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HomeMy WebLinkAboutTreasure Valley Music CUPMayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4 1999 TRANSMITTAL DATE: April 8 1999 HEARING DATE: MAY 11, 1999 FILE NUMBER: CUP 99 01~, REQUEST: CONDITIONAL USE PERMIT FOR A SPECIALTY RETAIL MUSIC STORE BY: JOHN BEAGLEY LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD BETWEEN S LOCUST GROVE RD & S EAGLE RD (2400 E OVERLAND RD) TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER 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 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ~C~~~ ~ , ~oai aP CITY OF MERIDIAN Ci'~ Off' ~~±aI~II~~ . APPLICATION FOR A CONDITIONAL USE PERMIT ~,; ~ ~'~ ~+-~' U. ~ q ;,,~12 NAME: --~ OI-1 til ~ ~.G c..~`f PHONE: Zt78 3'110-1'Z-8P ADDRESS: Aso ~ M ~ ~~,~.~ ~ ~-~~ ~ l o~ GENERAL LOCATION: Socmt ~~T M~~c? „~~ ~ o~~-~~fl ~ DESCRIPTION OF PROPOSED CONDITIONAL USE: SP~r-G~t~'I'`( '~~T~~V ZONING CLASSIFICATION: G "G I certify that the information contained herein is true and correct. Signature of Applicant Social Security Number ~~/-3~'/-- ~~7 LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m. The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by ..~ ~.l P~ ~~ !'~t~EY for the property generally described as located at 24 d0 ~- D ~r rte. ~...0~,1~ D "~- p _, SUBDIVISION, BLOCK ,LOT TO fl4/fli/99 THi~ fl8:5fl FAX 2fl8 322 5597 i:iRST AMERICAN T +', '....: ..:~ ORDER NO. 93043133 NO/SL 163JVU0112 BxIiIBIT "A",~ p parcel of l:Ind located in the Southeaet,l/4 ot..the Southwest 1/4 of Section 17 in Tor+fldahO,andobeingRmore 1 particularl deecr bedAne fo11o 0: . Seginnsag at the quarter Corner in &outh aide of Section 17, Township 3 Noreh, Range i Raot, goi®e Meridian, nda Count!+, Idaho tceaterline of Overland Road) thence; North 0 degrees ii' Bast 1227.7 feet: to Cof interetaCe sax; Bide Of the right of war boundary, thence saifl Southerly aide 435.19 South 79 flegreee 49' West along > leet; CheDCe South 25 degreeo 41' Scot 175.75 feet; thence South 15 degrees 36' Bast 179.69 teet;,thence South 24 degrees 36' Saet 337.77 feet= thence South 55 degrees 30' Eaet 100.8 teat; theme . South 0 degraao 11' Nest 500 Legit; thence 8aat 100 LeeC to TAB,'rR~ POINT oi+ EBGINNING. _: _.; ,- ,. •• ~• v ~: fl4 04/01/99 TAU 08:49~FAX_208 322 5597 FIRST AMERICAN TITLE ,'. AartP a ~trraoYEO ~Y BRwNri~BlUr: ~~ >iracs et-ove nm to+te tat Recowora oav- 6610 Ot:det^ No.: 93043133 N6/r;L wa;~,rrrY D~ POR VALUE RECFiiVF.E3 CRAIG M. ROIiL, an utttttatrried ~reoa ,. I '... GRANTOR(S), does(do) hereby GRAMI`. BAiEGAIIJ, SELL and CONVEY uMO Cl1RTI3 D. SSCK aIId RIM L. PECR, hutoband and wife C,RpN7'g~($), whose cunetttsddress ia: 2400 8. OVBRLANI7: ROAD, I41i;RIDIAN, IDAHO 83642 tht folfovving dt:8cribed i=cii pi6~y in ADA County, Stare of Idahv, ttror~ particularly dc5cribed as folbws: rA Nit. . Ae eeC forCh Otl the attdChed c.7t:HlblT 'A', irhich by ttti6 reference becoRee a part hereof. ~ 9' 3 9 6 7 8 0 ~ ~ aoa ~.,. aECO~~~R ~. cavr~ F,.tv,:i*go eolsE to '93 NOU 17 FIB 3 51 RECOt0E0 aT .:;E HFOUEST 0. TO HAVE AND TO HOLD the r'i ~remisd, with their appurtenances unW the said Grautee(t), and Grarttce(s) heirs arse assigtu forevu. ne said t`itatttor(s) does(do) hereby covcnent to and with Ute said GC3titSe{s), btu Gramor(s) is/ar: the oew ,sj in fec sirnpk of acid pretnise;+; that said premises aro froo from ~ Crtcutr,branccs, EXCEPT those to wt ,n this conveyance is expressly made s.tbjoct and those made, suffcrM or done by the Grantoe(s); and subjot:t to rest:rvatiotu, restrictions, dalications, easetnettn, rights of way and agt+ecments, (if any) of rtrord, and gencril r~,re3 snd assessments, (ittctuding itsigatitsn snd utility asstasmwsts, if arty) for the eurrent year, which arc riot yu due and payabto, and U!u (itrrttor(s) will rtrarrrant and defend '. ;he same from all lawful elaitns whatsoever. II~t6d: November 16, 2993 1 ~Z c_tsA7c rt. ~o b $~'AT)"s l~F iiiAHO ) On.tlii.;:1(aGdAzy of . Novrmber in the year of 1543 , Iitfo~e life, Ute UtSdefSi~ficil, a Notsry Public in atid:'for.s;ed State, perso.>rtlty spp~d CRAIG Nf: IGBKL tnrawti ~i tdarttiti~ ' to 5c the person(sj vrhose tramc(s) is/ue sutrscribed w the within et*strttmenr, and aclinowYedgFd to 1Ke Yhat'he%shelthcy executed Uie same. ' i• y Poet - ~ 0 ~ . Sig",sfl([g~~--T+, it.~+t~ f/ .., ~ :~ ; NamC: GLEIv'DA P . WARNER . Residing at: t30] S8, 2DAHo 003 ~~ s ~ • We the owners of the s~ibject property located at: 2400 E. Overland Rd. Meridian, ID 83642 hereby grant r consent f John Baegley of Treasure Valley Music to apply for a Conditi al e Per rt or e aforesaid property with the City of Meridian. ~/ _ ~ • ~' C irtis P k Date •••~~.... ~.~a m Pe k Date ' ~OTq ~~ * '~r ~~~ ~~ Notary Public Date Cennm . E'`P . 3halaodo 'fie OP IDI`~ t ~ • " 2 REALTOR® COUNTER OFFER # I a': ~.,"°~" 3 4 THIS IS A LEGALLY BINDING CONTRACT, READ THE ENTIRE DOCUMENT, INCLUDING ANY ATTACHMENTS, CAREFULLY, BEFORE SIGNING. IF YOU 5 HAVE ANY QUESTIONS CONSULT YOUR ATTORNEY BEFORE SIGNING. 6 7 This is a COUNTER OFFER to the Real Estate Purchase and Sale Agreement and Receipt for Eamest Money: s Eamest Money Dated: 2 8 ~` 19 g~_ I D# ~ $ d l Z- 9 ADDRESS: Z o o £ O v n., L.4~n1.n 12m ~4:fl 1o Buyer(s): C., ~"'o e. ,p,,,r v C~ Sohn! g ~~~ 11 Seller(s): C0.RTIS ~2c_I~ A-~T~A '~~ r >~2/ G 12 D BUYER SELLER accepts all of the. terms and conditions in the above designated agreement with the following changes or 13 amendments: _ ~ _ _ 23 24 _S` ~_ 25 26 27 28 29 30 31 This agreement, upon its execution by both parties, is made an integral part of the aforementioned Agreement. All other terms and 32 conditions to remain the same. 33 The undersigned Buyer(s) reserves the right to withdraw this offer and/or the undersigned Seller(s) reserve the right to withdraw 3a this offer or accept any other offers at any time prior to them or their agent being in recei of a true copy of signed acceptance- o~f 35 this counter offer. If a signed acceptance is not received on or before :.~ a.m.~.rm~. ~e juc _, 19 3s this counter o er shall be deemed to have ex fired. 37 Dated 2 2 , 19 ~ BUYER 38 Time ~ % ~~ a.m.~ BUYER 3s Dated ~2¢~ , 19 ~_ SELLER ao Time ~` O~ a.m./~ SE a1 I/V1le acknowledge receipt of a true signed copy of acceptance. a2 Dated , 19 / a.m./p.m. BUYER a3 Dated , 19 / a.m./p.m. SELLER 44 This form is printed and distributed by the Idaho Association of REALTORS~Ada County Assocation of REALTORS. This form has been designed and is provided 45 only for use by real estate professionals licensed by the Idaho Real Estate Commission who are also members of the National Association of REALTORS® 46 USE BY ANY OTHER PERSON IS PROHIBITED. 47 ®Copyright Idaho Association of REALTORS®/Ada County Association of REALTORS®All rights reserved. 48 49 COUNTER OFFER EFFECTIVE DATE: OCTOBER 1,1997 Application for Conditional Use Permit cont. Applicant: John & Joe Beagley 350 N. Milwaukee #1026 Boise, ID 87788 (208) 376-1286 Subject Property: Owner: Peck, Curtis D. & Kim 2400 E. Overland Rd. Meridian, ID 83642 Section 17 3 N l E Par #6610 of SE4 SW4 Parcel # S 1117346610 Zoned C-G Existing Use of Property: The subject property currently has one, single family residence located on the northwestern side of said property. The residence is currently occupied. Residence will be moved from site prior to construction. fihe subject property is currently zoned C-G. Proposed Use of Subject Property: The proposed use of the subject property is for specialty retail in the form of a music store. Characteristics of Subject Property: The proposed use of the subject property for retail is positive for the city in that it will not be hazardous or disturbing to existing or future neighboring uses. It will be a positive addition to the economic welfare of the community. It will not involve uses, materials, or conditions that will be detrimental to any persons, property or the general welfare by reason of production of traffic, or environmental pollutants. The applicant hereby agrees to pay any additional sewer, water or trash ices or charges, if any, asso 'ated with the use of the said pro e~,rt - 1 ~~~ ~~~-~( j~~ have react and verified all contents in this application and have found everyth 11, g o be true and con•ect. The property will be posted one (1) week before the hearing stating that we have applied for a Conditional Use Pernlit. % _ ~„ • ~~ N ~~ s z $I t a ~ ~ ~ ~e b e `~:~ o a i .\ .\ ~. ~b\\\ .\ .\ i'. ' ~ .\ a ® ® ®® i a E ° ~ i - .. ~~ - .. . ~xK~~ . .~ ~' ~~ ~. n N ~ '' P ~~ $ € rn ` '~"` TREASURE VALLEY' MUSIC ~ , ~~r ~a.~rc r.. 9 • i~ ~r C C a r Z F 3' a ~' '~""`` ~ Ti~EASURE vALLE1' MUSIC ~ ~[ ~ E m --~ m m D ~I~ f N 0 C m r m D -i 8~ e • ~~~~~~~ ~ ~~ ~ ~~~$P~ ~~~~~~~ m Eg S i Y ~$~ 8~ I~ ~ ~ ~ ~ ~ ''~'"` `: TREASURE ~/ALLE1' MUSIG ~~ ~ W.._....,~ ,,,,,. # • m D N m r m D ~O F z 0 r m r m D ~_ F ' ` - ~ ~ ~1 . ' - ~ ~ ' '~"""' ~: TREASURE vALLE1' MUSIC ~ ~~ ~ ~ ~ a ~ / `° i ~ c M e ad o w ; E ~ [ es/ie rass St c ` r ~. _, __ ~ ~ ~~`~t,~,J ~ ~. ~ i ~. t { ' ~ ~ at a ~ ( ~ a` - ~ I _ o~c ~ c rn ~~ L., n N~ Ch i E Falrv! w Ave - a ~ k ~ ~~ m F !rv w v '~ ~ ~ irv! va err N ~\ u ~ U a ~s ~ ~ ~ n N ~ Z ~ ~ ~ ~ t l~-~~- w W U~- Pr' v W P' va ~ y i ~ Presider Dr X ~ E h v T 4tiv~q m r at p~ ,~ ~J Meri dian Beatty K!n W Frank r E Fra klin Rd Fr nklfn (` I/~ L ~ ~ a c ~ o; m ~` V ~ ~ ~ y ~ ~ , ~ m Waltman n ~ ~ ~ ~ 2 ~ .~... i~ 'f PROtalSrr. S~~ ~ ~ ~ '~,~.. ~ E Ovar an Ov rland d var d r~ w ~ U a ~ ~ a ~ ~- \ ~ ~ a a _ m H m it nar L g ~ W ~ ~ ~ y lctor r---,. E Victo t r Y r `~ o, ~ ~~ ~ Q m q m 1 _~ \ } ,, ~ y . ( \~ _ ~ Rum to t n T_ 0 mi 0.5 1 1.5 nic~os orr,~. Streets Plus TREASURE VALLEY MUSIC N VICINITY MAP Copyright ®198&1996, Microsoft Corporation andlor its suppliers. All rights reserved. (« ~ ~~tl Page ~ Q Q Q Q J ems' .6_ ~0 ~~~ a ° 22';:'22' " 3222' T,. ~ C~ CV°_~.=~_^. BC:=~ \J y~ J.y ^~ iF~ ~~ ~~ ~ 0 ~' ~ E F ' ~x bZ p ~~~ ~ I ~ ~1 Ma1? t 11 ,, ~ s=° xs_. -c¢ 33 ~c~,^~cAP'~G cv ow_e_aN~ cap Df21vEWAY - i ~ ~ N y R '~ 9 'AN '~N ~AT..¢AL STATE ~.X ~'~ :0 2 JOB NO.: °9-i3 DATE: DRAtLN B~": 3i3ai9° KDC F . V 'I~ A--U--A ~I~ upe^~~~N/O A-~ ~ P! R~ .~ 4 tl ~ ~' ~€ ~ ~ E SHEET ~ f ~~ nvseT xA~: r . ~aa'-a ITY OF MERIDIAN "Hub asure Valley" 3 E. Idaho Meridian, Idaho 83642 888-4433 c;ustolrer s Order No. Date ~ - ~ - o Name P ~ ? ~~ ~ ~ - ( ~ Address Phone: SOLD BY ~bf!'STT' C.O.D. CHARGE ~~ x,33 ON ACCT. MUSE, RETD. PAID OUT L.U. P z~51~ I I I I Alt claims and returned goods' hFUST De accompanied by this bill T I AX 0 0 0 9 2 0 3 Byceived 5 TOTAL Z~ j GS-202-2 PRINTED IN U.S.A. II~~vxixteowirx QQ ~/SOYINK,. C~AYIiU i9tU TREASURE VALLEY MUSIC, INC. KEITH JORGENSENS MUSIC 350 N. MILWAUKEE # 1026 208-376-1286 BOISE, ID 83788 r a e TO THE l ~l 7 ".1' ~ T l ~X/VI t~ ~r'^""~./ ORDER OF 4633 ,qJ~ ! V/~' 92-6/1241 DATE Y ~ ` _ ~ 1 159 i ~ 3 = ~.,,~ '~~ /C~!-t DOLLARS B°~'°'~ F/~",5t I%irst Security Bank, N.A. Security ]-208-393-4200 ~ Bank I~ ~R ----- - --- ------- ------ -------____._~' ~ 11'0046 3 311' ~: L 24 100064: L 59 000 L9 511' 0 (~,tLP~ I l cer+• ma i l; n9s w ~ ~. « _ ~ l9 TREASURE VALLEY MUSIC - 2400 E. OVERLAND RD• PROPERTY OWNERS WITHIN 300' B & F ENTERPRISES 192 SUN BURST WAY BOISE ID 83709-0675 1151 S WELLS ST IIAIN DENNIS D & MARCIA L 2074 BENTLEY AVE MERIDIAN ID 83642-6212 SMITH DEAN E & SHARON K 1120 MUSTANG DR MERIDIAN ID 83642-6221 GAYNER JULIE C AND LUND JANET L 2305 CONTINENTAL DR MERIDIAN ID 83642-6219 TROIJTI~TER KELLY E 2275 CONTINENTAL DR MERIDIAN ID 83642-6219 WELCH RICHARD A & 5USAN M 2106 BENTLEY DR MERIDIAN ID 83642 VAN AUKER RONALD W 3084 E LANARK MERIDIAN ID 83642 2600 E OVERLAND RD PECK CURTIS D & KIM L 2400 E OVERLAND RD MERIDIAN ID 83642-6610 HOWELL WILLARD & ANGELA 10455 JAY RD BOISE ID 83703-9775 2200 E OVERLAND RD VOIGT GARY L AND GROVES C R & R L AND BASS ROBERT & DANA 1908 JENNIE LEE DR IDAHO FALLS ID 83404-6159 1965 E OVERLAND RD KENAI PARTNERS LLC 6223 N DISCOVERY WAY BOISE ID 83713 E OVERLAND RD ~:. • • c ~,, ~ ~, -~-,, ~~ ~~J ~ AUG - 7 1999 in teroffi c e cl~ of ~xl~l~a~ ME MORAND U M To: cc: From: Subject: Date: William G. Berg, Jr. Angel Sims Wm. F. Gigray, III ~~"D~- PECK DEVELOPMENT AGREEMENT (BEAGLEY CUP) July 28, 1999 Will: I do not recommend that any development agreement be signed by someone who is not the owner of the real property. (See Finding number 4 at Page 2.) If the Peclcs are going to sell the property, I recommend that this matter be tabled until they complete the sale and then open the hearing again to have additional evidence of the new owner. What the Pecks need to do is sign the Development Agreement, and then when they sell the property obtain a Hold Harmless Agreement from the buyer. If you have any questions please advise. msg/Z:\Worlc\M\Meridian 15360M\Beagley CUP\Cler1c072899.Mem Jul-30-99 17:11 M N 1 interoffice M E M O R A N D U M To: William G. 1.3erd, Jr. cc: t~-ngel Sims from: Wm. h. Ciri~ray, III Subject: PECK I)HVF;I.OPMENT ACiRLCMLN"1' (13h:AC,Y:F.Y CtJP) Date: July 2b, 1!)!)!) V~'ill: P.02 ~~ ~~,A~T~~~ ,1 U l 3 0 1999 CI'I'~ OF bIERIDIAN I dc) ru)t. recoriurtericl that any c~lcvclnl~ment a~reeirtez~t hr si~;nc.cl by ~~nt~~nc whO is n<)r. the Owner ~f tht~ real Y~rahcny. (See kiriclin~; number ~ at. Page ~.) lC the I'ccks arr ~;~irt~; t~ sr.ll tht~ I~ml~crty, I r~coYYtnte>>cI that. i.his mau~cr be tah]c~cl until tltey complete the s;~lc.:~ind ttiett ()sett tl~e hearing again t.() ltave acitlitir)nal evidrttcr uti th~~ new ~vvner. What the I'rclcti nred 10 Clp lti S1gT1 t1lC I~cvel<)plttertt A~;rt;c~mcn~, and LheTl wllrrl t}ll,y ticll t.hc propert}~ t~l~t:tin a II()ld I I:annl(~ss /lgreetttetlt frt~m th(~ buyer. if yot~ have any cluesti~ns pl~~asc advise. ir~c~,~7 \w~>rkV\4'J~1rii~h;m 1 i:SGUVI\Res{ley C:UI'\i~l~~rkllYlH')O.Men~ JUL 30 '99 15:43 PAGE.02 Jul-30-99 17:11 M M P.O1 WxITc, PF T ERSCN, PRL'S~, iv(ortR~W St GiCR.~Y, P.?~. .-~ro><NFY~ nr L.{w ~U5T1N P .~ri:m17RTN ;crux K~.E7N tisexea ~. :NMUEL ;OHV SGN •YILLAM •~. N!)RRgW ?~nur n. ?ETEASW ~7'FFHEN L. ?RUSs ~•uC =. QOSS~IAn .UDO ~\. XOSSI+AN 3.:TFFYE4 RVT}IEAFQRD rE~~ a. yw~ .00 E.~°r ~..~RL=UN AVENLE. SU1 i c :1 !'O5T ODIC; 9C)X :150 .'~tE~ID1AN. iDAHC; d;ha0-11`J icL ;.OS) 2°9,x99 X ; X091 :89.:;01 ~~~aLE ~.~~s~r.~t r `_ -~ TO: r,~,le-e..C.., - ~ 2-~- CO11rQ' HIV F:a.X Y: ~ .~ ~.~ PHONE: ~I,~hIP.q c]F.-iC8 ioa NINTH n~F~+VE _aurH ?os ~ ';fFIC~ Box :a) vnanrA.:on Ht~ A3ti5i •02~ 7 :L~i~E REPLY -0 FROM: ~ ~~~~ >. ~,~ White, Pe_r~'son, ~'russ, ti~or_-~w ~ Gi~-av Yle~di~. Office P~iONE: 0081 ?S~-_ayy C~nri~e:-lti~.iii~; ~il~L~: : z~ ~")nrc_^.L`' •~r 'u~• .~;.nsr•„l:slc)n .ar°~ nLe~~l~lc.: ~,i -~ :~_^ it:u :s~•.2 ,~ni~' ~w :hu rl~ii';~tiu~i :.) •.v;;i)nZ :::~ ..ciur~esa~i. a '•r)u :~::~:~.•e :hl_ :~.~ns~:s~;lnn .n ~--=c)r Jll?~:;2 <:,ill ~.)t]I ,~li:C? :;~) :'1::L',VI! :Tl:i~' i:';.:ii~_"~ iO ~1C';•: ~D "!le' '1C)C:ilIll-':~C .:Il(:. -~iLlL'~ !L :U "!ll' ~~I:1C' :L '~1~~t~ :L1LC:'.L:c•:L: a)L. ~~Ul: auk' ~::il .l)!LL'-- 1 .UCI'~ 11~L.:.I1C''' -~)~:~ .~~-- it~t) -il:illK~. JUL 30 '99 15 42 PAGE.01 NL,rNIBEZ OF ~'AGE~: ~.. (In~!udin~ ~pve- snee:l • • Will 'Berg From: Brad Hawkins-Clark [hawkinsb~ci.meridian.id.us] Sent: Thursday, July 22, 1999 4:14 PM To: Shari Cc: bergw~ci.meridian.id.us; simsa~ci.meridian.id.us Subject: D.A. for Treasure Valley Music Kim Peck, the property owner of the T.V. Music store site N. of Overland (C.U.P. approved by C.C. 6-15), called today. She said a realtor gave her a copy of the Development Agreement to sign. However, the sales agreement isn't finalized yet between her and T.V. Music, so she is hesitant to sign the agreement committing herself to the terms and conditions of the D.A. when she is not the applicant. She wanted you (the City) to know she is not going to sign the agreement until the title changes hands, at which time she would like the D.A. to be between T.V. Music and the City, not her. ~,~c~' I~ ,! U L 2 3 1999 CITY OF iV1ERIDIAN 1 • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on May 11, 1999 for the purpose of reviewing and considering the application of John Beagley for a conditional use permit for a specialty retail music store, which is generally located north of Overland Road between S. Locust Grove Road and S. Eagle Road (2400 E. Overland Road). A more particular description of the above property is on file in the City Clerk's ofFce 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 19th day of April, 1999. ~t~%~~-- ,`~1`~~~stA~~+WI'~AM G. BERG, JR., I CLERK PUBLISH, April 21& May 5, 1999. ~~,,~,~~ r~fi,,~ ~~ ~~~I, ,,,,q~, . "~'~,`,, • . a c i : ~ ~ ~ ~ i ~ ~ L r ~ ~ I l ,~~ I i r E Meadow rass St ~ e r , ~! ~~~ ~- ~ j J C ~ '~~ ~ ~ h rr Ln E Fairvi Ava ~ alrv! w v ~ ' i i v ~ ~) ~- ~i ~ N ~ u 1 ~ to O C~ p y ae o ~ n f 2 ~ i ~ W I I r-_ , O Pi v` W v pr esider Dr h Y ~ X 4t 1 r ! I l+s ~r 1 I Meri dian ~Beariy K!n W Frank rn E Fra kiln R Franklin R a ~ ` ~ •L - `' -r > o ~ m ,~ ~ r (~ .~. y _ ~ ~ t0 ~ ~ Wa! n n ! y ~ C ~ m C ~ ~ `Y" I . i y ~ ~ ~ W i S~~ ~ E Over n y r nd d v ~ ~ r I I ~ o U a m \~ ~ a ~ ~p •~ ~ m ur m !r nar m ~ °' ~ W y '~ y h iator E Vi r V 1 r `a m '4 ~ J Rum to n ~ -~ n '~~ 1 ~ ` r 0 mi 0.5 1 7.5 Nic~osorr~, Streets Plus TREASURE VALLEY MUSIC N VICINITY MAP Copyright ®198&1996, Microsoft Corporatbn and/or Its suppliers. All rights reserved. ~ 11~ ~ ~'1 Page 1 ** TX CONFIRMATrON REPORT ** AS OF APR 19 "3J 11 ~ 40 PAGE. 01 CITY OF MERIDIAN DATE TIME TO/FROM 08 04/19 11 40 208 888 1097 MODE MIN/SEC PGS CMDkt STATUS EC--S 00'31" 001 129 OK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on May 11, 1999 for the purpose of reviewing and considering the application of John Beagley for a conditional use permit for a specialty retail music store, which is generally located north of Overland Road between S. Locust Grove Road and S. Eagle Road (2400 E. Overland Road). A more particular 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 19~' day of April, 1999. ~.Gt~..-~ ~_ -M G. BERG, JR., PUBLISH, April 218 May 5, 1999. ~~ ~~`o ~~~ f i Meridian City Council Meeting July 20, 1999 Page49 Bentley: Mr. Mayor I move we approve the development agreement, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made and second to approve the development agreement for the Mayor to sign and the Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 19. ORDINANCE #833 -- REZONE ORDINANCE BY MATTHEW & DANITA HARTZ FOR 1990 N. MERIDIAN ROAD (R-15 TO L-O): Corrie: City Clerk to read the ordinance and give it a number and read it by title only. Berg: Thank you Mr. Mayor. (ORDINANCE #833 WAS READ BY TITLE ONLY) Corrie: Is there anyone present who would like to have Ordinance #833 read in its entirety? Hearing none, I'll entertain a motion for Ordinance #833. Bentley: Mr. Mayor I move we approve Ordinance #833 with suspension of rules, authorize the Mayor to sign and the Clerk to attest. Rountree: Second. Corrie: Motion is made by Mr. Bentley second by Mr. Rountree to approve Ordinance #833 with suspension of rules, the Mayor to sign and the Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion roll call vote. ROLL CALL: ROUNTREE, AYE. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 20. DEVELOPMENT AGREEMENT BY CURTIS & KIM PECK FOR 2400 E. OVERLAND ROAD (JOHN BEAGLEY CUP): Corrie: Question here Mr. Berg, is do we have a signed agreement? Berg: Mr. Mayor and members of the Council, no I did not receive the signed agreement. We were made commitments that were not followed through to meet the agenda, so either we can table it or just strike it off the agenda until I get a signed development agreement. ~ ~ Meridian City Council Meeting July 20, 1999 Page50 Corrie: Is there a reason they're not signing it, a particular reason? Berg: Mr. Mayor and members of the Council, we had contacted them. They said that they would get it in by last Wednesday. We didn't receive it by last Wednesday. Further comments or correspondence with them said we'd have it Friday. We've called them back and they have not got it to us. I do not know of any problem with signing it or any sections or concerns of the development agreement. So I'm kind of up in arms about what the concerns would be. Bentley: Mr. Mayor I move we remove it from the agenda until such time as they present it to the Clerk. Bird: Second. Corrie: Motion by Mr. Bentley second by Mr. Bird to remove item number 20 from the agenda until they come back and decide they want to do it. Any further comments? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 21. REPEAL OF ORDINANCE #775 - ORDINANCE #834 VACATION OF GENTRY WAY: Corrie: This ordinance will be Ordinance #834; is that correct Mr. Clerk? Okay the Clerk will please read Ordinance #834 by title only. Berg: Thank you Mr. Mayor. (ORDINANCE #834 READ BY TITLE ONLY) Corrie: Is there anyone from the audience who would like to have Ordinance #834 read in its entirety? Hearing none, I'll entertain a motion on Ordinance #834. Bentley: Mr. Mayor I move we approve Ordinance #834 with suspension of rules. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve Ordinance #834 with suspension of rules, the Mayor to sign and the Clerk to attest. Any further discussion? Hearing none, all those in favor of the motion, roll call. ROLL CALL: ROUNTREE, AYE. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL AYES. MERIDIAN CITY COUNCIL MEETING: JULY 20 1999 APPLICANT: JOHN BEAGLEY (CURTIS & KIM PECK) AGENDA ITEM NUMBER: 20 REQUEST: DEVELOPMENT AGREEMENT FOR 2400 E. OVERLAND ROAD AGENCY COMMENTS CITY CLERK: SEE ATTACHED D/A CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ~I ADA COUNTY STREET NAME COMMITTEE: ~y~,(~~~ CENTRAL DISTRICT HEALTH: ~v `Y V NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~a' ~~, w BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • RESOLUTION NO BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE DAY OF , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND CURTIS D. PECK AND IQM L. PECK. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with CURTIS D. PECK AND IQM L. PECK, husband and wife, denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CURTIS D. PECK AND IQM L. PECK, husband and wife, entitled "DEVELOPMENT AGREEMENT" dated the day of , 1999, by and between the City of Meridian and Curtis D. Peck and I<im L. Peck, husband and wife, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 1999. RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH CURTIS D. PECK AND KIM L. PECK /TREASURE VALLEY MUSIC • • APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of 1999. MAYOR ATTEST: CITY CLERK msg\Z:\Worlc\M\Meridian 15360M\Beagley CUP\Resolution RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR TO ENTER INTO A DEVELOPMENT AGREEMENT WITH CURTIS D. PECK AND KIM L. PECK /TREASURE VALLEY MUSIC i ~ CERTIFICATE OF CLERK OF THE CITY OF MERIDLAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", DATED THE DAY OF , 1999, BY AND BETWEEN THE CITY OF MERIDIAN AND CURTIS D. PECK AND IQM L. PECK. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with CURTIS D. PECK AND IQM L. PECK, husband and wife, denoted as "DEVELOPMENT AGREEMENT" a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with CURTIS D. PECK AND IQM L. PECK, husband and wife, entitled "DEVELOPMENT AGREEMENT" dated the CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN day of , 1999, by and between the City of Meridian and Curtis D. Peck and I<im L. Peck, husband and wife, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. STATE OF IDAHO, ss. County of Ada, ) WILLIAM G. BERG, JR. On this day of , in the year 1999, before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ msg\Z:\Work\M\Meridian 15360M\Beagley CUP\CertificationClerkfor RES CERTIFICATE OF CLERK OF THE 2 CITY OF MERIDIAN Meridian City Council Meeting June 15, 1999 Page 33 Corrie: Are there any questions between stafF or Council? Bentley: I have none. Bird.: I have none, Mayor. Corrie: Hearing none - • Bentley: Mr. Mayor I move we adopt the Findings of Fact and Conclusions of Law and Decision and Order granting conditional use for a bank with drive through lanes by Home Federal. Bird: Second. Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the Findings of Fact and Conclusions of Law request for a conditional use permit for the Home Federal Bank drive through lanes and approved and order be drawn. Any further discussions? Hearing none, roll call vote. ROLL CALL VOTE: ROUNTREE, YEA. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A SPECIALTY RETAIL MUSIC STORE BY JOHN BEAGLEY-NORTH OF OVERLAND RD BETWEEN S LOCUST GROVE RD & S EAGLE RD (2400 E. OVERLAND RD): Corrie: Is there any discussions or questions of Counsel or staff? Bird: I have none. Corrie: Okay, hearing none, I'll entertain a motion on the item number 12. Bird: Mr. Mayor I move we approve the Findings of Fact and Conclusions of Law and Decision and Order for a conditional use permit for a specialty music store by John Beagley, north of Overland Road between S. Locust Grove and S. Eagle Road, 2400 E. Overland Road actual address. Anderson: Second. • Meridian City Council Meefing June 15, 1999 Page 34 Cowie: Motion made by Mr. Bird second by Mr. Anderson to approve the Findings of Fact and Conclusions of Law on item number 12 and have an order drawn. Any further discussion? ROLL CALL VOTE: ROUNTREE, YEA. ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. 13. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING FOR PROPOSED CHERRY LANE ESTATES BY JEFFREY L. MANSHIP-4375 W. CHERRY LANE: Cowie: At this time I will open the public hearing and first hear from staff. Staff, do you have any questions as far as the recommendation on the Planning and Zoning Recommendations? Shari. Stiles: Mr. Mayor and Council, I don't really have any questions. I'd kind of like to let you know what has happened on this project. It's gone on since I think they initially submitted in November. They're proposing one acre lots on septic systems. They are immediately adjacent to the Parkside Creek Subdivision and there is no sewer available at #his time to serve the property. So they came in for the annexation and zoning to an R-2 density. They then also submitted a preliminary plat. There was extensive discussion because of the fact that a five acre parcel exists to the south of this property that they also want to develop, but the staff told them that we wouldn't recommend tha# more than the four lots be on a private road. They're proposing a 30 foot wide gravel road to serve these three additional units, two additional units. There is an existing house on the property on Cherry Lane. As we were going through the process with Planning and Zoning Commission, one of the commissioners noted a paragraph in our comprehensive plan that said if density below three units per acre were proposed, it had to be considered as part of a conditional use under the planned development guidelines and also that they had to provide a cost benefit analysis to the city. There has been an additional development since this project has come in. It's something that you will see in the future. I don't know how much I'll say without Mr. Gigray stopping me, but there is an application in the process for 40 acres at the southeast corner of Black Cat and Cherry. I'm not sure how the Public Works Department is going to review that and what their comments might be as far as using the existing sewer system to serve that as part of the Planning and Zoning Department's review, we would require that at least the stub be extended to the Brawn property, which is the five acres to the south of this property. I don't know if that will have any impact on your recommendation. Staff did have a very hard time with this project because of the many terms in our comprehensive plan that it was not consistent with. Other than that, Mr. Manship is here and anxious to at least • i BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF JOHN BEAGLEY, FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION AND DEVELOPMENT OF A SPECIALTY RETAIL MUSIC STORE (TREASURE VALLEY MUSIC), 2400 E. OVERLAND ROAD, MERIDIAN, IDAHO Case No. CUP-99-011 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS The above entitled conditional use permit application having come before the City Council on the 1st day of June, 1999, and Shari Stiles, Planning and Zoning Administrator, having appeared and testified, and no one appeared in opposition of the application, and the 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: 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 June 1, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 1 1999, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of 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 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 newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the June 1, 1999, said 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. The property is located at 2400 E. Overland Road, Meridian, Idaho. 4. The owner of record of the subject property is Curtis D. and I<im Peck of 2400 E. Overland Road, Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 2 5. Applicant is John and Joe Beagley of 350 N. Milwaukee No.1026, Boise Idaho. 6. The subject property is currently zoned General Retail and Service Commercial (C-G). The zoning district of General Retail and Service Commercial (C- G) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(11). 7. The proposed application requests a conditional use permit for construction and development of a Specialty Retail Music Store (Treasure Valley Music). The General Retail and Service Commercial (C-G) zoning designation within the City of Meridian Zoning and Development Ordinance ordinarily does not require a conditional use permit be obtained for the proposed use. This property is designated in the Meridian Comprehensive Plan as Mixed/I'lanned Unit Development, as such, a Conditional Use Permit is required for the proposed use. (Meridian City Zoning and Development Ordinance, Section 11-2-409B).) 8. As this property is designated Mixed Use,/Planned Unit Development, the use proposed within the subject application will in fact, constitute a conditional use as determined by City policy. 9. The Meridian City Council takes judicial notice of its Zoning, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 3 ~ ~ 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, Ord. No. 629-Jan. 4, 1994 and Maps and the Ordinance establishing the Impact Area Boundary. 10. Giving due consideration to the comment received from the 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: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 10.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 10.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 4 City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 10.3 Off-street parking shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 10.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 10.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 10.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 10.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 10.8 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 10.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 10.10 Development shall be conducted under Planned Unit Development procedures and as conditional uses... (Meridian Comprehensive Plan Policy 5.10, page 28). 10.11 Applicant shall provide a revised site plan detailing all existing and proposed utilities for review by the Meridian Public Worlcs FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 5 Department. Designer shall coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 10.12 Applicant shall provide the Public Worlcs Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 10.13 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains. Applicant may participate in the cost of the sewer trunk line extension at time of its construction. 10.14 Applicant shall provide a calculation of total asphalt area. 10.15 Trees in addition to the required three-inch caliper trees must be provided. Applicant shall provide a detailed landscape plan, including berming details, for review and approval. A minimum 35' landscape setback shall be maintained beyond the rights-of--way on I-84 and Overland Road. Spruces along Overland Road shall be changed to deciduous trees. 10.16 Lighting plans shall be reviewed by the City of Meridian to ensure adjacent residential properties and the traveling public is not impacted by glare. 10.17 Detailed signage plans shall be submitted for review and approval. 10.18 Applicant shall coordinate location and construction requirements for trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 10.19 Handicapped accessible parking spaces shall be provided in accordance with the Americans with Disabilities Act. All building FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 6 and parking lot construction shall meet the requirements of the Americans with Disabilities Act. 10.20 Drainage swales shall not be within the landscape setback along 1- 84. 10.21 No City water shall be used for landscape irrigation. 10.22 No applications for building permits shall be accepted until such time as sewer, water and fire protection is available to the site. 10.23 A development agreement was required as a condition of the original annexation. The development agreement shall include landscape setback requirements, requirements for maintenance of areas shown as "to remain in natural state" on plans, any signage restrictions, visual appearance issues, construction of utilities, etc. Adopt the Meridian Fire Department's Recommendations as follows: 10.24 Applicants shall satisfy all fire code requirements. Adopt the City of Meridian Water Dept. recommendations as follows: 10.25 The 12" water main must be extended to connect with City water. Adopt the Central District Health Department's Recommendations as follows: 10.26 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health &. Welfare, Division of Environmental Quality. 10.27 Run-off is not to create a mosquito breeding problem. 10.28 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 7 • 10.29 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Nampa & Meridian Irrigation District Recommendations as follows: 10.30 Requires all laterals and wasteways be protected. 10.31 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa &. Meridian Irrigation District must review drainage plans. 10.32 The developer must comply with Idaho Code § 31-3805. Adopt the Sanitary Services Company Recommendations as follows: 10.33 Trash cans must be set out at the edge of the parking lot by 5:00 a.m. on collection day. 10.34 That a container enclosure be located at either the east end of the parking lot or at the west end of the parking lot in the driveway area. Enclosures must be constructed such that manner that the door(s) of the enclosure swings open, locks in position, and a front- loading truck can access the dumpster, to allow for the greatest flexibility in container sizes and service choices. 11. To maintain compliance with the Comprehensive Plan, the project should be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such intended conditional use will not change the essential character of the requests. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 8 • CONCLUSIONS OF LAW The City Council adopts as its Conclusions of Law the Recommendations 10.1 through 10.35 of the Recommendations to City Council made in the above entitled matter by the Planning and Zoning Commission which are incorporated herein by reference as if set forth at length. 2. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 3. The Meridian Planning and Zoning Commission may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Title XI, Chapter 1, Municipal Code of the City of Meridian. 4. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of Meridian has done in the adoption of its zoning ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 9 S. The City Council has the duty and responsibility to review the facts and circumstances of each application for conditional use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Section 11-2-418, City of Meridian Zoning and Development Ord.): a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 10 h. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. Prior to granting a conditional use permit in a Light Industrial District (I- L), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Section 11-2-418E City of Meridian Zoning and Development Ordinance, which provides as follows: "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." 7. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 11 application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Section 11-2- 418(f), City of Meridian Zoning and Development Ordinance.) 8. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: 8.1 Minimize adverse impact on other development; 8.2 Control the sequence and timing of development; 8.3 Control the duration of development; 8.4 Assure that the development is maintained property; 8.5 Designate the exact location and nature of the development; 8.6 Require the provision for on-site public facilities or services; and 8.7 Require more restrictive standards than those generally required, in this Ordinance. 9. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 12 ~ ~ 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: 1. That the above named applicant is granted a conditional use permit to use the property for the construction and development of a Specialty Retail Music Store (Treasure Valley Music), subject to the following conditions of use and development: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 13 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 1.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 1.8 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.10 Development shall be conducted under Planned Unit Development procedures and as conditional uses... (Meridian Comprehensive Plan Policy 5.10, page 28). 1.11 Applicant shall provide a revised site plan detailing all existing and proposed utilities for review by the Meridian Public Worlcs Department. Designer shall coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 1.12 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 1.13 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains. Applicant may participate in the cost of the sewer trunk line extension at time of its construction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 14 • 1.14 Applicant shall provide a calculation of total asphalt area. 1.15 Trees in addition to the required three-inch caliper trees must be provided. Applicant shall provide a detailed landscape plan, including berming details, for review and approval. A minimum 35' landscape setback shall be maintained beyond the rights-of-way on I-84 and Overland Road. Spruces along Overland Road shall be changed to deciduous trees. 1.16 Lighting plans shall be reviewed by the City of Meridian to ensure adjacent residential properties and the traveling public is not impacted by glare. 1.17 Detailed signage plans shall be submitted for review and approval. 1.18 Applicant shall coordinate location and construction requirements for trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 1.19 Handicapped accessible parking spaces shall be provided in accordance with the Americans with Disabilities Act. All building and parking lot construction shall meet the requirements of the Americans with Disabilities Act. 1.20 Drainage swales shall not be within the landscape setback along 1-84. 1.21 No City water shall be used for landscape irrigation. 1.22 No applications for building permits shall be accepted until such time as sewer, water and fire protection is available to the site. 1.23 A development agreement was required as a condition of the original annexation. The development agreement shall include landscape setback requirements, requirements for maintenance of areas shown as "to remain in natural state" on plans, any signage restrictions, visual appearance issues, construction of utilities, etc. 1.24 Applicants shall satisfy all fire code requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 15 1.25 The 12" water main must be extended to connect with City water. 1.26 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health SL Welfare, Division of Environmental Quality. 1.27 Run-off is not to create a mosquito breeding problem. 1.28 Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.29 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 1.30 Requires all laterals and wasteways be protected. 1.31 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa SL Meridian Irrigation District must review drainage plans. 1.32 The developer must comply with Idaho Code § 31-3805. 1.33 Trash cans must be set out at the edge of the parking lot by 5:00 a.m. on collection day. 1.34 That a container enclosure be located at either the east end of the parking lot or at the west end of the parking lot in the driveway area. Enclosures must be constructed such that manner that the door(s) of the enclosure swings open, locks in position, and afront-loading truck can access the dumpster, to allow for the greatest flexibility in container sizes and service choices. 2. The conditions shall be reviewable by the Council pursuant to Section 1- 2-418(I~) of the City of Meridian Planning and Zoning Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 16 u 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. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Cleric upon the applicant, the Planning and Zoning Department, the Public Worlcs Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 17 • NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of 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 decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held June 1, 1999. ROLL CALL: COUNCILMAN ANDERSON VOTED COUNCILMAN BENTLEY VOTED COUNCILMAN BIRD VOTED COUNCILMAN ROUNTREE VOTED MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: ~ ly~~~l FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 18 MOTION: APPROVED• DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. /~~~ Dated: By' s,~~tsu~rrrr - ity Clerlc *~*,~~~'~'~`~t~ rt~+~~''',rf i ~~ f -.. ~r~o -,. ~ ~. ~ ~ ~" SQL _ ~~ ~~ • '9© r Sgt , ~. ~~ msgZ:\Work~MWieridian 15360M~Beagley CUP~FFCLOrrdeft~C~Y ~ ~P~~+,~` ~hrrr+~r~~TUt~~'~~'~' ~'`' ~r FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS BY JOHN BEAGLEY - 19 • BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR ) CUP-99-011 CONDITIONAL USE PERMIT FOR ) CONSTRUCTION AND DEVELOPMENT OF ) ORDER OF CONDITIONAL A SPECIALTY RETAIL MUSIC STORE ) APPROVAL OF (TREASURE VALLEY MUSIC) BY JOHN ) CONDITIONAL USE PERMIT BEAGLEY, 2400 E. OVERLAND ROAD, ) MERIDIAN, IDAHO ) This matter coming before the City Council on the 15th day of June, 1999, 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 the applicant, John and Joe Beagley, and Curtis D. and Kim Peck, owners of the property are granted a conditional use permit for the construction and development of a Speciality Retail Music Store (Treasure Valley Music), as described in the Site Plan as Plan bearing DATE 3/30/99, DRAWN BY: KDC, JOB NO. 99-13, KAREN CRANDLEMIRE, DESIGN, as conditionally approved by order of the City Council on the 15th day of June, 1999, for the development of the aforementioned projects and which property is described hereinbelow to-wit: A parcel of land located in the Southeast 1/4 of the Southwest 1/4 of Section 17 in Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and being more particularly described as follows: Beginning at the quarter corner in South side of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho (centerline of Overland Road) thence; North 0 degrees 11' East 1227.7 feet; to the Southerly side of the right of way boundary of interstate 84N; thence; South 79 degrees 49' West along said Southerly side 435.19 feet; thence South 25 degrees 41' East 125.75 feet; thence South 15 degrees 26' East 179.69 feet; thence ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT BY JOHN BEAGLEY (TREASURE VALLEY MUSIC) - 1 • • South 24 degrees 36' East 337.77 feet; thence South 55 degrees 30' East 100.8 feet; thence South 0 degrees 11' West 500 feet; thence East 100 feet to THE TRUE POINT OF BEGINNING. 2. This permit is subject to the following terms and conditions: That the above named applicant is granted a conditional use permit to use the property for the construction and development of a Speciality Retail Music Store (Treasure Valley Music), subject to the following conditions of use and development: 2.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 2.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 2.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 2.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT BY JOHN BEAGLEY (TREASURE VALLEY MUSIC) - 2 • 2.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 2.8 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.8. 2.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.10 Development shall be conducted under Planned Unit Development procedures and as conditional uses...(Meridian Comprehensive Plan Policy 5.10, page 28). 2.11 Applicant shall provide a revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer shall coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 2.12 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains shall be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 2.13 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains. Applicant may participate in the cost of the sewer trunk line extension at time of its construction. 2.14 Applicant shall provide a calculation of total asphalt area. 2.15 Trees in addition to the required three-inch caliper trees must be provided. Applicant shall provide a detailed landscape plan, including berming details, for review and approval. A minimum 35' landscape setback shall be maintained beyond the rights-of-way on I-84 and Overland Road. Spruces along Overland Road shall be changed to deciduous trees. 2.16 Lighting plans shall be reviewed by the City of Meridian to ensure adjacent residential properties and the traveling public is not impacted by glare. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT BY JOHN BEAGLEY (TREASURE VALLEY MUSIC) - 3 • 2.17 Detailed signage plans shall be submitted for review and approval. 2.18 Applicant shall coordinate location and construction requirements for trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 2.19 Handicapped accessible parking spaces shall be provided in accordance with the Americans with Disabilities Act. All building and parking lot construction shall meet the requirements of the Americans with Disabilities Act. 2.20 Drainage swales shall not be within the landscape setback along 1-84. 2.21 No City water shall be used for landscape irrigation. 2.22 No applications for building permits shall be accepted until such time as sewer, water and fire protection is available to the site. 2.23 A development agreement was required as a condition of the original annexation. The development agreement shall include landscape setback requirements, requirements for maintenance of areas shown as "to remain in natural state" on plans, any signage restrictions, visual appearance issues, construction of utilities, etc. 2.24 Applicants shall satisfy all fire code requirements. 2.25 The 12" water main must be extended to connect with City water. 2.26 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 2.27 Run-off is not to create a mosquito breeding problem. 2.28 stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 2.29 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT BY JOHN BEAGLEY (TREASURE VALLEY MUSIC) - 4 2.30 Requires all laterals and wasteways be protected. 2.31 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 2.32 The developer must comply with Idaho Code § 31-3805. 2.33 Trash cans must be set out at the edge of the parking lot by 5:00 a.m. on collection day. 2.34 That a container enclosure be located at either the east end of the parking lot or at the west end of the parking lot in the driveway area. Enclosures must be constructed such that manner that the door(s) of the enclosure swings open, locks in position, and afront-loading truck can access the dumpster, to allow for the greatest flexibility in container sizes and service choices. 3. The conditions shall be reviewable by the Council pursuant to Section 1-2-418(K) of the City of Meridian Planning and Zoning Ordinance. 4. 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. 5. This order shall be automatically amended for the description of said parcel at such time as the approval and recording of the final plat of Meridian Acres Subdivision. 6. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of § 11-2-418 J of the Municipal Code of the City of Meridian, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on ~~~ l ~ ~ , 1999. By: RT D. CORRIE ayor, City of Meridian ORDER OF CONDITIONAL APPROVAL 5 OF CONDITIONAL USE PERMIT BY JOHN BEAGLEY (TREASURE VALLEY MUSIC) - 5 • Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. By: ~~~Gz-~--,~ Dated: ity Clerk 6--~~ ~ 4~,~tiyt~ttt/lt?ll~ msg/Z:\Work\M\Meridian 15360M\Beagley CUP\CUPOrder.wpd`~++ ~~ ~.~~ Q1~ ~ T +~l~L1L s 7 ~ "' '` y0„~ T 1~ . ~~`~ i~~~'~ ~P~' 1~~ ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT BY JOHN BEAGLEY (TREASURE VALLEY MUSIC) - 6 • • MERIDIAN CITY COUNCIL MEETING: JUNE 15. 1999 APPLICANT: JOHN BEAGLEY AGENDA ITEM NUMBER: 12 REQUEST: CONDITIONAL USE PERMIT FOR A SPECIALTY MUSIC STORE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED FINDINGS #°~v flk -Bv~ ~ ~ ~~ BUREAU OF RECLAMATION: OTHER: Ali Materials presented at public meetings shall become property of the City of Meridian. DIR ~~ ~ ~~ • Meridian City Council Meeting June 1, 1999 Page 13 and their access to the property would be quite a bit south of that proposed line. We've asked that that 20 foot strip in between Meridian Road and where the driveway would be that they landscape that now. Corrie: And they agreed? Stiles: I don't know that they agreed, no. Corrie: Does Council see any problem with that? Rountree: We'll problem hear if there is. Corrie: Okay, any further discussion on item 13? I'll entertain a motion on the request for a conditional use permit including the Findings of Fact and Conclusions of Law. Anderson: Mr. Mayor I make a motion that we approve the request for conditional use permit for the Home Federal at the corner of Franklin and Meridian Road and instruct the attorney.to draw up the Findings of Fact and Conclusions of Law. Bird: Second. Corrie: Motion is made and seconded that the request for conditional use permit be approved and the attorney draw up the Findings of Fact and Conclusions of Law with the stipulation of staff additions on item number 13. Any further discussion? Hearing none, roll call vote. ROLL CALL VOTE: ANDERSON, YEA. ROUNTREE, YEA. BENTLEY, YEA. BIRD, YEA. MOTION CARRIED: ALL YEAS. Rutherford: Mr. Mayor and members of the Council, point of information on the last motion, that included Shari's comment on page 4, 1.18 with the 17 foot long parking spaces. Anderson: Yes. Corrie: Yes. 14. REQUEST FOR A CONDITIONAL USE PERMIT FOR A SPECIALTY RETAIL MUSIC STORE BY JOHN BEAGLEY--NORTH OF OVERLAND RD BETWEEN S LOCUST GROVE RD & S EAGLE RD (2400 E. OVERLAND RD): • Meridian City Council Meeting June 1, 1999 Page 14 Corrie: Shari? Stiles: Mr. Mayor and Council, this is the property I know as the Peck property. It was annexed in conjunction with the St. Luke's annexation when all those properties were annexed at the same time. This is zoned C-G currently. They were required to go through a conditional use permit. process as part of that annexation. A development agreement is required so Findings of Fact and Conclusions of Law and a development agreement would be required. I didn't know if you had it in your boxes tonight. Sanitary Services Company has issued some comments on it that we believe can be worked out, but other than that, I guess just the Findings and development agreement need to be worked out. Corrie: Comments or discussion from Council? Rountree: Mr. Mayor just a question on the action here as far as the development agreement. That's part of the original approval process with an approved conditional use permit I'd assume that that would still be binding. Probably a question for Counsel or should we hold action on this until that development agreement is signed? Rutherford: Mayor, members of the City Council, in the interest of consistency with what we did back with number 3, 4 and 5, that would seem to be the order of things. Get the development agreement squared away, get a signature on that before you approve any Findings of Fact and Conclusions of Law. !don't think that impacts your action tonight on the recommendations to the City Council, but prior to approving the Findings of Fact and Conclusions of Law I think you'd have a signature on the development agreement. Rountree: Mr. Mayor I move that we have Findings of Fact and Conclusions of Law and Decision and Order prepared for the requested conditional use permit for a specialty retail music store. Bentley: Second. Corrie: Okay, motion is made and seconded that we approve the conditional use permit for a specialty music store and to direct the attorney to draw up the Findings of Fact and Conclusions of Law as such. Any further discussion? Rountree: One comment, Mr. Mayor. I did not move to approve the conditional use permit, just the preparation of Findings of Fact and Conclusions of Law. Corrie: Okay, you're right. Motion is made and seconded that we have the attorney draw up the Findings of Fact and Conclusions of Law for the specialty retail music store Meridian City Council Meeting June 1, 1999 Page 15 by John Beagley. Any further discussion? Hearing none, all those in favor of that motion say aye. MOTION CARRIED: ALL AYES. 15. FINAL PLAT FOR MIDVALLEY BUSINESS PARK BY NUBBLE ENGINEERING -NORTH OF I-84, WEST OF EAGLE ROAD ON THE SOUTHWEST CORNER OF E. MAGIC VIEW DRIVE AND S. ALLEN STREET: Corrie: Staff report, Shari. Stiles: Mr. Mayor and Council, this property is under the terms of a recorded development agreement, and we have no problems with approval of the final plat. Corrie: Is the developer here tonight or anybody representing them? Nickel: Mr. Mayor, members of the Council, Shawn Nickel Hubble Engineering 9550 Bethel Courtin Boise. Corrie: Do you have statement on the final plat? Nickel: No other than we are in agreement with all of the conditions of approval. Corrie: All right thank you. Council? Number 16 final plat for Midvalley Business Park by Hubble Engineering. Rountree: Mr. Mayor I move that we approve the final plat for Midvalley Business Park subject to the conditions of staff. Bentley: Second. Corrie: Motion made and second that we approve the final plat for Midvalley Business Park by Hubble Engineering with the conditions of the staff. Any further comments? Hearing none, all those in favor of .the motion say aye. MOTION CARRIED: ALL AYES. (End of Tape) 16. FINAL PLAT FOR THOUSAND SPRINGS NO. 5 BY FARWEST LLC (MARTY GOLDSMITH) -NORTH OF VICTORY AND WEST OF EAGLE ROAD: Corrie: Staff comments? r WHITE, PETERSON, PRUSS, MORROW &. GIGRAY, P.A. ATTORNEYS AT LAW ]USTIN P. AYLSWOATH ]UUE KLEIN FISCHER WM. F. GIGRAY, III D. SAMUEC ]OHNSON WILLIAM A. MORROW CHRISTOPHER $. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN Tooo A. ROSSMAN R. SrePHEN RUTHEAPO1tD TERRENCE R. WHITE a.,~ c~~ 200 EAST CARLTON AVENUE, SU[TE 31 NAMPA OFFICE POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH MERIDIAN, IDAHO 83680-1150 POST OFFICE SOX 247 TEL (208) 288.2499 NAMPA, IDAHO 83653.0247 TEL (208) 466.9272 FAX (208) 288-2501 FAX (208) 466.4405 Email via Internet @ wfg@wppmg.com ~ PLEASE REPLY TO MERIDIAN OFFICE June 10, 1999 William G. Berg, Jr., City Clerlc MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: JOHN BEAGLEY /TREASURE VALLEY MUSIC / CONDITIONAL USE PERMIT FINDINGS, ORDER, DEVELOPMENT AGREEMENT, RESOLUTION & CERTIFICATE Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING APPLICATION FOR ANNEXATION AND ZONING prepared as per instructions from the Council meeting of June 1 S` ,and which are on the agenda for June 15t1i. Also enclosed is the ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT. I have also attached hereto the Development Agreement, Resolution and the Certificate of Clerlc for the above matter. After the Council meeting of June 15, 1999, if Council approves the Findings of Fact and Conclusions of Law for the above matter, then the Findings will need to be attached to the Development Agreement as Exhibit "B". After the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning have been adopted, please submit the Development Agreement to the owners for signatures. If you have any questions please advise. Very truly yours, ~' R. Step Rut rford cc: Angel ~'i~s vt~`ot~igrrial` do~lir>rt+ents msg\Z:\Work\M\Meridian 15360M\Beagley CUP\FFCL and DevAgtClk.ltr • MERIDIAN CITY COUNCIL MEETING: JUNE 1 1999 APPLICANT: JOHN BEAGLEY AGENDA ITEM NUMBER: 14 REQUEST: CONDITIONAL USE PERMIT FOR A SPECIALTY RETAIL MUSIC STORE AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED RECOMMENDATION FROM P 8~ Z COMMISSION REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS i~ ~~ kl ~qc c~~~ ` ~'` BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • Meridian Planning and Zoning Commission May 11, 1999 Page 118 Borup: Which they would need some type of agreement with the present property owner. Stiles: I'm not sure the lot has even been split yet, it's not a-like I say, it's just section land. It's never been part of a plat. Even if it were just grass, it would be better than dirt. MacCoy: Somebody has to mow the grass then. Borup: I would think that Home Federal would be concerned about their image, someone driving through an area like that. MacCoy: I agree. Borup: Did we have a second? Did we get a full motion? MacCoy: Yes, she gave you a full motion. De Weerd: I just struck that last sentence about.... Borup: I second. MacCoy: Second, okay. Anymore discussion? If not, all in favor? MOTION CARRIED: All ayes. ITEM NO. 14: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR SPECIALTY RETAIL MUSIC STORE BY JOHN BEAGLEY-NORTH OF OVERLAND ROAD, BETWEEN S. LOCUST GROVE ROAD & S. EAGLE ROAD (2400 E. OVERLAND RD): MacCoy: Staff? Stiles: Mr. Chairman, commissioners, our staff report dated May 6, 1999 we ask that you incorporate those comments. Probably could look at something more than a 64 foot monument sign on the freeway there. We would like to see some details of the signage here. This property was originally annexed when St. Luke's was annexed. It was all part of the same process. There is a development agreement required as a condition of the annexation and I'm sure there is some future use of this property because there is a whole lot that is still open there but they have come back with their revision to show a 35 foot landscape strip on the freeway and on Overland Road. I believe they realize that all the parking and driveway areas will need to be paved. I would like them to maybe think a little bit more about the design of their southern exterior elevation there. It makes it look a little difficult to know where you are going, but Meridian Planning and Zoning Commission May 11, 1999 Page 119 maybe so the appeal from Overland Road is as much as it is from the freeway side. Other than that, I had no particular concerns with this project. There are no utilities to the site at this time and I believe that the applicant realizes that they would not be able to get building permits until those utilities were brought to the site. MacCoy: Is that it? Okay, is the applicant here? JOHN BEAGLEY, 667 W. CONVULT, EAGLE, ID. Beagley: We are looking to just apply for the-what's the word, for a conditional use permit to put a retail music store on that location. We think-we've read the report of the staff and concur with all the changes that are necessary on the preliminary plans. I think it would be a very big asset to the City of Meridian and we'd like to go ahead and move on from here. MacCoy: What made you pick a site like that? Beagley: It was the smallest of all the freeway. Well, we have several relatives and close associates in the music business as well who have done very well placing their retail locations very visible from-on a freeway location like that. We're currently in the Town Square Mall in Boise and we would like to relocate and have a freestanding location outside of that area. MacCoy: I was just curious. Okay, when you get around to deciding on a sign, wish you would put it into our staff so we could take a look at it. Anything else you want to say about your business? Beagley: No. MacCoy: Okay, commissioners any questions? De Weerd: I just wanted to know what the natural state is. It says to remain a natural state. What does that mean? Is it in weeds or... Beagley: The remaining property? De Weerd: Yeah, the property that you don't have detailed. It just says to remain in natural state and I was just asking what that meant. Beagley: Yes, there is an existing home and a shop on that property right now that we will more than likely be moved and we haven't made any plans for the additional property at this time. Meridian Planning and Zoning Commission May 11, 1999 Page 120 De Weerd: But is it in grass or weeds or bark or, what is the natural state? Beagley: Dirt. De Weerd: So how will you maintain that area in the natural state? Beagley: Dirt. De Weerd: You will keep weeds down and you know, it's not going to be unsightly. Beagley: Yes. De Weerd: It's not going to be unsightly. You know, I did have a suggestion. I couldn't figure out where your entrance was. So you know, you can always come up with some ideas, but you could landscape a little bit more over in that direction so it leads people over there. Beagley: We will take that into consideration. MacCoy: Using the general or the existing site driveway. (Inaudible) MacCoy: The house... Borup: The other side isn't it? De Weerd: Yeah, it's over here. Beagley: At the moment yes. MacCoy: The original existing house still sitting there. So they do have the driveway off of Overland. De Weerd: I did notice the guy waiving, but you know, he's not going to be out there all the time is he? Beagley: Holding the sign up, 50% off of furniture. MacCoy: Boy it's getting late, we are in bad shape. Okay, do you have anymore questions of the applicant? If not, you can sit down and we'll ask the other questions since we are all in the hilarity here. Any applicant here wish to stand up and (Inaudible) • Meridian Planning and Zoning Commission May 11, 1999 Page 121 onto his job? You have no help here do you? Wait till I ask the other half of the question. Anybody here who is against this? Watch everybody stand up. De Weerd: You are all here for moral support at 2:00 in the morning? You are true friends. MacCoy: Either that or they are all family. ,I don't know which. Okay, it's a public hearing, if nobody else wants to talk, what is the motion? Barbeiro: Mr. Chairman, I move that we close the public hearing. De Weerd: Well no, I think we should discuss this building. Barbeiro: You are serious? De Weerd: Yeah, if Byron was here I would be letting him down... Borup: Someone's got to take over Byron's job. (Inaudible) Borup: Are you talking about the south elevation Tammy? De Weerd: Yeah. Well, and not knowing where exactly the entrance is once you get in the parking lot. (Inaudible) Borup: I would agree, but the building is not close to the highway, not close to Overland Road, there is landscaping between Overland and here. MacCoy: Would the applicant... Borup: I think if the applicant-I mean if his customers have trouble that's kind of their problem. MacCoy: Would the applicant come forward please. You've been sitting too long anyway. I'm curious as to what you are going to make the building out of? Beagley: Split block. MacCoy: That's what I thought from looking at it. Roof, what kind of roof? Slope, flat? Meridian Planning and Zoning Commission May 11, 1999 Page 122 Beagley: Flat roof. Yes. MacCoy: What do you mean yes, what? Beagley: Water resistant. Piano's don't take too kindly to water dripping on them. We will have proper signage addressing where people need to go as they come up to the building. MacCoy: Are you looking at a split block of a color? Are you going to have a gray or what? Beagley: Kind of a gray, not really, I think we were going to do a two tone. We really haven't choose the color yet, but it will. MacCoy: Someone's definition to conform. De Weerd: Green is nice. Beagley: Green with pink insulation. MacCoy: You've been here too long, I can see that. Anything else that you want to say about the building? It's just a building as far as you are concerned. De Weerd: You will have landscaping to break that up, I assume. Beagley: Yes. -Yes. It will be clearly defined how to get into the building, once they get there. (Inaudible) MacCoy: Any other questions for the applicant? De Weerd: No. MacCoy: I guess-you can sit down now. De Weerd: Just the comment that it would nice with some landscaping or something. MacCoy: Well, he's going to have to show it. De Weerd: Okay, 1 move we close this public hearing. MacCoy: Do I hear a second? Meridian Planning and Zoning Commission May 11, 1999 Page 123 Barbeiro: I second the motion. MacCoy: Okay, public hearing is closed. Okay, what do you want to do? Barbeiro: MR. Chairman, I move that we approve the, excuse me, recommend approval of the conditional use permit for a specialty retail music store with staff comments. Borup: Second. MacCoy: Any discussion? Okay, all in favor? MOTION CARRIED: All ayes. MacCoy: All right sir, you are free to go. What other thing can we do now? Borup: Let's do No. 15 again. Rossman: Mr. Chairman, somebody very unwisely did pull one of these consent agenda items that... Borup: Yes, it's right here on the desk. De Weerd: Not unwisely. Rossman: Must be addressed before we close this public hearing. MacCoy: No. C is that it? De Weerd: I asked to pull B3, because our ordinance does not allow two dwellings on one lot. Borup: That's within our city limits. De Weerd: Yes, but we have also recommended against other proposed issues like this. (Inaudible) De Weerd: We've turned them down before, we've recommended against them before because it doesn't conform with our ordinance, so are we going to change it now? HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live ~ CITY OF MERIDIAN Coun ic 1 Members CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD MEMORANDUM: To: Planning & Zoning Commission, Mayor and City Council From: Bruce Freckleton, Assistant to City Engineeri!~~ Shari Stiles, P&Z Administrator LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (ZOS> say-22 u PLANNING AND ZONING DEPARTMENT (208)884-5533 May 6, 1999 Re: Request for Conditional Use Permit for a Specialty Retail Music Store (Treasure Valley Music) by John Beagley We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: 1. The property included in this application is located in an area designated asMixed/Planned Use Development in the Meridian Comprehensive Plan. Located on Overland Road south of I-84, the property's westerly boundary adjoins the property proposed by Transport Truck & Trailer for a Freightliner facility. To the north, across I-84, is primarily vacant ground zoned RT in Ada County (Magic View Subdivision). 2. This property was annexed under Ordinance No. 662 in 1994 as part of the St. Luke's annexation application. 3. No sewer or water service is available to the site at this time. A sewer trunk line and water line will run along the easterly boundary of the property in the future and are proposed to be constructed under I-84. Plans are currently being developed for these infrastructure improvements. The sewer line is being extended by a private party, and the timing for such an extension is not under the City's control. 4. Water service is currently in Overland Road as far east as the CESCO (John Deere) dealership. 5. No utilities are shown on the site plan with details to indicate how the building will be served. 6. Assessment fees for water and sewer service are determined during the building plan review process. 7. No signage details were submitted. cuP-99-o I 1 TreasureValleyMusiaCUP • • P&Z Commission/Mayor & Council May 6, 1999 Page 2 8. No drainage areas are shown within the development. State agencies recommend that drainage swales be used far pretreatment of stormwater. 9. No variance has been requested for tiling of any ditches crossing this project. 10. Meridian Comprehensive Plan Policy 5.14U (page 28) calls for high-quality visual appearance in these areas. 11. Entrance from parking lot is not well defined. GENERAL REQUIREMENTS: Any existing irrigation/drainage ditches adjacent to or crossing the property included in this project shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project wdl have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 4. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ord~naxxe and in accordance with Americans with Disabilities Act (ADA) requirements. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas• All site drainage shall be contained and disposed of on-site. fi. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas or the traveling public and in accordance with City Ordinance Section 11-2- 414.D.3. 7. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. TreasureValkyMusic.CUP • • P&Z Cornmission/Mayor & Council May 6, 1999 Page 3 8. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. SITE SPECIFIC REQUIRE_ MENTS: 1. As this property is designated in the Meridian Comprehensive Plan as a mixed planned use development azea, development should be conducted under Planned Unit Development procedures and as conditional uses...(Meridian Comprehensive Plan Policy 5.10, page 28). 2. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 3. I-84 and Overland Road are designated as entryway corridors in the Meridian Comprehensive Plan (page 72). 4. Provide revised site plan detailing all existing and Proposed utilities for review by the Meridian Public Works Department. Designer is to coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 5. Provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 6. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against ~ P~'~1 to help reimburse the parties responsible for installing mains. Applicant may participate m the cost of the sewer trunk line extension at time of its construction. 7. Provide a calculation of total asphalt area. 8. Due to the issues of entryway corridors and buffering of adajacent properties, trees in addition to the required three-inch caliper trees should be provided. Provide detailed landscape Plan, including terming details, for review and approval. Maintain minimum 35' landscape setback beyond rights-of--way on I-84 and Overland Road. Spruces along Overland Road should be changed to deciduous trees. 9. Particular attention will need to be paid io lighting P ~ t as determined by the C'ty of properties and the traveling public is not impacted by g Meridian. CUP-94-011 TreasureValleyMusic.CUP P&Z Commission/Mayor & Council May 6, 1999 Page 4 10. Detailed signage plans need to be submitted for review and approval as part of this application. 11. Coordinate location and construction requirements for trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 12. Provide handicapped accessible pazking spaces in accordance with the Americans with Disabilities Act. AU building and parking lot construction needs to meet the requirements of the Americans with Disabilities Act. 13. Drainage swales should not be within the landscape setback along I-84. 14. No City water will be allowed for landscape irrigation. 15. Applications for building permits will not be accepted until such time as sewer, water and fire protection is available to the site. 16. A development agreement was required as a condition of annexation. The development agreement should 'include landscape setback requirements, requirements for maintenance of areas shown as "to remain in natural state" on plans, any signage restrictions, visual appearance issues, construction of utilities, etc. CUP-99-01 i TtrasureValleyMusic.CUP • BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) REQUEST FOR CONDITIONAL ) USE PERMIT FOR SPECIALTY ) RETAIL MUSIC STORE ) JOHN BEAGLEY, ) Applicant ) Case No. CUP-99-O11 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is located at 2400 E. Overland Road, Meridian, Idaho. 2. The owner of record of the subject property is Curtis D. and Kim Peck of 2400 E. Overland Road, Meridian. 3. Applicant is John and Joe Beagley of 350 N. Milwaukee No.1026, Boise Idaho. 4. The subject property is currently zoned General Retail and Service Commercial (C-G). The zoning district of General Retail and Service Commercial (C-G) is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(11). 5. The proposed application requests a conditional use permit for construction and development of a Specialty Retail Music Store (Treasure Valley Music). The General Retail and Service Commercial (C-G) zoning designation within the City of Meridian Zoning and Development Ordinance ordinarily does not RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT -SPECIALTY RETAIL MUSIC STORE - JOHN BEAGLEY require a conditional use permit be obtained for the proposed use. This property is designated in the Meridian Comprehensive Plan as Mixed/Planned Unit Developments ~-~s such, a Conditional Use Permit is required for the proposed use. (Meridian City Zoning and Development Ordinance, Section 11-2-409B).) 6. As this property is designated Mixed Use/Planned Unit Development, the use proposed within the subject application will in fact, constitute a conditional use as determined by City policy. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit as requested by the applicant, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9- 605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 1.3 Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT -SPECIALTY RETAIL MUSIC STORE - JOHN BEAGLEY M Ordinance and/or as detailed in site-specific requirements. 1.4 Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 1.6 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-14.D.3. 1.7 All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 1.8 Applicants shall provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.10 Development shall be conducted under Planned Unit Development procedures and as conditional uses...(Meridian Comprehensive Plan Policy 5.10, page 28). 1.11 Applicant shall provide a revised site plan detailing all existing and proposed utilities for review by the Meridian Public Works Department. Designer shall coordinate sizing and routing of sanitary sewer and water within the development with the Public Works Department. 1.12 Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. Flow and pressure from the RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT -SPECIALTY RETAIL MUSIC STORE - JOHN BEAGLEY existing mains shall be monitored with the Meridian Water Department to determine whether adequate fire protection exists. 1.13 Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, "Late Comers" fees may also be charged against this parcel to help reimburse the parties responsible for installing mains. Applicant may participate in the cost of the sewer trunk line extension at time of its construction. 1.14 Applicant shall provide a calculation of total asphalt area. 1.15 Trees in addition to the required three-inch caliper trees must be provided. Applicant shall provide a detailed landscape plan, including berming details, for review and approval. A minimum 35' landscape setback shall be maintained beyond the rights-of- way on I-84 and Overland Road. Spruces along Overland Road shall be changed to deciduous trees. 1.16 Lighting plans shall be reviewed by the City of Meridian to ensure adjacent residential properties and the traveling public is not impacted by glare. 1.17 Detailed signage plans shall be submitted for review and approval. 1.18 Applicant shall coordinate location and construction requirements for trash enclosure with Sanitary Services, Inc., and provide a letter of approval from their office prior to applying for building permits. 1.19 Handicapped accessible parking spaces shall be provided in accordance with the Americans with Disabilities Act. All building and parking lot construction shall meet the requirements of the Americans with Disabilities Act. 1.20 Drainage swales shall not be within the landscape setback along 1-84. 1.21 No City water shall be used for landscape irrigation. RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT -SPECIALTY RETAIL MUSIC STORE - JOHN BEAGLEY 1.22 No applications for building permits shall be accepted until such time as sewer, water and fire protection is available to the site. 1.23 A development agreement was required as a condition of the original annexation. The development agreement shall include landscape setback requirements, requirements for maintenance of areas shown as "to remain in natural state" on plans, any signage restrictions, visual appearance issues, construction of utilities, etc. Adopt the Meridian Fire Department's Recommendations as follows: 1.24 Applicants shall satisfy all fire code requirements. Adopt the City of Meridian Water Dept. recommendations as follows: 1.25 The 12" water main must be extended to connect with City water. Adopt the Central District Health Department's Recommendations as follows: 1.26 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 1.27 Run-off is not to create a mosquito breeding problem. 1.28 stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 1.29 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Nampa ~ Meridian Irrigation District Recommendations as follows: 1.30 Requires all laterals and wasteways be protected. RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT -SPECIALTY RETAIL MUSIC STORE - JOHN BEAGLEY s 1..31 All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 1.33 The developer must comply with Idaho Code § 31-3805. ey/Z:\Work\M\Meridian 15360M\Beagley CUP\PZ.Rec RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT -SPECIALTY RETAIL MUSIC STORE - JOHN BEAGLEY HUB OF TREASURE VALLEY Mayor A Good Place to Live LEGAL DEPARTMENT ROBERT D. CORRIE (_08) 884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (~08) 887 ~~ 1 ~ RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4 ANN[NG AND ZONING DEPARTMENT KEITH BIRD APR 1 Z 1999 (208) 884-5533 ~it~ of ~'~~ri°~i~r~ 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 and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4. 1999 TRANSMITTAL DATE: April 8, 1999 HEARING DATE: MAY 11, 1999 FILE NUMBER: CUP-99-011 REQUEST: CONDITIONAL USE PERMIT FOR A SPECIALTY RETAIL MUSIC STORE BY: JOHN BEAGLEY LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD BETWEEN S LOCUST GROVE RD & S EAGLE RD (2400 E OVERLAND RD) TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT ~' POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) HUB OF TREASURE VALLEY • Mayor ROBERT D. CORR[E Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211. PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4, 1999 _ TRANSMITTAL DATE: April 8, 1999 HEARING DATE: MAY 11, 1999 FILE NUMBER: CUP-99-011 REQUEST: CONDITIONAL USE PERMIT FOR A SPECIALTY RETAIL MUSIC STORE BY: JOHN BEAGLEY LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD BETWEEN S LOCUST GROVE RD & S EAGLE RD (2400 E OVERLAND RD) TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT ~: FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY CITY ENGINEER 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATIOrN) ~J YOUR CONCISE REMARKS: ~ / ~ ~ / oG ads /yi.r~~ ~ G s , CITY PLANNER APR 1 4 1999 CITY (~F' ~~g~~r5~~~ Mayor ROBERT D. CORRIE Council Members CHARLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208) 88-i--t"'6d PUBLIC WORKS BUILDING DEPARTMENT (208) 837-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: MAY 4, 1999 TRANSMITTAL DATE: April 8 1999 HEARING DATE: MAY 11, 1999 FILE NUMBER: CUP-99-011 REQUEST: CONDITIONAL USE PERMIT FOR A SPECIALTY RETAIL MUSIC STORE BY: JOHN BEAGLEY LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD BETWEEN S LOCUST GROVE RD & S EAGLE RD (2400 E OVERLAND RD) _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C XWATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER 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) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) 1 / YOUR CgNCISE REMARKS:~,~,~,.,(.~i~'T~ /n~~ ~. ~~-~s~ 1 3 1~~~ 7,~ a JL 3 k., 3._..,.. , . . _ ..i - Ada - Count Hi hwa Y g Y District Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6280 Dave Bivens, Commissioner Fax (208) 387-6289 Susan S. Eastlake, Commissioner a-mail: tellus@achd.ada.id.us ~ ~ TG~ F+,C`iEl ~ L~ John Beagley 350 N. Milwaukee #1026 Boise, ID May 5, 1999 Re: Staff Level Approval MCUP99-0011 2400 Overland Road Facts and Findings: MpY 1 0 1999 per- t~G & ZO ~N Retail music store A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting conditional use approval to construct a 9,000-square foot retail music store. The 6-acre site is located on the north side of Overland Road, approximately one half-mile east of Meridian Road. This development is estimated to generate less than 100 additional 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 April 8, 1999, and submitted to the District on April 13, 1999, have been reviewed by the ACRD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This is a staff level approval and will not be heard by the ACRD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning and Development staff decision is submitted as described within the Standard Requirements outlined below. The following requirements are provided as conditions for approval: Site Specific Requirements: Dedicate 48-feet ofright-of--way from the centerline of Overland Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for all right-of--way dedicated as an addition to existing right-of--way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. Utility street cuts in the new pavement are not allowed unless approved in writing by the District. MCUP9911.SLA Page 1 • • Contact Construction Services at 387-6280 (with file number) for details. Comply with requirements of ITD for Interstate-84 frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Walter Burnside at 334-8340. 4. Provide a recorded cross access easement for the parcel to the east to use this parcel for access to the public streets prior to issuance of a building permit (or other required permits). Provide a $2,000.00 deposit to the Public Rights-of--Way Trust Fund at the District for the required street improvements of approximately 100-feet of 5-foot wide concrete sidewalk abutting the parcel, prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 6. Construct a 24 to 30-foot wide driveway on Overland Road, located as proposed, approximately 50- feet west of the east property line. Pave the driveway its full required width and at least 30-feet beyond the edge of pavement of Overland Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. 7. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. 8. Other than the access point specifically approved with this application, direct lot or parcel access to Overland Road is prohibited. 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 15 calendar days from the date of this report. The re4uest shall specifically id n i y each requirement to be reconsidered and i~.quity. 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 $110.00. The re4uest for reconsideration shall specifically identify each re4uirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 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 1AAALTR.LE Page 2 Manual, ISPWC Standard. d approved supplements, Constructioervices procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 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: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Planning and Development staff at 387-6170. Sincerely, Sa Planni and Development Supervisor cc: Project file Lead agency 1 AAALTR. LE Page 3 1' • J Gf _; ~;I ~ ~• ~E Meadow ry ; t'~ Hss $t ( ~--1 ~~ ~ 3! (r ` ~est~e r ;I t gi ~ 'C'hat ~~ ~ a'u-~~ ~ ~ ~~i . ~ ~ : ~ \ I ~ e ~, ~~ l'.,~ j i ~ = s ~ c J k' m el w ~ I ~ ;~ (\ o, ~ ~ ~ a~ ~'I I ~ r tN• rr n E Fairvi' ~ v _~ ~ ~ j E Fa;rvi rdv sw e '~` irvi w v y~ I i I ~ ~ ~ j y i ' y `i N al ^~ ' ~~ r r ~ ~ I ~-~ ~ 0 U ~ U a Oi 3 N ~' I ~ ~~ ~ I Z E' h i v' w! h Al v' i i C P v~ ( President Dr 6X I ~riY9 pr rif ~ ~ Meridian .Beatty Kin W Fran r E Fra ktin Fr n tin ~ ~• r ~ _ ` .. ~ ~ ~ ~~ ~ ~ ~ C / 0 ~/1 j ~i p~ ~ . ~l ~ r ~ ~ n ~ ~ ~ I7 ~ C ~ m a O O ~ m ~ 'Z" i ~ ~ I f ..r.i, '' L.~ r P.,otos~ s~t~ tl •~.,, a E Over n y r d o: y r ti \ m ~I ~ V~ D ~~ ~,~ m ~ m ~m m,C ~ 'iirdnerLa:/ ~ ~ ~I ~ w yI E Vf ~ y i h r , r ictor C, ~ ' <~ ~ '~ \ ~.-~, ~ ` ~ m. u~ ~i l ~' ~ ~ Rum t I. n -~ T t ~~ I r am. os ~ ~s ~~~.o.o. Streets Plus TREASURE VALLEY MUSIC N V!ClNITY MAP Capynght m 198& 1998, MiuosoR Corporatbn andlar its supplier. Ap right reserved. ~ N ~ ~~- Page t e ~ - y. CENTRAL CE •• DISTRICT ~RHEALTH DEPARTMENT Rezone # DISTRICT HEALTH DEPARTPIENT Environmental Health Division Conditional Use # C..c,~p Lf ~ -d f ~. Preliminary /Final /Short Plat ~k ~ ~-,o.~l fM.c.,~,5f c S 6 D2 l~ o ~w r3c~~~ y ^ I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. Return to: ^ Boise ^ Eagle ^ Garden City ,~ Meridian ^ Kuna ^ Acz APR 1 5 1999 CITY OF iVl~~~i~i~~i ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and ,~/ water availability. J~('I 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water well ^ interim sewage central water ^ individual sewage individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ^ community sewage system ^ community water sewage dry lines central water 10. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ,.~( ^ beverage establishment ^ grocery store }X I 14. Ss~ ~f7`.9C'sS~~y aTo~^ircw.~i~•12- iJ2.r1w/.sL~m~srT- Date: ~l~.T l~ P~ ~o c a ,,,, ,,,,. ~ .+., c~k,/~~,.f Reviewed By: ~~ Review Sheet (DND 10/91 r~. rev. 1/91 CE~rTR~I ~ • OI~TRICT 'HEALTH OEPART~~tENT ~I,IAINOf~KE i0i N..~f<<^.I$i~iCMG01. °C!Sc.IO33+-C~:.a:5 •(:C9)~~SS:Ii =;~ ~:?.r?~~p Tu prr~'rrr! acrd trraf disease aril disability; to pnurriate /rrait/ry (i~esryies: acrd to protect arrd prornute the /reult/r and gaaiiN uJ'urrr• urvirrnurrerrt. STOR1tiIWATER ivi.~V.~GEiviENT RECOti~I1~IENDATIONS tiVe recommend that stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) State Of Idaho Catalog Of stormwater Best tilanagement Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Envirorunental Quality, July 1997. 2) Stormtivater Best Managerrient Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. Scocmwacer ;r9s:c~y Servirt; varcey, Elmore, Boise, arid.-1da CouRdes nmors County Office Vdlay Caunh/ Ef3ce ACC /Boise County Office ACa•WIC Sctellite Office + ~ ` ,rn SPr~si ~`I 7CJ N. I sr 57esr IC7 PL Arn;rcng ?I. tcC6 RCCera Mcunrcin rcrs. 10 BJEai ?.O. dex t e.:e ?CK2. tO ~7..r.a Gorse. IO eJ7C5 ,r HgCtr~: 587•??:~ Ertvir0 4tCC~1; 10. 9J6J8 Gnv,l~. H?Gin: J~7.7eC0 32i • 7:iCQ n ? ' Ph. JJ1•].....: ~A:(. J3~t•J:~~:? . r Fartuh/ `+?Ctir::a7•.t:.t7i Fh. eJa.i 19d e•Z t Ta + FA:C: e ~,: : .Cnr F ~ir:dy WIC: ~d 7•~GC9 , , trnr-uroLCi~ars: J27•T~ r ~ ¢q;(; ~r71•JS?1 J ~?r:rr,`IUrnnCn: J?7.7ar l~I,r1 'rnC 1?7.7.x? F.s,C ;Z1.9~C^. ~ ~ R,EGE~D APR 2 3 1999 CITY OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RE: CUP 99-011 re Valley Music Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District requires that a Land Use ChangeJSite Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, ~~ Bill Henson, Asst. Water Superintendent NAI1~fPA Si it~iERIDIAN IRRIGATION DISTRICT BH:dln cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 April 19, 1999 72adx~i~a & 7?~e~ciduus ~I~vugat~ac ?>~a~ctct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 ,~ ~„ : ~ , 21"LLApr11;1999 Phones: Area Code 208 ,;;: OFFICE: Nampa 466-7861 Jo' fin Beagley C~ SHOP: Nampa 466-0663 350 N. Milwaukee #1026 Boise, ID 87788 RE: Land. Use. Change Application -Treasure Valley Music Dear Mr:" Beagley:: Enclosed::- please find a Land. Use Change Application for your use to file with the Irrigation- District. for, its review on the above-referenced development. If this development is under"a "rushA`towbe finalized, I would recommend that you submit a cashier's- check, money order or cash as payment of the fees in order to speed the pcocessFup~ If~you"submit: a-company~or personal check, it must clear the bank before processing the. application. If you have any questions concerning this ,,matter, please feel free to call on me at the District's office telephone> number or. John P:' Anderson, Water Superintendent for the District;. at.the-shopaelephone number: Sincerely;. ~~ %~ . D ~~ Donna N. Moore, Assistant Secretary/Ti-easurer cc: File Water Superintendent Asst. Water Superintendent Secretary/Treasurer - Curtis & Kim Peck, Owners --- --- -- - City of Meridian " - - enc. __ - - _ .~_ . - -. . _, ~. __ ,~ -- - -- - -- -- APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 4Q000