "Local Land Use Planning Act of 1975."
4. The City of Meridian has enacted the Comprehensive Plan City of
Meridian adopted December 21, 1993, Ordinance No. 629, January 4, 1994.
DECISION AND RECOMMENDATION
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the Planning and Zoning
Commission does hereby recommend that:
1. The applicant is granted a conditional use permit for operation of a retail
fiber arts supply store, subject to the following terms and conditions:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
.AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 6
,~
1.1 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 additional
load would justify an adjustment. Applicant will be required to enter into
an Assessment Agreement with the City of Meridian prior to operation.
1.2 Parking, signage, walkways, and building constnlction shall meet the
requirements of the Americans with Disabilities Act. The walkway needs to
be a minimum of five feet wide per City Ordinance.
~} 1.3 signage has been proposed, and ~~is approved with this application.
All signage will be subject to design review and requires separate permits.
1.4 This conditional use permit shall be subject to review upon ten (10) days
notice to the applicant. No additional space shall be utilized for retail or~
other areas without a modification of the conditional use permit. Transfer
of the conditional use permit will need to be submitted and approved by
the Zoning Administrator for any new owners/tenants.
1.5 All trash areas are to be enclosed by a screen on at least 3 sides. Project
implementation period is limited to the requested September 10th through
November 1st period of time.
1.6 The Planning and Zoning Commission further advises the Staff comment re
offstreet parking shall be revised to require spaces for three vehicles.
Ey/Z:\Work\NI\Meridian 15360M~Fiber House CUI'\CUPFcsDecOrd
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 7
APPROVAL OF FINDINGS OFFACT AND CONCLUSIONS OF LAW .w
The Meridian Planning and Zoning Commission hereby adopts and approves these
Findings of Fact and Conclusions and Law.
ROLL CALL
COMMISSIONER THOMAS BARBEIRO VOTED
COMMISSIONER TA~NIMY DE WEERD VOTED ~~~~
COMMISSIONER RICHARD C. HATCHER VOTED ~-Q
COMMISSIONER L. KENT- BROWN VOTED ~~~~~
CHAIRMAN KEITH BORUP (TIE BREAI~R) VOTED t
y-i/-f9
~-
Ey/C:\W INDOW S\TEMP\CUPFCS-- I .DAT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 8
v
November 5, 1999
MERIDIAN PLANNING & ZONING MEETING: NOVEMBER 9 1999
APPLICANT: JENNIFER OAK ~ "° `" ITEM NUMBER: 3
REQUEST: F/F & C/L CUP FOR RETAIL FIBER ARTSUPPLY STORE
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY: SEE FINDINGS
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY SEWER DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOLVDISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
BUREAU OF RECLAMATION:
INTERMOUNTAIN GAS:
SANITARY SERVICE: _
OTHER:
Ail Materials presented at public meetings shall become property of the City of Meridian.
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
In The Matter of A
CONDITIONAL USE PERMIT
APPLICATION FOR THE
OPERATION OF A RETAIL
FIBER ARTS SUPPLY STORE AT
55 E. STATE ST. MERIDIAN,
JENNIFER OAI~ "THE FIBER
HOUSE",
Applicant
Case No. CUP-99-035
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
RECOMMENDATION FOR
CONDITIONAL USE PERMIT
SUBJECT TO CONDITIONS
~~. ~ ~~
a
The above entitled conditional use permit application having come before
the City Council on October 12, 1999, pursuant to the provisions of § 11-2-418 E of the
Municipal Code, without a hearing because the subject property is currently zoned Old
Town (OT), and the Planning and Zoning Commission having received comments and
recommendations from affected departments, and being fully advised in the premises, the
Commission finds and concludes and recommends, and good cause appearing:
.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 hearing scheduled for
October 12, 1999, before the Planning and Zoning Commission, the first publication
appearing and written notice having been mailed to property, owners or purchasers of
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS ~ 1
;r.
record within three hundred (300') feet of the external boundaries of the property
under consideration more than fifteen (15),days prior to said hearing and with~the
notice of public hearing having been posted upon the property under consideration
more than one 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 said October 12, 1999, public hearing; 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 and 67-6512; and §§11-2-41~6E and
11-2-418E as evidenced by the Affidavit of Mailing, and the Affidavit of Publication
and Proof of Posting filed with the staff report.
3. Commission takes judicial notice of its Zoning, Subdivision 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 Ordinance #629 -January 4, 1994 and Maps
and the Ordinance establishing the Impact Area Boundary Ordinance and Map.
4. Giving due consideration to the comments received from the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 2
governmental subdivisions providing services in the City of Meridian planning
'urisdiction, public facilities and services required by the proposed development will not
1
im ose ex ense upon the public if the following conditions of development are imposed
p p
nd the following is also found to be required to mitigate the effects of the proposed
a
use and development upon services delivered by political subdivisions providing ;
ervices to the subject real property within the planning jurisdiction of the City of
s
i
Meridian.
4.1 Conditions requested by the Assistant Ped Octobedr 6,s1999t betrequired
' Engineer within their Memorandum dat
as follows:
4.1.1 Sanitary sewer and water to this facility would b viewed to see if
service lines. Plans for sewer.and water service will be re
additional load would justify an adjustment. Apph of Meridian pruor to to
enter into an Assessment Agreement tenth the Ci y
operation.
. 4.1.2 Parking, signage, walkways, and buildingl~ies Act tThe walkway
the requirements of the Am ve feet wide per City Ordinance.
needs to be a minimum
4.1.3 No signage has been proposed, and none is approved et uires
application. All signage will be subject to design renew an q
separate permits.
4.1.4 This conditional use permit shall be subject to review upon ten
(10) days notice to the applicant. No additional space shall be utilized
for retail or other areas without a modificaTimo ~ °vf ill need tol be submitted
permit. Transfer- of the conditional use pe ,
and approved by the Zoning Administrator for any new owners/tenants.
f j
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 3
~~
__-
governmental subdivisions providing services in the City of Meridi~nplanning
jurisdiction, public facilities and services required by the proposed_ development will not
impose expense upon the public if the following conditions of development are imposed
t
and the following is also found to be required to mitigate the effects of the proposed
use and development upon- services delivered by political subdivisions providing
services to the subject real property within the planning jurisdiction of the~City of
Meridian.
4.1 Conditions requested by the Assistant Planner and Assistant City +
Engineer within their Memorandum dated October 6, 1999, be required
as follows: '
4.1.1 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
additional load would justify an adjustment. Applicant will be required to
enter into an Assessment Agreement with the City of Meridian prior to
operation.
4.1.2 Parking, signage, walkways, and building construction shall meet
the requirements of the Americans with Disabilities Act'. xThe walkway
needs to be a minimum of •five feet wide per City Ordinance.
4.1.3 No signage has been proposed, and none is approved with this
application. All signage will be subject to design review and requires
separate permits.
4.1.4 This conditional use permit shall be subject to review upon ten
(10) days notice to the applicant. No additional space shall be utilized
for retail or other areas without a modification of the conditional use
permit. Transfer of the conditional use permit will need to be submitted
and,approved by the Zoning Administrator for any new owners/tenants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 3
4.1.5 All trash areas are to be enclosed by a screen on at least 3 sides.
Project implementation period is limited to the requested September 10th
through November 1st period of time.
4.1.6 The Planning and Zoning Commission further. advises the Staff
comment re offstreet parking shall be revised to require spaces for three
vehicles.
5. The proposed use within the subject application will be harmonious with
and in accordance with the Meridian Comprehensive Plan and the City of Meridian ,
Zoning and Development Ordinance.
6. The use proposed within the subject application will be subject
to the conditions set forth in Finding of Fact no. 5 and will be designed, constructed,
operated and maintained to be harmonious and appropriate in appearance or intended
~;.<- character of the general vicinity and that such use will not-change the intended
essential character of the same area.
7. The use proposed within the subject application will not be hazardous or
disturbing to existing or future neighboring uses.
8. The use proposed within the subject application will be served adequately
by central public facilities and services such as highways, streets, police and fire
protection, drainage structures, refuse disposal, water and sewer. '
9. The applicant has agreed to pay any additional sewer, water or trash fees
or charges, if any. associated with the use.
10. The use.proposed within the subject application will not involve
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 4
uses, activities, processes, materials, equipment and conditions of operation that will be
detrimental to any persons, property or°fle general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors:
11. Sufficient parking for the proposed use of the property will be
provided.
12. The .use will not result in the destruction, loss or damage of natural
or scenic features of major importance relating to the property.
CONCLUSIONS OF LAW
1. Idaho Code § 67-6512 provides in part that:
(A) As part of a zoning. ordinance the City Council may provide for the `
processing of applications for special or conditional use permits;
and
(B) That a special use permit may begranted to an applicant if the
proposed use is otherwise prohibited by the terms of the zoning
ordinance, but may be allowed,with conditions under specific
provisions ,of the zoning. ordinance, subject to the ability of
political subdivisions, including school districts, to provide services
for the proposed use, and when it is not in conflict with the plan;
and
(C) That_upon the granting of a special use permit, conditions may be
attached to a special use permit, including, but not limited to,
those:
1) Minimizing-adverse impact on other development;
2) Controlling the sequence and timing of development;
3) Controlling the duration of development;
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - S
4) Assuring that development is maintained properly;
5) Designating the exact location and nature of development;
requiring the provision for on-site or off-site public facilities
or services; requiring more restrictive standards than those
generally required in an ordinance; requiring mitigation of
effects of the proposed development upon service delivery
by any,political subdivision, including;school districts,
providing services within the planning jurisdiction.
2. The City of Meridian has exercised its authority to provide for the
..
processing of applications for Conditional Use Permits by the enactment of § 11-2-418
Municipal Code.
3. Idaho Code § 67-6504 provides that the City Council may exercise~all~of
the powers required and authorized by Chapter 65 of Title 67 Idaho Code which Act is
known as the "Local Land Use ,Planning Act of 1975."
4. The City of Meridian has enacted the ..Comprehensive Plan City of
Meridian adopted December 21, E1993, Ordinance No. 629, January 4, 1994. c
DECISION AND RECOMMENDATION
GRANTING CONDITIONAL' USE PERMIT SUBJECT TO CONDITIONS
~, ~ ,
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the Planning and Zoning
Commission does hereby recommend that:
1. The applicant is granted a conditional use permit for operation of a retail
fiber arts supply store, subject to the following terms and conditions:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 6
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 7
~~
1.1 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 additional
load would justify an adjustment. Applicant will be required to enter into
an Assessment Agreement with the City of Meridian prior to operation.
1.2 Parking, signage, walkways, and building construction shall meet the
requirements of the Americans with Disabilities Act. The walkway needs to
be a minimum of five feet wide per City Ordinance.
1.3 No signage has been proposed, and none is approved with this application.
All signage will be subject to design review and requires separate permits.
1.4 This conditional use permit shall be subject to review upon ten (10) days
notice to the applicant. No additional space shall be utilized for retail or
other areas without a modification of the conditional use permit. Transfer
of the conditional use permit will need to be submitted and approved by
w the Zoning Administrator for any ne~v owners/tenants.
1.5 All trash areas are to be enclosed by a screen on at least 3 sides. Project
implementation period is limited to the requested September 10th through
November 1st period of time.
1.6 The Planning and Zoning Commission further advises the Staff comment re
offstreet parling shall be revised to require spaces for three vehicles.
Ey/Z:\Worlc\[vt\lVteridian 15360M\Fiber House CUP\CUPFcsDecOrd
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 7
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 THOMAS BARBEIRO VOTED
COMMISSIONER TAMMY DE WEERD VOTED
• COMMISSIONER RICHARD C. HATCHER VOTED
COMMISSIONER L. KENT BROWN VOTED
C KEITH BORUP (TIE BRF.~KER) VOTED
Ey/C:\WINDOWS\TEMP~CUPFCS-1.DAT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
AND RECOMMENDATIONS FOR CONDITIONAL
USE PERMIT SUBJECT TO CONDITIONS - 8
~~~~ co~~~t~ ~~~~~~~~~ ~~~tN~~t
merry K. Huber, rres~aent 318 East 37th Street
Judy Peavey-Derr, Vice President. ~-+-•Ci~i Garden City, Idaho 83714-6499
Marlyss Meyer Routson, Secretary R,l/ ''-" -v Phone (208) 387-6100
Dave Bivens, Commissioner Fax (208) 387-6391
Susan S. Eastlake, Commissioner OCT 1 9 1999 e-mail: tellus achd.ada id us
CI1'~ U~~~ ~~lE~,l~i~
October 6, 1999 pLAi~1ING & ~OlvIN
Jennifer Oak
j~ E. State Street
Meridian, ID 83642
Re: Staff°Level Approval '
MCUP99-003
Facts and Findings:
~s`~
bt'~
'(rR'~
E. State Street
Art supply store
,,..,:
A. The Ada County Highway District (ACHD) staff has received the above referenced application
requesting conditional use approval to operate an arts supply store in an existing residence that
will remain a residence. The site is located on the south side of State Street, approximately 90-
feet west of First Street. This development is estimated to generate less than, l 0 additional (10
existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation
manual.
B. The application and site plan stamped as received by the City of Meridian on August 31, 1999,
and submitted to the District on September 16; 1999, have been reviewed by the ACHD Planning
and Development staff and conforms to applicable District standards/policy, or can be made to v
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 ACHD Commission unless the site plan
is changed in such a manner as to not conform with District standards/policy or an appeal of the
Planning and Development staff decision is submitted as described within the Standard
Requirements outlined below.
C. There is an unpaved alley abutting the south of the site. The applicant is not proposing to take
access from the alley, and no alley improvements will be required at this time. However, alley
paving and improvements may be required in the future if the site redevelops, or if access to the
site utilizes the alley.
The following requirements are provided as conditions for approval upon significant redevelopment
of the site in the future:
Site Specific Requirements:
Replace damaged curb, and/or gutter on State Street with-new curb.. gutter and/or concrete
sidewalk to match existin_ improvements._Sewments to be replaced shall be deten~~ined by
ACHD Construction Services staff.. Contact Construction Services at 387-6280 (with file
`number) for details.
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.
Pave the driveway its frill width and at least 30-feet beyond the edge of pavement of State
Street.
4. As required by District policy, restrictions on the width, number and locations of drive\vavs,
shall be placed on future development of this parcel.
Standard Requirements:
This decision of the Planning and Development Supervisor may be appealed to the Ada County
Highway District Commission by the applicant or by another party within 1 ~ calendar days from
the date of this report. The re4ue~t ~h~ll~necifically identifv each re4uiremPnr m hP
reconsidered-and include a wri n e`Cplanarinn nfwh;~~a~-ggLiiremPnr would result in a
substantial hardshi or in 4 ti v The request will be heard by the District Commission at an
evening meeting within 20 calendar days of the District's receipt of the appeal letter. The
appellant will be notified of the date and time of the Commission meeting.
2. After 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 S 110.00. The reaue~t for reconsideration hall
s. ically identify each regl~irP?rent m_hP rernneiderart any inr.lnrla ~,ritten documentation of
data that wa no av~ilahle to the C~nmmiccinn ~r the r;.,,P nf;r'c`nri~olllal 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.
Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and,all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design chan;es.
6. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
Page 2
7. Any change by the applicant in the planned-use of the property which is the Subject of this
application, shall require the applicant to comply with all rules. regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in
interest advises the Highway District of~its intent to change the planned use of the subject
property unless a waivei~'variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time,the change in use is So~i~~ht. o
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 tivill 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.
Sincer ly,
Sal
°Plannin nd Development Supervisor.}
,.
cc: Plan&Dev Svcs - Chron/Eile ~'
City of Meridian ~ ~,
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cc o~c~tt~ ~ cc ~~wci~ t~~~cct -.
d~~I.r~ as'~a*ra*+~ o ~f:
~nerry n. Wooer, rrestaenr ~ 318 East 37th Street ~"
Judy Peavey-Derr,TVice President Garden City, Idaho 83714-6499
Marlys Meyer Routson, Secretary Phone (208) 387-6100
Dave Givens, Commissioner Fax (208) 387-6391
Susan S. Eastlake. Commissioner e-mail tellus achd ada id us
October 6, 1999,
Jennifer Oak ~`~~ ~•u~sL
55 E. State Street
Meridian, ID 836-~2
Re: Staff Level Approval
MCUP99-003
Facts and Findings:
5~ E. State Street Art_supply store
.~
- j .~~ ,
i ~ ~.
A. The Ada County Highway District (ACHD) staff has received the above referenced application
requesting conditional use approval to operate an arts supply store in an existing residence that
will remain a residence. The site is located on the south side of State Street, approximately 90-
feet west of First Street. This development is estimated to generate less than I O additional (10
existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation
manual.
B. The application and site plan stamped as received by the City of Meridian on August 31, 1999,
and submitted to the District on September 16, 1999, have been reviewed by the ACRD Planning
and Development staff and conforms to applicable District standards/policy, or can be made to v
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 ACHD Commission unless the site plan
is changed in such a manner as to not confor-n with District standards/policy or an,appeal of the
Planning and Development staff decision is submitted as described within the Standard
Requirements outlined below.
C. There is an unpaved alley abutting the south of the site. The applicant is not proposing to take
access from the alley, and no alley improvements will be required at this time. However, alley
paving and improvements may be required in the future if the site redevelops, or if access to the
site utilizes the allev. `
The following requirements are provided as conditions for approval upon significant redevelopment
of the site in the futw-e:
Site Specific Requirements:
Replace damaged curb, and/or ;utter on State Street with new curb. ;utter andior 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.
Pave the driveway its frill width and at least 30-feet lieyond'the edge of pavement of State
Street.
4. As required by District policy, restrictions on the width, number and locations of driveways,
shati be placed on future development of this parcel.
Standard Requirements:
This decision of the Planning and Development Supervisor may be appealed to the Ada County
Highway District Commission by the applicant or by another party within 1 ~ calendar days from
the date of this report. The requesr~il~necifically identify each rec~t,iiremPnr rn hp
~' ~ w w
substantial hardshi or in qi i v The request wilt be heard by the District Commission at an
evening meeting within 20 calendar days of the District's receipt of the appeal letter. The
appellant will be notified of the date and time of the Commission meeting.
2. After ACHD Commission action, any request for reconsideration ofthe 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 re .nest for reconsideration shall
~ ' 1 ally id n ifv each requirement to be reconsidered and incl ide wri n do ,mPnt~rion of
data that wa no 'availahlP to the (`nmmicc;nn ~t tha rimy of it' 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.
Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance.
4. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required~pennits), which incorporates any required design changes.
6. Construction, use and property development shall be in .conformance with all applicable
.,requirements of the Ada County Highway District prior to District approval for occupancy.
iii C U l'~)93 ~. ti L:\
Page 2
i
7. Any change by the appiicant_iil the planned use of t'he property which is the subject of this
application, sha[I require the applicant to comply withal[ n~les, 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/vai-iancz of said requirements or other legal relief is ;ranted 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^ofthe Ada Comity Highway District. The burden shall be upon the applicant to
obtain tivritten confirnlation of any chan~=e 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 Planriin~ and Development staff at
387-6170. ~ ~-
Sincer ly, .~
s
~ ,
p ,
Sal ' ' `
Planning nd Development Supervisor ., "~
cc: Plan&Dev Svcs - Chron/File - k y
City of Meridian --s--
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REcE~D
S E P 3 0 1999
CITY Off` Y~;ZIDIAN
PLEINNING & ZOl~'IN(R
~'t" ~ October 6, 1999 '
CCU
~-~ Jennifer Oak
55 E. State Street
Meridian, ID 83642
~ Re: Staff Level Approval
MCUP99-0035 55 E. State Street Art supply store
~~aa ~~~~
1,r
~, ~,,,~ Facts and Findings: ~ . _ ,
~ ~ ,.
~~-- '-~ A. The Ada County Highway District (ACHD)_staff has received the above'referericed'application
~~~ ~ requesting conditional use approval to operate an arts supply store in an existing residence that
-~ will remain a residence. The site is located on the south side of State Street, approximately 90-
T . ~ ~• feet~west of First Street: This development is estimated to generate less than 10 additional (10
~ existing) vehicle trips per day based on the Institute of Transportation Engineers Trip
_ Genera'tion~ manual::.. f Y, s , , -.
., ,
,~+ B. The application and-site plan stamped as received by the City of Meridian on August 31, 1999,
C~ and submitted to the District on September"16, 1999, have been reviewed by the ACRD
T• 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 ACHD Commission unless the site
~ plan is changed in such a manner as'to not conform with District standards/policy or an appeal
of the Planning and. Development staff decision is submitted as described within the Standard
Requirements.outlined below.
-~--~
C. There is an unpaved alley abutting the south of the site. The applicant,is not proposing to take
~,~ access from 'the alley, and no alley improvements will be required at this time., However, alley
paving and improvements may be r"equired in the future if the site redevelops, or if access to the
site utilizes the alley.
~ The following requirements are provided as conditions for approval upon•significant
redevelopment of the'site in the future: ~ : ~ ,-~ - ~~ , i-:::
~+ Site Specific Requ~remen'ts: ~ # _ , . ~ ~ ,., . _ '
. ~ xl. Replace damaged curb; and/or gutter on State Street with new curb, gutter and/or coricrete
-~' sidewalk to match existing impro"vements. Segments to be replaced shall be determined by
ACHD Construction Services staff.°: Contact Constriction Services at 387-6280 (with file
::
number) for details. ,_ - .:
..,.
z t ~ ~ ~~ ~ ,
k ~. , 1
2. Utility stceet~cuts in~'the~newpavement are~nof allowed finless approved~iii writing by the District.
Contact Constrtictior'Services'at 3$7-6280~(with file,number) for details. ~~~ ~ ~ ~ a-
~~3. Pave the driveway its full width and at least 30-feet beyond the edge of pavement of State
C~ Street.
~~~4. 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:
1. This decision of the Planning and_Development Supervisor, may be appealed to the Ada County
~,~ Highway District Commission by the applicant or by another party within 15 calendar days from
L~--~ the date of this report. The request shall specificall~'di entify each rec~irement to be
C~ reconsidered and include a written explanation of why such a regl~irement would result in a
.Z~ substantia hardshi op r inequity.. The request will be heard by the District Commission at an
evening meeting within 20 calendar days. of the District's receipt of the appeal-letter.:The ,
appellant will be notified of the date and time of the Commission meeting. ~ ° ~ ~ :'
~ 2. After ACHD Commission action, any request for reconsideration of the Commission's'action .
shall be made in writing to the Planning and Development Supervisor within two days of the
~~ action and shall include a minimum fee of $110.00. The re nest for rW onsideration shall
~ data that was not available to the ommission 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.
~ H3. xPayment of applicable road:impact fees,are required prior to building constttiction in accordance
with Ordinance #188, also known as Ada County'Highway District Road~Impact-Fee Ordinance:
C,.'~'. '4. All design and construction shall=be in accordance with the Ada Cotmty Highway District Policy
C~ Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho sha(l.prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building pen~it.
(or other°required permits), which incorporate's any required design changes.
6. Construction, use and property development shall be in conformance with all applicable
~~ requirements of the Ada County Highway District prior to District approval for occupancy.
T+ '... ~ ~ ~ Page 2
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7. Any change by the applicant in the planned use of the property which is the subject of this -s
application, "shall require the applicant to comply with- all Hiles, regulations, ordinances, plans, or
other regulatory and.legaLrestrictions in.force,atahe time,the applicant;or its successors in ;, •
.interest advises the Highway~District ofits-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. y y
~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. _
s __ _
Conclusion of Law:
' ~ ~ 1. ACRD requirements are intended to assure that the proposed use/development will not place an
C~ undue burden on the existing vehicular and pedestrian transportation system within the vicinity
~ impacted by the proposed development.
.--~ _ ..
- ... .
_ _ ..
Should ou have an
y y questions or comments, please contactthe.ACHD Planning and`Development staff
at 387-6170. - ~ ~ • ,. ~ ~,
~ Sincerely, ~ _ .. .. ~ . ... .. ;< ..
~-Larry Sale
C~Planning and Development Supervisor
~~
~cc: Project file
Lead agency
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MERIDIAN PLANNING & ZONING MEETING: OCTOBER 12, 1999
APPLICANT: JENNIFER OAK -THE FIBER HOUSE ITEM NUMBER: T
REQUEST: CONDITIONAL USE PERMIT=FOR RETAIL FIBER ARTS SUPPLY STORE
AGENCY COMMENTS ,
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY SEWER 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:
BUREAU OF RECLAMATION: -~
INTERMOUNTAIN GAS:
SANITARY SERVICE:
OTHER: ,a
All Materials presented at public meetings shall become property of the City of Meridian.
k
Mayor
ROBERT D. CORRIE
City Council Members
CHARLESROUNTREE
GLENN BENTLEY
ROIY ANDERSON
KEITH BIRD
MEMORANDUM:
To: Planning & Zoning Commission, Mayor & City Council
From: Bruce Freckleton, Assistant to City Engineer c
Steve Siddoway, Assistant Planner ~7
October 6, 1999
Re: Request for Conditional Use Permit for Retail & Residential Use "THE FIBER HOUSE"
at 55 E. State Ave. by Jennifer Oak. Case No. CUP-99-035.
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:
This site is located in Old Town, which requires a conditional use permit for retail uses. The
property is on the south side of State Avenue, between.Meridian Street and East First Street.
Neighboring properties include Image West Photo Studio to the west, Green & Green Law Firm t
to the east, and Jackson's Food Stores and Awards on Tapp across State Ave. to the north.
1. 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 additional load would justify an
adjustment. Applicant will be required to enter into an Assessment Agreement with the
City of Meridian prior to operation.
2. Parking, signage, walkways, and building construction shall meet the requirements of the
Americans with Disabilities Act. The walkway needs to be a minimum of five feet wide
per City Ordinance.
3. No signage has been proposed, and none is approved with this application. All signage
will be subject to design review and requires sepazate permits.
4. This conditional use permit shall be subject to review upon ten (10) days notice to the
applicant. No additional space shall be utilized for retail or other areas without a
modification of the conditional use permit. Transfer of the conditional use permit will
need to be submitted and approved by the Zoning Administrator for any new
owners/tenants.
5. All trash azeas are to be enclosed by a screen on at least~3 sides.
6. A total of 5 ofd street parking spaces is required per City Ordinance, one of which must be
van accessible. Neighboring property owners aze concerned about the lack of off-street
parking in the area.
HUB OF TREASURE VALLEY
A Good Place to Live LEGAL DEPARTMENT
CITY OF MERIDIAN oRKS~-2501
`70~) PUBL ~
w
33 EAST IDAHO BUILDING DEPARTMENT
MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297
(208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING
City Clerk Fax (208)- 888-4218 DEPARTMENT
(208) 884-533 • Faz 887-1297
i4 x
SF'
r ,~
,.
l ~
lVI'IVOf
ROBERT D. CORRIE
City Council Members
CHARLESROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
TRANSMITTAL
HUB OF TREASURE VALLEY
A Good Place t0 Live LEGAL DEPARTMENT
(208)288-2499• Fax 288-2501
CITY OF MERID , N PUBLIC WORKS
33 EAST IDAHO ~ ~~' ILDING DEPARTMENT
MERIDIAN, IDAHO 83642 ~ 0 ' 887-'-211 • Fax 887-1297
(208) 888-4433 • Fax (208) 887-4813 SEP j 5 1999 PLANNING AND ZONING
City Clei:k Fax (208) 888-4218 DEPARTMENT
~~~ O~'`,,;~r~r.0?D8) 884-5533 • Faz 887-1297
PLAi\~~; G ~ ZO~NCx
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: September'28, 1999
TRANSMITTAL DATE: September 13, 1999 HEARING DATE: October 12, 1999
FILE NUMBER: CUP-99-035
REQUEST: RETAIL FIBER ARTS SUPPLY STORE
BY: JENNIFER OAK "THE FIBER HOUSE"
LOCATION OF PROPERTY OR PROJECT: FIRST HOUSE WEST OF EAST 1ST AT 55
E. STATE AVENUE
TAMMY DE WEERD, P/Z
KENT BROWN, P/Z,
THOMAS BARBEIRO, P/Z
RICHARD HATCHER, 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
SANITARY SERVICE
BUILDING DEPARTMENT
_FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
~"`_ ,`,~.,~;` ~ CITY PLANLVER',~„
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:
, ,
~~~ ~ t 1999
CITY OF MERIDIAN r.-.~` ;.;: ,",,~:~
APPLICATION FOR A CONDITIONAL USE PERMIT ~~I ~ ~ ~ ~ ' '" =-
NAME: ~E 1U (..} l ~ ~ ~, U' ~ ~ PHONE: c~S S I ~~.~
ADDRESS: S~J ~ ~- ~`i ~~ i ~ }~~
GENERAL LOCATION: ~- t ~T-F~[~C,i~~ ~ T C~ ~ ITS Oiy ~5 f ~ ~51f~
Off' c~'F"r~. i~
DESCRIPTION OF PROPOSED CONDITIONAL USE: ~T~ i L ~ (~~~
#~
~1.1Z7S ~t,~-~L~! ~ -rr.~ i~
ZONING CLASSIFICATION: ~~ t-b -TOZ~I~-~
I certify that the information contained herein is true and correct.
LEGAL NOTICE OF PUBLIC HEARING
4 ~~ ~:
Pursuant to 'established procedure, NOTICE IS HEREBY~GIVEN that the Meridian Planning and
Zoning Commission will hold a Public Hearing in the Meridian City Hall on
at _.m The purpose of the Hearing is to consider a
CONDITIONAL USE PERMIT submitted by ~~ for
the property generally described as located at _
-,
TO
SUBDIVISION, BLOCK ,LOT
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Conditional Use Permit Application
1. Name, address, and phone number of applicant.
Jennifer Oak
55 E. State Ave.
Meridian, ID 83642
208-884-5173(h)/208-396-5976 (w)
2. Name, address, and phone number of owner of property.
Jennifer and Jerry Oak
55 E.-State Ave.
Meridian, ID 83642
208-884-5173 (h)/208-396-5976 (w)
3. Legal description of property.
L 18 & L 19 B 1 FA Nourse's 2"d add
4. Proof of ownership of subject property and notarized consent of property owner.
See Attachment A
5. Description of existing use.
The property is currently used as a primary residence.
6~ Present use of•subject property.
Residential
7. Proposed use of subject property.
I would like to open a retail store that sells weaving, knitting, spinning, and other fiber arts supplies. I
plan to operate the store from 5 pm to 8 pm Tuesday through Thursday and from 10 am to 6 pm on,
Friday and Saturday. I expect approximately one customer per hour.
My husband and I also plan to reside in the subject property.
8. The District that pertains to the subject property.
Old Town
9. Thirty copies of a vicinity map.
See Attachment B
10. A plan of the proposed site showing the location of all buildings, parking and loading areas,
traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities,
signs and yard. One site plan, elevations, and list of construction materials for all buildings.
See Attachments C for plan and D for site plan
11. A list of the mailing addresses of all property owners within three hundred feet of the external
boundaries of the land being considered.
See Attachment E
12. Characteristics of subject property that make a conditional use desirable.
The downtown Meridian area has several retail craft businesses. The subject property is located close
to these businesses and fits in well with this environment. It offers easy access on to, and off of, both
Meridian and E. 151 St. Also, the property is currently surrounded on three sides by businesses and on
the fourth side by a residence with an in-home business.
13. A fee of $275.00 plus $1.73 per 41 property owners listed in #11.
Personal check for $345.93 is enclosed. ,
14. A statement that the applicant or user of the property agrees to pay any, additional sewer, water
or trash fees or charges, in any, associated with the use.
I, Jenrifer Oak, agree to pay any additional sewer, water, or trash fees and charges associated with the
use of the subject property.
15. The application verification.
See Attachment F
16. Signed affidavit.
~•ee~~tt~t,~ .
• -
Jennifer Oak Page 1 o Submitted: 31 August 1999
Date: 7 Sep 1999
I, Jennifer Oak, give my consent for the The. Fiber House to operate a retail store in my
house located at 55 E. State Avenue.
-~ ~ 9~
Jennife ~ .Oak
- JULIE A POST
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APPLICATION COMMENT SHEET
Reviewed by: ~`I ~~ -
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Project: ~1~ u~c
Comments:
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