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HomeMy WebLinkAboutWalker, Robin CUP 99-001HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (_08)884-4264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO C�'e jZ DING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 FXCP J�J� (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813�� O 7 LANNING AND ZONING DEPARTMENT KEITH BIRD(208) 884-5533 CITY ()y ��� PiANN,It;G,& ZONW6 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: February 2, 1999 TRANSMITTAL DATE: January 6, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: CUP -99-001 REQUEST: CONDITIONAL USE PERMIT FOR STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS IN BACKYARD BY: ROBIN WALKER LOCATION OF PROPERTY OR PROJECT: 821 EAST WILLOWBROOK TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: �_D `A CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT JAN 4 4 1999 CI`T'Y OF NMRIDIAN pLA.N,N1 NG & ZONING C= is ri A. �' G. x �fico ` LE (—UP - 99 —C*I NAME: o��h �a rr PHONE: &S) Mr -we ADDRESS: 92/ E' DAIZ2 GENERAL LOCATION: DESCRIPTION OF PROPOSED CONDITIONAL USE: 50"lef r 'c TT— i i W _-"/ _� {ST YA "V a �/i'"YH /JGy t 2 / f/'b / S L QIO!/h d O•t r ZONING CLASSIFICATION: TR- S I certify that the information contained herein is true and correct. Signature of Applicant Social Security Number S'/f •2a} 32a 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 the property generally described as located at SUBDIVISION, BLOCK , LOT TO for 1. name, address, phone number of applicant. Robin Walker (208)888-4409 821 E. Willowbrook Meridian, Idaho 83642 2. Same 3. Legal description. Re: conditional use permit at Lot 11 blk 2 Meridian Place no lsub 4. Proof of ownership. See attached. 5. & 6. Present use of property. Existing use of this property is as a personal residence, as well as an office for a mobile entertainment business. We also store our equipment at this location. 7. Proposed use ofproperty. We propose to continue this same use. We store 2 business trailers, one 1 ton truck, and a small van for business use. These remain in a fenced back yard when not in use (see attached map). We also have 2 pickups we use in the business on occasion. We use half the garage for business storage. We have a small, one -room office in our home that I work out of. Because this is a mobile business, we seldom have customers visit us at this location. We may have a customer every 2 weeks or so drop by for some reason. We never entertain at this location either. We load our equipment and leave to entertain at their location. Our patties are mostly on Saturdays, but we also have parties at other times. We usually load in the morning and unload in the evening. We almost never load or unload between l Opm and 8am. We have several neighbors in our neighborhood that already run businesses out ofthetr home. OU next door neighbor has a business selling portable pumps etc. and occasionally parks his equipment in front of his house. We had a building contractor two doors down and a concrete contractor across the street from him. There is even a trucker that parks his 18 -wheeler on the street occasionally. 8. Present zoning. R-8 9. 30 copies vicinity map. See attached. 10.a plan site. See attached. I l .mailing addresses. See attached. 12. Characteristics of subject that make a conditional use desirable. We own a small family business where my children work with me. It is a business that generates a modest income, but certainly not enough to support my family and rent a commercial location. The property is a double lot, so there is still plenty of room for a lawn and family activities. The commercial part only takes up less than 10% of the lot. We have also installed a 6 ft. fence that we park the equipment behind so as to not be visible from the street. 13. Fee see attached 14. Statement of applicant. I own this property and agree to pay any additional sewer, water, or trash fees that may be charged. 15.verifcation of applicant. I have not only read this application but have typed it as well. 16. The property will be posted 1 week before the hearing that we have applied for a conditional use permit. THIS FORM FURNISHED COURTESY OF: ALLIANCE TITLE & ESCROW CORP. - ADA coma Y RECORDER 2� J. Bois NDAHOFIO FEEL—DEPUTYL� 1998 AU I PM 4:25 98083552 ALLIANCE TITLE READ &APPROVED BY ORANTEE(S):4T'V_ ABOVE THIS LINE FOR RECORDING DATA WARRANTY DEED FOR VALUE RECEIVED CORTLAND WALKER, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto ROBIN T. WALKER, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY GRANTEE(S), whose current address is: 821 EAST WILLOWBROOK DRIVE, MERIDIAN, IDAHO the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: LOT 11 IN BLOCK 2 OF MERIDIAN PLACE SUBDIVISION NO. 1, ACCORDING TO THE OFFICIAL PLAT THEREOF, FILED IN BOOK 47 OF PLATS AT PAGES 3837-3838, RECORDS OF ADA COUNTY, IDAHO TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: August 31, 1998 CORTLAND WALKER STATE OF IDAHO ) COUNTY OF CANYON ) ••'puuu On this 31st day of August , in the year of 1998 ,before me, the �ic4�,R,,, 94) Offaly Public in and for said State, personally appeared CORTLAND WALKER c' 4�.•""��''•• ; pTA.R Z known or identified to me to be the person(s) whose name(s) is/are subscribed to the 7UL{hin insirurrlgntl an4 acknowledged to me that he/she/they executed the same. _ p U B Ll • Signature ' �'•� .•9��.`'•` '• •n.una`s• Name: ROBIN R. COX R,,Wng at Nampa, Idaho 5 a6 (lyp,.q,,,mgnissioa x 4 Residing at: NAMPA, IDAHO My Commission Expires: 03/26/04 'J A N�i-, AH, , 3 M N v v � � v f ui NO -ld 381NddVC 'N N I\ J, I - u / N + Y � D7 , I N 7 _ N m I W I N I 1 N M I N i 1 -N N I r M M ,p,jSE G7. ILD r f Q to Q i'I Il I r CO O ,p,jSE G7. ILD r f Q to Q i'I Il I i r. ;r Q►� h'70M l_ O 7 1 <\ 0 3Y 7t ►j ry ' Vs Vs \ VN - P r a � K <\ 0 ►j <\ 0 MERIDIAN CITY COUNCIL MEETING: APRIL 6, 1999 S APPLICANT: ROBIN WALKER AGENDA ITEM NUMBER: (1 REQUEST: CONDITIONAL USE PERMIT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA -COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY COUNCIL CUP -99-001 IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT FOR ) FINDINGS OF FACT AND A STORAGE OF ENTERTAINMENT ) CONCLUSIONS OF LAW EQUIPMENT BY ROBIN WALI(ER dba ) AND ORDER OF DECISION JUKE BOX PARTY EXPRESS, ) OF DENIAL OF MERIDIAN, IDAHO ) CONDITIONAL USE PERMIT APPLICATION FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come before the City Council on the 16`h day of March, 1999, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council and Shari Stiles, the Planning and Zoning Administrator, having given a report, and Robin Walker, the applicant, having testified, and neighbors, Bill Campton and Steve Videen testified in favor of the application, and neighbors, Troy Brown, Sandra Sealey and Randall Sealey, testifying in opposition and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 1 FINDINGS OF FACT 1. The City Council talces judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994 and Maps. 2. Staff has complied with the requirements of I.C. § 67-6509 and 67- 6512 and § 11-2-416 E and 11-2-418 E. 3. The Applicant is Robin Walker whose address is 821 East Willowbrook, Meridian, Idaho, the location of the subject property. 4. The record owner of the subject property is Robin Walker. 5. The legal description of the property is as follows: Lot 11 in Block 2 of Meridian Place Subdivision No. 1, according to the official plat thereof, filed in Book 47 of Plats at pages 3837 - 3838, records of Ada County, Idaho. 6. The present land use of subject property is residential. 7. The proposed application requests a conditional use permit to maintain a one room office in the subject residence; utilize one-half of the residential garage for business storage; and store two (2) business apparatus trailers, specifically one (1) one -ton truck and one (1) small business van, to the rear of the subject residence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 2 The R-8 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-2-409). 8. The subject property is currently zoned Medium Density Residential (R-8). The zoning district of Medium Density Residential is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(4). 9. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 10. The Applicant has been occupying and using the premises for the storage of mobile entertainment type equipment and business, which has included and is proposed and anticipated to include two (2) business trailers, a one -ton truck, and a small van for business use that the equipment would remain in, in a fenced back yard when not in use, and the Applicant has two (2) pickups used in the business on occasion, and the Applicant has used, and is intending to continue to use, half the garage for business storage and a small one -room office in the residence. 11. There are customers of the business that from time to time come to the residence, and the Applicant does deliver and remove the entertainment equipment from the subject property with loading usually in the morning and loading in the evening, with Saturday being the busiest day and summer busier than winter. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 3 12. The subject property is Lot 11 of Block 2 of Meridian Place No. 1 Subdivision, which has standard residential lot sizes with single-family residences. 13. The neighbors, who are not opposed to the application, stated that the Applicant has continued to upgrade the subject property, and has demonstrated a desire to improve, and to be sensitive to neighbor's concerns, and there are other businesses run out of homes in the neighborhood. 14. The neighbors who testified in opposition wish to keep the use of the premises residential, and that carnival type equipment is not compatible to that type of use and they have been bothered by late night unloading of equipment, which equipment has been stored, in prior times, close to the garage and visible and looking very cluttered. These neighbors have observed increased traffic and, in their opinion, their own property values are less because of the proximity to their residence of the subject real property and its use with the proposed equipment storage. The equipment includes: rides, trailers and dunk tank. 15. Evaluation of the Planning and Zoning Assistant Planner and the City Enforcement Officer comments as follows: 1.1 The City of Meridian Zoning and Development Ordinance, Section 11-2-410 (2.c.), allows for Home Occupations to be operated in the R-8 District if they meet the following criterion: (a) No persons other than members of the family residing on the premises shall be engaged in such occupation; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 4 (b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation; (c) No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; (d) No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard; (e) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence; and (f) In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. However, after inspection of the subject residence by the City of Meridian's Code Enforcement Officer in June 1998, it was determined that the Applicant did not meet items # 1, 4, 5 or 6 [a,d,e and f] of the required conditions for an Accessory Use Permit as stated above. Therefore, an Accessory Use Permit application could not be submitted for this project. 1.2 The equipment, which is being stored and is proposed to be stored as a part of the entertainment business of the Applicant, is not of the type FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 5 associated with residential use and the equipment is large enough that parts of it can be seen even when parked behind a 6' fence. 1.3 The proposed use will not be harmonious with and in accordance with the Comprehensive Plan. The subject application for conditional use is in conflict with the following: LAND USE: The Comprehensive Plan arranges major land uses to preserve the integrity and amenities of residential neighborhoods, as well as the economic vitality of industrial areas and commercial activity centers. The plan expresses land use policies in terms of broad land use categories which indicate desired predominant types of use. 2. RESIDENTIAL POLICIES - PAGE 23 2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 2.1 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. [Goals of the Comprehensive Plan, Goal 2 at Page 5] 2.2 Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. [Commercial Policies § 4.5U at Page 26] 2.3 Limit the conversion of predominately residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through Conditional Use Permits when appropriate nonresidential uses are proposed. [Neighborhood Identity Goal Statement, Policies § 6AU at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 6 Page 74] 2.4 Adopt and implement neighborhood policy plans to preserve and/or improve existing neighborhoods. [Neighborhood Identity Goal Statement, Policies § 6.6U at Page 74] CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code § 65-6512 and pursuant to § 11-2-418 of the Municipal Code of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 4. The property is currently zoned (R-8) Medium Density Residential District. The (R-8) Medium Density Residential District is described in the Zoning Ordinance, 11-2-408 B 4 as follows: "(R-8) Medium Density Residential District: The purpose of the (R-8) District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 7 where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. " S. Idaho Code § 67-6512 (a) provides the authority to grant special and/or conditional use permits ".... when it is not in conflict with the plan." [referring to the Comprehensive Plan.] 6. The proposed application requests a conditional use permit to maintain a one room office in the subject residence; utilize one-half of the residential garage for business storage; and store two (2) business apparatus trailers, specifically one (1) one -ton truck and one (1) small business van, to the rear of the subject residence. The R-8 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional sue permit to be obtained for most uses including those requested by the Application. (Meridian City Zoning and Development Ordinance, Section 11-2-409). 7. The Zoning Schedule of Use Control as contained in the Zoning and Development Ordinance of the City of Meridian, § 11-2-409, provides and regulates the type of use allowed as either a permitted use or a conditional use. 8. Conditional Use Permit is defined in the Zoning and Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 8 9. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to § 11-2-418 H Municipal Code of the City of Meridian and Idaho Code § 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on- site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which is a conditional use may be in existence. 10. Section 11-2-418 D. states as follows: "In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence." 11. This application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning and Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 12. Section 11-2-418 C of the Zoning and Development Ordinance of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 9 City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the City Council concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would not be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. The use is not 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. The use will be hazardous or disturbing to existing or future neighboring uses; e. Sewer and water service is available, but the applicant may have to pay additional fees for the use; f. The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. The use will involve activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 10 h. The use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 13. The City of Meridian Zoning and Development Ordinance, Section 1I- 2-410 (2.c.), allows for Home Occupations to be operated in the R-8 District if they meet the following criterion: (a) No persons other than members of the family residing on the premises shall be engaged in such occupation; (b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation; (c) No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; (d) No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard; (e) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 11 (f) In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. 14. That the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, as Ordinance #629 - January 4, 1994, provides as follows: LAND USE: The Comprehensive Plan arranges major land uses to preserve the integrity and amenities of residential neighborhoods, as well as the economic vitality of industrial areas and commercial activity centers. The plan expresses land use policies in terms of broad land use categories which indicate desired predominant types of use. 2. RESIDENTIAL POLICIES - PAGE 23 2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 2.1 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. [Goals of the Comprehensive Plan, Goal 2 at Page S] 2.2 Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. [Commercial Policies § 4.5U at Page 26] 2.3 Limit the conversion of predominately residential neighborhoods to nonresidential uses, and require effective FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 12 buffers and mitigation measures through Conditional Use Permits when appropriate nonresidential uses are proposed. [Neighborhood Identity Goal Statement, Policies § 6AU at Page 74] 2.4 Adopt and implement neighborhood policy plans to preserve and/or improve existing neighborhoods. [Neighborhood Identity Goal Statement, Policies § 6.6U at Page 74] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 13 ORDER OF DECISION OF DENIAL NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, IT IS HEREBY ORDERED AND THIS DOES ORDER that: 1) The applicant, Robin Walker, is hereby denied a conditional use permit. Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code Section 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 a permit authorizing development may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 2, Title 67, Idaho Code. APPROVAL OF ORDER OF DECISION OF DENIAL The City Council of the City of Meridian hereby adopts and approves this ORDER OF DECISION OF DENIAL. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 14 DECISION OF DENIAL ROLL CALL COUNCILMAN KEITH BIRD COUNCILMAN RON ANDERSON COUNCILMAN CHARLIE ROUNTREE COUNCILMAN GLENN BENTLEY MAYOR ROBERT CORRIE (TIE BREAKER) DATED: MOTION: APPROVED: VOTED VOTED VOTED VOTED VOTED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. Dated: City Clerk msg/ZAWork\M\leridian 15360M\Walker CUP\OrderDenial FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 15 Office of the City Attorney The City of Meridian - Idaho's Initial Point of Beginning To: Gary Smith, Public Works Director Shan Stiles, Planning and Zoning Administrator From: Bill Gigray, City Attorney Re: Comprehensive Plan Review "Jukebox Party Express" Date: March 23, 1999 MAR 2 4 19"A CIT Y ( PLAtiNZNG 200 E. Carlton Ave. Suite 31 PO Box 1150 Meridian ID 83680-1150 Phone: 288-2499 Fax: 288-2501 E-mail: wfg@wppmg.com This is a follow up to Gary's memo to the City Council dated March 17t' regarding the above referenced conditional use permit application. The above referenced conditional use permit request by Robin Walker dba Juke Box Party Express to allow him to keep carnival type equipment at his home and to allow him to operate that business out of his home presents in my view a classic example of why Comprehensive Plan Reviews need to be a part of every application. As you know the Planning and Zoning Commission recommended the approval of the application and the City Council denied it. The best rational for denying the application in my view is in the language of the Comprehensive Plan. I a case where there is evidence of other similar use in the neighborhood and due to the fact the some of the neighbors were in support there has to be some basis of criteria upon which such an application be denied. As you well know there are all kind of provisions for imposing conditions to lessen the impact upon neighboring properties but it's the Comprehensive Plan the can form the legal basis for denial. Memo Re: Comp. Plan Review Please note Idaho Law requires that every application for zoning designation upon annexation or rezone, [I.C. § 67-65111 or for conditional use permit [ I.C.§ 67-6512 (a)] can not be granted unless it is found that the application is in compliance with the comprehensive plan. I.C. § 67-6535 provides the approval or denial of any application provided for in the "Local Land Use Planning Act of 1975" shall be based upon standards and criteria which shall be set forth in the comprehensive plan, zoning ordinance or other appropriate ordinance or regulation of the city. This section also requires this to be in written form of findings of fact and conclusions of law that explain the criteria and standards considered relevant and the facts relied upon and explain the justification for the decision. City ordinance § 11-2-418 F provides in part: "....The Commission shall insure that any approval or approval with conditions of any application shall be in accordance with the Comprehensive Plan, this Ordinance and State Law. City ordinance § 11-2-417 A has language regarding whether or not an annexation shall necessitate an amendment to the Comprehensive Plan and it also provides: " If the Commission and Council approve an annexation request, the Commission and Council shall insure that said annexation is in accord with this Ordinance and the Comprehensive Plan." It is important to remember that the Comprehensive Plan is not just a map but a written document. The application should also be analyzed against the appropriate written provisions of the Comprehensive Plan. This same point is true concerning the need to have a staff review of the circumstances of the area of the proposed development and the effect the development will have on the area in terms of the criteria of the Comprehensive Plan and as required by the City ordinance for approval. It is from that analysis that the conditions and the requirements of staff should flow. had prepared and supplied example forms of staff reports that were designed to incorporate the necessary provisions of the criteria of the City's ordinances and the state law. What is happening now is that I have to do the Comprehensive Plan review and include it in the findings and conclusions. I also intend to read the comprehensive plan review findings and conclusions to the Council to insure that the record reflects they considered them before they adopted the findings and make the decision and order. Memo Re: Comp. Plan Review 2 If the City Staff does not include these reviews with their staff report the Planning and Zoning Commission will not considered it nor include the findings in there recommendations and the City Council will not have the benefit of any such analysis prior to the submission of the Findings of Fact and Conclusions of Law and Order of Decision clear at the end of the process. submit this information seeking your help in this process and for the purpose to insure that the City's processes development applications in accordance with the State Law and its own ordinances. I really appreciate your response. Thanks. Memo Re: Comp. Plan Review 3 Interoffice Memo Data Mangy 17, 1999 TO: MAYOR & COUNCIL C= From. GARY D. SMITH, PE RE REQUESTS FOR COMMERCIAL OPERATIONS IN RESIDENTIAL SUBDIVISIONS Dear Mayor & Council Members: As a resident of the City of Meridian I appreciate very much the decision you made last evening regarding the "Jukebox Parry Express", located in Meridian Manor Subdivision at 821 E. Willowbrook. I feel strongly that residential subdivisions should be restricted to a residential use. Business operations should not be allowed. Residents in these subdivisions have the right to a peaceful existence inside and outside of their homes without disturbance from a commercial activity. Unfortunately, there are built in disturbances in these subdivisions, such as barking dogs, loud music, and loud vehicles that already shatter the piece and quiet one hopes for after a hectic day at work. Our comprehensive plan suggests areas for commercial ventures and our zoning ordinances outline the requirements for the existence of this type of activity in these areas. An entrepreneur can utilize these documents to begin the process of locating a business venture. Again, thank you for your sensitivity to the rights of our subdivision residents as regards proposals for commercial activity within a residential subdivision. It is appreciated! GDS 114 L WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE KLEIN FISCHER WM. F GIGRAY, III D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER S. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC S. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE William G. Berg, Jr. City Clerk 33 E. Idaho Street Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208) 288-2499 FAX (208) 288-2501 Email via Internet @ wfg@-Ppmg.com wppmg.com March 23, 1999 NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE REcErvED MAR 2 4 1999 CITY OF MERIDIAN Re: ROBIN WALKER dba JUKE BOX PARTY EXPRESS Dear Will: Regarding the above referenced matter, please serve a copy of the Findings of Fact and Conclusions of Law and Order of Decision upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning and Public Worlcs. If you have any questions, please give me a call. Very truly M. F. Gigray, III ey/ClerkUrMar23 BEFORE THE MERIDIAN CITY COUNCIL CUP -99-001 IN THE MATTER OF THE REQUEST ) FOR CONDITIONAL USE PERMIT FOR ) FINDINGS OF FACT AND A STORAGE OF ENTERTAINMENT ) CONCLUSIONS OF LAW EQUIPMENT BY ROBIN WALKER dba ) AND ORDER OF DECISION JUKE BOX PARTY EXPRESS, ) OF DENIAL OF MERIDIAN, IDAHO ) CONDITIONAL USE PERMIT APPLICATION FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come before the City Council on the 16`" day of March, 1999, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., and the Council having received the record of this matter from the Planning and Zoning Commission including the Planning and Zoning Commission's Recommendation to City Council and Shari Stiles, the Planning and Zoning Administrator, having given a report, and Robin Walker, the applicant, having testified, and neighbors, Bill Campton and Steve Videen testified in favor of the application, and neighbors, Troy Brown, Sandra Sealey and Randall Sealey, testifying in opposition and the Council having duly considered the matter makes the following Findings of Fact and Conclusions of Law and Decision and Order. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 1 FINDINGS OF FACT 1. The City Council takes judicial notice of its Zoning, Subdivisions and Development Ordinances codified at Title 11 Municipal Code of the City of Meridian and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629 - January 4, 1994 and Maps. 2. Staff has complied with the requirements of I.C. § 67-6509 and 67- 6512 and § 11-2-416 E and 11-2-418 E. 3. The Applicant is Robin Walker whose address is 821 East Willowbrook, Meridian, Idaho, the location of the subject property. 4. The record owner of the subject property is Robin Walker. 5. The legal description of the property is as follows: Lot 11 in Block 2 of Meridian Place Subdivision No. 1, according to the official plat thereof, filed in Book 47 of Plats at pages 3837 - 3838, records of Ada County, Idaho. 6. The present land use of subject property is residential. 7. The proposed application requests a conditional use permit to maintain a one room office in the subject residence; utilize one-half of the residential garage for business storage; and store two (2) business apparatus trailers, specifically one (1) one -ton truck and one (1) small business van, to the rear of the subject residence. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 2 The R-8 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-2-409). 8. The subject property is currently zoned Medium Density Residential (R-8). The zoning district of Medium Density Residential is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(4). 9. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Policy. 10. The Applicant has been occupying and using the premises for the storage of mobile entertainment type equipment and business, which has included and is proposed and anticipated to include two (2) business trailers, a one -ton truck, and a small van for business use that the equipment would remain in, in a fenced back yard when not in use, and the Applicant has two (2) pickups used in the business on occasion, and the Applicant has used, and is intending to continue to use, half the garage for business storage and a small one -room office in the residence. 11. There are customers of the business that from time to time come to the residence, and the Applicant does deliver and remove the entertainment equipment from the subject property with loading usually in the morning and loading in the evening, with Saturday being the busiest day and summer busier than winter. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 3 12. The subject property is Lot 11 of Block 2 of Meridian Place No. 1 Subdivision, which has standard residential lot sizes with single-family residences. 13. The neighbors, who are not opposed to the application, stated that the Applicant has continued to upgrade the subject property, and has demonstrated a desire to improve, and to be sensitive to neighbor's concerns, and there are other businesses run out of homes in the neighborhood. 14. The neighbors who testified in opposition wish to keep the use of the premises residential, and that carnival type equipment is not compatible to that type of use and they have been bothered by late night unloading of equipment, which equipment has been stored, in prior times, close to the garage and visible and looking very cluttered. These neighbors have observed increased traffic and, in their opinion, their own property values are less because of the proximity to their residence of the subject real property and its use with the proposed equipment storage. The equipment includes: rides, trailers and dunk tank. 15. Evaluation of the Planning and Zoning Assistant Planner and the City Enforcement Officer comments as follows: 1.1 The City of Meridian Zoning and Development Ordinance, Section 11-2-410 (2.c.), allows for Home Occupations to be operated in the R-8 District if they meet the following criterion: (a) No persons other than members of the family residing on the premises shall be engaged in such occupation; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 4 (b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation; (c) No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; (d) No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard; (e) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence; and (f) In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. However, after inspection of the subject residence by the City of Meridian's Code Enforcement Officer in June 1998, it was determined that the Applicant did not meet items #1, 4, 5 or 6 [a,d,e and f] of the required conditions for an Accessory Use Permit as stated above. Therefore, an Accessory Use Permit application could not be submitted for this project. 1.2 The equipment, which is being stored and is proposed to be stored as a part of the entertainment business of the Applicant, is not of the type FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 5 associated with residential use and the equipment is large enough that parts of it can be seen even when parked behind a 6' fence. 1.3 The proposed use will not be harmonious with and in accordance with the Comprehensive Plan. The subject application for conditional use is in conflict with the following: LAND USE: The Comprehensive Plan arranges major land uses to preserve the integrity and amenities of residential neighborhoods, as well as the economic vitality of industrial areas and commercial activity centers. The plan expresses land use policies in terms of broad land use categories which indicate desired predominant types of use. 2. RESIDENTIAL POLICIES - PAGE 23 2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 2.1 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. [Goals of the Comprehensive Plan, Goal 2 at Page 5] 2.2 Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. [Commercial Policies § 4.5U at Page 26] 2.3 Limit the conversion of predominately residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through Conditional Use Permits when appropriate nonresidential uses are proposed. [Neighborhood Identity Goal Statement, Policies § 6AU at FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 6 Page 74] 2.4 Adopt and implement neighborhood policy plans to preserve and/or improve existing neighborhoods. [Neighborhood Identity Goal Statement, Policies § 6.6U at Page 74] CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code § 65-6512 and pursuant to § 11-2-418 of the Municipal Code of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 4. The property is currently zoned (R-8) Medium Density Residential District. The (R-8) Medium Density Residential District is described in the Zoning Ordinance, 11-2-408 B 4 as follows: "(R-8) Medium Density Residential District: The purpose of the (R-8) District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 7 where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required." 5. Idaho Code § 67-6512 (a) provides the authority to grant special and/or conditional use permits ".... when it is not in conflict with the plan." [referring to the Comprehensive Plan.] 6. The proposed application requests a conditional use permit to maintain a one room office in the subject residence; utilize one-half of the residential garage for business storage; and store two (2) business apparatus trailers, specifically one (1) one -ton truck and one (1) small business van, to the rear of the subject residence. The R-8 zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional sue permit to be obtained for most uses including those requested by the Application. (Meridian City Zoning and Development Ordinance, Section 11-2-409). 7. The Zoning Schedule of Use Control as contained in the Zoning and Development Ordinance of the City of Meridian, § 11-2-409, provides and regulates the type of use allowed as either a permitted use or a conditional use. 8. Conditional Use Permit is defined in the Zoning and Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 8 9. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to § 11-2-418 H Municipal Code of the City of Meridian and Idaho Code § 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on- site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which is a conditional use may be in existence. 10. Section 11-2-418 D. states as follows: "In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence." 11. This application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning and Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67, Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 12. Section 11-2-418 C of the Zoning and Development Ordinance of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 9 City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the City Council concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would not be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; C. The use is not 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. The use will be hazardous or disturbing to existing or future neighboring uses; e. Sewer and water service is available, but the applicant may have to pay additional fees for the use; f. The use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. The use will involve activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 10 h. The use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and The use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 13. The City of Meridian Zoning and Development Ordinance, Section I I - 2-410 (2.c.), allows for Home Occupations to be operated in the R-8 District if they meet the following criterion: (a) No persons other than members of the family residing on the premises shall be engaged in such occupation; (b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation; (c) No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; (d) No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard; (e) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence; and FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 11 (f) In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. 14. That the Comprehensive Plan of the City of Meridian, adopted December 21, 1993, as Ordinance #629 - January 4, 1994, provides as follows: LAND USE: The Comprehensive Plan arranges major land uses to preserve the integrity and amenities of residential neighborhoods, as well as the economic vitality of industrial areas and commercial activity centers. The plan expresses land use policies in terms of broad land use categories which indicate desired predominant types of use. 2. RESIDENTIAL POLICIES - PAGE 23 2.3U Protect and maintain residential neighborhood property values, improve each neighborhood's physical condition and enhance its quality of life for residents. 2.1 To ensure that growth and development occur in an orderly fashion in accordance with adopted policies and procedures governing the use of land, residential development the provision of services and the distribution of new housing units within the Urban Service Planning Area. [Goals of the Comprehensive Plan, Goal 2 at Page 5] 2.2 Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. [Commercial Policies § 4.5U at Page 26] 2.3 Limit the conversion of predominately residential neighborhoods to nonresidential uses, and require effective FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 12 buffers and mitigation measures through Conditional Use Permits when appropriate nonresidential uses are proposed. [Neighborhood Identity Goal Statement, Policies § 6AU at Page 74] 2.4 Adopt and implement neighborhood policy plans to preserve and/or improve existing neighborhoods. [Neighborhood Identity Goal Statement, Policies § 6.6U at Page 74] FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 13 ORDER OF DECISION OF DENIAL NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, IT IS HEREBY ORDERED AND THIS DOES ORDER that: 1) The applicant, Robin Walker, is hereby denied a conditional use permit. Please take notice that this is a final action of the governing body of the City of Meridian. Pursuant to Idaho Code Section 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 a permit authorizing development may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 2, Title 67, Idaho Code. APPROVAL OF ORDER OF DECISION OF DENIAL The City Council of the City of Meridian hereby adopts and approves this ORDER OF DECISION OF DENIAL. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 14 DECISION OF DENIAL ROLL CALL COUNCILMAN KEITH BIRD COUNCILMAN RON ANDERSON COUNCILMAN CHARLIE ROUNTREE COUNCILMAN GLENN BENTLEY MAYOR ROBERT CORRIE (TIE BREAKER) DATED: MOTION: APPROVED: VOTED VOTED VOTED VOTED VOTED DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department and the Public Works Department. 1.2 City Clerk msg/ZAWork\M\Meridian 15360M\Walker CUP\OrderDenial Dated: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DECISION OF DENIAL - ROBIN WALKER dba JUKE BOX PARTY EXPRESS CUP - 15 E-MAIL: WFG@WPPMG.COM March 11, 1999 Shari Stiles, Planning and Zoning Administrator Gary Smith, Chief Engineer Re: CUP -99-001 STORAGE OF ENTERTAINMENT EQUIPMENT BY ROBIN WALKER Please find enclosed a copy of the Recommendation to the City Council of the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on March 16, 1999. The City Council request that you be prepared at the hearing to specifically address the Recommendation of the Planning and Zoning Commission. If you disagree with those recommendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc., please prepare your recommendations in writing so you may submit the same to the City Council at the hearing. The Council appreciates your attention to this request. It will assure that the Council has the benefit of understanding your position in this matter and it will help limit the need for testimony. W.Gigygray, s, In. III Enclosure ey/Z:\Work\M\Meridian 15360M\Walker CUP\PZ.Itr WHITE, PETERSON, PRUSS, MORROW GIGRAY, P.A. JUSTIN P. AYLSWORTH ATTORNEYS AT LAw JULIE KLEIN FISCHER WM. F. GIGRAY, III 104 NINTHAvENVE SourH MERIDIAN OFFICE D. SAMUEL JOHNSON POST OFFICE BOX 247 200 EAST CARLTON AVENUE WILLIAM A. MoRRow SUITE 31 CHRISTOPHER S. NYE NAMPA IDAHO 83653-0247 POST OFFICE BOX 1 150 PHILIP A. PETERSON MERIDIAN, IDAHO 83680-1150 STEPHEN L. PRUSS TEL (208) 466-9272 TEL. (208) 288-2499 ERIC S. ROSSMAN FAx (208) 466-4405 FAX (208) 288-2501 TODD A. RossMAN R STEPHEN RUTHERFORD TERRENCE R WHITE PLEASE REPLY TO NAMPA OFFICE E-MAIL: WFG@WPPMG.COM March 11, 1999 Shari Stiles, Planning and Zoning Administrator Gary Smith, Chief Engineer Re: CUP -99-001 STORAGE OF ENTERTAINMENT EQUIPMENT BY ROBIN WALKER Please find enclosed a copy of the Recommendation to the City Council of the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on March 16, 1999. The City Council request that you be prepared at the hearing to specifically address the Recommendation of the Planning and Zoning Commission. If you disagree with those recommendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc., please prepare your recommendations in writing so you may submit the same to the City Council at the hearing. The Council appreciates your attention to this request. It will assure that the Council has the benefit of understanding your position in this matter and it will help limit the need for testimony. W.Gigygray, s, In. III Enclosure ey/Z:\Work\M\Meridian 15360M\Walker CUP\PZ.Itr `0 D BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. CUP -99-001 REQUEST FOR CONDITIONAL ) USE PERMIT FOR A STORAGE ) RECOMMENDATION TO CITY OF ENTERTAINMENT ) COUNCIL EQUIPMENT by ROBIN ) WALKER dba JUICE BOX ) PARTY EXPRESS ) INTRODUCTION 1. The property is located at 821 E. Willowbrook, Meridian, Idaho. 2. The owner of record of the subject property is Robin T. Walker of 821 E. Willowbrook, Meridian, Idaho. 3. Applicant is the owner of record of the subject property. 4. The subject property is currently zoned Medium Density Residential (R- 8). The zoning district of Medium Density Residential is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(4). 5. The proposed application requests a conditional use permit to maintain a one room office in the subject residence; utilize one-half of the residential garage for business storage; and store two (2) business apparatus trailers, specifically one (1) one -ton truck and one (1) small business van, to the rear of the subject residence. The R-8 zoning designation within the City of Meridian Zoning and Development RECOMMENDATION TO CITY COUNCIL - I CONDITIONAL USE PERMIT — ROBIN WALKER - TEMPORARY STORAGE Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-2-409). 6. 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: Evaluation of the Planning and Zoning Assistant Planner and the City Enforcement Officer Comments as follows: 1.1 The City of Meridian Zoning and Development Ordinance, Section 11- 2-410 (2.c.), allows for Home Occupations to be operated in the R-8 District if they meet the following criterion: (a) No persons other than members of the family residing on the premises shall be engaged in such occupation; (b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation; (c) No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT — ROBIN WALKER - TEMPORARY STORAGE (d) No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard; (e) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence; and (f) In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. However, after inspection of the subject residence by the City of Meridian s Code Enforcement Officer in June 1998, it was determined that the Applicant did not meet items # 1, 4, 5 or 6 of the required conditions for an Accessory Use Permit as stated above. Therefore, an Accessory Use Permit application could not be submitted for this project. 1.2 Upon further review by the P&Z Department staff, it was determined that the proposed business operation could be classified as an Outdoor Storage Facility. Per Section 11-2-409.B., Zoning Schedule of Use Control, of the Zoning & Development Ordinance, this use requires a Conditional Use Permit within the R-8 District. 1.3 A Zoning Certificate is required to be obtained prior to the operation of any Outdoor Storage Facility before operation. 1.4 Section 11-2-41 S.C. (General Standards Applicable to All Conditional Uses) requires the Commission and Council to find adequate evidence that CUPs can be issued. The following standards must be met in order to approve CUP applications: RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT — ROBIN WALKER - TEMPORARY STORAGE (a) Will, in fact, constitute a conditional use as determined by City policy; (b) Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; (c) Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; (d) Will not be hazardous or disturbing to existing or future neighboring uses; (e) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; (f) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; (g) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; (h) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and (i) Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Based upon the Applicant s business operation to date and based upon inspection reports submitted by the City s Code Enforcement Officer, items RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT — ROBIN WALKER - TEMPORARY STORAGE #3 and #4 above have not been met to date in the conduct of the enterprise. 1.5 Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance to provide adequate parking spaces for all vehicles used in the conduct of the business. 1.6 Applicant shall provide for a fence of appropriate height/construction to fully enclose the equipment and vehicles used in the business. 1.7 If the Conditional Use Permit is approved, Applicant shall schedule an appointment with the Meridian Fire Department for inspection prior to operating. 1.8 No signage has been proposed, and none is approved with this application. 1.9 Violation of any of the above conditions shall be cause to revoke a zoning certificate for a Conditional Use Permit if approved. The Conditional Use Permit shall be subject to review upon notice to the applicant. The Meridian Planning and Zoning Commission further recommends approval of the Conditional Use Permit subject to the following three conditions: 1.1 The Applicant maintain the condition of the subject property and avoid any degradation. 1.2 Applicant shall store the two business apparatus trailers in the backyard of the residence behind the fenced enclosure. 1.3 The conditional storage is limited to the two business apparatus trailers, namely one one -ton truck. and one small business van and storage of any additional tow, entertainment equipment is specifically prohibited. Adopt the Ada County Highway District Recommendation as follows: RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT — ROBIN WALKER - TEMPORARY STORAGE 1.4 Applicant shall provide all future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services Procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. ey/Z:\Work\M\Meridian 15360nWalker CUP\CUP.Rec RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT — ROBIN WALKER - TEMPORARY STORAGE MERIDIAN CITY COUNCIL MEETING: MARCH 16, 1999 APPLICANT: ROBIN WALKER D/B/A JUKEBOX PARTY EXPRESS AGENDA ITEM NUMBER: 18 REQUEST: CONDITIONAL USE PERMIT AGENCY COMMENTS CITY CLERK: TRANSPARENCIES ON FILE AT CLERK'S OFFICE SEE ATTACHED MINUTES FROM P & Z 2/9/99 CITY ENGINEER: SEE ATTACHED COMMENTS 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 RECOMMENDATION FROM P & Z REVIEWED SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS REVIEWED REVIEWED BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 43 Borup: Mr. Chairman, I would like to make a motion that we approve this conditional use permit for a drive-thru kiosk with—subject to review of the plumbing officials on plumbing system and also subject to the correction removal of non -complying signs on the subject property. So that include it, anything else that should be added? MacCoy: I think you covered it. De Weerd: It's been seconded. MacCoy: It's been seconded. All in favor? MOTION CARRIED: All ayes. ITEM NO. 5: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS IN BACKYARD BY ROBIN WALKER D/BA/ JUKEBOX PARTY EXPRESS -821 E. WILLOWBROOK: MacCoy: Staff? Stiles: Chairman MacCoy, commissioners, this application was submitted primarily due to a continuing enforcement problem that we've had. There have been complaints I would say probably for at least two years about this operation. The applicant has—the city has litigated this applicant, they are—he did plead guilty, is up for sentencing I believe next week. The use did not meet any of the criteria for an accessory use for a home occupation, and without knowing really where this use would fit in, the closest we could come would be an outdoor storage facility, but I'm sure there are people here to testify tonight what kind of conditions have existed out there. Staff does not support approval of this conditional use permit, it's not appropriate for a residential subdivision and believe that the applicant should move his location to a commercial area where it would not be disruptive to the entire neighborhood. MacCoy: Bruce, do you have anything? We will open up the public hearing, will the applicant please come forward? ROBIN WALKER, 821 E WILLOWBROOK, MERIDIAN, ID. Walker: We have lived at this property for some time, we were renting the property, we wasn't aware that a conditional use permit was required. We were asked by enforcement to move one of the trailers up to—up close to the house that it was out sitting too far too close to the street which we did. The property was still under ownership of someone else and as of November, December of this last year, we were probably notified probably in August that we needed to get MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 44 a conditional use permit. I explained to the enforcement officer, Joe—I'm not sure of his last name, that we were in the process of buying the place and that we were waiting for the paperwork to go through. It was completed in November and at that time we started putting things in order to apply for a conditional use permit. The previous owners were not prepared to do any upkeep on the property, the fence in the back blew down, the fence in the front blew down and the house had not had a paint job for over ten years I'm sure and of course we weren't prepared to put money into the property until we took possession of it. We did try to block up the fence as best we could without—I mean the posts were rotted off and so forth, so it was a matter of redoing the whole fence line and so forth. So we in November took possession of the house, we do apologize to our neighbors we have a lot of compassion for them and what they had to put up with for the last few years. Without ownership it was very difficult for us to do a whole lot of tings to the house. We at that time painted the house, put up a fence in the front, moved our equipment, we put gravel in the back to give us more parking place. The trailers that are mentioned are actually two small rides, one is a swing apparatus—it's just a swing that is portable. The other trailer is an orbitron, it's a different type of a ride. We do a great deal of—we do no entertaining on the premise. We take our entertainment, we go out and we do a lot of service type activities. We've done activities at a discount for all the schools in the area. We've done over 250 services last year that were done for alternative entertainment for schools and youth groups and so forth. We have a business that is very service oriented, it is a great way to keep kids off the street and to be involved in those things. We do things like Karaoke and Sumo wrestling and those types of things, none of which do we ever entertain on premises. We like I say have these two trailers that are rides and that is the only thing that is parked out side. We do not have any employees, expect those who go to the sites where we—come to load up equipment and then go out to the sites where we do party's and then they will run the equipment there on the site. I have my children that work for me and that's probably about 90—myself and my children are about 95% of the employment force. We do 95% of the work. We have had one person who came over and worked with us last year, but he was doing more things for the residence, he helped me put up the fence and helped me put in a lawn and we put in a lawn and put up a fence along the one side and we are working on the fence on the other side, so—we've painted the house this last few months, we've changed all the carpet in the house. So we've done a lot of things to try and upgrade and get closer to the neighborhood that we live in. Let's see, we—I have pictures here of our residence and I'd be glad to let you look at those, but as far as I can see it looks like most of the homes in the area. If you will look on the fence side, that's a front view and a side view of the fence where we have the gravel area to park the equipment. You'll see just above the fence, those are a couple of our—those are the two trailers that I spoke of. They are pretty much hid behind that fence, except they do protrude slightly over the fence. I did have a question, what is the maximum height allowed for a fence around the backyard? Six foot, okay, so the fence is the maximum height there MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 45 and those swings do extend above the fence line, and I know that is not in compliance and do to the nature, it's only a swing, I actually have pictures here of my neighborhood, of other people who have swings in their backyard that extend above the house and above the fence. I also have pictures of some people who have satellite dishes which are bigger and more dominant than either of these rides are. I would also point out that the people living across the street from us has a business that they run out of their home and the people directly to the— well kitty corner from us also has a business, I've got pictures of their company vehicles parked in front of their house, with equipment in the back and the concrete forms along the side. I have pictures of another house just along the other side, that has (Inaudible) truck and another one that has a black top coating, so forth and all these vehicles are parked all the way around their house and certainly the pictures that you see there are much more in compliance with what I understand the laws to be than any of those properties. So I guess I still would like to have an understanding, I would also find out that we went door to door through our neighborhood to talk to our neighbors to see what problems that they had with it. They said since we had cleaned up and put the fence up there and so forth, that there was not a problem. They also indicated to us that many of them are business owners and run their businesses out of their home. We probably, probably about 40% of the people that you sent out the letter to, or that we sent the letter to, 40% of those people own businesses out of their homes and the ones that we discussed, their businesses with them said they had never filed for a conditional use permit either. Apparently our whole neighborhood is out of compliance with it. MacCoy: Is that it? Walker: Well I really would almost like to have some more specific comments from staff to let me know what their major concerns are because they mentioned on the letter they mentioned several things and I real through these and one talks about do we have any additional traffic or is there adequate parking, the last time they showed that they viewed that was in June and we've of course done all this work since June. Unless they have updated their records, I don't think that they have a full picture of the situation. The other thing that I would mention is that we don't do any of the entertaining there, so we don't have any of our equipment running, we do have sound systems, but we don't fire them up and blow music in the neighborhood. We have a neighbor who has a drum set and he certainly plays his drum set louder than we ever play our music. I know that noise isn't a problem, we don't have any fumes, there is nothing that we do at that location except store these two trailers. I also went around the neighborhood to see some of the other things, we've got boats extending above the fence, we've got motor homes parked right up to the curb. Again, if we just took the employment part of it, we know that 40% would not be in compliance and if you took the other things that I took pictures of and I would be glad to share those with you, we would be about 80% not in compliance. MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 46 MacCoy: Shari do you want to make any comment right now, or rebuttal? Stiles: Well, I'll probably let some of the neighbors make their case, we deal on a complaint basis. We don't go around looking for problems. We have had complaints continually on this operation for at least two years. Walker: How many different people complained? Stiles: I couldn't tell you how many or names. Walker: So if the same person called 1300 times, you would show 1300 complaints and not 1300 complaints by the same person. Stiles: People don't always even give us their names. Walker: Then my question is correct then? MacCoy: I think exaggeration, but eventually you would understand the voice. Okay Shari I will come back to you in a few moments then. Commissioners, any questions for your side? De Weerd: Not right now. Borup: Just one clarification, you said at this point you have no employees? Is that correct? Walker: We have no employees outside the family, but when we do take our equipment to other places, locations, we will have people there... Borup: Meet you down at the other site? Walker: Well, yes we also have people who will come periodically and help load up equipment to take to that site. So they are there for 15-20 minutes helping us throw in the Sumo wrestling suits or hooking on the orbitron and then we are out of there. MacCoy: Is there anybody here who would like to speak in behalf of this applicant. BILL CAMPTON, 801 E WILLOWBROOK AVENUE, MERIDIAN, ID. Campton: I live next door to Robin and Joni. I have lived there for six months now and I can only speak for that amount of time. I am presently renting, we have moved back to Idaho after being gone for awhile and are returning home MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 47 after a stay. We have owned our own home in five different places and as a homeowner I could understand the concerns that would be voiced at a meeting such as this, but speaking particularly about Joni and Robin, I have found them to be really good neighbors. They are running a business that is strictly a family business. They have on the one hand a need to maintain their equipment and the other hand need to upgrade their property in order to be in compliance with you folks. They are attempting in all our dealings with them to comply with the concerns of the neighborhood, because when we first moved in there they came and said if there was anything that ever bothers you or disturbs you let us know and we will work on it. They have built the fence with a large swing gate that covers as much of their property as they can. They have put in the front yard, they have attempted in every way probably within their financial limitations of being a business owner to meet the needs and concerns. We have found them to be genuinely concerned about the overall neighborhood and not having it go down hill. As Robin said, it's really hard to keep them straight because he is Robin and she is Joni, we are learning that after six months, the situation is such that they are upgrading the property on a continuous basis and that is nice to see. They've come in late at night after working hard, and they do put things away, but they have never been a disturbance and he has said they do it quietly and they do. Many other businesses run like he described with trucks and trailers and things in the front yard. It's not the only one in the neighborhood. It is a blue collar neighborhood and functions quite nicely. He is just one of the many in the neighborhood. I don't know what has caused the disturbances... (END OF TAPE) Compton: ... unresponsive to those. So that's my input for the time that we have known them. We consider them to be good neighbors. MacCoy: Any questions for this man? Borup: Mr. Compton, so you are saying that all the equipment has been stored in the back, the pictures that we had showed a fence around with no vehicles or equipment stored in the front yard. Compton: He has pickup trucks, we all have vehicles, but his major pieces of equipment that he described to you have been located in the back yard. He did put in a large swing gate that does cover up and did a very nice job constructing that with the help of some friends and relatives I would imagine. He is like I say gradually improving the property now that he is the owner, I would imagine that is his intent, but I would imagine that the financial constraints of running a business and doing as the jobs come along mandate when he will do these improvements. De Weerd: What side of his house do you live on? MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 48 Compton: We live on the busy side. We are on the swing gate side. MacCoy: There was a lady back there that started to come up. RACHEL WALSH, 705 WILLOWBROOK, MERIDIAN, ID. Walsh: I've been a resident in the neighborhood for 14 years. Basically I started, I was one of the first houses in the neighborhood. The Walkers have run their business out of the neighborhood probably four or five years. At first they did have a lot of it in front, like you said, they were renting. Basically you don't upgrade something that you don't own. Over the last year, the improvements in the property have been immense. They've put—the equipment is all in back. Their swing isn't any bigger than my swing, I have kids too. My kids swing set, their trampoline all of my equipment in the back of my yard can be seen over the top of my fence. It's just part of being a family I guess. I don't see a problem with the business in the neighborhood, it's not run out of the neighborhood, they don't bring the business to the neighborhood, they take the business from their home to where it is run. MacCoy: Any questions for her? All right, thank you very much STEVE VIDEEN, 2051 N LARK PLACE, MERIDIAN, ID. Videen: I live at 2051 North Lark Place, which is just west about a half of a block and one house up. I've lived in the neighborhood about five years or so and probably a year ago I would be on the other side of the fence, in this conversation, but he has made tremendous improvements to the house and to the property and I really don't have any issues with his equipment because like he said there are other people that have trailers and boats in their back yard that stick up just as high as they do and I don't find them anymore imposing there, so I think I don't have any problem with it. MacCoy: Okay, any questions from you? None, okay thank you very much. Who is next? JOHN LONGHURST, 2141 NE 10TH AVENUE, MERIDIAN, ID. Longhurst: I've known Robin for—how long have you lived there Robin? Walker: Ten years. Longhurst: Ten years and I've lived at the address I just gave for 13 Y2 years and Robin is a good friend of mine. He obviously is a very hard working person, owns his own business and a good family man. I consider people like him to be the backbone of this country and if we run—if we pick at little things like have MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 49 been discussed on this issue and say this person can't do this, I mean where are we going to be as a country 50-100 years down the road? There are certainly issues that need to be addressed, that's why we have laws, but I don't understand why anyone would really seriously object due to the fact that he has tried to upgrade the problems that have been pointed out to him. Basically it seems to me he should be allowed to continue to run his business without harassment from anyone. MacCoy: Any questions for him? I guess not. Thank you for your time. Anybody else? JONI WALKER, 821 E WILLOWBROOK DRIVE, MERIDIAN, ID. J. Walker: I reside at 821 E. Willowbrook Drive, I'm Robin's wife. He and I were married a year and half ago and since I moved into the house, the things that we have seen as far as updates and upgrades have been to the most capability of our financial status. I do admire those people who have a perfect yard, who have the excellent neighborhood, who have an ideal situation in a home and neighborhood, financially, with the 12 children we have a home business is the best way we have available to provide for our family. I have no objections to the fact that businesses are well run in a residence—non-residential area, as far as a business and business areas go. If you have that capability, the overhead as far as parking and running a business office out of your home is quite expensive, financially, if we had that capability we would be more than happy to do it. WE have met with all the neighbors that we have been able to catch at home because a lot of them work. We have talked to several of them within the last couple of weeks. Talking to 8-10 of them just within the last couple of days to see if they had any concerns, problems or complaints that we could address was our main goals so that we could try to correct anything that was a problem for any of them. I have met with one or two that have had the complaints and talked to them and told them that as our finances were available we would be more than happy to accommodate anything that would make them happy as far as anything that is really possible. We have talked about making covers for the rides so they are not an eye sore as far as color or the item as to how they are built. We have talked about parking them at a different angle behind the house so that the advertising that is actually on the truck with is not used at the moment but is part of the business would not be seen by the public. We have talked about several different possibilities and have had a few of them remark to the point that well we will see it when it happens. When it happens may not be tomorrow or the next day according to our finances. Now, we are more than willing to accommodate as many of the neighbors as we can and try to make it a pleasant neighborhood to live in. I'm all for the wonderful neighbors and everyone that we've met and even those that have complaints, I have nothing against them. We have nothing as a family against them and we hope to be able to make them friends and everybody happy in the future. As far as small time businesses go, a lot of the MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 50 families that I met with have two or three, or even one residential businesses. Some had dump trucks running through the neighborhood, some had diesel trucks running through the neighborhood, some of the residential vehicles as far as trucks and Volkswagen Bugs and a few others that have no mufflers are louder than our vehicles that we run in our business. So as far as noise concerns for our vehicles we don't have that problem with our vehicles. Occasional instances where we have to hitch a vehicle trailer to a track might occur in the roadway where we have to pull it out. That does take 10-15 minutes to do so and then it's out of there and we have apologized to the neighbors for the inconvenience that it has caused and hope that we can correct it in some way in the near future. We do apologize for any inconvenience to the neighbors in the past. We've tried to improve as much as we possibly can. MacCoy: You say you have 12 children? J. Walker: Yes we do. Probably nosier than our business. MacCoy: I was wondering if we were talking about the wrong thing here. Any questions for her? Anymore on the positive side? Okay lets go to the other side of the fence. That's not a pun intended either. Anybody here who would like to speak on the other side? Yes sir. RANDALL SEELY, 802 E WILLOWBROOK, MERIDIAN, ID. Seely: I have some pictures that I would like to show if I could tonight just so you could get a grasp as why I'm opposed to this business. Do we have the pictures? After I retired from the airforce back in 1986, my family and I moved to the Treasure Valley trying to find what everybody else looks for and sense of values, a good place to live, good community. We rented awhile in southwest Ada County, we rented in Garden City and we ended up in Meridian, which we love and to us is our home. Being military, I always wanted to give my kids roots and Meridian is a place that we found gave our children roots. After traveling with the air force we finally decided to, after looking around the Treasure Valley, we ended up on east Willowbrook in Meridian, in mid 1989 when we bought our house at 802. What we weren't expecting though several years later was the increasing activity of the Walker business being run from his home, activity which I have described simply as nothing more than a mini -carnival. An orbitron, an orbiter, a dunk tank, things like this moving in and out several days and nights per week, sometimes on the weekends, as well as a pickup truck full of Robo Surf Board and the Dunk Tank and his Sumo Wrestling attraction as well as the people that he hirers or has hired in the past to help him run his business. In a residential neighborhood which is not zoned for business and has never been as far as I know, otherwise I don't think I would've bought my home there. I take pride in my yard, my home, the appearance—the overall appearance of the neighborhood and the prospect of decreasing property values is the (Inaudible) MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 51 concern, as far as I'm concerned. A friend of mine that used to live at 801 E. Willowbrook across the street sold his house when he moved to Salem, Oregon and had to take a $2,000 loss on his home. The house right next to mine, east of mine was for sale and some people had looked at the house and stopped me while I was in my yard and asked me what the story was with the activity across the street, which was the Walker house. Speaking for myself and my family we choose to live in Meridian as I said for it's quality of life and the prospect of what it has to offer. It continues to be an outstanding community to call home. If I wanted to live near a business, I would've chosen a busier street like Fairview or one of the other busy streets. Frankly I'm embarrassed and somewhat perturbed at times when family and friends come over and compare my street to Garden City and that's my apology to Garden City. I'm sure that the Mayor as well as other public servants such as yourselves wouldn't tolerate a business such as this in your neighborhoods, I don't think it would be allowed in Meridian Greens, or Summerfield or the Lakes at Cherry Lane. I'm surprised that someone in a residential neighborhood could be considered for approval to run this type of business and that's why I respectfully request that it not be granted. When I bought my home I had every intention of enjoying a peaceful neighborhood, but allowing this business to continue to operate as it has will only decrease my property value and I'm sure the property value of my neighbors. As rapidly as our city is growing, there are many storage areas and I'm sure alternative sites that are available for storing entertainment equipment, rather than in the middle of our quiet neighborhood. I do have some pictures, just a couple of pictures. These were taken, starting of January of last year, so ranted these were pictures that were taken later on. This was January 15 of last year, as you can see. Some of the other people that have testified tonight didn't have* to lookout their window and see this across the street. (Inaudible—blank) not only traffic coming and going from the property but sometimes, as you can see with the pickup truck parked in front of the house across the street. So, again I would like to go on record as saying that I do not begrudge anybody for wanting to make a living, but I think there is an alternative here, as far as storage of equipment such as this in my neighborhood. I request respectfully that this not be granted. MacCoy: Anymore pictures to show here? Or is that it? Rossman: Can these be held as part of the record. MacCoy: Yes they are. Before you leave, I would like—two questions for you myself, the commissioners have a chance too. In your neighborhood it has been said already here that there is other people that have businesses in their homes and the comment was made that they didn't come through this process, they probably did it off the cuff or are illegal in one sense or another. Have any of those bothered you? MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 52 Seely: No sir, they haven't. There is a cement contractor living right next door to me and he doesn't mix concrete in his driveway or have concrete trucks driving in and out of his yard. So that doesn't bother me at all. I'm aware of other businesses on my street. I have no objection to that, what I object to is the traffic in and out of the property. MacCoy: Let me ask the next question to you. I'm sure in every neighborhood there are people who have RV, sailboats, what have you, extruding over there fence from their backyard. Do you have any of that in your area? Seely: In the backyards, yes. MacCoy: That doesn't bother you? Seely: No. MacCoy: Let me ask you this last question now, you mentioned that these pictures came from last January or (Inaudible). Seely: I took pictures through October. MacCoy: The fact that he has now stood up here and expressed and his neighbors have expressed the fact that he has cleaned his place up. Is that a fact? Seely: That he has cleaned it up? Yes sir it is an improvement over what it has been. MacCoy: So you will acknowledge the fact that he has been working on that and the fact that he has also mentioned and I can understand his viewpoint, he was renting, it's hard to do anything to a rental when the owner, which is not here doesn't do anything. Now that it is his place, it seems to make a big difference the fact that he is spending time and money to clean up his house and make it look like your place probably. Seely: I'm concerned too, one of the rides was referred to as a swing. To me it looks like a mini -oil derrick it's a large ride. The counterbalance on it and (Inaudible). MacCoy: If they were to put a cover over that would that be? Seely: I don't think so, no. I don't think I would like that either. I just don't like looking at this equipment as it sits on our block. MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 53 MacCoy: Let me turn it over to the commissioners, anybody have any other questions? Borup: You answered, you asked a couple that I had on the other businesses. It appears that the pictures are not representative of the last several months of what the property looks like... Seely: My personal feelings on that sir are the fact that he hasn't had a lot of outdoor activity because of the fall and winter. Borup: Is there any equipment parked in the front now? Seely: No sir. Borup: In the last several months? Seely: Not that I've seen. Borup: You mentioned that you had no concern about camp trailers and RV's parked in the back yard, any concern on front yards? Camp trailers, or cars up on blocks anything like that? Seely: As far as I've seen we have none of those on our street as far as cars on blocks. We do have camper trailers, but they have always been parked to the side. Borup: (Inaudible). I guess I need to state for the record, I drove down the street and I saw that camp trailer in the front yard, car up on the blocks with no wheels. Seely: I'm not familiar with which one you are talking about. It wasn't mine, so... Borup: Isn't that a (Inaudible)... Seely: I'm not familiar with it. MacCoy: Any other questions? Okay, thank you. Anyone else out here who would like to make a—yes come on up. Before you do that you are on the positive side, I want to try and... I'm going to hold her off for a moment here, is there anybody who wants to do the other side of the fence, then we will have a rebuttal. TROY BROWN, 853 E WILLOWBROOK, MERIDIAN, ID. Brown: I live immediately to the east side of the house. There isn't much more I could say, visually it looks horrible. The only thing [—this equipment doesn't MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 54 belong stored in a residential area, it could be stored in a public storage area. I would like to emphasize on the way it devalues the real estate property in there. We have had our house listed a year ago, or last year and the house did not sell. We had numerous comments from agents that come and showed and let people view the home about what was going on next door. It looked like a mini -carnival, Western Idaho Fair and that was one of the reasons they disliked the property and believe that it did not sell for that reason. That's my major concern about having this business right next door to me. It really does not belong stored right here in a residential area. Borup: I certainly understand the concerns if the pictures that we saw here from a year ago are representative and I assume they were, I'm still interested on your feelings now. How long has it been since there has been—objects parked in the front yard. Brown: I don't exactly know when they moved everything Borup: Since after August. Brown: I think it was much later than that. Borup: He's saying that he started to buy the property in August and had possession in November or something. Brown: No, I think it was there was an extra (Inaudible) brought late into the fall and I think the way it appears now is just, I think just for this meeting here. I don't think it's going to stay that way. Borup: That's what I was wondering, is that what you concern is then? Brown: Yeah, absolutely. Borup: The way it is right now? Brown: I don't believe that its going... Borup: But the way it is right now you don't have an objection to? Brown: Oh yeah I do, I can look over in my backyard and see all that equipment. (Inaudible) just because you can't see the front, I live right next door and I can stand out on my deck and look in the back and see all that equipment. It's a real eye sore. MacCoy: Anybody else on the negative side? All right, do you want to get back up then for a rebuttal? MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 55 J: Walker: When we purchased the house that we did, when we purchased the home a couple of months ago that we did, we did have a realtor come in and give us an appraisal of our home and they did see the equipment on the property and they did value the home as the normal price in the neighborhood as all the other homes as the same size, square footage, everything with the upgrades that we have done to the home. Now, at that time, there were very few upgrades other than the carpet and inside of the house and the paint job on the outside of the house that we did do. So the value of that home was going strictly on the house and inside, because the outside had not been grass, or fences started or clean up done or anything because there was quite a mess two years ago and it did go into the first part of the year after Robin and I got married because we were beginning to upgrade as to what we could as residential renters. Now as far as the value of the home now, it is up to where it normally would be if we were to put it on the market. The vehicles as far as the rides have not been parked out in front for at least six months. They have been brought out as various occasional uses as where they were rented out and they would hook them up and take them off, if they may be parked in the yard or in the front yard for like five minutes as far as on the street goes. As far as that goes, we haven't had those things parked there for at least six months since the fence has been put up. Things have been placed in the back to accommodate the neighbors. As far as them saying that they don't think it will stay there. Those are the plans to stay there. We have children that are playing in the yards now, that's why we upgraded the yard. That's why we are putting up the fence and we also have the very desire that they have to have a very nice home and a business run out of home so if people do drive by and they know we live there, they know that we are trying to do a good job and we are what I would say as far as would you hire us if you looked at our home. This is the image that we are trying to encourage. We have taken this into consideration and we have taken into consideration the fact that our neighbors do have recreational vehicles, they do have cars that are broke down, they do have diesel trucks that they do as a business, they drive or dump trucks or cement contractors or anything that is such as a home business. We take into consideration as that and we don't complain about them because we know that they are trying. I don't expect not to have any complaints. We expect to try and accommodate the complaints, but we have pictures from all the way around the neighborhood starting at Chief Joseph School all the way down our street, all the way down the street that ends in a cul-de-sac and back. These pictures show everyone of them that their driveways, their vehicles, their recreational vehicles are all just about what you would call normal for a family living in a residence. If there is a residential person that wants a real uppity type atmosphere and there are those residencies, there are those areas that have that. They say they limit their vehicles, two vehicles per residence is all that you are allowed to park in here and they have strict recommendations and strict rules that they have to follow and a lot of them even signed papers that say you are not allowed to have these things in this neighborhood. Where I came from in MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 56 Nevada there was places like that that said we do not accommodate, we will not have trailers older than a certain year, we will not have trailers in the residential housing sections. We will not have more than two vehicles parked in an area and they have strict rules that they abide by. I have not seen any such rules other than since we have come before the committee and we've been told that these are the regulations that you have to abide by. We are willing to abide by them. Here are some pictures if you would like to look through them. MacCoy: Anybody else on this item? Nelson: I have a question for her, but she didn't give me a chance. J. Walker: I'm sorry I'm used to kids running so fast, okay. Nelson: In all our discussion tonight we haven't addressed the option of you storing your equipment in an outside storage off site. I know that RV's and boats are a more seasonal thing. Most RV's that come out of our neighborhood are pulled out a couple time a month, not a 100 times a year. So why aren't we—we haven't discussed that option. J. Walker: What option are you talking about? Nelson: Why aren't we just addressing the storage of this equipment off site? J. Walker: Probably because we haven't really talked to anybody as far as most the people that we've talked to said it isn't a problem to them. I would like to have my husband discuss with you our future plans for the business as far as that goes. We have talked about the options of putting an overhead shed above, if there was a capability for the zoning there for us to do so. We have also talked about making covers for these vehicles and planning options for them. That's as far as we got because of financially and as far as we were concerned we didn't have a reason to have to discuss it or do it, other than up till now. I'll let Robin talk to you if you don't mind. I don't know all the details as far as... R. Walker: I guess to answer your question it would be less convenient for us and of course any additional cost means that we have to pass that on to the consumer and where we do so many service things that we do school carnivals and things and we charge such a minimal amount that those expenses would require us to raise our prices. Just to give you an idea, that orbiter, the swing we charge a $100 for a school carnival, which we would normally charge $300 and we do that for them, just because they are trying to raise money and trying to bring the kids into the carnival and that kind of thing. It's just convenience, mostly convenience and secondarily the cost. Nelson: So how many total pieces of equipment are we talking about? MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 57 R. Walker: We have three that are outside, that's the orbiter, the orbitron and the dunk tank. Those are outside and stored in the backyard. In the garage we have one half of the garage designated for multiple things such as Karaoke system that we take out and do shows with or rent out sound system and Sumo Wrestling, all of it fits in half the garage, so I mean there are multiple items, but there is nothing else outside visible. Nelson: Thank you. MacCoy: Any other questions for him? Okay, thank you. We've gone through both sides of the house now, is there anybody who has one more piece they want to save before we do something with this? Okay commissioners? Wait a minute we have one more and this is it. JOHN LONGHURST, 2141 NE 13TH AVENUE, MERIDIAN, ID. Longhurst: I would just like to pose a question to the two gentlemen who feel very strongly that you know against the business I can appreciate a little bit of their point of view in some respects, but would you rather have someone living at that residence who is on welfare, who had no desire to contribute to the betterment of society or improvement of himself or his family, then Robin. MacCoy: All right, commissioners, what is your desire? Borup: I have a little bit of question on—the original application was just a conditional use permit for storing equipment. The staff remarks got into home occupation, are we considering both here? Or the original application? Or are they integral with each other. Nelson: Isn't a home occupation and an accessory use? Stiles: The application they submitted was for storage. They didn't qualify for an accessory use for the home occupation, and since they really didn't fit in any of the uses in the zoning schedule of use control, we had to ask them to apply for a conditional use permit. Borup: Was that basically because no actual business was being conducted on the site, on the property like other home occupations would normally be? Is that part of why it is... Stiles: It didn't meet any of the criteria for a home occupation as far as they had employees other than family members, they generated significant traffic, they had processes used that caused noise and interference and their use of the property significantly altered the appearance at the residence and the business is MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 58 conducted in a manner which would cause the premises to differ from it's residential character. Those were the main reasons that we didn't feel a home occupation was appropriate for this use. Borup: Okay, thank you. Any comments from any of the commissioners? Nelson: I'll just state that although it doesn't seem to be a—that the owner is here in good faith trying to clean up the site, I'm inclined to just based on the volume of trips probably in the summer that for the three items it seems like a fairly simple thing to store off site. Unless I'm convinced otherwise, I wouldn't really support the conditional use. It's your business though and you might have a better perspective. Borup: It's my business? Nelson: No, I'm just saying in general. Borup: Oh, you mean the rest of the commission? Well, the one thing that was a little more unusual about this application I think than a lot that we've seen in the past is—who had six people testify, four of them were in favor. I don't know if that's ever happened in the two years I've been here. A year and a half or whatever. I know that it's never happened. Two-thirds the neighbors... Nelson: That would make it easier for me to vote no Borup: The picture that was taken last January was scary, it really was. I can certainly understand everyone's concern if that was representative of the property. RACHAEL WALSH, 705 E WILLOWBROOK, MERIDIAN, ID. Walsh: This is a family, I don't know about your guys income level, but I know about my income level. It's hard to raise a family on—this is it, the family business is what they do. Joni has three little kids that I know of that are babies, two three year old twins, and an eight month old baby. It's hard to make a living now a days. I have four kids myself. That's the bottom line, this is the family business this is how they make their living. Borup: Commissioner Chairman, I have a question for staff. You had eluded to past complaints and even some litigation. (Inaudible) are open in the future aren't they? If this property got back into the condition that it was previously? Same avenues are still open? Stiles: They are, unfortunately it has taken two years to getting around to getting something done. I guess my main concern is I wouldn't want this operating next MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 59 to me. Can you—if you can imagine 250 times a year they are hauling this stuff in and out. I don't know anybody who would really want to live next door to that. Borup: We've had four people here tonight that said otherwise. R. Walker: We might take one item out or two items out, we very seldom and matter of fact I don't know that we've ever taken every item out on a particular party or a particular show. So I really don't see the relevance—I find it interesting that staff would be making comments that... Borup: I think I could maybe understand staffs, if the pictures are representative from the past condition, but as your business grows and expands, are you trying to grow your business? Would you see some time down the road when you got a little bigger you would be looking at an off site storage? R. Walker: Certainly, if we do anything else that would require outside storage we would absolutely, we are going to keep half the garage for the business, but if we had to increase the size of that or if we had to store something else outside, yes, we would move it off the premises. Borup: Thank you. I have nothing else. De Weerd: I guess I have another question for staff, I know we are used to home businesses that are occupied out of the home itself, not the property per say. Do we have any other businesses doing anything similar to this out of their homes? Nelson: That have officially told us? Stiles: Not that I'm aware of. R. Walker: Astro Jump of Idaho does work out of their home in the same exact manner, but apparently their neighbors are a little more easy going. They haul jumps in and out of the house, every weekend, much more than we do. De Weerd: Yeah, I've heard about them. Borup: Are they in Meridian? De Weerd: They are in my subdivision. Nelson: I might make a comment also, I would agree that it's a family run business, but also they choose to buy their home in the R-4 zone subdivision, they could've easily bought a home in other parts of the county. De Weerd: This is R-8. MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 60 Nelson: That would require this conditional use. It's not that we are doing anything out of the ordinary. I think if they really want to run a business out of their home, and want to consolidate and not have to pay for outside storage, there is other neighborhoods that are zoned more appropriately. De Weerd: But are they really creating more traffic than a home daycare does? Nelson: No. Borup: That's true, a home daycare with six children is going to be six trips a day. Nelson: It looks like their household wouldn't get approved for a home daycare. Borup: They are full. (Inaudible) Borup: Mr. Chairman, I would move that we close the public hearing. Nelson: Second. MacCoy: All in favor? MOTION CARRIED: All ayes. MacCoy: I need a motion then. Borup: Mr. Chairman, I move that we approve this conditional use permit for storage of equipment at 821 E. Willowbrook. MacCoy: All right, do I hear a second? Borup: And probably the appropriate condition would be that the property stays in the same state that it is presently with all the equipment being stored in the backyard behind the fences facility. MacCoy: That's your condition that you are putting on. De Weerd: And that no additional equipment would be parked back there? Borup: You want to add that as a condition? De Weerd: You might get a second if you do. MERIDIAN PLANNING AND ZONING FEBRUARY 9, 1999 PAGE 61 Borup: Equipment of any size, like they couldn't? De Weerd: Well, he mentioned that right now as... Borup: Any other towing size equipment, any other equipment that you would have to tow. I would agree with that. De Weerd: I'm just going on his testimony that anything he would add to his yard or any more use beyond half a garage he would look at other places. I would say as is. Borup: Okay, I would like to add that to my motion. De Weerd: Second. MacCoy: I've got a motion and a second. All in favor? MOTION CARRIED: Borup-aye, De Weerd-aye, Nelson -nay. MacCoy: The next move that you are going to have, before the City Council. What we have just said here with all the documentation and the fact that you heard the vote, that vote also goes forward for their edification and they will make their decision after—at that time. You have passed in one sense part of your steps right now through planning and zoning with recommendation. If I were you, it's a public hearing. So bring your friends. ITEM NO. 6: REQUEST FOR ANNEXATION OF .53 ACRES AND REZONE OF 55.79 ACRES TO I -L BY WILLIAM A. HON -- NORTH OF 1-84, SOUTH OF STATE OF IDAHO LAW ENFORCEMENT FACILITY, WEST OF LOCUST GROVE RD: MacCoy: Staff? Stiles: Chairman MacCoy, commissioners, this is a request for rezone of 55.79 acres from C -G to I -L and an additional annexation request in zoning to I -L of .53 acre. The request was precipitated by the desire of Jabil Circuits to come to Meridian. We've been working with them for several months. We are quite happy that they've selected Meridian as their site. We had the option of trying to either do a conditional use permit for the project or to rezone the property so it was an outright permitted use and decided that the best route to go would be to rezone the property. They have met with staff several times regarding their site plan. Work out a lot of the issues, they have been working extensively with Ada County Highway District in regard to the transportation issues. You have our comments dates February 5, 1999. There are a couple of ditches on the property BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) Case No. CUP -99-001 REQUEST FOR CONDITIONAL ) USE PERMIT FOR A STORAGE ) RECOMMENDATION TO CITY OF ENTERTAINMENT ) COUNCIL EQUIPMENT by ROBIN ) WALKER dba JUKE BOX ) PARTY EXPRESS ) RECEIVED MAR 1 1 1999 Cite of Meridian INTRODUCTION City Clerk Office 1. The property is located at 821 E. Willowbrook, Meridian, Idaho. 2. The owner of record of the subject property is Robin T. Walker of 821 E. Willowbrook, Meridian, Idaho. 3. Applicant is the owner of record of the subject property. 4. The subject property is currently zoned Medium Density Residential (R- 8). The zoning district of Medium Density Residential is defined within the City of Meridian Zoning and Development Ordinance, Section 11-2-408(4). S. The proposed application requests a conditional use permit to maintain a one room office in the subject residence; utilize one-half of the residential garage for business storage; and store two (2) business apparatus trailers, specifically one (1) one -ton truck and one (1) small business van, to the rear of the subject residence. The R-8 zoning designation within the City of Meridian Zoning and Development RECOMMENDATION TO CITY COUNCIL - 1 CONDITIONAL USE PERMIT — ROBIN WALKER - TEMPORARY STORAGE Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-2-409). 6. 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: Evaluation of the Planning and Zoning Assistant Planner and the City Enforcement Officer Comments as follows: 1.1 The City of Meridian Zoning and Development Ordinance, Section 11- 2-410 (2.c.), allows for Home Occupations to be operated in the R-8 District if they meet the following criterion: (a) No persons other than members of the family residing on the premises shall be engaged in such occupation; (b) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation; (c) No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; RECOMMENDATION TO CITY COUNCIL - 2 CONDITIONAL USE PERMIT — ROBIN WALKER - TEMPORARY STORAGE (d) No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard; (e) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence; and (f) In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. However, after inspection of the subject residence by the City of Meridian's Code Enforcement Officer in June 1998, it was determined that the Applicant did not meet items # 1, 4, 5 or 6 of the required conditions for an Accessory Use Permit as stated above. Therefore, an Accessory Use Permit application could not be submitted for this project. 1.2 Upon further review by the P&Z Department staff, it was determined that the proposed business operation could be classified as an Outdoor Storage Facility. Per Section 11-2-409.B., Zoning Schedule of Use Control, of the Zoning & Development Ordinance, this use requires a Conditional Use Permit within the R-8 District. 1.3 A Zoning Certificate is required to be obtained prior to the operation of any Outdoor Storage Facility before operation. 1.4 Section 1 1-2-418.C. (General Standards Applicable to All Conditional Uses) requires the Commission and Council to find adequate evidence that CUPs can be issued. The following standards must be met in order to approve CUP applications: RECOMMENDATION TO CITY COUNCIL - 3 CONDITIONAL USE PERMIT — ROBIN WALKER - TEMPORARY STORAGE (a) Will, in fact, constitute a conditional use as determined by City policy; (b) Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; (c) Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; (d) Will not be hazardous or disturbing to existing or future neighboring uses; (e) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; (f) Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; (g) Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; (h) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and (i) Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Based upon the Applicant's business operation to date and based upon inspection reports submitted by the City's Code Enforcement Officer, items RECOMMENDATION TO CITY COUNCIL - 4 CONDITIONAL USE PERMIT — ROBIN WALI(ER - TEMPORARY STORAGE #3 and #4 above have not been met to date in the conduct of the enterprise. 1.5 Off-street parking shall be provided in accordance with Section 11-2- 414 of the City of Meridian Zoning and Development Ordinance to provide adequate parking spaces for all vehicles used in the conduct of the business. 1.6 Applicant shall provide for a fence of appropriate height/construction to fully enclose the equipment and vehicles used in the business. 1.7 If the Conditional Use Permit is approved, Applicant shall schedule an appointment with the Meridian Fire Department for inspection prior to operating. 1.8 No signage has been proposed, and none is approved with this application. 1.9 Violation of any of the above conditions shall be cause to revoke a zoning certificate for a Conditional Use Permit if approved. The Conditional Use Permit shall be subject to review upon notice to the applicant. The Meridian Planning and Zoning Commission further recommends approval of the Conditional Use Permit subject to the following three conditions: 1.1 The Applicant maintain the condition of the subject property and avoid any degradation. 1.2 Applicant shall store the two business apparatus trailers in the backyard of the residence behind the fenced enclosure. 1.3 The conditional storage is limited to the two business apparatus trailers, namely one one -ton truck and one small business van and storage of any additional tow, entertainment equipment is specifically prohibited. Adopt the Ada County Highway District Recommendation as follows: RECOMMENDATION TO CITY COUNCIL - 5 CONDITIONAL USE PERMIT — ROBIN WALI(ER - TEMPORARY STORAGE 1.4 Applicant shall provide all future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services Procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. ey/Z:\Work\M\N4eridian 15360M\Walker CUP\CUP.Rec RECOMMENDATION TO CITY COUNCIL - 6 CONDITIONAL USE PERMIT — ROBIN WALKER - TEMPORARY STORAGE Memo TO.- From: o: From: Re: Fax #: k) Date: 311, 199 Please find enclosed a copy of the Recommendation to the City Council of the Planning and Zoning Commission on the above referenced application. Please note this matter will be heard before the City Council on the 1(V day of C , 1999. The City Council request that you be prepared at the hearing to specifically address the Recommendations of the Planning and Zoning Commission. If you disagree with those recommendations, please state which ones and the reasons. If you propose any additional recommendations, conditions, etc., please prepare your recommendations in writing so you may submit the same to the City Council at the hearing. The Council appreciates your attention to this request. It will assure that the Council has the benefit of understanding your position in this matter and it will help limit the need for testimony. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN 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 & Council LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 February 5, 1999 REcETV�,D From: Brad Hawkins -Clark, Assistant Planner�� FEB - 5 1999 Joe Belmont, Code Enforcement Officer CITY OF MERIDIAN Re: REQUEST FOR CONDITIONAL USE PERMIT FOR A HOME OCCUPATION at 821 E. Willowbrook (MERIDIAN PLACE) by Robin Walker We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: The City of Meridian Zoning and Development Ordinance, Section 11-2-410 (2.c.), allows for Home Occupations to be operated in the R-8 District if they meet the following criterion: (1) No persons other than members of the family residing on the premises shall be engaged in such occupation; (2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation; (3) No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; (4) No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard; (5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence; and (6) In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. However, after inspection of the subject residence by the City of Meridian's Code Enforcement Officer in June 1998, it was determined that the applicant did not meet items #1, 4, 5 or 6 of the required conditions for an Accessory Use Permit as stated above. Therefore, an Accessory Use Permit application could not be submitted for this project. 2. Upon further review by the P&Z Department staff, it was determined that the proposed business operation could be classified as an Outdoor Storage Facility. Per Section 11-2- 409.B., Zoning Schedule of Use Control, of the Zoning & Development Ordinance, this use requires a Conditional Use Permit within the R-8 District. 3. A Zoning Certificate is required to be obtained prior to the operation of any Outdoor Storage Facility before operation. 4. Section 11-2-418.C. (General Standards Applicable to All Conditional Uses) requires the Commission and Council to find adequate evidence that CUPS can be issued. The following standards must be met in order to approve CUP applications: 1. Will, in fact, constitute a conditional use as determined by City policy; 2. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; 3. 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; 4. Will not be hazardous or disturbing to existing or future neighboring uses; 5. 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; 6. 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; 7. 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; 8. 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 9. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Based upon the applicant's business operation to date and based upon inspection reports submitted by the City's Code Enforcement Officer, items #3 and #4 above have not been met to date in the conduct of the enterprise. 5. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance to provide adequate parking spaces for all vehicles used in the conduct of the business. 6. Applicant shall provide for a fence of appropriate height/construction to fully enclose the equipment and vehicles used in the business. 7. If the conditional use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. 8. No signage has been proposed, and none is approved with this application. 9. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a Conditional Use Permit if approved. The Conditional Use Permit shall be subject to review upon notice to the applicant. RobinWalker.CUP HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (_2 08) 381-1264 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83632 T� (208) 887-2211 RON ANDERSON Phone (208) 888-443 3 •Fax (208) 887- cr� rNANNING AND ZONING KEITH BIRD �L./ DEPARTMENT JAN 0 8 1999 (208) 384-5533 City of Meridian City Clerk Of;ic� 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: February 2, 1999 TRANSMITTAL DATE: January 6, 1999 HEARING DATE:Februa�9, 19991999 FILE NUMBER: CUP -99-001 REQUEST: CONDITIONAL USE PERMIT FOR STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS IN BACKYARD BY: ROBIN WALKER LOCATION OF PROPERTY OR PROJECT: 821 EAST WILLOWBROOK _ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES 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 ( N TION) YOUTACONCISE REMARK,&; '4 0 AAA-� r 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 (308)884-4264 PUBLIC WORKS BUILDING DEPARTMENT ('_08)887-'_211 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: February 2, 1999 TRANSMITTAL DATE: January 6, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: CUP -99-001 REQUEST: CONDITIONAL USE PERMIT FOR STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS IN BACKYARD BY: ROBIN WALKER LOCATION OF PROPERTY OR PROJECT: 821 EAST WILLOWBROOK TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P/Z ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) _KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) _GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) _SEWER DEPARTMENT IDAHO TRANSPORTATION DEPARTMENT _BUILDING DEPARTMENT ADA COUNTY (ANNEXATION) FIRE DEPARTMENT — / l _ 9 _POLICE DEPARTMENT YOUR CONCISE REMARKS: / ! _CITY ATTORNEY _CITY ENGINEER I amu, .trs * /170 -e- s f�i; s _CITY PLANNER _CITY FILES A D /3 5 7 c) Afro. ,Q 7 747 j�EcE�,D CITY OF ATI?IDIAN �-_ 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)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: February 2, 1999 TRANSMITTAL DATE: January 6, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: CUP -99-001 REQUEST: CONDITIONAL USE PERMIT FOR STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS IN BACKYARD BY: ROBIN WALKER LOCATION OF PROPERTY OR PROJECT: 821 EAST WILLOWBROOK _ TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C 2XWATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER _CITY FILES r-71%. RECFexV x JAN 0 7 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 (ANNEXATION) YOUR CONCISE REMARKS: S REcElvED CITY OF MERIDIAN Ada Coun1,qJ4iqhwaq,2)ii1rid Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus@achd.ada.id City of Meridian 33 East Idaho Meridian, ID 83642 Re: MCUP99-0001 821 East Willowbrook January 27, 1999 F)GErvED JAN 2 9 1999 City of Meridian City Clerk Office The Ada County Highway District (ACRD) staff has received and reviewed the application and site plan for the item referenced above. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission review. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. If you have any questions please feel free 1 Sincerely, Steve Arnold Development Analyst cc: Project file C00 CENTRAL DISTRICT HEALTH DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Conditional Use # SToYe? t a { 'or7 ek? r c �p e" Preliminary / Final / Short Plat Q I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. Return to: ❑ Boise ❑ Eagle ❑ Garden City ,© Meridian ❑ Kuna ❑ ACz RECF-EVED JAN 2 0 1999 ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comme?1J A*W1DL'v ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. 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 M Date: l ./_/`/ / !P � Reviewed By: �4Yh OND 10/91 rcb, rev. 7197 Review Sheet 13 January 1999 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 FEcUTVED JA N 15 1999 Cita- of Meridian City Clerk Offico ,Q n v 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Conditional Use Permit for Storage and Entertainment Equipment - Robin Walker Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH:dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 FI- - 7-,!, �' M< ASE E.-1_0 T H AVE fo; CAROL -5 r , L N. i,k,rN PL. , V FT —,,y —ST'H NI AME. YS IG I MEMORANDUM: FE B 0 8 1999 February 5, 1999 To: Planning & Zoning Commission/Mayor & Coun 11 tlla{ '�11tXD �u IN I G & ZONI � c� From: Brad Hawkins -Clark, Assistant Plannereek'\e` FEB - 5 1999 Joe Belmont, Code Enforcement Officer CITY OF iVIERIDIAN Re: REQUEST FOR CONDITIONAL USE PERMIT FOR A HOME OCCUPATION at 821 E. Willowbrook (MERIDIAN PLACE) by Robin Walker We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. The City of Meridian Zoning and Development Ordinance, Section 11-2-410 (2.c.), allows for Home Occupations to be operated in the R-8 District if they meet the following criterion: (1) No persons other than members of the family residing on the premises shall be engaged in such occupation; (2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation; (3) No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; (4) No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard; (5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence; and (6) In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Members CITY OF MERIDIAN 4-4264 PUBLICWORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING KEITH BIRD yew �.� �+ V DEPARTMENT (208) 884-5533 MEMORANDUM: FE B 0 8 1999 February 5, 1999 To: Planning & Zoning Commission/Mayor & Coun 11 tlla{ '�11tXD �u IN I G & ZONI � c� From: Brad Hawkins -Clark, Assistant Plannereek'\e` FEB - 5 1999 Joe Belmont, Code Enforcement Officer CITY OF iVIERIDIAN Re: REQUEST FOR CONDITIONAL USE PERMIT FOR A HOME OCCUPATION at 821 E. Willowbrook (MERIDIAN PLACE) by Robin Walker We have reviewed this submittal and offer the following comments as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. The City of Meridian Zoning and Development Ordinance, Section 11-2-410 (2.c.), allows for Home Occupations to be operated in the R-8 District if they meet the following criterion: (1) No persons other than members of the family residing on the premises shall be engaged in such occupation; (2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (25%) of floor area of the dwelling unit shall be used in the conduct of the home occupation; (3) No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; (4) No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard; (5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence; and (6) In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. However, after inspection of the subject residence by the City of Meridian's Code Enforcement Officer in June 1998, it was determined that the applicant did not meet items #1, 4, 5 or 6 of the required conditions for an Accessory Use Permit as stated above. Therefore, an Accessory Use Permit application could not be submitted for this project. 2. Upon further review by the P&Z Department staff, it was determined that the proposed business operation could be classified as an Outdoor Storage Facility. Per Section 11-2- 409.B., Zoning Schedule of Use Control, of the Zoning & Development Ordinance, this use requires a Conditional Use Permit within the R-8 District. A Zoning Certificate is required to be obtained prior to the operation of any Outdoor Storage Facility before operation. 4. Section 11-2-418.C. (General Standards Applicable to All Conditional Uses) requires the Commission and Council to find adequate evidence that CUPs can be issued. The following standards must be met in order to approve CUP applications: 1. Will, in fact, constitute a conditional use as determined by City policy; 2. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; 3. 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; 4. Will not be hazardous or disturbing to existing or future neighboring uses; 5. 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; 6. 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; 7. 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; 8. 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 9. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Based upon the applicant's business operation to date and based upon inspection reports submitted by the City's Code Enforcement Officer, items #3 and #4 above have not been met to date in the conduct of the enterprise. 5. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance to provide adequate parking spaces for all vehicles used in the conduct of the business. 6. Applicant shall provide for a fence of appropriate height/construction to fully enclose the equipment and vehicles used in the business. 7. If the conditional use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection prior to operating. 8. No signage has been proposed, and none is approved with this application. 9. Violation of any of the above conditions shall be cause to revoke a zoning certificate for a Conditional Use Permit if approved. The Conditional Use Permit shall be subject to review upon notice to the applicant. RobinWalker.CUP MERIDIAN PLANNING AND ZONING MEETING: FEBRUARY 9, 1999 APPLICANT: ROBIN WALKER D/B/A JUKEBOX PARTY EXPRESS ITEM NUMBER: 5 REQUEST: CONDITIONAL USE PERMIT FOR STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS IN BACKYARD AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: CITY SEWER DEPT: CITY WATER DEPT: REVIEWED MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: REVIEWED NAMPA MERIDIAN IRRIGATION: REVIEWED SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY Mayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live (208) 381-1261 Council Members CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 T (208) 887-2211 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-fl3EC�IVEI r}ANNING AND ZONING LJ KEITH BIRD DEPARTMENT JAN 0 8 1999 (208) 884-5533 City of Meridian Gita% Clerk OUNCa 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: February 2, 1999 TRANSMITTAL DATE: January 6, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: CUP -99-001 REQUEST: CONDITIONAL USE PERMIT FOR STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS IN BACKYARD BY: ROBIN WALKER LOCATION OF PROPERTY OR PROJECT: 821 EAST WILLOWBROOK TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT _ POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER _CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (SIN TION) ER V-- LEGAL DEPARTMENT (208) 884-426.1 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2_211 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: February 2, 1999 TRANSMITTAL DATE: January 6, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: CUP -99-001 REQUEST: CONDITIONAL USE PERMIT FOR STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS IN BACKYARD BY: ROBIN WALKER LOCATION OF PROPERTY OR PROJECT: 821 EAST WILLOWBROOK TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT AFIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF R EC LAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: A D Q t 0 1.o,.►t9 Afro. S HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208) 884-426.1 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2_211 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: February 2, 1999 TRANSMITTAL DATE: January 6, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: CUP -99-001 REQUEST: CONDITIONAL USE PERMIT FOR STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS IN BACKYARD BY: ROBIN WALKER LOCATION OF PROPERTY OR PROJECT: 821 EAST WILLOWBROOK TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT AFIRE DEPARTMENT _POLICE DEPARTMENT _CITY ATTORNEY _CITY ENGINEER _CITY PLANNER CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF R EC LAMATION (PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: A D Q t 0 1.o,.►t9 Afro. S R.�GEI�r�,� CITY OF 1ME1?IDIA1V �� 11— J-,2 1'J R.�GEI�r�,� CITY OF 1ME1?IDIA1V �� Mayor ROBERT D. CORRIE o=it M m n 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)834-4264 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: February 2, 1999 TRANSMITTAL DATE: January 6, 1999 HEARING DATE: February 9, 1999 FILE NUMBER: CUP -99-001 REQUEST: CONDITIONAL USE PERMIT FOR STORAGE OF ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS IN BACKYARD BY: ROBIN WALKER LOCATION OF PROPERTY OR PROJECT: 821 EAST WILLOWBROOK _ TAMMY DE WEERD P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z BYRON SMITH, P/Z _KEITH BORUP, P/Z _ROBERT CORRIE, MAYOR RON ANDERSON, C/C _CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C 2ZWATER DEPARTMENT _SEWER DEPARTMENT _BUILDING DEPARTMENT _FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER _CITY FILES JANOr 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) YOUR CONCISE REMARKS:/O dlixe-ew`/25 REcElvED CITY OF MERIDIAN Ada Cottntv.._Rivhwau,2)ijtrid Sherry R. Huber, President 318 East 37th Street Judy Peavey -Derr, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner e-mail: tellus achd.ada.id January 27, 1999 City of Meridian R-JEcEzv' D 33 East Idaho Meridian, ID 83642 JAN 2 9 1999 City of Meridian City Clerk Office Re: MCUP99-0001 821 East Willowbrook The Ada County Highway District (ACHD) staff has received and reviewed the application and site plan for the item referenced above. This item will not be heard by the ACHD Commission unless the site plan is changed in such a manner as to require Commission review. All future design plans and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived in writing by the District. Contact Ms. Joyce Newton for payment of possible road impact fees prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. If you have any questions please feel free i --- "" Sincerely, Steve Arnold Development Analyst cc: Project file CIF ENTRAL DISTRICT HEALTH DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Conditional Use # _ .STO y'dr y .c fH ;- ,e, T,; rh /r7 eki r c—Y e" , Preliminary / Final / Short Plat �vL, it a/.CJS rz Return to: ❑ Boise ❑ Eagle ❑ Garden City ,© Meridian ❑ Kuna ❑ ACz [DHD 10/91 rch, rev. 1/91 Review Sheet I. We have No Objections to this Proposal. Pt.FCETVE]) ❑ 2. We recommend Denial of this Proposal.(('!! JAN 2 0 iggs F-]3. Specific knowledge as to the exact type of use must be provided before we can comme JJ1X S**R D1AiN ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store ❑ 14. Date: l / Reviewed By: [DHD 10/91 rch, rev. 1/91 Review Sheet 13 January 1999 Will Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 jFcrTVED .JAN 15 1999 City of Nferidian City Clerk Office ,Q 47 Vaerw 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 RE: Conditional Use Permit for Storage and Entertainment Equipment - Robin Walker Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln cc: File - Shop File - Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000