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HomeMy WebLinkAboutPatel, Kanti AZ~ Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 10 1998 TRANSMITTAL DATE: MAY 20 1998 HEARING DATE: JUNE 17, 1998 s ecial meetin REQUEST: ANNEXATION & ZONING OF '1.66 ACRES IN R-T ZONE TO C-G BY: KANTI PATEL LOCATION OF PROPERTY OR PROJECT: BETWEEN I-84 EAGLE RD. GENTRY WAY AND ALLEN STREET JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER `~' CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: I t MERIDIAN PLANNING 8, ZONING COMMISSION MEETING: JULY 14, 1998 APPLICANT: KANTI PATEL AGENDA ITEM NUMBER: 5 REQUEST: CONDITIONAL USE PERMIT FOR 3 STORY MOTEL - I-84 EAGLE RD. GENTRY WAY 8~ ALLEN AGENCY CITY CLERK: COMMENTS SEE ATTACHED MINUTES FROM 6/17/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED FINDINGS OF FACT CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: U S WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ^ .> Planning and Zoning Commission Special Meeting June 17, 1998 Page 64 did say that they were going to have a meeting with you and I called a month later and they had not done it. MacCoy: They're slow at times, many times but your Commissioner is correct though, the squeaky wheel gets the grease and if you help we'll all be able to solve this problem. Buckert: Very good, any more? de Weerd: Thanks. MacCoy: Any more Commissioner questions for anybody? Anybody out there want to make a comment? If not I'll close the. public hearing. Commissioners, what do you want to do? Smith: Mr. Chairman, I'd like to make a motion that we have the Assistant City Attorney prepare Facts, Findings and Conclusions of Law. Nelson: Second. Prior: That is the Assistant City Attorney. Smith: Thanks for that clarification. Prior: I thought it appropriate. MacCoy: All in favor of the motion? MOTION CARRIED: All aye. ITEM #8: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FORA 3 STORY MOTEL BY KANTI PATEL - I-84, EAGLE ROAD, GENTRY WAY & ALLEN STREET: MacCoy: Moving on to item #8, it's a conditional use permit for the hotel and we ask the applicant to come forward to the podium please. Prior: Sir, just state your name, address and spell your last name for the record if you would. Towle: My name is Rocky Towle, my address 2210 Broadway. ROCKY TOWLE WAS SWORN BY THE CITY ATTORNEY. Planning and Zoning Commission Special Meeting June 17, 1998 Page 65 Prior: Just for clarification, if you'd like your prior testimony to be incorporated and that's all you'd like to add that can be done just by making a request to that effect. Towle: I request that. Prior: Just specifically say. you'd like it incorporated. Towle: I would like to incorporate. MacCoy: Thank you very much. Prior: And that's it? Towle: Thanks. MacCoy: It's now open public hearing so is anybody here that would care to make any statements and if you want to do the same as he just did, you can come forward and do that. Freckleton: Mr. Chairman, I would like to just point out one thing, on the legal description that was submitted for the annexation, the surveyor had noted that there were some conflicts with monumentation on the ground versus his survey and indicated that he was going to be actually preparing a new legal description based on field survey and I would like to incorporate that new legal description in the annexation ordinance if it's available. Borup; I think that would be a real good idea, more than that. You're saying that that just needs to be included in the Findings as a condition on the annexation? Freckleton: Yeah, l would like to -well, it is under my comments, it's in item #1, so I was just bringing that to your attention. Borup: But you're hoping that that will be in the Findings of the conditions? Freckleton: Yes. MacCoy: It will be. Okay, is there anybody else here who wants to make a statement on number 8 which is the conditional use permit? If not, I'm going to close the public hearing and Commissioners? Smith: Mr. Chairman, I'd like to make a motion we direct the Assistant City Attorney to prepare Findings of Fact and Conclusions of Law on this item. Planning and Zoning Commission Special Meeting June 17, 1998 Page 66 MacCoy: Do I hear a second? Nelson: Second. MacCoy: Thank you. All in favor? All opposed? MOTION CARRIED: All aye ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND. ZONING OF 7.58 ACRES (R-T ZONE) BY WESTPARK COMPANY, INC. -NORTH OF VICTORY &'/4 MILE EAST OF LOCUST GROVE: MacCoy: Becky, you're going to do this? Shoot, you were a witness to the last one earlier today, this evening, I hope you'll shorten your speech (inaudible) long one like before. Bowcutt: I will. MacCoy: Thank you, I figured you would, you're a help. Prior. Becky, would you just go through the spiel here, name, address, spell the last name. Bowcutt: Becky Bowcutt, Briggs Engineers, 1800 W. Overland, Boise. BECKY BOWCUTT WAS SWORN BY THE CITY ATTORNEY Bowcutt: For the record I would like my testimony on the annexation to be applied to the preliminary plat application also so I'll just deal with all the questions and hopefully answer everything 'up front. MacCoy: Thank you very much. Bowcutt: This drawing here is Sherbrooke Hollows, it was approved by the Planning and Zoning Commission and the City Council approximately about eight or nine months ago, it consisted of approximately 140 single family residential lots and was zoned R-4. The density on this one was 2.87. The property that you are looking at this evening adjoins this project, the developer is the same as the Sherbrooke Hollows, that's why we referred to this as Sherbrooke Village. This parcel here on this plat that says not a part was purchased by Westpark Company, on the original plat we have provided this stub street here for future developmen~ of that parcel. After getting our approval here, the applicant came to us and said they had purchased this property here which is approximately 7:8 acres and fits right up against the Sherbrooke Hollows Subdivision. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the Applicant has initiated the annexation application. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development .time schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer. 10. That proper and adequate access to the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 KANTI PATEL ANNEXATION AND ZONING (C-G) available and will have to be maintained. 11. That since the Applicant's property is in the Mixed Land Use section of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies. 13. That a condition of annexation and zoning of the proerty is that the applicant shall enter into a development agreement with the City, which shall include but not be limited to all staff comments submitted with this application and all other government agencies submitting comments. The development agreement shall be entered into and recorded prior to the final plat approval and prior to the issuance of any building permits. 14. It is further concluded that any comments, recommendations and requirements of the City Engineer, the Planning and Zoning Administrator, The Planning and Zoning Commission, all other Meridian Departments submitting comments and all other government agencies submitting comments shall be complied with in order to obtain annexation and zoning of the property noted herein. Therefore, based on the Application, these Findings of Fact and Conclusions of Law, and the Ordinances of the City of Meridian, it is ultimately concluded that the Applicant's property should be annexed and zoned C-G and all representations shall be met; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11 KANTI PATEL ANNEXATION AND ZONING (C-G) conditions are met. 15. With compliance of the conditions contained herein, the annexation and zoning would be in the best interest of the City of Meridian. 16. That if the conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER Keith Borup COMMISSIONER Byron Smith COMMISSIONER Mark Nelson COMMISSIONER Tammy de Weerd VOTED__ J~-t~~ VOTED VOTED /.~ Sir.-'~ VOTED~_ CHAIRMAN Malcolm MacCoy (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL ANNEXATION AND ZONING (C-G) PAGE 12 ~~~ MERIDIAN FIRE DEPARTMENT REcEIvE~ PLAN CHECK REPORT FEO 0 1 1999 ` LI1Y ~_it ~~sA+~~lllAi~i ADDRESS: ~~~~ .S, .~~/P.~ ty~ ~ ~ ~?'e~3 ~s:, ~t_~ y~T~.~ " PROJECT DISCI2IPTION: FIRE FLOW:. '~ ~Sll FIRE FL W WITH SPRINKLER: o a BUILDING TYPE; /~~//,/,~. TYPE OCCUPANCY: ~ / FLOOR AREA:_~d, G Q OCCUPANT LOAD:_ ~d.~ *~~~*~~*~~~~~~*'~*****NOTICE BEFORE AN "OCCUPANCY CERTIFICATE" IS APPROVED BY THE MERIDIAN FIRE DEPT. THE FOLLOWING CONDITIONS SHALL BE MET; INSTALL ADDRESS NUMBERS ON EVERY BUILDING, SO AS TO BE CLEARLY VISIBLE FROM THE STREET. NUMBERS SHALL BE A MINIMUM OF 3.5" HIGH IN ACCCORDANCE WITH CITY ORDINANCE. INSTALL "FIRE EXTINGUISHER" IN ACCORDANCE WITH N.F.P.A. PAMPHLET #10. (NOTE: MUST BE WITHIN 75' REACH ON ALL LEVELS) ALL EXIT SIGNS AND EMERGENCY LIGHTING IS TO BE INSTALLED. /~4. KEY BOX RAPID ENTRY SYSTEM TO BE INSTALLED (UFC 94 902.40) DO FIRE HYDRANTS NEED TO BE INSTALLED OR ADDS ,YES NO NO PARKING BY FIRE gyDRANTS. IS A FII2E SPRINKLER SYSTEM REQUIRE ,,~~ YES NO SYSTEM TO MEET NFPA 13,AND BE REVIET~`~~ • MARSHAL'S OFFICE. ALL FIItE LINES TO BE INSTALLED B FIltE SPRINKLER INSTALLER AS PER STATE LAW. IS A FIRE ALARM SYSTEM REQUIRED? YES NO v ALL PLANS AND WIRING SYSTEM TO B WED BY THE FIRE DEPT. PER NFPA 72.. COMMENTS: /'~ INSPECTOR~~j~ DATE a / 9 DECISION AND RECOMi~NDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated. above in the Conclusions for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant be specifically required to meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and that if the conditions are not met that the property be de-annexed. MOTION: APPROVSD:~"' DISAPPROVED: PATEL RAN'PZ C-G PF CL 7-7-98 -- Fiz~al ~/f~~$ FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 13 KANTI PATEL ANN$XATION AND ZONING (C-G) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 4th day of August, 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) {INITIAL} APPROVED VOTED VOTED VOTED VOTED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW -ANNEXATION & ZONING FOR ){ANTI PATEL ** TOTAL PAGE. 14 ** Project: Contact: ~~ ~~~ Inspecti Date: ~/~/ ©~ Inspected by: +2MCi~ Site Review Elements Comments p.IC, ' .~ 1. Landsca in a) # of Trees (l , 3" cal. per 1,500 s.f. ofas halt ~.- ~'(cv~- b) Tree Locations (per site lan) c) Shrubs & Planters (# and location i/~ ~ ~~ d) Plant Species (as submitted e) Sod & Gravel Areas (dimensions and sitin ~ Berms (dimensions and sitin g) Planting Beds & Islands dimensions, bark, to soil ~ (~~c~L~ villa ~zl.,.. h Si htTrian le max. 3' i) Open spaces (if applic.) /- 2. Signage (as submitted) ~°~ ti- 3. Parkin a) Standard Stalls (9 x 19) b Drive aisles (25', t c) Handicap Stalls (van accessible, access aisles, HC si ns ~ ~/~. ~; v~ ~, ~~,, ~.~, ~~ d) Curbing & Striping 4. Trash Areas a Location/Accessibilit '~) Screenin Tnderground Irrigation lead locations l landscaped areas served nays/Paths Jl n- ~nlete (no sign-ofd ~,./ Temporary Final ,_ {~ ~.~~:, ~,~ ~ }h,r L"C ~.~~ f`'~-~7`.' "Le~sE U7L. ~-. ~i C~~...- G't.t_~ /~.UC:~'. ~ C"_et: L-:~-"r?'__ SITE INSPECTION CHECKLIST City of Meridian Planning & Zoning No C:\P&Zadmin\SitelnspectionChecklist MERIDIAN PLANNING 8, ZONING COMMISSION MEETING: JULY 14, 1998 APPLICANT: KANTI PATEL AGENDA ITEM NUMBER: 4 REQUEST: ANNEXATION 8~ ZONING OF 1.66 ACRES - I-84, EAGLE RD., GENTRY WAY 8~ ALLEN AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ' IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES FROM 6/17/98 SEE ATTACHED FINDINGS OF FACT BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Planning and Zoning Commission Special Meeting June 17, 1998 Page 51 Jerome: No. MacCoy: Okay, so if you do you can come in and ask them because they're not unapproachable, don't feel that you have to just guess at some of this stuff, they try to be pretty exact in what they ask for and they expect to have questions from you people so don't feel bad about it, alright you can sit down. What's the decision of the Commissioners? Prior: Mr. Chairman, just for a point of order I think it's necessary that we close the public hearing. MacCoy: I will, yeah, okay, I'll do that first, I'll close the public hearing which we had a moment ago and now we come up to the Commissioner's side, thank you very much Mr. Counselor. Borup: Mr. Chairman, I move we instruct our Assistant City Attorney to prepare Findings of Fact and Conclusions of Law on this application. Smith: Second. MacCoy: All in favor? No disapproval, that passes. MOTION CARRIED: All aye. MacCoy: Is anybody here yet from the Wild West Bakery? No, okay now we'll go to item #7 on your agenda. ITEM #7: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.66 ACRES (C-G ZONE) BY ICANTI PATEL - I-84, EAGLE ROAD, GENTRY WAY & ALLEN STREET: MacCoy: Is the applicant here for that material at this time? Towle: Yes we are. MacCoy: Can you come forward please. Prior: Sir, would you state your name and address for me and spell your last name for the record. Towle: My name is Rocky Towle, my address is 2210 Broadway, Boise, Idaho. Planning and Zoning Commission Special Meeting June 17, 1998 Page 52 ROCKY TOWLE WAS SWORN BY THE CITY ATTORNEY. Prior: Sir, you're welcome to comment if you wish. Towle: Okay. We're looking at constructing a motel that is bordered by I-84 on-ramp, Eagle Road, Allen Road and Gentry Road off of Eagle Road by the freeway. We have gone through the process of doing the preliminary layout and design on it and have worked with Planning and Zoning to try to achieve what they've wanted as far as setbacks and landscaping requirements. A couple of items that have happened on the site plan that you have there is that our (inaudible) columns extend into the thirty-five foot setback as far as the landscaping area goes but if I can show you on one of the plans we've provided additional landscaping for any encroachment that we've done on that thirty-five foot landscaping area on it. We have had no response from any agencies as far as changes that needed to be made on the plans we're looking at bringing in both sewer and water and the utilities that we need to into the site. We have been working with ACHD to try to do the development that they have wanted and I can tell you where they're at, I don't know if you've gotten a report from them or not but they want a 41-foot back-up curb down Allen Street, as far as what they're looking at doing we are to develop to the west side of us along that property to do curbs, gutters, sidewalks and a 24-foot paving strip to be able to meet what they're looking at on Allen Street. Also, on Gentry Way, they want the same thing, they want a 41-foot back-up curb and a 58-foot right-of--way on it which means that we would have to dedicate four feet to them on Gentry Way and that's a dead end street that's really going nowhere. We have approached tech review on having that vacated of which the previous owner and applicant had gone through both the City here and ACRD to do when it got to ACHD the ACRD said that that previous owner was to go out and get an appraisal on that ground and that they would sell that ground to the applicant at that time, nobody had said that before and I think the applicant went into shock knowing that he had to buy it rather than it was just going to be vacated and split with the two owners that are adjacent to that ground, since that time my client has bought the ground that's south of Gentry Way, we have tried to contact the owner that has the ground to the north of Gentry Way and to see if we could go back in to the possibility of making an offer to the Highway District on it. Tech staff at ACHD has basically backed our position that they would like to get rid of that so that they don't have to maintain that dead end road going in there however the right-of--way department says the only way that you're going to get that road is if you pay the full price for it so we're sort of in a catch 22, we've gone through to do our design based on doing the development to meet ACHD's specifications for that road if that's the last recourse that we have but if we can purchase that ground at a reasonable price then we're looking at that option. The one thing that we have done is that in working with ACHD, ACHD is wanting us to dedicate to them four feet more of ground on both Allen and Gentry Ways, if you'll look at the way that we have our site plan laid out we have met what we've talked to Shari about as far as setbacks go and in doing this we found out that if we had to dedicate four more feet that we have actually relocated the Planning and Zoning Commission Special Meeting June 17, 1998 Page 53 motel and I have a site plan here that shows a relocation on that site if I could approach you with that. MacCoy: Sure. Towle: I wouldn't mind if everyone could gather around to look at this because the only difference that there is between this is we moved this building to where we have a 24- foot setback here rather than the 20-foot that we had and we've got a 16-foot setback here where we had a twelve. The adjustment that this has made is that we've had to bring our sidewalk around and we've narrowed our driveway to stay within the scope of the 35-feet as far as the setback goes on it and other than that all of our parking and everything has remained the same for what we have and we've been able to have it to where we can go ahead and dedicate the four-feet here and the four-feet here to ACRD if that need arises and I could see where it would here, on this we're still negotiating to see what we can come up with on Gentry Way. Are there any ques#ions? Do you want me to leave this with you? Prior: Sir, go back up to the mike if you would, we can't hear you in the court. Towle: Are there any questions? Borup: Mr. Chairman, a couple. The first I guess is on parking, have you reviewed the staff reports? Towle: Yeah, where we said that there is actually two employees -where we've got 69 parking stalls and 67 rooms, when we talked to - we do a lot of motel design and when you look at motel design we've done everything from having one stall per one room up to 1.25 stalls per one room in the motel design that we've got into. If you take and - there's only one that I've had a study on is that when we've talked to Glenn .Black that has the Ameritel Motel down at the mall, he has come back and said that for every room that basically they have .77 parking that they've gone out to do counts on it so they don't even hit for every room rented having a car there, they say people come in, they're doubled up, now there's a difference in that motel in that it's close to the mall so that that can happen. What we've found out is that if you have maid service coming in or employees coming in that basically by the time the business people get up and are gone by 8:00 and by the time the maids get there at 8:00 we don't have any problem as far as parking even on a one to one ratio for the units that are there. I don't know if you've had or seen that there's even any problems here as far as the Best Western goes here or the addition that's coming in on the new motel there but I know that facility wise tha# I've never seen anything that's had a problem even when we've been down to a 1-1 ratio. Planning and Zoning Commission Special Meeting June 17, 1998 _ . Page 54 Borup: What would be the around the clock employee situation there, what are you looking at without the maids and the (inaudible) ? Towle: What's the maximum people that you'll have there, let's say at 9:00 in the morning? Isn't that probably the maximum? Well how many people would you have - Prior: Sir, what we're going to do is if that gentleman wants to say anything, I'd appreciate if we put him on the record, it makes it difficult for us to cover transcript of that. Towle: Kanti could answer that question, he's the owner and would know more as far as employees. Borup: Okay, we may want to ask him that later then. Towle: Okay. Borup: Well ,the other and I guess you've answered my question on Gentry Way which seems to be way up in the air right now and I'm having trouble following ACHD's logic on the whole thing. Towle: Us too. Borup: Yeah, they don't want it but they don't want to give it away Towle: Well, one department wants us to be able to buy at the department that has it, doesn't want to negotiate. Borup: But doing that would give you a lot more flexibility on your whole site layout and parking and everything and that's what you're trying - Towle: Correct. Borup: So I hear you are paving Allen Street back to Magic View? Towle: No, what we'll do is ACHD's requirements is that from Magic View down to where our property starts, down to Gentry Way, that we have to have a 24-foot asphalt driveway, then from there on down we've got to have the 24-foot plus curbs, gutters and sidewalk. Borup: Right, okay so they're not asking for curb and gutter before Gentry Planning and Zoning Commission Special Meeting June 17, 1998 Page 55 Towle: No, when that develops out then the owner of that or the developer on the ground that's north of us or south of the Texaco would be the one that would be doing the curbs, gutters and sidewalks. Borup: So of course then the ingress egress would be out to Magic View and on to Eagle. Towle: Correct. Borup: I don't have any other questions at this time de Weerd: Mr. Chairman, most of my questions have been answered with the exception of where are you going to have your trash area? Towle: Actually what I'll have to do is if it's not on the plan typically we enclose it, we make a contained area that will match the building as far as the materials go and we'll have it enclosed and we'll meet whatever we have to as far as accessibility to be able to get to it. de Weerd: And you wouldn't lose any parking spaces by doing that? Towle: Actually I'll have to look because I don't know, I hadn't thought of that. I think we can work it in on it, I don't know that that's a problem but I -let me look at the site and I can tell you. de Weerd: Okay. Towle: We could put it in here on the north side of the driveway here, we could possibly work it in over here on this area and enclose it, we've got the possibility so I don't think it would delete any parking. de Weerd: Thank you, I don't have any further questions. MacCoy: Mr. Smith? Smith: Mr. Chairman, I apologize, I did not get the elevations of the building in my packet, i guess it's because staff knows that I usually don't like to look at that stuff. MacCoy: Well don't feel bad, I didn't get the map or the elevations in mine. Smith: What are you referring -when you say architectural shingles, what do you have in mind? Planning and Zoning Commission Special Meeting June 17, 1998 Page 56 Towle: They're not the -they're the architectural grade asphalt shingles, they're not the 235's, we're going out so that they've got a little bit of differentiation in their depth. Smith: Okay and what are you referring to by acrylic exterior finish system, is that a drive-it? Towle: Yeah, drive-it system. Smith: So synthetic stucco. Towle: We'll either do that or do Stucco, one or the two so - Smith: Okay, and then I - is your dimension to the top of the roof is that thirty-seven foot six, it's pretty small, I can't make that out for sure. Towle: Yeah, thirty-seven foot six. Smith: Thirty-seven foot six, and then the gondola or whatever you want to call it on top, that's sticks up what another - I apologize, this is the first time I saw these - Towle: It's up there about nine feet, a little less than nine feet. Smith: Nine feet, so that would be 46.6, okay, and then as far as your siding of your building was -you're interpreting - I mean, I'd interpret the front yard as either being off Allen Street or Gentry Way. Towle: To me the front is actually facing the on-ramp - Smith: I guess what I'm getting to is the setback requirements, front yard, rear yard, and so forth, front yard setback I think was twenty or twenty-five feet and the rear yard is zero, I'm sorry, fifteen and zero. Towle: Okay, on that, on the twenty feet what we'd done is we had maintained the twenty feet off the front and when we'd done - Smith: When you say the front are you talking about the side that faces the on-ramp? Towle: Okay, then -but now I'm talking about Allen Street now if you - Smith: Allen, okay. Towle: Okay, on it what I've maintained on that and what we'd done is we'd kept it ten feet on - or more than ten feet on Gentry Way because we're trying to get Gentry Way vacated but we're also to the point that we had maintained twelve feet and then we'd Planning and Zoning Commission Special Meeting June 17, 1998 Page 57 tried to boost that to sixteen feet if ACRD takes an additional four feet from us. Now if I've got to move it a little more to be able to get fifteen feet because of a side street I can probably do it but I haven't shown it in the plan of that. Smith: And when you say you're trying to get Gentry Way abandoned, so are you looking at it just going ,away? Towle: No, what we're - Smith: Because I guess what I'm getting at is you're vehicular flow wouldn't work then. Towle: Well if we were able to either purchase Gentry Way or purchase half of Gentry Way then the motel would move back, we'd have more room on the front or else the motel would move back a little bit, we'd try to coordinate with the owner to the north, see if we could do a driveway that we could go ahead and share parking coming in. Now Idon't - I mean that's something that I can't say will happen or won't because we've tried to make contact with the owner to the north and there's been no way. When we talked to the Highway District about it basically Ray down at the right-of--way had said well we'll send a registered letter, if he doesn't respond then we can do whatever we want to it, we're not to the point that that's something that we can do as a neighbor to him, you now I mean as far as saying we'd like to purchase this or not, you know, and then the other thing that comes up on this is that we look at it and say if we build the road in there to ACHD's specifications, get them to where they acknowledge it, turn it over to them and then they maintain a road that goes in to dead ends that really nobody's going to use on it and the tech staff doesn't want it but right-of--way's saying well instead of paying us a dollar and a half a square foot you're going to pay us five bucks a square foot for that, my owner's saying I won't pay five bucks a foot so then we'll go ahead and put in the road and that's the one thing that is the unknown right at the moment on it. Smith: Maybe I was half asleep when -you said you were going to have two employees at any one time? Towle: No, that's what the report says. Kanti Patel will have to say how many employees he will have. Smith: Okay, because the ordinance calls for one space for every two employees and you have the rooms covered here - Towle: We've got the rooms covered but we don't have the employees but the thing that we get into as far as motel management, we've done a lot of motels for a lot of different clients and basically what they're saying is that for if you have one parking stall for every room that you have more than enough to cover your parking for the motel, that Planning and Zoning Commission Special Meeting June 17, 1998 Page 58 by the time you get your maids and all the people that come in to work, the people have gone and left in the morning and so what we've provided is we've provided for a night clerk in addition to the parking people there that want to come in for the dwelling and that we feel is sufficient to it as far as it goes. I'd rather have more landscaping and buffer than slide a couple of more stalls in there - Smith: Sure, so would I. Okay, I don't have any more questions. Oh, wait one more, do you have a color scheme proposed for the building? Towle: Actually, all I can tell you is we're looking at going a natural tone, tans on it and I'll have to get that from Holiday Inn Express on the colors, I've got a rendering here and the way it came out on the color it came out yellow and I'm scared to show it to you so - Smith: We've probably seen worse. Towle: Do you got your sunglasses on? Smith: No. That's yellow. Towle: The tan that's there should be close to the color it should be. MacCoy: Is it similar to the one we had down in Boise? Towle: Yes. MacCoy: The one down by the airport? Towle: Yeah, it would be similar to the one down at the airport in Boise. Smith: And I don't see any signage - oh wait, there is a monument sign there, so you're not going to be asking for a big freeway pole mounted sign? Towle: I have nothing to do with signs, the sign -whatever the owner wants to do we'll have to come in for signs, I - Smith: Okay, but right now all you've got on your site plan is the monument sign on the intersection of Allen Street and Gentry Way? Towle: Yes. Smith: Okay, I'm finished. MacCoy: Commissioner Nelson? Planning and Zoning Commission Special Meeting June 17, 1998 Page 59 Nelson: I have no comments. de Weerd: Mr. Chairman, I have one more question, well I guess two more, I'd like to know what your plans are as to lighting, that is in a residential area and staff did make a comment on that. Towle: Basically the lighting would - we will have an engineer that will engineer all of the lighting and all of our electrical. on the job as far as the motel goes and as far as the sight goes, what we've tried to do on all of our lighting is direct it so it maintains on the site and on our own premises and isn't directed off of the site or across into any of the neighbors. de Weerd: Okay, Mr. Freckleton, do you have any comments? Freckleton: Commissioner de Weerd, the only thing that I would say would be that the cut off lighting is something that we have been looking at and it sounds like that's the direction you're probably headed so what I would propose I guess is that we just take a look at that when the plans come through and scrutinize it. Borup: I had a couple more Mr. Chairman. MacCoy: Alright, go ahead. Borup: I'm assuming that on the - at least I didn't find any overall plat maps showing adjoining property, I assume we are contiguous to city limits on - Towle: Yes. Borup: Where is it contiguous, (inaudible) Towle: Actually the freeway and the on-ramp is and then it goes across over to St. Luke's. Borup: Okay, that's right, that's what we did to get St. Luke's in. You had talked about if you have to move in your revised plan, move over, did you say that reduced the driveway size or - Towle: Actually, if Gentry Way can be purchased - or is that what you're talking about? Borup: No, just the Fire Department's concern on 20-foot driveways if you're still planning on that and you'd still have driveway around the back side of the building even if you did purchase Gentry Way there would be - Planning and Zoning Commission Special Meeting June 17, 1998 Page 60 Towle: We have twenty-foot driveways so we can -yes -yes, we'll still double park so we'll end up with a 24 or 25-foot driveway and if it goes to ACHD and they end up with it we'll end up with a 24-foot driveway plus curbs, gutters and sidewalks. Borup: Now I just had one last comment. It would be interesting on the layout -your diagrams show two south elevations and two west elevations. Towle: It was a late night. The south elevations -- Borup: I mean it's obvious which is which I just wanted to (inaudible) MacCoy: You're a nice guy. The colored photo you have here, is that for us to keep, some people would like to have one for their folder. Towle: Actually what I would rather do is be able to get back to you the colors that will be on the building rather than that. MacCoy: Fine, okay, then if you do that be sure that we get a copy of that. Towle: That'd be fine and we'll work with staff or whoever you'd like to make sure that the colors are okay. MacCoy: Okay. Any other questions for him? None, alright you may be seated. This is a public hearing, is anybody here that has anything to say pro or con? Yes ma'am, come forward. Prior: Hi, would you state your name and address for the record, spell your last name for me as well. Buckert: Wanda Buckert, 971 Wells Circle, lot 20, Magic View Subdivision and I do use Allen Road. Prior: Ma'am, I just need to swear you in before you say anything. WANDA BUCKERT WAS SWORN BY THE CITY ATTORNEY. Buckert: It's the traffic and I do use that, if they are only going to widen did I understand right from Gentry Way to the curve on Allen Street, that lets in another at least 68 cars plus employees, plus garbage trucks and the traffic. As you know on Magic Vew we can't get out anyway on Eagle Road. I would like to ask can there be a light put up at Magic View and Eagle Road? MacCoy: We'll ask the applicant after you finish talking to come back up here and comment. Planning anc Zoning Commission Special Meeting June 17, 1998 Page 61 Buckert: Okay and I understand there is a road that had been approved at the light in front of the hospital to go across lot 1 and 2 and connect to Allen Street but if we do which I will change coming out on Allen and I will take Magic Vew and Wells Street but when you get to where the new road is going to be the cross traffic going to the motel, whatever development is coming in, I understand that there has been more property sold to doctors, how are we going to turn left even there when we get a new road if there's not a stop sign or a four way stop, a light or something but it's the traffic I'm concerned about and I know someone's going to get killed at that corner, I've seen many accidents and I just hope I'm not in one. Thank you. MacCoy: Okay, is there anybody else here who would like to have a statement? Nelson: I would like to comment for the benefit of the person who just spoke, the issue of a light at that Eagle Road has come up before and so I don't think that's ever going to happen but yeah I think it should be noted the intersection there of Allen Street and I guess whatever street's going to meet there -yeah, Magic View, yeah, that is a valid concern but yeah, I just thought I'd comment that Eagle Road's probably not going to have a light for you. Buckert: Then the people coming out of the hospital, you know they change their entrance to the light and when they're coming out they're still using the old street and they're making a left this way where all the traffic and we have to get out of Magic View, we got one way, then they're making I think an illegal left turn where we're trying to make a left turn to get to the middle and with all the traffic it is tough to get out there and I think would it be possible for the hospital to put up no left turn, they can go to the light and that would help a lot, alleviate. Thank you. MacCoy: I will comment to as to you the standpoint that one of the things that ACHD has commented, we have had the discussion as Commissioner Nelson has pointed on several occasions that the Highway Department, one of the things that they're dragging their feet on is the fact that when more businesses come in for development which is what's happening here, they will re-address the issue of the streets and signs and everything so we're king of in limbo at present for that so I just give that to you, it's not a dead issue but I don't know what the answer is yet. Buckert: Okay, I know development will happen, I'm not against it, I'm actually not against the hotel, it's the extra traffic but what are we to do in the meantime that live there? You know if we're not annexed or anything, we're just a few houses back in there that we can't get in and out because of traffic. MacCoy: Well we'll be addressing that subject directly and I'm glad to see we've got a business going to come in there and build a building that we can then have a real chip Planning and Zoning Commission Special Meeting June 17, 1998 Page 62 in our hands to go in and say look it's happening, you've been talking about this for some time now let's address the issues of all the people. Buckert: Good, thank you. Borup: Mrs. Buckert, did you say you were in lot 20? Buckert: Yes, lot 20. Borup: So that's the one down at the end of Wells? Buckert: Yes, with the circle. Borup: Okay, it wasn't showing on this plat so well then does - is there a road there that goes along parallel to the freeway, is that the one you use when you said you - Buckert: I use that one and it curves onto Allen. Borup: Is that a regular county road or - Buckert: Yes, I believe it's called Freeway Drive. Borup: Okay, it's not showing on this map, then again maybe for your information ACRD is proposing another access up at the light that's there on the north end of the subdivision but how soon it's going to happen we'll see but - if the project that's being proposed there happens it will -have of that street will go in quite soon to my unders#anding - MacCoy: That's what I understand too, I think this has been an asset to you - Borup: And they're talking about going back and tying into Magic mew so that anybody coming out of the subdivision can go up to the light and out rather than have to go out on Magic mew. Buckert: This is true and I understand it, it's like I mentioned is the cross section there and it will be running into the - Borup: Yeah and that's why they're trying to get a road to where the light is. Buckert: I understand sir but the one I'm talking about it will cross Magic View to Allen Street, we're still going to have to make a left turn to get onto it and with all the extra traffic coming in - Planning and Zor~i~g Commission Special Meeting June 17, 1998 Page 63 Borup: Oh, you're talking about a left turn onto the new street? Buckert: Yes. There will be an intersection there and we're still going to - Borup: Well yeah and whether there's a light there will depend on the traffic I'm sure. MacCoy: Thank you. Is there anybody else who would like to make any statements here? If not I'll ask the applicant to come forward if he can answer some of her questions. Towle: The only thing I can say on the traffic is ACRD didn't address it to us as far as us going in there on it, if you look at - if you're putting in a convenience store, you're putting in a Wendy's or a McDonald's or a Burger King, they're going to have as much traffic in the noon time as what we're going to have for 24 hours at the motel or what an office building would have as far as what we've got. I don't know what's going to happen there but I know that they didn't address it to us and we've left it as far as a stop sign at the end of Allen Street before you get to Magic View or whatever there, I think ACRD would look at their traffic studies and be able to do what is necessary on that on it and then whatever they're going to end up doing as far as that development in the area there and what company comes in commercially, I think that they'll end up with a signal there sometime but nobody has said anything and we were in staff trying to work out just Gentry Way and nothing was said on the other. MacCoy: I understand. Thank you. Is there any questions of the Commissioners at this time? Anybody? de Weerd: No, I just have a general question or comment. I think we're all concerned with traffic and the increased amount of it, unfortunately at the City level we have no control, I think it's going to be very helpful for you to make your concerns known to ACRD and if you need to pester them. (Inaudible -away from mike) de Weerd: Well good, continue to do so because they are the ones that do the planning on the streets. Buckert: I understand, but they did also that they had to have Meridian - Prior: Ma'am, none of this is being picked up on the tape, you're going to have to come up. Buckert: Sorry, I'm not used to this. They said that Meridian City has to okay this too on this lights and traffic and whatever, I have talked to them and they did say and they Planning and Zoning Commission Special Meeting June 17, 1998 Page 64 did say that they were going to have a meeting with you and I called a month later and they had not done it. MacCoy: They're slow at times, many times but your Commissioner is correct though, the squeaky wheel gets the grease and if you help we'll all be able to solve this problem. Buckert: Very good, any more? de Weerd: Thanks. MacCoy: Any more Commissioner questions for anybody? Anybody out there want to make a comment? If not I'll close the public hearing. Commissioners, what do you want to do? Smith: Mr. Chairman, I'd like to make a motion that we have the Assistant City Attorney prepare Facts, Findings and Conclusions of Law. Nelson: Second. Prior: That is the Assistant City Attorney. Smith: Thanks for that clarification. Prior: I thought it appropriate. MacCoy: All in favor of the motion? MOTION CARRIED: All aye. ITEM #8: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FORA 3 STORY MOTEL BY KANTI PATEL - I-84, EAGLE ROAD, GENTRY WAY & ALLEN STREET: MacCoy: Moving on to item #8, it's a conditional use permit for the hotel and we ask the applicant to come forward to the podium please. Prior: Sir, just state your name, address and spell your last name for the record if you would. Towle: My name is Rocky Towle, my address 2210 Broadway. ROCKY TOWLE WAS SWORN BY THE CITY ATTORNEY. a w MERIDIAN CITY COUNCIL MEETING: Aucaust 4, 1998 APPLICANT: KANTI PATEL ITEM NUMBER: 6 REQUEST: PUBLIC HEARING: ANNEXATION 8< ZONING OF 1 66 ACRES (C GI AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 6/17/98 & 7/14/98 P & Z CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED FINDINGS All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING AND ZONING C01W1~fISSION NLY 14, 1998 PAGE 5 MacCoy: It was item 3 on your agenda. Borup: Right. MacCoy: Richardson? Richmond. De Weerd: Any the only thing, the action that we need to do is pass those findings and now the next step is that you would go before City Council for your public hearing and their decision. D. Richmond: Okay that's my question because we thought this tonight was the final approval. MacCoy: For us. De Weerd: Oh, it is. MacCoy: For us. De Weerd: It is the final approval. D. Richmond: Well I meant for the City Council so there is still one more step. (Inaudible) Berg: This is an accessory use which the P & Z commission has the ability or authority to pass this accessory use, it doesn't go to the City Council. De Weerd: Okay, so this is your final step. ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 1.66 ACRES (C-G ZONE) BY KANTI PATEL - I-84, EAGLE ROAD, GENTRY WAY & ALLEN STREET. Borup: Mr. Chairman. MacCoy: Yes sir. Borup: I move that Meridian Planning and Zoning Commission hereby adopts and approves these provings of Findings of Fact and Conclusions. De Weerd & Smith: Second. MacCoy: That's two seconds now. Okay Commissioner Borup. ~~ MERIDIAN PLANNING AND ZONING COMMISSION JULY 14, 1998 PAGE 6 ROLL CALL: Borup, aye. Smith, aye. Nelson, absent. De Weerd, aye. MOTION CARRIED: All aye. Borup: Mr. Chairman, I move that the Planning and Zoning Commission hereby recommends to the City Council, City of Meridian that they approve the annexation and zoning as stated above and the conclusions for the property described in the application with the conditions set forth and the Findings of Fact and Conclusions of Law and that the applicant be specifically required to meet all of the ordinance for the City of Meridian. Specifically including the development, time requirements, and that if the conditions are not met, then the property will be de-annexed. De Weerd: Second. MacCoy: All in favor. MOTION CARRIED: All aye. ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FORA 3 STORY MOTEL BY KANTI PATEL - I-84, EAGLE ROAD, GENTRY WAY & ALLEN STREET. Borup: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopt and approve these Findings of Fact and Conclusions. De Weerd: I second. MacCoy: Thank you. ROLL CALL: Borup, aye. De Weerd, aye. Smith, nay. MOTION CARRIED: 2 ayes, 1nay Borup: Mr. Chairman, I move that the Planning and Zoning commission hereby recommends the City Council, City of Meridian approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions that justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements the, fire and life safety codes, uniform fire code, parking requirements and the paving and landscaping requirements and all of the ordinances for the City of Meridian. The conditionals use should be subject to review upon notice to the applicants by the city. De Weerd: I second that. MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: JULY 14, 199 APPLICANT: KANTI PATEL AGENDA ITEM NUMBER: 4 REQUEST: ANNEXATION 8~ ZONING OF 1.66 ACRES - I-84, EAGLE RD., GENTRY WAY 8~ ALLEN AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED MINUTES FROM 6/17/98 SEE ATTACHED FINDINGS OF FACT c~p~' ~,~°'~ ~ ~~c BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Planning and Zoning Commission Special Meeting June 17, 1998 Page 51 Jerome: No. MacCoy: Okay, so if you do you can come in and ask them because they're not unapproachable, don't feel that you have to just guess at some of this stuff, they try to be pretty exact in what they ask for and they expect to have questions from you people so don't feel bad about it, alright you can sit down. What's the decision of the Commissioners? Prior: Mr. Chairman, just for a point of order I think it's necessary that we close the public hearing. MacCoy: 1 will, yeah, okay, I'll do that first, I'll close the public hearing which we had a moment ago and now we come up to the Commissioner's side, thank you very much Mr. Counselor. Borup: Mr. Chairman, I move we instruct our Assistant City Attorney to prepare Findings of Fact and Conclusions of Law on this application. Smith: Second. MacCoy: All in favor? No disapproval, that passes. MOTION CARRIED: All aye. MacCoy: Is anybody here yet from the Wild West Bakery? No, okay now we'll go to item #7 on your agenda. ITEM #7: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 1.66 ACRES (C-G ZONE) BY KANTI PATEL - I-84, EAGLE ROAD, GENTRY WAY & ALLEN STREET: MacCoy: Is the applicant here for that material at this time? Towle: Yes we are. MacCoy: Can you come forward please. Prior: Sir, would you state your name and address for me and spell your last name for the record. Towle: My name is Rocky Towle, my address is 2210 Broadway, Boise, Idaho. Planning and Zoning Commission Special Meeting June 17, 1998 Page 52 ROCKY TOWLE WAS SWORN BY THE CITY ATTORNEY. Prior: Sir, you're welcome to comment if you wish. Towle: Okay. We're looking at constructing a motel that is bordered by I-84 on-ramp, Eagle Road, Allen Road and Gentry Road off of Eagle Road by the freeway. We have gone through the process of doing the preliminary layout and design on it and have worked with Planning and Zoning to try to achieve what they've wanted as far as setbacks and landscaping requirements. A couple of items that have happened on the site plan that you have there is that our (inaudible) columns extend into the thirty-five foot setback as far as the landscaping area goes but if I can show you on one of the plans we've provided additional landscaping for any encroachment that we've done on that thirty-five foot landscaping area on it. We have had no response from any agencies as far as changes that needed to be made on the plans we're looking at bringing in both sewer and water and the utilities that we need to into the site. We have been working with ACHD to try to do the development that they have wanted and I can tell you where they're at, I don't know if you've gotten a report from them or not but they want a 41-foot back-up curb down Allen Street, as far as what they're looking at doing we are to develop to the west side of us along that property to do curbs, gutters, sidewalks and a 24-foot paving strip to be able to meet what they're looking at on Allen Street. Also, on Gentry Way, they want the same thing, they want a 41-foot back-up curb and a 58-foot right-of--way on it which means that we would have to dedicate four feet to them on Gentry Way and that's a dead end street that's really going nowhere. We have approached tech review on having that vacated of which the previous owner and applicant had gone through both the City here and ACHD to do when it got to ACHD the ACHD said that that previous owner was to go out and get an appraisal on that ground and that they would sell that ground to the applicant at that time, nobody had said that before and I think the applicant went into shock knowing that he had to buy it rather than it was just going to be vacated and split with the two owners that are adjacent to that ground, since that time my client has bought the ground that's south of Gentry Way, we have tried to contact the owner that has the ground to the north of Gentry Way and to see if we could go back in to the possibility of making an offer to the Highway District on it. Tech staff at ACRD has basically backed our position that they would like to get rid of that so that they don't have to maintain that dead end road going in there however the right-of--way department says the only way that you're going to get that road is if you pay the full price for it so we're sort of in a catch 22, we've gone through to do our design based on doing the development to meet ACHD's specifications for that road if that's the last recourse that we have but if we can purchase that ground at a reasonable price then we're looking at that option. The one thing that we have done is that in working with ACHD, ACRD is wanting us to dedicate to them four feet more of ground on both Allen and Gentry Ways, if you'll look at the way that we have our site plan laid out we have met what we've talked to Shari about as far as setbacks go and in doing this we found out that if we had to dedicate four more feet that we have actually relocated the Planning and Zoning Commission Special Meeting June 17, 1998 Page 53 motel and I have a site plan here that shows a relocation on that site if I could approach you with that. MacCoy: Sure. Towle: I wouldn't mind if everyone could gather around to look at this because the only difference that there is between this is we moved this building to where we have a 24- foot setback here rather than the 20-foot that we had and we've got a 16-foot setback here where we had a twelve. The adjustment that this has made is that we've had to bring our sidewalk around and we've narrowed our driveway to stay within the scope of the 35-feet as far as the setback goes on it and other than that all of our parking and everything has remained the same for what we have and we've been able to have it to where we can go ahead and dedicate the four-feet here and the four-feet here to ACHD if that need arises and I could see where it would here, on this we're still negotiating to see what we can come up with on Gentry Way. Are there any questions? Do you want me to leave this with you? Prior: Sir, go back up to the mike if you would, we can't hear you in the court. Towle: Are there any questions? Borup: Mr. Chairman, a couple. The first I guess is on parking, have you reviewed the staff reports? Towle: Yeah, where we said that there is actually two employees -where we've got 69 parking stalls and 67 rooms, when we talked to - we do a lot of motel design and when you look at motel design we've done everything from having one stall per one room up to 1.25 stalls per one room in the motel design that we've got into. If you take and - there's only one that I've had a study on is that when we've talked to Glenn .Black that has the Ameritel Motel down at the mall, he has come back and said that for every room that basically they have .77 parking that they've gone out to do counts on it so they don't even hit for every room rented having a car there, they say people come in, they're doubled up, now there's a difference in that motel in that it's close to the mall so that that can happen. What we've found out is that if you have maid service coming in or employees coming in that basically by the time the business people get up and are gone by 8:00 and by the time the maids get there at 8:00 we don't have any problem as far as parking even on a one to one ratio for the units that are there. I don't know if you've had or seen that there's even any problems here as far as the Best Western goes here or the addition that's coming in on the new motel there but I know that facility wise that I've never seen anything that's had a problem even when we've been down to a 1-1 ratio. Planning and Zoning Commission Special Meeting June 17, 1998 - - Page 54 Borup: What would be the around the clock employee situation there, what are you looking at without the maids and the (inaudible) ? Towle: What's the maximum people that you'll have there, let's say at 9:00 in the morning? Isn't that probably the maximum? Well how many people would you have - Prior: Sir, what we're going to do is if that gentleman wants to say anything, I'd appreciate if we put him on the record, it makes it difficult for us to cover transcript of that. Towle: Kanti could answer that question, he's the owner and would know more as far as employees. Borup: Okay, we may want to ask him that later then. Towle: Okay. Borup: Well ,the other and I guess you've answered my question on Gentry Way which seems to be way up in the air right now and I'm having trouble following ACHD's logic on the whole thing. - Towle: Us too. Borup: Yeah, they don't want it but they don't want to give it away. Towle: Well, one department wants us to be able to buy at the department that has it, doesn't want to negotiate. Borup: But doing that would give you a lot more flexibility on your whole site layout and parking and everything and that's what you're trying - Towle: Correct. Borup: So I hear you are paving Allen Street back to Magic View? Towle: No, what we'll do is ACHD's requirements is that from Magic View down to where our property starts, down to Gentry Way, that we have to have a 24-foot asphalt driveway, then from there on down we've got to have the 24-foot plus curbs, gutters and sidewalk. Borup: Right, okay so they're not asking for curb and gutter before Gentry. Planning and Zoning Commission Special Meeting June 17, 1998 Page 55 Towle: No, when that develops out then the owner of that or the developer on the ground that's north of us or south of the Texaco would be the one that would be doing the curbs, gutters and sidewalks. Borup: So of course then the ingress egress would be out to Magic View and on to Eagle. Towle: Correct. Borup: I don't have any other questions at this time. de Weerd: Mr. Chairman, most of my questions have been answered with the exception of where are you going to have your trash area? Towle: Actually what I'll have to do is if it's not on the plan typically we enclose it, we make a contained area that will match the building as far as the materials go and we'll have it enclosed and we'll meet whatever we have to as far as accessibility to be able to get to it. de Weerd: And you wouldn't lose any parking spaces by doing that? Towle: Actually I'll have to look because I don't know, I hadn't thought of that. I think we can work it in on it, I don't know that that's a problem but I -let me look at the site and I can tell you. de Weerd: Okay. Towle: We could put it in here on the north side of the driveway here, we could possibly work it in over here on this area and enclose it, we've got the possibility so I don't think it would delete any parking. de Weerd: Thank you, I don't have any further questions. MacCoy: Mr. Smith? Smith: Mr. Chairman, I apologize, I did not get the elevations of the building in my packet, I guess it's because staff knows that I usually don't like to look at that stuff. MacCoy: Well don't feel bad, I didn't get the map or the elevations in mine. Smith: What are you referring -when you say architectural shingles, what do you have in mind? Planning and Zoning Commission Special Meeting June 17, 1998 _ Page 56 Towle: They're not the -they're the architectural grade asphalt shingles, they're not the 235's, we're going out so that they've got a little bit of differentiation in their depth. Smith: Okay and what are you referring to by acrylic exterior finish system, is that a drive-it? Towle: Yeah, drive-it system. Smith: So synthetic stucco. Towle: We'll either do that or do Stucco, one or the two so - Smith: Okay, and then I - is your dimension to the top of the roof is that thirty-seven foot six, it's pretty small, I can't make that out for sure. Towle: Yeah, thirty-seven foot six. Smith: Thirty-seven foot six, and then the gondola or whatever you want to call it on top, that's sticks up what another - I apologize, this is the first time I saw these - Towle: It's up there about nine feet, a little less than nine feet. Smith: Nine feet, so that would be 46.6, okay, and then as far as your siding of your building was -you're interpreting - I mean, I'd interpret the front yard as either being off Allen Street or Gentry Way. Towle: To me the front is actually facing the on-ramp - Smith: I guess what I'm getting to is the setback requirements, front yard, rear yard, and so forth, front yard setback I think was twenty or twenty-five feet and the rear yard is zero, I'm sorry, fifteen and zero. Towle: Okay, on that, on the twenty feet what we'd done is we had maintained the twenty feet off the front and when we'd done - Smith: When you say the front are you talking about the side that faces the on-ramp? Towle: Okay, then -but now I'm talking about Allen Street now if you - Smith: Allen, okay. Towle: Okay, on it what I've maintained on that and what we'd done is we'd kept it ten feet on - or more than ten feet on Gentry Way because we're trying to get Gentry Way vacated but we're also to the point that we had maintained twelve feet and then we'd Planning and Zoning Commission Special Meeting June 17, 1998 Page 57 tried to boost that to sixteen feet if ACRD takes an additional four feet from us. Now if I've got to move it a little more to be able to get fifteen feet because of a side street I can probably do it but I haven't shown it in the plan of that. Smith: And when you say you're trying to get Gentry Way abandoned, so are you looking at it just going away? Towle: No, what we're - Smith: Because I guess what I'm getting at is you're vehicular flow wouldn't work then. Towle: Well if we were able to either purchase Gentry Way or purchase half of Gentry Way then the motel would move back, we'd have more room on the front or else the motel would move back a little bit, we'd try to coordinate with the owner to the north, see if we could do a driveway that we could go ahead and share parking coming in. Now Idon't - I mean that's something that I can't say will happen or won't because we've tried to make contact with the owner to the north and there's been no way. When we talked to the Highway District about it basically Ray down at the right-of--way had said well we'll send a registered letter, if he doesn't respond then we can do whatever we want to it, we're not to the point that that's something that we can do as a neighbor to him, you now 1 mean as far as saying we'd like to purchase this or not, you know, and then the other thing that comes up on this is that we look at it and say if we build the road in there to ACHD's specifications, get them to where they acknowledge it, turn it over to them and then they maintain a road that goes in to dead ends that really nobody's going to use on it and the tech staff doesn't want it but right-of--way's saying well instead of paying us a dollar and a half a square foot you're going to pay us five bucks a square foot for that, my owner's saying I won't pay five bucks a foot so then we'll go ahead and put in the road and that's the one thing that is the unknown right at the moment on it. Smith: Maybe I was half asleep when -you said you were going to have two employees at any one time? Towle: No, that's what the report says. Kanti Patel will have to say how many employees he will have. Smith: Okay, because the ordinance calls for one space for every two employees and you have the rooms covered here - Towle: We've got the rooms covered but we don't have the employees but the thing that we get into as far as motel management, we've done a lot of motels for a lot of different clients and basically what they're saying is that for if you have one parking stall for every room that you have more than enough to cover your parking for the motel, that Planning and Zoning Commission Special Meeting June 17, 1998 _ Page 58 by the time you get your maids and all the people that come in to work, the people have gone and left in the morning and so what we've provided is we've provided for a night clerk in addition to the parking people there that want to come in for the dwelling and that we feel is sufficient to it as far as it goes. I'd rather have more landscaping and buffer than slide a couple of more stalls in there - Smith: Sure, so would I. Okay, I don't have any more questions. Oh, wait one more, do you have a color scheme proposed for the building? Towle: Actually, all I can tell you is we're looking at going a natural tone, tans on it and I'll have to get that from Holiday Inn Express on the colors, I've got a rendering here and the way it came out on the color it came out yellow and I'm scared to show it to you so - Smith: We've probably seen worse. Towle: Do you got your sunglasses on? Smith: No. That's yellow. Towle: The tan that's there should be close to the color it should be. MacCoy: Is it similar to the one we had down in Boise? Towle: Yes. MacCoy: The one down by the airport? Towle: Yeah, it would be similar to the one down at the airport in Boise. Smith: And I don't see any signage - oh wait, there is a monument sign there, so you're not going to be asking for a big freeway pole mounted sign? Towle: I have nothing to do with signs, the sign -whatever the owner wants to do we'll have to come in for signs, I - Smith: Okay, but right now all you've got on your site plan is the monument sign on the intersection of Allen Street and Gentry Way? Towle: Yes. Smith: Okay, I'm finished. MacCoy: Commissioner Nelson? Planning and Zoning Commission Special Meeting June 17, 1998 Page 59 Nelson: I have no comments. de Weerd: Mr. Chairman, I have one more question, well I guess two more, I'd like to know what your plans are as to lighting, that is in a residential area and staff did make a comment on that. Towle: Basically the lighting would - we will have an engineer that will engineer all of the lighting and all of our electrical. on the job as far as the motel goes and as far as the sight goes, what we've tried to do on all of our lighting is direct it so it maintains on the site and on our own premises and isn't directed off of the site or across into any of the neighbors. de Weerd: Okay, Mr. Freckleton, do you have any comments? Freckleton: Commissioner de Weerd, the only thing that I would say would be that the cut off lighting is something that we have been looking at and it sounds like that's the direction you're probably headed so what I would propose I guess is that we just take a look at that when the plans come through and scrutinize it. Borup: I had a couple more Mr. Chairman. MacCoy: Alright, go ahead. Borup: I'm assuming that on the - at least I didn't find any overall plat maps showing adjoining property, I assume we are contiguous to city limits on - Towle: Yes. Borup: Where is it contiguous, (inaudible) Towle: Actually the fireeway and the on-ramp is and then it goes across over to St. Luke's. Borup: Okay,. that's right, that's what we did to get St. Luke's in. You had talked about if you have to move in your revised plan, move over, did you say that reduced the driveway size or - Towle: Actually, if Gentry Way can be purchased - or is that what you're talking about? Borup: No, just the Fire Department's concern on 20-foot driveways if you're still planning on that and you'd still have driveway around the back side of the building even if you did purchase Gentry Way there would be - Planning and Zoning Commission Special Meeting June 17, 1998 Page 60 Towle: We have twenty-foot driveways so we can -yes -yes, we'll still double park so we'll end up with a 24 or 25-foot driveway and if it goes to ACHD and they end up with it we'll end up with a 24-foot driveway plus curbs, gutters and sidewalks. Borup: Now I just had one last comment. It would be interesting on the layout -your diagrams show two south elevations and two west elevations. Towle: It was a late night. The south elevations -- Borup: I mean it's obvious which is which I just wanted to (inaudible) MacCoy: You're a nice guy. The colored photo you have here, is that for us to keep, some people would like to have one for their folder. Towle: Actually what I would rather do is be able to get back to you the colors that will be on the building rather than that. MacCoy: Fine, okay, then if you do that be sure that we get a copy of that. Towle: That'd be fine and we'll work with staff or whoever you'd like to make sure that the colors are okay. MacCoy: Okay. Any other questions for him? None, alright you may be seated. This is a public hearing, is anybody here that has anything to say pro or con? Yes ma'am, come forward. Prior: Hi, would you state your name and address for the record, spell your last name for me as well. Buckert: Wanda Buckert, 971 Wells Circle, lot 20, Magic View Subdivision and I do use Allen Road. Prior: Ma'am, I just need to swear you in before you say anything. WANDA BUCKERT WAS SWORN BY THE CITY ATTORNEY. Buckert: It's the traffic and I do use that, if they are only going to widen did I understand right from Gentry Way to the curve on Allen Street, that lets in another at least 68 cars plus employees, plus garbage trucks and the traffic. As you know on Magic Vew we can't get out anyway on Eagle Road. I would like to ask can there be a light put up at Magic View and Eagle Road? MacCoy: We'll ask the applicant after you finish talking to come back up here and comment. Planning and Zoning Commission Special Meeting June 17, 1998 Page 61 Buckert: Okay and I understand there is a road that had been approved at the light in front of the hospital to go across lot 1 and 2 and connect to Allen Street but if we do which I will change coming out on Allen and I will take Magic mew and Wells Street but when you get to where the new road is going to be the cross traffic going to the motel, whatever development is coming in, I understand that there has been more property sold to doctors, how are we going to turn left even there when we get a new road if there's not a stop sign or a four way stop, a light or something but it's the traffic I'm concerned about and I know someone's going to get killed at that corner, I've seen many accidents and I just hope I'm not in one. Thank you. MacCoy: Okay, is there anybody else here who would like to have a statement? Nelson: !would like to comment for the benefit of the person who just spoke, the issue of a light at that Eagle Road has come up before and so I don't think that's ever going to happen but yeah I think it should be noted the intersection there of Allen Street and I guess whatever street's going to meet there -yeah, Magic View, yeah, that is a valid concern but yeah, I just thought !'d comment that Eagle Road's probably not going to have a light for you. Buckert: Then the people coming out of the hospital, you know they change their entrance to the light and when they're coming out they're still using the old street and they're making a left this way where all the traffic and we have to get out of Magic View, we got one way, then they're making I think an illegal left turn where we're trying to make a left turn to get to the middle and with all the traffic it is tough to get out there and I think would it be possible for the hospital to put up no left turn, they can go to the light and that would help a lot, alleviate. Thank you. MacCoy: I will comment to as to you the standpoint that one of the things that ACHD has commented, we have had the discussion as Commissioner Nelson has pointed on several occasions that the Highway Department, one of the things that they're dragging their feet on is the fact that when more businesses come in for development which is what's happening here, they will re-address the issue of the streets and signs and everything so we're king of in limbo at present for that so I just give that to you, it's not a dead issue but I don't know what the answer is yet. Buckert: Okay, I know development will happen, I'm not against it, I'm actually not against the hotel, it's the extra traffic but what are we to do in the meantime that live there? You know if we're not annexed or anything, we're just a few houses back in there that we can't get in and out because of traffic. MacCoy: Well we'll be addressing that subject directly and I'm glad to see we've got a business going to come in there and build a building that we can then have a real chip Planning and Zoning Commission Special Meeting June 17, 1998 Page 62 in our hands to go in and say look it's happening, you've been talking about this for some time now let's address the issues of all the people. Buckert: Good, thank you. Borup: Mrs. Buckert, did you say you were in lot 20? Buckert: Yes, lot 20. Borup: So that's the one down at the end of Wells? Buckert: Yes, with the circle. Borup: Okay, it wasn't showing on this plat so well then does - is there a road there that goes along parallel to the freeway, is that the one you use when you said you - Buckert: 1 use that one and it curves onto Allen. Borup: Is that a regular county road or - Buckert: Yes, I believe it's called Freeway Drive. Borup: Okay, it's not showing on this map, then again maybe for your information ACRD is proposing another access up at the light that's there on the north end of the subdivision but how soon it's going to happen we'll see but - if the project that's being proposed there happens it will -have of that street will go in quite soon to my understanding - MacCoy: That's what I understand too, I think this has been an asset to you - Borup: And they're talking about going back and tying into Magic mew so that anybody coming out of the subdivision can go up to the light and out rather than have to go out on Magic Vew. Buckert: This is true and I understand it, it's like I mentioned is the cross section there and it will be running into the - Borup: Yeah and that's why they're trying to get a road to where the light is. Buckert: I understand sir but the one I'm talking about it will cross Magic mew to Allen Street, we're still going to have to make a left turn to get onto it and with all the extra traffic coming in - Planning and Zoning Commission Special Meeting June 17, 1998 Page 63 Borup: Oh, you're talking about a left turn onto the new street? Buckert: Yes. There will be an intersection there and we're still going to - Borup: Well yeah and whether there's a light there will depend on the traffic I'm sure. MacCoy: Thank you. Is there anybody else who would like to make any statements here? If not I'll ask the applicant to come forward if he can answer some of her questions. Towle: The only thing I can say on the traffic is ACRD didn't address it to us as far as us going in there on it, if you look at - if you're putting in a convenience store, you're putting in a Wendy's or a McDonald's or a Burger King, they're going to have as much traffic in the noon time as what we're going to have for 24 hours at the motel or what an office building would have as far as what we've got. I don't know what's going to happen there but I know that they didn't address it to us and we've left it as far as a stop sign at the end of Allen Street before you get to Magic View or whatever there, 1 think ACRD would look at their traffic studies and be able to do what is necessary on that on it and then whatever they're going to end up doing as far as that development in the area there and what company comes in commercially, I think that they'll end up with a signal there sometime but nobody has said anything and we were in staff trying to work out just Gentry Way and nothing was said on the other. MacCoy: I understand. Thank you. Is there any questions of the Commissioners at this time? Anybody? de Weerd: No, I just have a general question or comment. I think we're all concerned with traffic and the increased amount of it, unfortunately at the City level we have no control, 1 think it's going to be very helpful for you to make your concerns known to ACRD and if you need to pester them. (Inaudible -away from mike) de Weerd: Well good, continue to do so because they are the ones that do the planning on the streets. Buckert: I understand, but they did also that they had to have Meridian - Prior: Ma'am, none of this is being picked up on the tape, you're going to have to come up. Buckert: Sorry, I'm not used to this. They said that Meridian City has to okay this too on this lights and traffic and whatever, I have talked to them and they did say and they Planning and Zoning Commission Special Meeting June 17, 1998 Page 64 did say that they were going to have a meeting with you and 1 called a month later and they had not done it. MacCoy: They're slow at times, many times but your Commissioner is correct though, the squeaky wheel gets the grease and if you help we'll all be able to solve this problem Buckert: Very good, any more? de Weerd: Thanks. MacCoy: Any more Commissioner questions for anybody? Anybody out there want to make a comment? If not I'll close the public hearing. Commissioners, what do you want to do? Smith: Mr. Chairman, 1'd like to make a motion that we have the Assistant City Attorney prepare Facts, Findings and Conclusions of Law. Nelson: Second. Prior: That is the Assistant City Attorney. Smith: Thanks for that clarification. Prior: I thought it appropriate. MacCoy: All in favor of the motion? MOTION CARRIED: All aye. ITEM #8: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FORA 3 STORY MOTEL BY KANTI PATEL -1-84, EAGLE ROAD, GENTRY WAY & ALLEN STREET: MacCoy: Moving on to item #8, it's a conditional use permit for the hotel and we ask the applicant to come forward to the podium please. Prior: Sir, just state your name, address and spell your last name for the record if you would. Towle: My name is Rocky Towle, my address 2210 Broadway. ROCKY TOWLE WAS SWORN BY THE CITY ATTORNEY. ~~~~~D JUL O 9 1998 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CITY OF MERIDIAN KANTI PATEL ANNEXATION AND ZONING OF 1.66 ACRES TO C-G BETWEEN I-84, EAGLE ROAD, GENTRY WAY AND ALLEN STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 17, 1998, at the hour of 7:00 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant's representative, Rocky Towle, appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 17, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 17, 1998, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 KANTI PATEL ANNEXATION AND ZONING (C-G) available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 1.66 acres in size; it is between I-84, Eagle Road, Gentry Way and Allen Street. 3. That the property is presently zoned by the county as RT (Rural Transition) and the proposed use would be for C-G General Retail and Service Commercial development. 4. That the City of Meridian desires to annex and zone property to allow any development to be under the City's jurisdiction. This would save money on land use .application and building permit fees that would otherwise go to Ada County. 5. The general area surrounding property is used agriculturally, and for some residential properties. 6. That the property is adjacent and abutting to the present City limits. 7. The Applicant is the owner of the property and has requested the annexation. The application is not at the request of the City of Meridian. 8. Rocky Towle testified substantially at the hearing that the construction of the three story motel would border the I-84 on-ramp, Eagle Road, Allen Road and Gentry Road off of Eagle Road by the freeway. They have covered the areas of process, but there remains a couple of items on the site plan that need to be addressed. The columns extend into the thirty-five foot setback, FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 KANTI PATEL ANNEXATION AND ZONING (C-G) of which, they have provided additional landscaping for the encroachment. The ACHD wants a 41-foot back-up curb down Allen Street. On the west side they are to do curbs, gutters, sidewalks and a 24-foot paving strip. On Gentry Way, the ACRD wants the same thing, with a 58-foot right-of-way, but this is a dead end street. They wanted this area vacated, but the previous owner and the applicant went through both the City and ACRD. ACRD said that the previous owner was to obtain an appraisal and they would sell the ground to the applicant. At the ACHD, the tech staff have backed their position, but the right-of-way department says they need to pay the full price for it. If it could be purchased reasonably then they would just purchase the ground. If they have to dedicate to the ACHD four feet on Allen Way and Gentry Way, then they have actually relocated the motel. The difference is that a 24-foot setback has been designed rather than the 20-foot setback, and a 16-foot setback instead of the 12-foot setback. The adjustment is for bringing the sidewalk around and they've narrowed the driveway to stay within the 35- foot setback. Pertaining to the parking, there are 69 parking stalls and 67 rooms. Parking shouldn't be a problem since maid service and employees come in around 8:00 and the business people leave before 8:00. Ada County Highway District's requirements are from Magic View down to where their property starts, down to Gentry Way, that they have a 24-foot asphalt driveway. From there on down they have to have the 24-foot plus curbs, gutters and sidewalk. No curb and gutter before Gentry Way. Discussion FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 KANTI PATEL ANNEXATION AND ZONING (C-G) between Mr. Towle and Commissioner Borup pertained to the ingress and egress that would be out to Magic View and then on to Eagle. 9. Commissioner de Weerd addressed the matter of where the trash area would be placed. Mr. Towle noted it would probably be on the north side in a contained, enclosed area. With regard to the lighting, an engineer will handle the lighting. The lighting is to be directed so it maintains on the site. Bruce Freckleton addressed Commissioner de Weerd's lighting issue by noting the cut off lighting is something that they have been looking at and he proposed they just take a look at it when the plans come through. 10. Commissioner Smith questioned the. architectural shingles. Mr. Towle noted they would be architectural grade asphalt shingles. Comments on the exterior finish were that it would either be a synthetic stucco or a drivit system. Additional comments pertained to either the purchase of all of Gentry Way or half of it, and with that the motel would move back. Mr. Towle addressed Commissioner Smith's comments over the parking spaces for employees by noting if you have one parking stall for every room you have more than enough parking to cover the motel, and by the time you get the maids and all the people that come to work, the people have gone and left in the morning, and so there is plenty of parking. They have provided for a night clerk in addition to the parking spaces for the people. The color scheme was discussed and basically it would be in a natural tone. Regarding the signage, it would be FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 KANTI PATEL ANNEXATION AND ZONING (C-G) a monument sign at the intersection of Allen Street and Gentry Way. Continued testimony between Commissioner MacCoy and Mr. Towle regarding the color of the building resulted in, that, Mr. Towle would get back to them with the color the building would be. 11. Wanda Buckert testified at the hearing as follows. Ms. Buckert's main concern was over the traffic. She suggested a light be put up on Magic View and Eagle Road to help with the extra traffic flow. It was her understanding that more property had been sold to doctors around the development, and her concern was over being able to turn left with the new road. She suggested a stop sign, four way stop, or light to help with traffic flow. Commissioner Nelson noted this was a valid concern that Ms. Buckert had, but that Eagle Road would probably never have a light. Discussion over this issue continued between Ms. Buckert and Commissioner MacCoy and Commissioner Borup. Commissioner MacCoy addressed the fact that the ACRD were dragging their feet, and when more businesses come in for development, then they would address the issue of the streets, signs, and everything. That leaves the matter presently in limbo. Ms. Buckert again addressed the matter that her concern was over the extra traffic. Commissioner MacCoy noted the fact with the new business coming in that maybe ACHD can be approached with this issue once again. Commissioner Borup addressed the fact that the ACHD is proposing another access up at the light on the north end of the subdivision, but he is not sure when it will happen. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 KANTI PATEL ANNEXATION AND ZONING (C-G) They are also considering going back and tying into Magic View. He also noted this would be for the people coming out of the subdivision so they can go up to the light. Ms. Buckert noted the area she was speaking of is where it would cross Magic View to Allen Street. They would still have to make a left turn, this would be the new street. 12. Mr. Towle approached the Commission again by adding the following comments to his testimony for the evening. He noted that ACRD did not address their traffic issue, and they have left it at having a stop sign at the end of Allen Street before arriving at Magic View, or whatever it is there. He feels ACRD will do what is necessary after review of their traffic studies when it begins to develop more in the area. Mr. Towle stated, "I think that they'll end up with a signal there sometime but nobody has said anything and we were in staff trying to work out just Gentry Way and nothing was -said on the other." 13. Commissioner de Weerd's final comment for the evening, to Ms. Buckert, was over the fact that at the City level they have no control, and she felt it would be very helpful to make their concerns known to the ACHD, and if need be, continue to pester them. Ms. Buckert noted that ACRD told her that Meridian City has to okay the lights, traffic and whatever. She has spoke with the City and she was told they were going to have a meeting, but as yet have not had one. 14. Shari Stiles, Planning and Zoning Administrator, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 KANTI PATEL ANNEXATION AND ZONING (C-G) Bruce Freckleton, Assistant to the City Engineer submitted general and site specific comments, which general comments are as follows. ANNEXATION AND ZONIN 1. This application is for a parcel of land at the northwest corner of the intersection of S. Eagle Road and I-84, south of (but not immediately adjacent to) the newly constructed Jackson's Food Store. The legal description for annexation included in the application appears to describe the subject site. Applicants surveyor has noted in his legal description that there are conflicts between monumentation on the ground, and mapping for the construction of the interstate, and that a new legal will be prepared after a field survey has been prepared. The revised legal description shall be written to place this site contiguous to the Corporate City Limits of the City of Meridian (Ord. No 660, 8/2/94). 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project . 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Although the cover sheet indicates the proper request for zoning of C-G (General Commercial), the narrative refers to a zoning of C-2, which is the Highway Commercial zone in Ada County. All statements made in the application should be corrected for the file. 5. A development agreement is required as a condition of annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 KANTI PATEL ANNEXATION AND ZONING (C-G) 15. The Meridian Fire ChiefF Kenny Bowers, submitted the following comment that they had no problem with this annexation and zoning. 16. The Meridian Chief of Police, Bill Gordon, had no comment. 17. The Central .District Health Department added the following comments. After written approval from the appropriate entities are submitted., they will approve this application for central sewage and central water. The plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 18. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 19. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 20. That the Application requests that the parcel be annexed and zoned C-G General Retail and Service Commercial District; that the present use of the property is vacant pasture; that the Applicant indicated that the intended use of the property would be for a three story motel. 21. That the property can be serviced with City water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 KANTI PATEL ANNEXATION AND ZONING (C-G) 22. That the C-G, General Retail and Service Commercial District is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: IC-G) GENERAL RETAIL AND ERVICE COMMERCIAL - The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 23. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 24. There was no further testimony at the hearing. CONCLUSIONS 1. That 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 Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 KANTI PATEL ANNEXATION AND ZONING (C-G) MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 17, 1998 APPLICANT: KANTI PATEL AGENDA ITEM NUMBER: 8 REQUEST: CONDITIONAL USE PERMIT FOR 3 STORY MOTEL AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN RON AND ~'~,J-R 7'1G'1~ KEITH MAY 2 6 1998 ~" ' `?~ MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 10, 1998 TRANSMITTAL DATE: MAY 20, 1998 HEARING DATE: JUNE 17, 1998 (special meetinA) REQUEST: CONDITIONAL USE PERMIT FOR 3 STORY MOTEL BY: KANTI PATEL LOCATION OF PROPERTY OR PROJECT: BETWEEN I-84, EAGLE RD., GENTRY WAY AND ALLEN STREET JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT _FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRE IM & FINAL PLAT) IDAHO TRANSPORTATION E ~ RTMENT ' ~~ YOUR CONCISE REMA S: ~,n Mayor ROBERT D. CORRIE ~'o~ncil Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (208) 884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 10, 1998_ TRANSMITTAL DATE: MAY 20. 1998 _ HEARING DATE: JUNE 17, 1998 (special meeting) REQUEST: CONDITIONAL USE PERMIT FOR 3 STORY MOTEL BY: KANTI PATEL LOCATION OF PROPERTY OR PROJECT: BETWEEN I-84, EAGLE RD., GENTRY WAY AND ALLEN STREET JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES J ..- L MAY 2 2 1998 c~~ ~r MERIDTaIv 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 RECLp,MATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION~DE"PA~RTMENT YOUR CONCISE REMARKS: J - /S ~' ~ ~~ - ~~ ~y /7 ~ ~ dr i yi N ~i ,¢ GC Q 5" S CENTRAL •• DISTRICT ~'t'HEALTH DEPARTMENT Rezone # Conditional Use # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Preliminary /Final /Short Plat ~EL-- ~~~~ ~~_ Return to: Boise Eagle Garden City ~, Meridian ^ Kuna ^ Acz I . We have No Objections to this Proposal. J ~ ~ ~ 199 2. We recommend Denial of this Proposal. CI'~ ®F ~'~R~~ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 4. We will require more data concerning soil conditions on this Proposal before we can comment. 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water well ^ interim sewage -~ central water ^ individual sewage ^ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ^ community sewage system ^ community water ^ sewage dry lines ~ central water 10. Run-off is not to create a mosquito breeding problem. I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. .~ 13. We will require plans be submitted for a plan review for any: ^ food establishment swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ,(' ~ ~~ 14. ~~C- 1`IL7'1~~~ ~.~G.~i`~~~/~j~7D.~ /°f~' Dater /~ / ~~~ ~'~~~~'~ /"Ti~/~~G~/l-IE/~~' Reviewed B Review Sheet CDND 10/91 rrh, rev. 7/91 CENTRAL ~~ DISTRICT H EAIT H MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83104-0825 • (208) 375-5211 • FAX 327-8500 DEPARTMENT To prevent and treat disease and disability; to promote healtlry lifestyles; and to protect ar:d promote tke liealt/r and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: 1) State Of Idaho Catalog Of stormwater Best Management Practices For Idaho Cities And Counties. .Prepared by the Idaho Division. Of Environmental Quality, July 1997. 2) stormwater Best Management Practices Guidebook. Prepared by City Of Boise Public Works Department, January 1997. stormwater 3/98:d1y Serving Palley, Elmore, Boise, and Ada Counties Ada /Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Ada•WIC Satellite Office Elmore County Office 1606 Roberts 520 E. 8th Street N. Mountain Home, ID 83647 Boise, ID 83705 Enviro. Health: 587-9225 Ph. 334-3355 Family Heolth: 587-4407 FAX: 334-33552P WIC: 587-4409 . ® FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 REcE~D JUN - 5 1998 CITY OF MERIDIAN ~~~~~~a 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Wtll Berg, City Clerk City of Meridian 33 East Idaho Meridian, ID 83642 RE: Conditional Use Permit for 3 Story Motel - Kanti Patel Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 466-7861 for further information. All laterals and wasteways must be protected. All municipal surface drainage must be retained on sate. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, Bi~ ens st. 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 1 June 1998 RE°Er"ED JUN - 5 1998 2 June 1998 Kanti Patel 2600 Fairview Avenue Boise, ID 83702 CITY OF MERIDIAN e~ 1503 FIRST STREET SOUTH NAMPA , IDAHO 83651-4395 FAX # ~4~4S~~~ X 208-463-0092 Phones: Area Code 208 \~ '~ ~ OFFICE: Nam a 466-7861 ~CXXCX X ~~~ ~ ~, ~ ~ SHOP: Nampa 466-0663 - x~~icxx~~x RE: Land Use Change Application for 3-Story Motel Dear Mr. Patel: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between you and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office or John P. Anderson, the District's Water Superintendent, at the District's shop. Sincerely, ~~C.>(A i l ' ~~ Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent City of Meridian enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40.000 1 MERIDIAN PLANNING & ZONING COMMISSION MEETING: JUNE 17, 1998 APPLICANT: KANTI PATEL AGENDA ITEM NUMBER: 7 REQUEST: ANNEXATION S~ ZONING OF 1.66 ACRES AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~;~ a~~c1r~..l;c~' Cp-x.~e~w~ REVIEWED S~,e.2~ZG~~-~ gimme-n"~ SEE ATTACHED COMMENTS BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE Council Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 RON ANDERSON KEITH BIRD MEMORANDUM: To: Planning & Zoning Commission, Mayor & City Council From: Bruce Freckleton, Assistant to Ci En inee Shari Stiles, P&Z Administrator LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT I2os>a8~-22II PLANNING AND ZONING DEPARTMENT (208)884-5533 June 15, 1998 Re: Request for Annexation and Zoning to C-G of 1.66 Acres with a Conditional Use Permit for a Holiday Inn Express by Kanti Patel We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: ANNEXATION & ZONING 1. This application is for a parcel of land at the northwest corner of the intersection of S. Eagle Road and I-84, south of (but not immediately adjacent to) the newly constructed Jackson's Food Store. The legal description for annexation included in the application appears to describe the subject site. Applicants surveyor has noted in his legal description that there are conflicts between monumentation on the ground, and mapping for the construction of the interstate, and that a new legal will be prepared after a field survey has been prepared. The revised legal description shall be written to place this site contiguous to the Corporate City Limits of the City of Meridian (Ord. No 660, 8/2/94). 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation. 4. Although the cover sheet indicates the proper request for zoning of C-G (General Commercial), the narrative refers to a zoning of C-2, which is the Highway Commercial zone in Ada County. All statements made in the application should be corrected for the file. HolidayInn.AZ.CUP P&Z Commission/Mayor & Council June 15, 1998 Page 2 5. A development agreement is required as a condition of annexation. CONDITIONAL USE ^ GENERAL COMMENTS: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414.D.3. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 6. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 7. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. 9. The conditional use permit shall be subject to review upon ten days notice to the Applicant. ^ SITE SPECIFIC COMMENTS: Sanitary sewer service to the proposed site could be extended from the existing main line installed in Magic View Drive north of this project. 2. Water service to the proposed site could be extended from the existing water main line installed along the easterly side of Eagle Rd. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. HolidayInn.AZ.CUP P&Z Commission/Mayor & Council June 15, 1998 Page 3 3. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 4. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection to the third floor of the hotel building. 5. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this pazcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 6. A minimum of one three-inch caliper tree is required for every 1,500 squaze feet of pavement. Please provide square footage of pavement so quantity required to be 3-inch minimum can be determined. Please revise the landscape plan so landscape schedule matches callouts on plan. 7. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standazds for lighting. 8. A minimum 35-foot-wide landscape setback beyond required right-of--way on Eagle Road and I-84 should be made a condition of annexation. The setbacks shown appeaz to meet this requirement. 9. A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this azea will need to have proper access to the traffic signal. 10. No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval 11. The P&Z Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. Holidaylnn.AZ.CUP P&Z Commission/Mayor & Council June 15, 1998 Page 4 12. Pazking requirements for a moteUhotel are one per room and one for each two employees. Sixty-eight spaces were counted on the plans. It would seem that more than two employees would be on site at any one time. 13. A screened trash enclosure needs to be provided and depicted on the plans. Coordinate the location and sizing requirements with Sanitary Services, Inc. 14. Gentry Way, north of this property, was never constructed and was approved to be vacated by the Meridian City Council in November of 1997. The status of the vacation is unknown; apparently the vacated roadway would be returned to the owner of the property to the north. It would be desirable for a driveway to be constructed along the northerly property line, and for additional parking to be provided for along the driveway. Holidaylnn.AZ.CUP • Mayor HUB OF TREASURE [/ALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Co~ncif Mem rc CITY OF MERIDIAN $ CHARLES ROUNTREE 33 EAST IDAHO PUBLIC WORKS BUILDING DEPARTMENT GLENN BENTLE~! MERIDIAN, IDAHO 83642 RON AN~)~ b1v' ~ I~D Phone (208) 888 4433 • F ~'-08> 887'-'- t I - ;, ax (208) 887-4813 PLANNING AND ZOMNG KEITH BI~~~ ~ ~ ~~~~ DEPARTMENT 208 88 ( ) 4-5533 <~ ~ '~-'MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8i Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 10, 1998 TRANSMITTAL DATE: MAY 20, 1998 HEARING DATE: JUNE 17, 1998 (special meeting) REQUEST: ANNEXATION & ZONING OF 1.66 ACRES IN R-T ZONE TO C-G BY: KANTI PATEL LOCATION OF PROPERTY OR PROJECT: BETWEEN I-84. EAGLE RD., GENTRY WAY AND ALLEN STREET JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT ~ZPOLICE DEPARTMENT CITY ATTORN EY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FIN PLAT) BUREAU OF RECLAMATION(P 1 LI FINAL PLAT) IDAHO TRANSPORTATIO D P ENT YOUR CONCISE REMARKS: -J k- -, ' ~~ Mayor HUB OF TREASURE VALLEY ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT Council Member: CITY OF MERIDIAN (~08' 884.4264 CHARLES ROUNTREE PUBLIC WORKS GLENN BENTLEY 33 EAST IDAHO BUILDING DEPARTMENT MERIDIAN, IDAHO 83642 ('208) 887-221 I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD 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 ~ Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _ JUNE 10, 1998 TRANSMITTAL DATE: MAY 20, 1998 HEARING DATE: JUNE 17, 1998 (special meeting) REQUEST: ANNEXATION 8z ZONING OF 1.66 ACRES IN R-T ZONE TO C-G BY: KANTI PATEL LOCATION OF PROPERTY OR PROJECT: BETWEEN I-84, EAGLE RD., GENTRY WAY AND ALLEN STREET JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT AFIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) IDAHO TRANSPORTATION DEPART/ME(N~T YOUR CONCISE REMARKS: 5- ~ I ` v• ~~ AY 2 1998 ~~`~~`~`~' ~~~~~ iVIERIDIAN CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division ~1"HEALTH DEPARTMENT Rezone # ! "- ~ ~ /~~t~i`~""l'i 4~ ~p ~i ~,r~L' . ~~ -~ ~ (~- Conditional Use # Preliminary /Final /Short Plat Return to: ^ Eagle ^ Garden City ~leridian ~~' ^ Kuna ^ Acz ^ I . We have No Objections to this Proposal. ~ ~ ~ ~ 1998 ^ 2. We recommend Denial of this Proposal. CI~ ®~' ~RID~ ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ community water well ^ interim sewage ~ central water ^ individual sewage ^ individual water- 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~ central sewage ^ community sewage system ^ community water ^ sewage dry lines ,central water ^ 10. Run-off is not to create a mosquito breeding problem. ^ I I . This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 14. Date: ~ /~ ~' ~, Reviewed By:~~' CDHD 10/91 rch, rn. 1/97 Review Sheet MERIDIAN CITY COUNCIL MEETING: JANUARY 19 1999 ~___ APPLICANT: DEPARTMENT REPORTS ITEM NUMBER: 11D REQUEST: GARY SMITH LATE COMERS AGREEMENT FOR HOLIDAY INN EXPRESS ~ ~af~~ AGENCY COMMENTS ~. CITY CLERK: SEE ATTACHED INFORMATION G~ CITY ENGINEER: r~5~,~a~ CITY PLANNING DIRECTOR: D~/~ ~~ CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. CITY OF MERIDIAN ROBERT D. CORRIE Mayor GARY D. SMITH, P.E. Public Works Director PUBLIC WORKS /BUILDING DEPARTMENT MEMORANDUM: To; Mayor & City Council ---~ ..--- From; Bruce Freckleton, Assistant to City Engineer COUNCIL MEMBERS CHARLES M.ROUNTREE GLENN R. BENTLEY RON ANDERSON KE[TH BIRD January 15, 1999 Re; Request for City to enter into a Sewer and Water Latecomers Agreement by Kanti Patel (dba Om Namah Laxmi LLC) Holiday Inn Express I have reviewed this request and offer the following comment as points of clarification: Attached please find a map that depicts the Holiday Inn Express site in relation to surrounding properties. The City of Meridian currently owns and maintains a sanitary sewer main in Magic View Drive. This main was installed to serve the St. Luke's campus. We also own and maintain a water main in Eagle Rd., and Magic View Drive. The main in Magic View was installed at the time Jackson's Texaco was built. The proximity of the Holiday Inn Express site requires that developer to construct new sanitary sewer and water mains in Allen. Street and Gentry Way. These mains will serve property other than that of the developer, therefore I believe it is appropriate for the City to enter into a Latecomers Agreement under City Ordinance 5-124A & B, and 7-527A & B 200 East Carlton, Suite 100 Meridian, Idaho 83642 Phone (208) 887-2211 Fax (208) 887-1297 1 ,1 11 11 \\ 1\ \ \ \ 1 , 1 \ 1 \ ` \ 1 1 1 A \ '', .1 1 \ \ 11 \ ~ \ l \ 1 ~ \ 1 1 \ ,\ ~ 111 \1 1 `\ \ \ \ \ 1 \ 1\ \ 1 \ \\ 1 \ \ \ \\ \ '\ Il 'l '1 \ \ \ 11 1 1 11 \\ 1 1 \ \ l \ \ \\\ 1 11 \ } ~ \ `\ 1 \\\ II \\\ \\ \\\ \`\ _ = ~ _ 11 11 `\\ `\\\ \ I+ \ \ 111 \ ~ \ \\ \ \ \ \ `~ \ \ 1 1 \ \\ 1 \ \ \\\ l \ 1 \\ \\ \\ ///\\\ ,~\ 11 \\ \ /~ \ '\ 1 \ 1(\ \ \ \\ \\ \\\ \ 1\ \ \ \ `. 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MERIDIAN PLANNING AND ZONING COMMISSION JULY 14, 1998 PAGE 6 ROLL CALL: Borup, aye. Smith, aye. Nelson, absent. De Weerd, aye. MOTION CARRIED: All aye. Borup: Mr. Chairman, I move that the Planning and Zoning Commission hereby recommends to the City Council, City of Meridian that they approve the annexation and zoning as stated above and the conclusions for the property described in the application with the conditions set forth and the Findings of Fact and Conclusions of Law and that the applicant be specifically required to meet all of the ordinance for the City of Meridian. Specifically including the development, time requirements, and that if the conditions are not met, then the property will be de-annexed. De Weerd: Second. MacCoy: All in favor. MOTION CARRIED: All aye. ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR CONDITIONAL USE PERMIT FORA 3 STORY MOTEL BY KANTI PATEL - I-84, EAGLE ROAD, GENTRY WAY & ALLEN STREET. Borup: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopt and approve these Findings of Fact and Conclusions. De Weerd: I second. MacCoy: Thank you. ROLL CALL: Borup, aye. De Weerd, aye. Smith, nay. MOTION CARRIED: 2 ayes, 1 nay Borup: Mr. Chairman, I move that the Planning and Zoning commission hereby recommends the City Council, City of Meridian approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions that justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements the, fire and life safety codes, uniform fire code, parking requirements and the paving and landscaping requirements and all of the ordinances for the City of Meridian. The conditionals use should be subject to review upon notice to the applicants by the city. De Weerd: I second that. MERIDIAN PLANNING AND ZONING COMMISSION JULY 14, 1998 PAGE 7 MacCoy: All in favor. MOTION CARRIED: All aye. ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW: CONDITIONAL USE PERMIT FOR AN ARTIFICIAL NAILS SALON BY DARLENE JEROME - 1324 MERIDIAN ROAD. Smith: Mr. Chairman I would like to make a motion to Meridian Planing and Zoning Commission adopt and approve these Findings of Fact and Conclusions. De Weerd: I second. ROLL CALL: Borup, aye. De Weerd, aye. Smith, aye. Nelson, absent. MOTION CARRIED: All aye. McCoy: Decision. Smith: Mr. Chairman I would like to make a motion that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian, that they approve the conditional use permit requested by the applicant for the property described in the application. With the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements and the paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the city. Borup: Second. MacCoy: Thank you. MOTION CARRIED: All aye. ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF 7. 58 ACRES (R-T ZONES BY WESTPARK COMPANY, INC -NORTH OF VICTORY &'/4 MILE EAST OF LOCUST GROVE. De Weerd: Mr. Chairman. MacCoy: Yes. Y MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 14, 1998 APPLICANT: KANTI PATEL AGENDA ITEM NUMBER: 5 REQUEST: CONDITIONAL USE PERMIT FOR 3 STORY MOTEL - I-84, EAGLE RD. GENTRY WAY 8~ AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: COMMENTS SEE ATTACHED MINUTES FROM 6/17/98 SEE ATTACHED FINDINGS OF FACT CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: ~G~~ ~~ 9 J~` ~~~ ~~PY ~ r~~ ~°"~ GI ~' ~p BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Planning and Zoning Commission Special Meeting June 17, 1998 Page 64 did say that they were going to have a meeting with you and I called a month later and they had not done it. MacCoy: They're slow at times, many times but your Commissioner is correct though, the squeaky wheel gets the grease and if you help we'll all be able to solve this problem. Ruckert: Very good, any more? de Weerd: Thanks. MacCoy: Any more Commissioner questions for anybody? Anybody out there want to make a comment? If not I'll close the. public hearing. Commissioners, what do you want to do? Smith: Mr. Chairman, I'd like to make a motion that we have the Assistant City Attorney prepare Facts, Findings and Conclusions of Law. Nelson: Second. Prior: That is the Assistant City Attorney. Smith: Thanks for that clarification. Prior: I thought it appropriate. MacCoy: All in favor of the motion? MOTION CARRIED: All aye. ITEM #8: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FORA 3 STORY MOTEL BY KANTI PATEL - I-84, EAGLE ROAD, GENTRY WAY ~ ALLEN STREET: MacCoy: Moving on to item #8, it's a conditional use permit for the hotel and we ask the applicant to come forward to the podium please. Prior: Sir, just state your name, address and spell your last name for the record if you would. Towle: My name is Rocky Towle, my address 2210 Broadway. ROCKY TOWLE WAS SWORN BY THE CITY ATTORNEY. Planning and Zoning Commission Special Meeting June 17, 1998 Page 65 Prior: Just for clarification, if you'd like your prior testimony to be incorporated and that's all you'd like to add that can be done just by making a request to that effect. Towle: I request that. Prior: Just specifically say. you'd like it incorporated. Towle: I would like to incorporate. MacCoy: Thank you very much. Prior: And that's it? Towle: Thanks. MacCoy: It's now open public hearing so is anybody here that would care to make any statements and if you want to do the same as he just did, you can come forward and do that. Freckleton: Mr. Chairman, I would like to just point out one thing, on the legal description that was submitted for the annexation, the surveyor had noted that there were some conflicts with monumentation on the ground versus his survey and indicated that he was going to be actually preparing a new legal description based on field survey and I would like to incorporate that new legal description in the annexation ordinance if it's available. Borup: I think that would be a real good idea, more than that. You're saying that that just needs to be included in the Findings as a condition on the annexation? Freckleton: Yeah, I would like to -well, it is under my comments, it's in item #1, so I was just bringing that to your attention. Borup: But you're hoping that that will be in the Findings of the conditions? Freckleton: Yes. MacCoy: It will be. Okay, is there anybody else here who wants to make a statement on number 8 which is the conditional use permit? If not, I'm going to close the public hearing and Commissioners? Smith: Mr. Chairman, I'd like to make a rnotio>> we direct the Assistant City Attorney to prepare Findings of Fact and Conclusions of Law on this item. Planning and Zoning Commission Special Meeting June 17, 1998 Page 66 MacCoy: Do I hear a second? Nelson: Second. MacCoy: Thank you. All in favor? All opposed? MOTION CARRIED: All aye. ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 7.58 ACRES (R-T ZONE) BY WESTPARK COMPANY, INC. -NORTH OF VICTORY &'/4 MILE EAST OF LOCUST GROVE: MacCoy: Becky, you're going to do this? Shoot, you were a witness to the last one earlier today, this evening, I hope you'll shorten your speech (inaudible) long one like before. Bowcutt: I will. MacCoy: Thank you, I figured you would, you're a help. Prior: Becky, would you just go through the spiel here, name, address, spell the last name. Bowcutt: Becky Bowcutt, Briggs Engineers, 1800 W. Overland, Boise. BECKY BOWCUTT WAS SWORN BY THE CITY ATTORNEY Bowcutt: For the record I would like my testimony on the annexation to be applied to the preliminary plat application also so I'll just deal with all the questions and hopefully answer everything up front. MacCoy: Thank you very much. Bowcutt: This drawing here is Sherbrooke Hollows, it was approved by the Planning and Zoning Commission and the City Council approximately about eight or nine months ago, it consisted of approximately 140 single family residential lots and was zoned R-4. The density on this one was 2.87. The property that you are looking at this evening adjoins this project, the developer is the same as the Sherbrooke Hollows, that's why we referred to this as Sherbrooke Village. This parcel here on this plat that says not a part was purchased by Westpark Company, on the original plat we have provided this stub street here for future develonmen: of that parcel. After getting our approval here, the applicant came to us and said they had purchased this property here which is approximately 7:8 acres and fits right up against the Sherbrooke Hollows Subdivision. R,E~ErvED J U L 0 8 1998 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISS CI~'I' OF iYIERIDIAN KANTI PATEL CONDITIONAL USE PERMIT FOR A THREE STORY MOTEL -- BETWEEN 1-84, EAGLE ROAD, GENTRY WAY AND ALLEN STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on June 17, 1998, at the hour of 7:00 o'clock p.m., the Applicant, appearing through its representative, Rocky Towle, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on June 17, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 17, 1998 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property is located within the City of Meridian the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL address is listed in the application as between 1-84, Eagle Road, Gentry Way and Allen Street. The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is the owner of record of the property. 3. Pursuant to the application, the property is presently zoned as (C-G), General Retail and Service Commercial. The proposed use of the property is to construct a three story motel. The Applicant presented a site plan depicting the location of the proposed use. Further, pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. 4. Rocky Towle testified substantially at the hearing as follows: He noted that the construction of the three story motel would border the I-84 on-ramp, Eagle Road, Allen Road and Gentry Road off of Eagle Road by the freeway. They have covered the areas of process, but there remain a couple of items on the site plan that need to be addressed. The columns extend into the thirty-five foot setback, of which, they have provided additional landscaping for the encroachment. The ACHD wants a 41-foot back- up curb down Allen Street. On the west side they are to do curbs, gutters, sidewalks and a 24-foot paving strip. On Gentry Way, the ACRD wants the same thing, with a 58-foot right-of-way, but this is a dead end street. They wanted this area vacated, but the FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 2 FOR A THREE STORY MOTEL previous owner and the applicant went through both the .City and ACHD. ACHD said that the previous owner was to obtain an appraisal and they would sell the ground to the applicant. It was a shock to the previous applicant knowing he had to buy it rather than just vacating it. At the ACHD the tech staff have backed their position, but the right-of-way department says they need to pay the full price for it. If it could be purchased reasonably then they would just purchase the ground. If they have to dedicate to the ACHD four feet on Allen Way and Gentry Way, then they have actually relocated the motel. The difference is that a 24-foot setback has been designed rather than the 20-foot setback, and a 16-foot setback. instead of the 12-foot setback. The adjustment is for bringing the sidewalk around and they've narrowed the driveway to stay within the 35- foot setback. Pertaining to the parking, there are 69 parking stalls and 67 rooms. Parking shouldn't be a problem since maid service and employees come in around 8:00 and the business people leave before 8:00. Ada County Highway District's requirements are that from Magic View down to where their property starts, down to Gentry Way, that they have a 24-foot asphalt driveway. From there on down they have to have the 24-foot plus curb, gutters and sidewalk. No curb and gutter before Gentry Way. Discussion between Mr. Towle and Commissioner Borup pertained FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 3 FOR A THREE STORY MOTEL to the ingress and egress that would be out to Magic View and then on to Eagle. Commissioner de Weerd addressed the matter of where the trash area would be placed. Mr. Towle noted it would probably be on the north side in a contained, enclosed area. With regard to the lighting, an engineer will handle the lighting. The lighting is to be directed so it maintains on the site. Bruce Freckleton addressed Commissioner de Weerd's lighting issue by noting the cut off lighting is something that they have been looking at and he proposed they just take a look at it when the plans come through. Commissioner Smith questioned the architectural shingles. Mr. Towle noted they would be architectural grade asphalt shingles. The exterior finish would either be synthetic stucco or a drivit system. Additional comments pertained to either the purchase of all of Gentry Way or half of it and with that the motel would move back. Mr. Towle addressed Commissioner Smiths comments over the parking spaces for employees by noting if you have one parking stall for every room you have more than enough parking to cover the motel, and by the time you get the maids and all the people that come to work, the people have gone and left in the morning, and so there is plenty of parking. They have provided for a night clerk in addition to the parking spaces for the people. The color scheme was discussed and .basically it would be in a natural tone. Regarding the signage, it will b.e a monument sign at the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL intersection of Allen Street and Gentry .Way. Continued testimony between Commissioner MacCoy and Mr. Towle regarding the color of the building resulted in, that, Mr. Towle would get back to them with the color the building would be. 5. Wanda Buckert testified at the hearing as follows. Ms. Buckert's main concern was the traffic. She suggested a light be put up on Magic View and Eagle Road to help with the extra traffic flow. It was her understanding that more property had been sold to doctors around the development, and her concern was over being able to turn left with the new road. She suggested a stop sign, four way stop, or light to help with traffic flow. Commissioner Nelson noted this was a valid concern that Ms . Buckert had, but that Eagle Road would probably never have a light. Discussion over this issue continued between Ms. Buckert and Commissioner MacCoy and Commissioner Borup. Commissioner MacCoy addressed the fact that the ACHD were dragging their feet, and when more businesses come in for development, then they would re- address the issue of the streets, signs, and everything. That leaves the matter presently in limbo. Ms. Buckert again addressed her concern over the extra traffic. Commissioner MacCoy noted the fact with the new business coming in that maybe ACHD can be approached with this issue once again. Commissioner Borup addressed the fact that the ACHD was proposing another access up at the light on the north end of the subdivision, but he was not FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL sure when it would happen. They are also considering going back and tying into Magic View. He also noted this would be for the people coming out of the subdivision so they can go up to the light. Ms. Buckert noted the area she was speaking of is where it would cross Magic View to Allen Street. They would still have to make a left turn; this would be the new street. 6. Mr. Towle approached the. Commission again by adding the following comments to his testimony for the evening. He noted that ACHD did not address their traffic issue, and they have left it at having a stop sign at the end of Allen Street before arriving at Magic View, or whatever it is there. He feels ACHD would do what is necessary after review of their traffic studies when it begins to develop more in the area. Mr. Towle stated, "I think that they'll end up with a signal there sometime but nobody has said anything and we were in staff trying to work out just Gentry Way and nothing was said on the other." 7. Commissioner de Weerd's final comment for the evening, to Ms. Buckert, was over the fact that at the City level they have no control, and she felt it would be very helpful to make their concerns known to the ACHD., and if need be, continue to pester them. Ms. Buckert noted that ACHD told her that Meridian City has to okay the lights, traffic and whatever. She has spoke with the City and she was told they were going to have a meeting, but as yet have not had one. 8. Bruce Freckleton, Assistant to the City Engineer, FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 6 FOR A THREE STORY MOTEL addressed the Commission with the following comment. With regard to the legal description submitted for the annexation, the surveyor noted there were some conflicts with monumentation on the ground versus his survey. He was going to be preparing a new legal description. This legal would be based on field survey, and he would like to incorporate the new legal description in the annexation ordinance. Commissioner Borup noted it needs to be included in the Findings as a condition on the annexation. Commissioner MacCoy added the comment that it would be added. 9. Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Assistant to the City Engineer submitted general and site specific comments, which respective comments are as follows. GENERAL COMMENTS• 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Ordinance Section 11-2-414.D.3. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 6. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 7. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. 9. The conditional use permit shall be subject to review upon notice to the Applicant. SITE SPECIFIC COMMENTS• 1. Sanitary sewer service to the proposed site could be extended from the existing main line installed in Magic View Drive north of this project. 2. Water service to the proposed site could be extended from the existing water main line installed along the easterly side of Eagle Road. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 3. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 4. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection to the third floor of the hotel building. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL 5. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 6. A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Please provide square footage of pavement so quantity required to be 3-inch minimum can be determined. Please revise the landscape plans so landscape schedule matches call outs on plan. 7. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 8. A minimum 35-foot-wide landscape setback beyond required right-of-way on Eagle Road and I-84 should be made a condition of annexation. The setbacks shown appear to meet this requirement. 9. A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. 10. No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 11. The Planning and Zoning Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 12. Parking requirements for a motel/hotel are one per room and one for each two employees. Sixty-eight FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL spaces were counted on the plans. It would seem that more than two employees would be on site at any one time. 13. A screened trash enclosure needs to be provided and depicted on the plans. Coordinate the location and sizing requirements with Sanitary Services, Inc. 14. Gentry Way, north of this property, was never constructed and was approved to be vacated by the Meridian City Council in November of 1997. The status of the vacation is unknown; apparently the vacated roadway would be returned to the owner of the property to the north. It would be desirable for a driveway to be constructed along the northerly property line, and for additional parking to be provided for along the driveway. 10. The Meridian Fire Chief, Kenny Bowers, submitted the following comments. He is requiring that all codes, water requirements and the placement of fire hydrants be met. Additionally, a 20 foot driving access all around the building will need to be met. 11. The Meridian Chief of Police, Bill Gordon, commented that it was needed. 12. The Central District Health Department added the following comments. After written approvals from the appropriate entities are submitted, they will approve this application for central sewage and central water. The plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. A plan review will have to be submitted regarding any swimming pools or spas. They recommend that stormwater be pretreated through a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of the project should obtain current best management practices for stormwater disposal and design a stormwater management system that will prevent groundwater and surface water degradation. Manuals for guidance were also suggested. 13. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 14. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL 418 of the Zoning and Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The property is zoned (C-G) General Retail and Service Commercial. The (C-G), General Retail and Service Commercial is described in the Zoning Ordinance, 11-2-408 B 11 as follows: (C-G) General Retail and Service Commercial- The purpose of the (CG) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. 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." 6. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL prescribe a set time period for which a conditional use may be in existence. 7. 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. 8. 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. 9. Section 11-2-418 C of the Zoning and Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL b. The use would be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. The use is designed and is to be constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use will not be hazardous or disturbing to existing or future neighboring uses. Further, the Applicant should be required to submit proposals for all lighting and also submit their plans for all types of signage, regardless of type and variety. Further, these conditions should be made requirements of the Development Agreement. The Applicant shall be required to enter into a Development Agreement before the annexation and zoning and the conditional use permits are granted; 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 additional public costs. g. The use will not involve activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property, which as designed will not create an interference with traffic on surrounding public streets. This should also be a condition of the Development Agreement and required to be entered into by the Applicant before any approvals are granted. i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. It is recommended that the conditional use permit be granted in this case for the above reasons. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL 10. Conditions may be placed upon the granting of a conditional use permit if it is determined that the permit should be issued, to minimize adverse impact on other development. It is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use are required, if a permit is issued, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The Applicant shall meet the requirements and comments of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Central District Health Department and Nampa & Meridian Irrigation District and other governmental agencies submitting comments; c. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; d. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements; e. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. f. All signs must meet the requirements of the Uniform Sign Code and the Meridian City Ordinance, in addition, flashing signs and temporary signs will not be permitted. All signs are subject to review. In addition to the Meridian Sign Ordinance, the Meridian City Council must approve all signage of and tXpe. Sign permits are to be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL obtained prior to construction. Upon three days notice to any tenant, the City of Meridian will remove any unauthorized signage. g. Applicant per City applicant with the Services, impede fi will provide a screened trash enclosure Ordinance Section 11-2-414.A.3. The shall coordinate dumpster site locations City's solid waste contractor, Sanitary Inc., locating dumpsters so as not to re access. h. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan. designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord.557, 10-1-91) for all off street parking areas. All site drainage shall be contained and disposed of on- site. All driveway and parking stall dimensions shall comply with Meridian City Ordinance. i. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to comply with pretreatment requirements as determined by the Meridian Wastewater Department, and enter into an Assessment Agreement with the City of Meridian. j. The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public, as determined by the City of Meridian. k. Significant changes from the site plan approved under this conditional use permit, as determined by the Planning and Zoning Administrator, will require re-noticing and rehearing before the Planning and Zoning Commission and Council. 1. It shall be a condition of the conditional use permit that the Applicant enter into a Development Agreement with the City of Meridian. The conditional use permit shall not be granted or become effective until the Development Agreement is executed and recorded. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL 11. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 12. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER de WEERD COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMAN MacCOY (TIE BREAKER) VOTED VOTED VOTED ~ b VOTED L ~,,~~ ' VOTED .~-- DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking requirements, and the paving and landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: 7-7-98 -- FINAL 1,~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL f s MERIDIAN CITY COUNCIL MEETING: FEBRUARY 2, 1999 APPLICANT: KANTI PATEL ITEM NUMBER: 10 REQUEST: DEVELOPMENT AGREEMENT /HOLIDAY INN EXPRESS ANNEXATION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: SEE ATTACHED AGREEMENT 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. DEVELOPMENT .AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 199_, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and I<ANTI PATEL, hereinafter called "DEVELOPER", whose address is 2600 Fairview Avenue, Boise, Idaho 83702. 1. RECITALS: 1.1 WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS, CITY has exercised its statutory authority by the enactment of Ordinance 11-2-416L and 11-2-417D, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of General Retail and Service Commercial (C-G) , 11-2-408 (11) (Municipal Code of the City of Meridian), with a conditional use permit and has submitted a site plan in connection with the development of the property, which site plan is subject to specified terms and conditions, has been recommended for approval by the Meridian Planning &. Zoning Commission to the Meridian City Council; and 1.5 WHEREAS, DEVELOPER made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT PAGE KANTI PATEL /HOLIDAY INN EXPRESS MOTEL 1.6 WHEREAS, record of the proceedings request for annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 4`h day of August, 1998, has approved certain Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose ensuring that the property is developed and the subsequent use of "the Property" is in accordance with the terms and conditions of this development agreement, herein been established as a result of evidence received by the City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT PAGE KANTI PATEL /HOLIDAY INN EXPRESS MOTEL NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance General Retail and Service Commercial (C-G~ codified at section 11-2-408 (11) Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. DEVELOPMENT IN CONDITIONAL USE: DEVELOPER has submitted to CITY an application for conditional use permit, and shall be required to obtain the City's approval thereof, in accordance to the City's Zoning ~ Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBTECT PROPERTY: 5.1 DEVELOPER shall develop subject Property including the obtainance of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 5.1.1 That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit A, DEVELOPMENT AGREEMENT PAGE KANTI PATEL /HOLIDAY INN EXPRESS MOTEL construct a three story motel as specified on the preliminary plat. 5.1.2 This application is for a parcel of land at the northwest corner of the intersection of S. Eagle Road and I-84, south of (but not immediately adjacent to) the newly constructed Jackson's Food Store. The legal description for annexation included in the application appears to describe the subject site. Applicant's surveyor has noted in his legal description that there are conflicts between monumentation on the ground, and mapping for the construction of the interstate, and that has been prepared. The revised legal description shall be written to place this site contiguous to the Corporate City Limits of the City of Meridian. (Ord. No. 660, 8/2/94). 5.1.3 Any existing irrigation drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 5.1.4 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.5 Although the cover sheet indicates the proper request for zoning of C-G (General Commercial), the narrative refers to a zoning of C-2, which is the Highway Commercial Zone in Ada County. All statements made in the application should be corrected for the file. 6. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, notify the City Engineer and request the City Engineer's inspections and - written approval of such completed improvements or portion thereof in DEVELOPMENT AGREEMENT PAGE 4 KANTI PATEL /HOLIDAY INN EXPRESS MOTEL accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67- 6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. 8. REQUIREMENT FOR RECORDATION: CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. If for any reason after such recordation, the. City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the CITY shall execute and record an appropriate instrument of release of this Agreement. 9. ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. DEFAULT 10.1 In the event DEVELOPER, DEVELOPER'S heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be DEVELOPMENT AGREEMENT PAGE 5 KANTI PATEL /HOLIDAY INN EXPRESS MOTEL modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by CITY of any default by DEVELOPER of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of CITY or apply to any subsequent breach of any such or other covenants and conditions. 11. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 In the event of a material breach of this Agreement, the parties agree that CITY and DEVELOPER shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure may be cured shall be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. SURETY OF PERFORMANCE: The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure that installation of the improvements, and the DEVELOPER agrees to DEVELOPMENT AGREEMENT PAGE 6 KANTI PATEL /HOLIDAY INN EXPRESS MOTEL provide such, if required by the CITY. 13. CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased developed; in any event, no Certificate of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 14. ABIDE BY ALL CITY ORDINANCES: That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 15. Notices: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer City of Meridian City 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Cleric City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 Kanti Patel 2 600 Fairview Avenue Boise, Idaho 83702 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT PAGE ~ KANTI PATEL /HOLIDAY INN EXPRESS MOTEL 16. Attorney Fees• Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. Time is of the Essence• The parties hereto aclcno~vledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. Binding upon Successors: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. 19. Invalid Provision If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER'S development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 20. Final Agreement This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express DEVELOPMENT AGREEMENT PAGE g KANTI PATEL /HOLIDAY INN EXPRESS MOTEL or implied, between DEVELOPER and CITY, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect tc CITY, to a duly adopted ordinance or resolution of CITY. 20.1 No condition herein provided can be modified or amended in connection other than as provided for herein and after public hearing by the City Council, in accordance with the notice provisions provided for zoning designation or amendment under enforcement at the time. 21. Effective Date of Agreement This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. DEVELOPMENT AGREEMENT PAGE KANTI PATEL /HOLIDAY INN EXPRESS MOTEL ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. BY ~ I<a i Patel Attest: BY RESOLUTION NO. CITY OF MERIDIAN BY: Mayor Robert D. Corrie Attest: City Clerlc BY RESOLUTION NO. DEVELOPMENT AGREEMENT PAGE 10 KANTI PATEL /HOLIDAY INN EXPRESS MOTEL STATE OF IDAHO) :ss COUNTY OF ADA) On thi~,~ day of I~~r~ in the year 199, before me, ~ ~TYt, , a Nota Public, personally appeared I~anti Patel lcn vn or identified to me, to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. ,~~..••G~BL'~L'' s~yy, * ,... s* '. pUBLZG j` Nota Public for Idaho Commission expires: ~ '` ~''~. ?'E OF 1~ ~~`~~ STATE OF IDAHO) as County of Ada On this day of in the year 199_, before me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Commission expires:- msg~D:UvlyFiles~Ieridian City File~.greementUCANTI PATEL HOLIDAY DAY INN EXPRESS DEVELOPMENT AGREEMENT.wpd DEVELOPMENT AGREEMENT PAGE 11 KANTI PATEL /HOLIDAY INN EXPRESS MOTEL EXHIBIT A Legal Description Of Pro~ert~ DEVELOPMENT AGREEMENT PAGE 12 KANTI PATEL /HOLIDAY INN EXPRESS MOTEL p ~ ~ ~ O ~ .ANN -~ W ~~ ~~~ tV ~O 7 mr~ ~ w~ WrWsN ~' G~ ~I ~ a -+, .A N z m ~ . ~ ~ ~ ~ ' s a < ~' N <, O N ~ c; ,(~ 0 f0• to ,000 (O N ~ ~ C ~° N "v cp fD ~' ~, ci w n ~. ~ o ~° cD Q' 'n ~p Q '~'~ -+' ~ ° N ~ `G ~?~~SCWJi~cOn cow ~cn'°, ~~n~in: N ~ '~ N ~ ~ ~ ~ ~p N Q. fD ~ ,.~. ~C 3. .~ (D O O Q .~+, (D rnD c~~ rn~o,~~ O ~ ~ O -~ N ~ ~ ~~ fnn.~-Oy, ~ Or W r* ~ ~s° cn ~rn ~ ~~'fii O ~ ~ c~ O = ~ cn O> >'~ °~°~cn ~ ~ ~ s (D -O+, rn ~ ~' cn ~v O _a o ~ ~ o ~~ co . ~. ~ tQ. O -Oi, (~ N ~ N O ~ (O ~~ ~o 2 ~ N O .-a ~ O N N rn ~~ cn" °, rn o ~ O °-, ~' o _ o co ~ Z~> > > ~3 ° ~ ~m Q. rn D ~ ~ rn~ co ~ oco DN z~ ~N a z~ ~ w ~ Qoo o rn~~ ~ Z~ ~ In ~.N '~Q~. ~ ~, ~ oo co . ff ° ""' ~ -Oi, (D .tea `'*6 7_~' N O• ~ . O~ ~. .. O pOj 7~ O N ~' O -w (D ~ ~ N to Q- (A ~p ..« ~. O~ ~ O 3 ~~_~ .~ O O ~ (D N (D 7 -h rt .~-r rt (D j' ~ N m ~'~ ~m m c~ ~.o ~p -~ O O -a W = ~ ~; a; N ~, ,~ c -p o -~ rt ~S d. ~ y 'N ~ ~ y C O ~ ; "~ ~ N -Oi, ~ N .-. rnN !~ Nu,~m EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of AFFroval DEVELOPMENT AGREEMENT PAGE 13 KANTI PATEL /HOLIDAY INN EXPRESS MOTEL BEFORE THE MERIDIAN PLANNING AND ZONING COIrIIriISSION XANTI PATEL ANNEXATION AN'D ZONING OF 1.66 ACRES TO C-G BETWEEN I-8~, EAGLE ROAD, GENTRY WAY AND ALLEN STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 17, 1998, at the hour of 7:00 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant's representative, Rocky Towle, appearing ir. person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 17, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 17, 1998, hearing; that the public was given -full opportunity to express comments and submit evidence; and that copies of all notices were FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE' 1 KANTI PATEL ANNEXATION AND ZONING (C-G) availab~e to newspaper, radio and television stations; 2• That the property included in the application: for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately ?.66 acres in size; it is between I-84, Eagle Road, Gentry way and Allen Street. 3. That the property is presently zoned by the county as RT (Rural Transition) and the proposed use would be for C-G General Retail and Service Commercial development. 4. That the City of Meridian desires to annex and zone property to allow any development to be under the City's jurisdiction. This would save money on land use application and building permit fees that would otherwise go to Ada County. 5. The general area surrounding property is used agriculturally, and for some residential properties. 6. That the property is adjacent and abutting to the present City limits. 7. The Applicant is the owner of the property and has requested the annexation. The application is not at the request of the City of Meridian. 8. Rocky Towle testified substantially at the hearing that the construction of the three story motel would border the I-84 on-ramp, Eagle Road, Allen Road and Gentry Road off of Eagle Road by the freeway. They have covered the areas of process, but there remains a couple of items on the site plan that need to be addressed. The columns extend into the thirty-five foot setback, FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 KANTI PATEL ANN'LXATION AND ZONING (C-G1 oL which, they have provided additional landscaping for the encroachment. The ACRD wants a 41-foot back-up curb down Allen Street. On the west side they are to do curbs, gutters, sidewalks and a 24-foot paving strip. On Gentry Way, t'_ze ACH7 wants the same thing, with a 58-foot right-of-way, but this is a dead end street. 'they wanted this area vacated, but the previous owner and the applicant went through both the City and AC_~. ACRD said that the previous owner was to obtain an appraisal and they would sell the ground to the applicant. At the ACHD, the tech -staff have backed their position, but the right-of-way department says they need to pay the full price for it. If it could be purchased reasonably then they would just purchase the ground- If they have to dedicate to the ACxD four feet on Allen way and Gentry Way, then they have actually relocated the motel. The difference is that a 24-foot setback has been designed rather than the 20-toot setback, and a 16-foot setback instead of the 12-foot setback. The adjustment is for bringing the sidewalk around and they`ve narrowed the driveway to stay within the 35- foot setback. Pertaining to the parking, there are 69 parking stalls and 67 rooms. Parking shouldn`t be a problem since maid service and employees come in around 8:00 and the business people leave before 8:00. Ada County Highway District`s requirements are from Magic View down to where their property Starts, down to Gentry Way, that they have a 24-foot asphalt driveway. From there on down they have to have the 24-foot plus curbs, gutters and sidewalk. No curb and gutter before Gentry Way. Discussion FINDINGS OF FACT AND CONCLUSIONS OF LAW - GAGE 3 KANTT PATEL ANNEXATION AND ZONING (C-G) between Mr. Towle and Commissioner Borup pertained to the ingress and egress tha*_ would be out to Magic View and then on to Eagie. 9. Commissioner de weerd addressed the matter of where the trash area would be placed. Mr. Towle noted it would probably be on the north side in a contained, enclosed area. With regard to the iiahting, an engineer will handle the lighting. The lighting is to be directed sa it maintains on the site. Bruce Freckleton addressed Commissioner de Weerd's lighting issue by noting the cut off lighting is something that they have been looking at and he proposed they just take a look at it when the plans come through. 10. Commissioner Smith questioned the architectural shingles. Mr. Towle noted they would be architectural grade asphalt shingles. Comments on the exterior finish were that it would either be a synthetic stucco or a drivit system.. Additional comments pertained to either the purchase of all of Gentry Way or half of it, and with that the motel would move back. Mr. Towle addressed Commissioner Smith's comments over the parking spaces for employees by noting if you have one parking-stall for every room you have more than enough parking to cover the motel, and by the time you get the maids and all the people that come to work, the people have gone and left in the morning, and so there is plenty of parking. They have provided for a night clerk in addition to the parking spaces for the people. The color scheme was discussed and basically it would be in a natural tone. Regarding the signage, it would be FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 KANTI PATEL ANNEXATION AND ZONING (C-G) a monument sign at the intersection of Allen Street and Gentry Way. Continued testimony between Commissioner MacCoy and Mr. Towle regarding the color of the building resulted in, that, Mr. Towle would get back to th=m with the color the building would be. 1z. Wanda Buckert testified at the hearing as follows. Ms. Buckert's main concern was over the traffic. She suggested a light be put up on Magic View and Eagle Road to help with the extra traffic flow. It was her understanding that more property had been sold to doctors around the development, and her concern was over being able to turn left with the new road. She suggested a stop sign, four way stop, or light to help with traffic flow. Commissioner Nelson noted this was a valid concern that Ms. Buckert had, but that Eagle Road would probably never have a light. Discussion over this issue continued between Ms. Buckert and Commissioner MacCoy and Commissioner Borup. Commissioner MacCoy addressed the fact that the ACED were dragging their feet, and when more businesses come in for development, then they would address the issue of the streets, signs, and everything. That leaves the matter presently in limbo. Ms. Buckert again addressed the matter that her concern was over the extra traffic. Commissioner MacCoy noted the fact with the new business coming in that maybe ACRD can be approached with this issue once again. Commissioner Borup addressed the fact .that the ACfID is proposing another access up at the light on the north end of the subdivision, but he is not sure when it will happen. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE S KANTI PATEL ANNEXATION AND ZONING (C-G) They are also considering going back and .tying into Magic View, He also noted this would. be for the people coming out of the subdivision so they can go up to the light. Ms. Buckert nosed the area she was speaking of is where it would cross Magic View to Allen Street. They would still have to make a left turn, this would be the new street. 1Z. Mr. Towle approached the Comm_ssion again by adding the following comments to his testimony for the evening. He noted that ACHI7 did not address their traffic issue, and they have left it at having a stop sign at the end of Alien Street before arriving at Magic View, or whatever it is there. He feels ACP:D will do what is necessary after review of their traffic studies whey, it begins to develop more in the area. Mr. Towle stated, "I think that they'll end up with a signal there sometime but nobody has said anything and we were ir. staf: trying to work out just Gentry Way and nothing was said on the other." 13. Commissioner de Weerd~s final comment for the evening, to Ms. Buckert, was over the fact that at the City level they have no control, and she felt it would be very helpful to make their concerns known to the ACRD, and if need be, continue to pester them. Ms. Buckert noted that ACiiD told her that Meridian City has to okay the lights, traffic and whatever. She has spoke with the City and she was told they were going to have a meeting, but as yet nave not had one. 14. Shari Stiles, Planning and Zoning Administrator, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 KANTI PATEL ANNEXATION AND ZONING (C-G) Bruce °reckleton, Assistant to the City Engineer submitted general and site specific comments, which general comments are as follows. iVEXATT 1. This application is for a parcel of 'and at the northwest corner of the intersection o~ S. Eagle Road and I-84, south of (but not immediately adjacent to) the newly constrscted Jackson's r^ood Store. The legal description for annexation included in the application appears to describe the subject site. Applicants surveyor has noted in his legal description that there are conflicts between monumentation on the ground, and mapping for the construction of the interstate, and that a new legal will be prepared after a field survey has been prepared. The revised legal description shall be written to place this site contiguous to the Corporate City Limits of the City of Meridian (Ord. No 660, S/2/94}. 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the. site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project . 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Although the cover sheet indicates the proper request for zoning of C-G (General Commercial}, the narrative refers to a zoning of C-2, which is the Highway Commercial zone in Ada County_ All statements made in the application should be corrected for the file. S. A development agreement is required as a condition of annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 KANTI PATEL ANNEXATION AND ZONING (C-G} 15. The Meridian Fire Chief, Kenr_y Bowers, submitted the following comment that they had no problem with this annexation and zoning. 16. The Meridian Chief o~ Police, Bill Gordon, had no comment . I7. The Central District Health Department added the following comments. After written approval from the appropriate entities are submitted, they will approve this application for central sewage and central water. The plans for central sewage and c_ntral water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 18. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian_ 19. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 20. That the Application requests that the parcel be annexed and zoned C-G General Retail and Service Commercial District; that the present use of the property is vacant pasture; that the Applicant indicated that the intended use of the property would be for a three story motel. 21. That the property can be serviced with City water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 KANTI PATEL ANNF.~~ATION AND ZONING (C-G) 22. That the C-G, General Retail and Service Commercial District is described in the Zoning Ordinance, 11-2-408 B. li as follows: 1C- _) G~.NF'RAr RETAIL ERVICE COMMERCIAL - The purpose of she (C-G} District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 23. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 24. There was no further testimony at the hearing. CONCLUSIONS 1. That 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 Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho ~Q~, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legisla;.ive function. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 KANTI PATEL P.NNEXATION AND ZONING (C-G) ?. That the Planning and zoning Commission has judged this annexation and zoning application. under Section So-222, Idaho .ode, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Pian, as amended, and the record submitted to it and things of which it can cake judicial notice. a. .That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the Applicant has initiated the annexation application. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of Land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer. 10. That proper and adecruate access to the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 KANTI PATEL ANNEXATION AND ZONING (C-G) available and will have to be maintained. 11• That since the Applicant's property is in the Mixed Land Use section of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies.. 13. That a condition of annexation and zoning of the proerty is that the applicant shall enter into a development agreement with the City, which shall include but not be limited to all staff comments submitted with this application and all other government agencies submitting comments. The development agreement shall be entered into and recorded prior to the final plat approval and prior to the issuance of any building permits. 14. It is further concluded that any comments, recommendations and requirements of the City Engineer, the Planning and Zoning Administrator, The Planning and Zoning Commission, all other Meridian Departments submitting comments and all other government agencies submitting comments shall be complied with in order to obtain annexation and zoning of the Property noted herein. Therefore, based on the Application, these Findings of Fact and Conclusions of Law, and the Ordinances of the City of Meridian, it is ultimately concluded that the Applicant's property should be annexed and zoned C-G and all representations shall be met; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council Level; that such annexation would be orderly development and reasonable if the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11 KANTI PATEL ANNEXATION AND ZONING {C-G) conditions are met. 15. With compliance of the conditions contained herein, the annexation and zoning would be in the best interest of the City of Meridian. i6. That if the conditions of approval are not met the property shall be subject to de-annexation. APPROVAL, OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER Keith Borup VOTED COMMISSIONER Byron Smith VOTED COMMISSIONER Mark Nelson VOTED /~sh..~ COMMISSIONER Tammy de weerd VOTED ~-~ CHAIRMAN Malcolm MacCoy {TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 12 KANTI PATEL ANNEXATION AND ZONING {C-G) DECISION AND RECO~NDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian tinat they approve the annexation and zoning as stated. above in the Conclusions for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant be specifically required to meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED:_~(~ DISAPPROVED: PATEL RANPZ C-G BF CL 7-7-98 -- Final ~/f~`1~$ FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 13 KANTI PATEL ANNEXATION AND ZONING {C-G) APPROVAL OF FINDINGS OF FACT AND CONClUS10NS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this 4th day of August, 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON MAYOR CORRIE (TIE BREAKER) (INITIAL} APPROVED - VOTED_~~ VOTED VOTED VOTED VOTED DISAPPROVED _ FiND1NGS OF FACT AND CONCLUSIONS OF LAW -ANNEXATION $~ ZONING FOR KANTI PATEL ~* TOTAL PAGE. 14 ** ('._ ~~ CITY OF MERIDIAN ORDINANCE NO. 798 ~~~'~~~ AUG 1 ~ 1998 CITY OF MERIDIAN AN ORDINANCE FINDING THAT CERTAIN LAN D ANS COUNTYUOF ADA, SDTATEEOF TO THE CITY LIMITS OF THE CITY OF MER , IDAHO; AND FINDING THAT THE OWNER ND THATI SAID AND BE ANNEXED ANNEXATION IN WRITING TO THE COUNCIL, A TO THE CITY OF MERIDIAN AND ZONING DING THAT DSAIDN ANDS, BYTPROPER SERVICE COMMERCIAL (C-G); AND DECLAR BE A PART OF THE CITY OF LEGAL DESCRIPTION AS DESCRIBED BELOW, MERIDIAN, COUNTY OF ADA, STATE OF IDA OF~ NE CONFL CT HEREW THN AND RESOLUTIONS, ORDERS OR PARTS THERE DIRECTING THE CITY ENGINEER TO ADD N I p R ~P NG THEOCLERKOOF TIRE MAPS OF THE CITY OF MERIDIAN, IDAHO, A CITY OF MERIDIAN TO FILE A CERTIFIED COPY OOUNTY RDICORDER,NAUDITOR, THE AREAS TO BE ANNEXED WITH ADA TREASURER AND ASSESSOR, AND THE STATEN 50 2203 ANID SOECTOION 63-2215TE OF IDAHO, PURSUANT TO IDAHO CODE SECTIO BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINpINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to-wit: A parcel of land being a portion of the E '/2 of Section ion of Sot 13 of the B.M., Ada County, Idaho said parcel also being a port Amended Magic View Subdivisiohoaa dl bein more partu arty des cbed 4445, records of Ada County, Ida 9 as follows: Commencing at a Brass cap marking the E'/4 of Section 17, T. 3N., R. 1 ., B.M., Ada County, Idaho; 1 KANTI PATEL ANNEX AND ZONE ORDINANCE OF 1.66 ACRES TO C-G Thence N. 63°55'56" W. 35.55 feet to a point; Thence N. 2°00'57" E. 43.87 feet to a point; Thence N. 0°22'33" W. 45.00 feet to a point; Thence S. 89°37'27" W. 89.37 feet along the centerline of Gentry Way to a point on the northwesterly right of way of Interstate 84, said point being the POINT OF BEGINNING of this description; Thence leaving said centerline of Gentry Way S, 35°43'47" W. 127.97 feet along the northwesterly right of way of Interstate 84 to a point; Thence S. 79°18'50" W. 116.60 feet along the northwesterly right of way line of Interstate 84 to the beginning of a tangent curve to the left; Thence continuing along said right of way line of Interstate 84 and along the arc of said curve to the left having a radius of 1043.93 feet, a central angle of 23°53'24", a length of 435.27 feet, a long chord bearing of S. 67°15'48" W. 432.13 feet to a point on the centerline of Allen Street; Thence leaving said right of way line of Interstate 84 and continuing N. 0°21'33" W. 288.83 feet along said centerline of Allen Street to the a point on said centerline said Gentry Way; Thence leaving said right of way line of Gentry Way and continuing N. 89°37'27" E. 589.68 feet along said centerline of Allen Street to said POINT OF BEGINNING. Said parcel contains 2.13 acres more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned City General Retail and Service Commercial (C-G). . KANTI PATEL ANNEX AND ZONE ORDINANCE OF 1.66 ACRES TO C-G 2 SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 6: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 7: The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50- 223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of August, 1998. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of August, 1998. MAYOR ATTEST: CITY CLERK 081798 --Final KANTI PATEL ANNEX AND ZONE ORDINANCE OF 1.66 ACRES TO C-G 3 CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and. Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the City of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. 798, passed by the City Council of the City of Meridian, on the day of August, 1998, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. WILLILAM G. BERG, JR. STATE OF IDAHO, ) ss. County of Ada, ) On this day of August, in the year 1998, before me, a Notary Public, appeared WIILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN MERIDIAN CITY COUNCIL MEETING: August 18 1998 APPLICANT: KANTI PATEL ITEM NUMBER: REQUEST: CONDITIONAL USE PERMR FOR 3 STORY MOTEL AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 8/4/98 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. R~.eoRO~~ • ~ 4s~r o~ _ .. ',~A CG.,>!TY RECORI}CR n'~ ~. r~,4~~~ ~a~A~~o ~~~~ F~~~D ~ ___.__..._-. ,,,.-,,, s ~t,,,~11 DEVELOPMEN ~.~~~~ ? ~ ~ O_ i ,;~ I~ ~ L is mad THIS DEVELOPMENT AGREEMENT (this "Agreement"), ~~~~ ~ ~ ~~~~ and entered into this Z N~ day of Febl~u-a ~1 , 199 ~ , by and between CITY OF MERIDIAN, a municipal corporation of the State of Ic~a~oy; ~~ . ~ ~ci~~~~G hereafter called "CITY", and I<ANTI PATEL, hereinafter called "DEVELOPER", whose address is 2600 Fairview Avenue, Boise, Idaho 83702. 1. RECITALS: 1.1 WHEREAS, DEVELOPER i d hn the Countr of AdaaS~te of equity, of certain tract of lan Y Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or developer make a written commitment concerning the use or development of the subject property; and 1.3 WHEREAS, CITY has exercised its statutory authority by the enactment of Ordinance 11-2 ment u on the annexation and/or authorizes development agree p re-zoning of land; and 1.4 WHEREAS, DEVELOPER has submitted an application for annexation and zoning of the Property's described in Exhibit A, and requested a designation of General Retail and Service Commercial (C-Gl , 11-2-408 (11) (Municipal Code of the City of Meridian), with a conditional use permit and has submitted a site plan in connection with the development of the property, which site plan is subject to specified terms and conditions, has been recommended for approval by the Meridian Planning & Zoning Commission to the Meridian City Council; and 1.5 WHEREAS, DEVELOPER made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and PAGE DEVELOPMENT AGREEMENT KANTI PATEL /HOLIDAY INN EXPRESS MOTEL 1.6 WHEREAS, record of the proceedings request for annexation and zoning designation of the subject Property held before the Planning ~ Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 4`'' day of August, 1998, has approved certain Findings of Fact and Conclusions of Law of the Planning and Zoning Commission and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the DEVELOPER enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this Agreement- and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, CITY requires the DEVELOPER to enter into a development agreement for the purpose ensuring that the property is developed and the subsequent use of "the Property" is in accordance with the terms and conditions of this development agreement, herein been established as a result of evidence received by the' City in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Zoning and Development Ordinance codified in Title 11, Municipal Code of the City of Meridian. DEVELOPMENT AGREEMENT PAGE KANTI PATEL /HOLIDAY INN EXPRESS MOTEL NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. USES PERMITTED BY THIS AGREEMENT: 3.1 The uses allowed pursuant to this Agreement are those uses allowed under CITY's Zoning Ordinance General Retail and Service Commercial (C-G) codified at section 11-2-408 (11) Municipal Code of the City of Meridian. 3.2 DEVELOPER agrees that this Agreement specifically allows only the uses and/or conditional uses described in the above referenced Zoning Ordinance on the date thereof and which uses are specifically incorporated herein. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. DEVELOPMENT IN CONDITIONAL USE: DEVELOPER has submitted to CITY an application for conditional use permit, and shall be required to obtain the City's approval thereof, in accordance to the City's Zoning ~ Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBTECT PROPERTY: 5.1 DEVELOPER shall develop subject Property including the obtainance of the appropriate permits and compliance with CITY ordinances regarding the building permits and other life safety codes applicable to such development in accordance with the following special conditions: 5.1.1 That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit A, DEVELOPMENT AGREEMENT PAGE KANTI PATEL /HOLIDAY INN EXPRESS MOTEL construct a three story motel as specified on the preliminary plat. 5.1.2 This application is for a parcel of land at the northwest corner of the intersection of S. Eagle Road and I-84, south of (but not immediately adjacent to) the newly constructed Jackson's Food Store. The legal description for annexation included in the application appears to describe the subject site. Applicant's surveyor has noted in his legal description that there are conflicts between monumentation on the ground, and mapping for the construction of the interstate, and that has been prepared. The revised legal description shall be written to place this site contiguous to the Corporate City Limits of the City of Meridian. (Ord. No. 660, 8/2/94). 5.1.3 Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Worlcs Department. No variances have been requested for tiling of any ditches crossing this project. 5.1.4 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5.1.5 Although the cover sheet indicates the proper request for zoning of C-G (General Commercial), the narrative refers to a zoning of C-2, which is the Highway Commercial Zone in Ada County. All statements made in the application should be corrected for the file. 6. INSPECTION: DEVELOPER shall, immediately upon completion of any portion or the entirety of said development of the Property, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in DEVELOPMENT AGREEMENT PAGE 4 KANTI PATEL /HOLIDAY INN EXPRESS MOTEL accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon failure of DEVELOPER or DEVELOPER's heirs, successors, assigns, to comply with the commitments contained herein within two (2) years, and after complying with the notice and hearing procedures as outlined in § 67- 6509, Idaho Code, or any subsequent amendments or recodifications thereof. Provided, however, no such consent to rezone shall. occur unless CITY provides written notice of any failure to comply with this Agreement to DEVELOPER and DEVELOPER fails to cure such failure within six (6) months of such notice. The two (2) year period of time for compliance may be extended by CITY for just cause and upon notification for such by DEVELOPER, and after complying with the notice and hearing procedures as outlined in § 67-6509, Idaho Code, or any subsequent amendments or recodifications thereof. g. REQUIREMENT FOR RECORDATION: CITY shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at DEVELOPER'S cost, and submit proof of such recording to DEVELOPER, prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the CITY shall execute and record an appropriate instrument of release of this Agreement. g. ZONING: CITY shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 10. DEFAULT 10.1 In the event DEVELOPER, DEVELOPER'S heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connections with the Property, this Agreement may be DEVELOPMENT AGREEMENT PAGE 5 KANTI PATEL /HOLIDAY INN EXPRESS MOTEL modified or terminated by the CITY upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by CITY of any denditions Dhereof sOhall apply solely for more of the covenants or co the breach and breaches waived and s ubse uent breachtof anyhts or remedies of CITY or apply to any s q such or other covenants and conditions. 11. REMEDIES. This Agreement shall be enforceable in any court of competent jurisdiction by either CITY or DEVELOPER, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an approprivenantso, a reements,n equity to secure the specific performance of the co g conditions, and obligations contained herein. 11.1 In the event of a material brea PER shall ha ve thirty (30) days agree that CITY and DEVELO after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured mmence tto cure the30 day period, if the defaulting party shall co within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time within such failure may be cured letb the curang of the same period as may be necessary to co p with diligence and continuity. 11.2 In the event the performance of any cCITYns delaeedefo~r auses hereunder by either DEVELOPER or Y which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or bmthe amount of time of r such performance shall be extended y such delay. 12. SURETY OF PERFORMANCE: The CITY may also require surety bonds, irrevocable letters of credit, cash 606sCs f the Revised and negotiable bonds, as allowed under 11 9 Compiled Ordinances of the CI and he DEVELOPER agrees to installation of the improvements, PAGE 6 DEVELOPMENT AGREEMENT KANTI PATEL /HOLIDAY INN EXPRESS MOTEL provide such, if required by the CITY. 13. CERTIFICATE OF OCCUPANCY: That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased developed; in any event, no Certificate of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 14. ABIDE BY ALL CITY ORDINANCES: That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 15. Notices: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer City of Meridian City 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 I~anti Patel 2600 Fairview Avenue Boise, Idaho 83702 15.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT PAGE KANTI PATEL /HOLIDAY INN EXPRESS MOTEL ~ 16. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. Binding upon Successors: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. 19. Invalid Provision. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER'S development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 20. Final Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express DEVELOPMENT AGREEMENT PAGE g KANTI PATEL /HOLIDAY INN EXPRESS MOTEL 16. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 17. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. Binding upon Successors: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including CITY's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. CITY agrees, upon written request of DEVELOPER, to execute appropriate and recordable evidence of termination of this Agreement if CITY, in its sole and reasonable discretion, had determined that DEVELOPER has fully performed its obligations under this Agreement. 19. Invalid Provision. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein, except that if an provision of this Agreement is held not valid which DEVELOPER'S development of the Property, DEVELOPER may, at its sole discretion, declare this entire Agreement null and void of no force and effect and thereby relieve all parties from any obligations hereunder. 20. Final Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between DEVELOPER and CITY relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express DEVELOPMENT AGREEMENT PAGE 8 KANTI PATEL /HOLIDAY INN EXPRESS MOTEL ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. Attest: BY Ida i Patel BY RESOLUTION NO Z ~~ ~~~iJ ~UI,Gi?~l~~ CITY OF MERIDIAN BY: Attest: ;~,~ ~ Cit Clerk Y BY RESOLUTION NO. ~ ~ Robert D. Corrie ~++++++i~i++tE~rrt~, of `°~~, .~ w A _- sL - c UsT Ise ,, _ ~, P ,. ~. DEVELOPMENT AGREEMENT PAGE 10 KANTI PATEL /HOLIDAY INN EXPRESS MOTEL STATE OF IDAHO) :ss COUNTY OF ADA) On thi~,~ day of t~z°r~ in the year 199, before me, C I)')1, , a Nota Public, personally appeared I<anti Patel kn or identified to me, to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. ~o sue r * : -•- ~ • G pUB1r1 .,~~.q?,E of 1~ ~r~r STATE OF IDAHO) Nota Public for Idaho Commission expires: ~~ :ss County of Ada ) On this "I~ day of ~ ('f ~ in the year 199 1 ,before me, {~nqe I c~~ r~ s , a Notary ublic, personally appeared Robert D. Corrie and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. ~~~.......yM '~. ~. .~ b N 6~~~AR r i ..®~ ~r .~ s • 1'UBL~G ~-~®j ~ F 1~ P ~,,~ msg~slB~~s@ASler AGREEMENT.wpd ~, ; :, ~ ~ ~~ •.~, Notary Publi or Idaho ~r Commission expires: ~~ ~ ~ ~~ t~` ~~ idian Cite File~Agreement~KANT[ PATEL HOLIDAY DAY [NN EXPRESS DEVELOPMEN"C DEVELOPMENT AGREEMENT PAGE 11 KANTI PATEL /HOLIDAY INN EXPRESS MOTEL EXHIBIT A Legal Descr~tion Of Property DEVELOPMENT AGREEMENT PAGE 12 KANTI PATEL /HOLIDAY INN EXPRESS MOTEL A parcel of land being a portion of the E % of Section 17, T. 3N., R. 1 E., B.M., Ada County; Idaho said parcel also being a portion of lot 13 of the Amended Magic Vew Subdivision as filed in Book 52 of Plats at Page 4445, records of .Ada County, Idaho and being more particularly described as follows: Commencing at a Brass cap marking the E '/4 of Section 17, T. 3N., R. 1 E., B.M., Ada County. Idaho: Thence N. 2°00'57" E. 43.87 feet to a point; Thence N. 0°22'33° W. 45.00 feet to a point; Thence S. 89°37'27" W. 89.37 feet along the centerline of Gentry Way to a point on the northwesterly right of way of Interstate 84, said point being the POINT OF BEGINNING of this description; Thence leaving said centerline of Gentry Way S: 35°43'47° W. 127.97 feet along the northwesterly right of way of Interstate 84 to a point; Thence S. 79°18'50" W. 416.60 feet along the northwesterly right of way line of Interstate 84 to the beginning of a tangent~curve to the left; Thence continuing along said right of way line of Interstate 84 and along the arc of said curve to the left having a radius of 1043.93 feet, a central angle of 23°53'24°, a length of 435.27 feet, a long chord bearing of S. 67°15'48° W. 432.13 feet to a point on the centerline of Allen Street; Thence leaving said right of way line of Interstate 84 and continuing N. 0°21'33" W. 288.83 feet along said centerline of Allen Street to the a point on said centerline said Gentry Way; Thence leaving said right of way (ine of Allen Street and continuing N. 89°37'27° E. 589.68 feet along said centerline of Gentry Way to said POINT OF BEGINNING. Said parcel contains 2.13 acres more or less. EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Approval DEVELOPMENT AGREEMENT PAGE I3 KANTI PATEL /HOLIDAY INN EXPRESS MOTEL BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION KANTI PATF.L ANNEXATION AND ZONING OF 1.66 ACRES TO C-G BETWEEN I-84, EAGLE ROAD, GENTRY WAY AND ALLEN STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 17, 1998, at the hour of 7:00 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant`s representative, Rocky Towle, appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 17, 1998, the first publication of which was fifteen {15) days prior to said hearing; that the matter was duly considered at the June 17, 1998, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 KAN'I'I PATEL ANNEXATION AND ZONING (C-G) , availab~e to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 1.66 acres in size; it is between I-84, Eagle Road, Gentry Way and Allen Street. 3. That the property ie presently zoned by the county as RT (Rural Transition) and the proposed use would be for C-G General Retail and Service Commercial development. 4. That the City of Meridian desires to annex and zone property to allow any development to be under the City's jurisdiction. This would save money on land use application and building permit fees that would otherwise go to Ada County_ 5. The general area surrounding property is used agriculturally, and for some residential properties. 6. That the property is adjacent and abutting to the present City limits_ 7. The Applicant is the owner of the property and has requested the annexation. The application is not at the request of the City of Meridian. 8. Rocky Towle testified substantially at the hearing that the construction of the three story motel would border the I-84 on-ramp, Eagle Road, Allen Road and Gentry Road off of Eagle Road by the freeway. They have covered the areas of process, but there remains a couple of items on the site plan that need to be addressed. The columns extend into the thirty-five toot setback, FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 KANTI PATEL ANN'eXATION AND ZONING (C-G) oz which, they have provided additional landscaping for the encroachment. The ACRD wants a 41-foot back-up curb down A-ten Street. On the west side they are to do curbs, gutters, sidewalks and a 24-foot paving strip. On Gentry Way, the ACRD wants the same thing, with a 58-foot right-of-way, but this is a dead end street. They wanted this area vacated, but the previous owner and the applicant went through both the City and ACRD. ACRD said that the previous owner was to obtain an appraisal and they would sell the ground to the applicant. At the ACKD, the tech staff have backed their position, but the right-of-way department says they need to pay the full price for it. If it could be purchased reasonably then they would just purchase the ground. T_f they have to dedicate to the ACRD four feet on Allen way and Gentry Way, then they have actually relocated the motel. The difference is that a 24-foot setback has been designed rather than the 20-foot setback, and a Z6-foot setback instead of the 12-foot setback. The adjustment is for bringing the sidewalk around and they`ve narrowed the driveway to stay within the 35- foot setback. Pertaining to the parking, there are 69 parking stalls and 67 rooms. Parking shouldn't be a problem since maid service and employees come in around 8:00 and the business people leave before 8:00. Ada County Highway District's requirements are from Magic View down to where their property starts, down to have a 24-foot asphalt driveway. From Gentry way, that they there on down they have to have the 24-foot plus curbs, gutters and sidewalk. No curb and gutter before Gentry Way. Discussion _ PAGE 3 FKANTINPATSL ANNEXA2ION rJANDUZONINGOFCT.G) - between Mr. Towle and Commissioner Borup pertained to the ingress and egress tha*_ would be out to Magic View and then on to Eagle. 9. Commissioner de weerd addressed the matter of where the trash area would be placed. Mr. Towle noted it would probably be on the north side in a contained, enclosed area. With regard to the lighting, an engineer will handle the lighting. The lighting is to be directed so it maintains on the site. Bruce Freckletor. addressed Commissioner de Weerd's lighting issue by noting the cut off lighting is something that they have been looking at and he proposed they just take a look at it when the plans come through. 10. Commissioner Smith questioned the architectural shingles. Mr. Towle noted they would be architectural grade asphalt shingles. Comments on the exterior finish were tha~ it would either be a synthetic stucco or a drivit system. Additional comments pertained to either the purchase of all of Gentry Way or half of it, and with that the motel would move back. Mr. Towle addressed Commissioner Smith's comments over the parking spaces for employees by noting if you have one parking stall for every room you have more than enough parking to cover the motel, and by the time you get the maids and all the people that come to work, the people have gone and left in the morning, and so there is plenty of parking. They have provided for a night clerk in addition to the parking spaces *or the people. The color scheme was discussed and basically it would be in a natural tone. Regarding the signage, it would be FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 KANTI PATEL ANNEXATION AND ZONING (C-G) a monument sign at the intersection of Allen Street and Gentry Way. Continued testimony between Commissioner MacCoy and Mr. 2owle regarding the color of the building resulted in, that, Mr, Towle would get back to them with the color the building would be. 11• Wanda Buckert testified at the hearing as follows. Ms. Buckert's main concern was over the traffic. She suggested a light be put up on Magic View and Eagle Road to help with the extra traffic flow. It was her understanding that more property had been sold to doctors around the development, and her concern was over being able to turn left with the new road. She suggested a stop sign, four way stop, or light to help with traffic flow. Commissioner Nelson noted this was a valid concern that Ms. Buckert had, but that Eagle Road would probably never have a light. Discussion over this issue continued betweer_ Ms. Buckert and Commissioner MacCoy and Commissioner Borup. Commissioner MacCoy addressed the fact that the ACRD were dragging their feet, and when more businesses come in for development, then they would address the issue of the streets, signs, and everything. That leaves the matter presently in limbo. Ms. Buckert again addressed the matter that her concern was over the extra traffic. Commissioner MacCoy noted the fact with the new business coming in that maybe ACID car. be approached with this issue once again. Commissioner Borup addressed the fact t:rat the ACRD is proposing another access up at the light on the north end of the subdivision, but he is not sure when it will happen. FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL ANNEXATION AND ZONING (C-G) FACE S • They are also considering going back and .tying into Magic View. He also noted this would be for the people coming out of the subdivision so they can go up to the light. Ms. Buckert nosed the area she was speaking of is where it would cross Magic View to Allen Street. They would still have to make a left turn, t^is would be the new street. 12. Mr. Towle approached the Commission again by adding the following comments to his testimony for the evening. He noted that ACHD did -not address their traffic issue, and they have left it at having a stop sign at the end of Allen Street before arriving at Magic View, or whatever it is there. He feels ACHTJ will do what is necessary after review of }hei= traf~ic studies when it begins to develop more in the area. Mr. Towle stated, "I think that they' 11 end up with a signal there sometime but nobody has said anything and we were ir. staf= trying to work out just Gentry Way and nothing was said on the other." 13. Commissioner de Weerd's final comment for the evening, to Ms. Ruckert, was over the fact that at the City level they have no control, and she felt it would be very helpful to make their concerns known to the ACRD, and if need be, continue to pester them. Ms. Buckert noted that ACrID told her that Meridian City has to okay the lights, traffic and whatever. She has spoke with the City and she was told they were going to have a meeting, but as yet have not had one. 14. Shari Stiles, Planning and Zoning Administrator, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE E KANTI PATEL ANNEXATION AND ZONING (C-G) Bruce Freckleton, Assistant to the City Engineer submitted general and site specific comments, which general comments are as follows. AN;VEXAT~ON AND ZONING 1. This application is for a parcel of land at the northwest corner of the intersection of S. Eagle Road and I-84, south of (but not immediately adjacent to) the newly constructed Jackson's Food Store. The legal description for annexation included in the application appears to describe the subject site. Applicants surveyor has noted in his legal description that there are conflicts between monumentation on the ground, and mapping for the construction of the interstate, and that a new legal will be prepared after a field survey has been prepared. The revised legal description shall be written to place this site contiguous to the Corporate City Limits of the City of Meridian. {Ord. IQo 660, 8/2/94) . 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project . 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Although the cover sheet request for zoning of C- the narrative refers to a the Highway Commercial zo statements made in the corrected for the file. A development agreement condition of annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW KANTI PATEL ANNEXATION AND ZONING {C-G) indicates the proper G {General Commercial), zoning of C-2, which is ne in Ada County_ All application should be is required as a PAGE 7 15. The Meridian Fire Chief, Kenny Bowers, submitted the following comment that they had no problem with this annexation and zoning. 16. The Meridian Chief o£ Police, 3111 Gordon, had no comment . I7. The Central District Health Department added the following comments. After written approval from the appropriate entities are submitted, they will approve this application for central sewage and central water. The plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 18. That the property included in t'ne annexation and zoning application is within the-Area of Impact of the City of Meridian. 19. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 20. That the Application requests that the parcel be annexed and zoned C-G General Retail and Service Commercial District; that the present use of the property is vacant pasture; that the Applicant indicated that the intended use of the property would be for a three story motel. 21. That the property can be serviced with City water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 KANTI PATEL p,NNEX'ATION AND ZONING (C-G) 22. That the C-G, General Retail and Service Commercial District is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: (C-G) GENERAL RETAIL AND SERVICE COMMERCIAL - The purpose o~ the (C-G} District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 23. That proper notice was given as required by law and all procedures before the Planning and zoning Commission were given and followed. 24. There was no further testimony at the hearing. CONCLUSIONS 1. That 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 Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section Revised and Compiled Ordinances of the City exercise Of the City's annexation authority function. ?INDT_NGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL ANNEXATION AND ZONING (C-G) z 11-2-417 of the of Meridian; that is a Legisla~ive PA, ? 9 3. That the Planning and Zoning Commission has judged this annexation and zoning application. under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can cake judicial notice. a, That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may talcs judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation.. 7. That the Applicant has initiated the annexation application. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in r~articular Section 11-9-616 which pertains to development time schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer. 10. That proper and adecsuate access to the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 KANTI PATEL ANNEXATION AND ZONING (C-G) available and will have to be maintained. 11. That since the Applicant's property is in the Mixed Land Use section of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan and noes not conflict with the Rural Areas policies. 13. That a condition of annexation and zoning of the proerty is that the applicant shall enter into a development agreement with the City, which shall include but not be limited to all staff comments submitted with this application and all other government agencies submitting comments. The developmen~ agreement shall be entered into and recorded prior to the final plat approval and prior to the issuance of any building permits. 14. Tt is further concluded that any comments, recommendations and requirements of the City Engineer, the Planning and Zoning Administrator, The Planning and Zor.~ng Commission, all other Meridian Departments submitting comments and all other government agencies submitting comments shall be complied with in order to obtain annexation and zoning of the proper~y noted herein. Therefore, based on the Application, these Findings of Fact and Conclusions of Law, and the Ordinances of the City of Meridian, it is ultimately concluded that the Applicant`s property should be annexed and zoned C-G and all representations shall be met; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council Level; that such annexation would be orderly development and reasonable if the PAGE 11 FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL ANNEXATION AND ZONING (C-G) conditions are met. I5. With compliance of the conditions contained herein, the annexation and zoning would be in the best interest of the City of Meridian. Z6. That if the conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLIISION3 --~ The Meridian Planning a Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER Keith Borup VOTED COMMISSIONER Byron Smith VOTED__ ~~ COMMISSIONER Mark Nelson VOTED~/,~.t~-~~ COMMISSIONER Tammy de weerd VOTED- CHAIRMAN Malcolm MacCoy (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 12 KANTI PATEL ANNEXATION AND ZONING (C-G) ~ a Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 LEGAL DEPARTMENT (2os> a8a-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 & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: JUNE 10. 1998 TRANSMITTAL DATE: MAY 20, 1998 HEARING DATE: JUNE 17, 1998 (special meeting) - REQUEST: CONDITIONAL USE PERMIT FOR 3 STORY MOTEL BY: KANTI PATEL LOCATION OF PROPERTY OR PROJECT: BETWEEN I-84, EAGLE RD., GENTRY WAY AND ALLEN STREET JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z MARK NELSON, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER PARKS DEPARTMENT CITY FILES MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT buJ tit~2- 3 v~ ~ NAME: N - ~a ~ ~- LS ~~v.~~ PHONE: ADDRESS: ~. C3Z~ ~~. l Q.,V l ~ (~ .~,V it ~o lS ~ ~ ~~.~° g 3~ o "1/ GENERAL LOCATION: ~-~f w ~~ -`i ~ "8 ~'" ~ ~ AL ~' ~' ~~~ ~ ('u~~ ~ ~ ~`~'~~~ ~~~ DESCRIPTION OF PROPOSED CONDITIONAL USE: /~ ~ I ~~-- ~ S j o ~...`-~ _~ ~ ~G~t PTt Q-J p~ ~X i~T t+•~ ~~ U~~ ~ ~~STu ~~ ZONING CLASSIFICATION: I certify that the information contained herein is true and correct. Si e of Applican ~,-~ ~~ ~~r l,, /~ Social Security Number `~' LEGAL NOTICE OF PUBLIC HEARING pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by for the property generally described as located at SUBDIVISION, BLOCK ,LOT -, TO May 14, 199$ City of Meridian 33 East Idaho St. Meridian, ID 83642 (208) 888-4433 (208) 887-4813fx RE: Application for Conditional Use Permit #14 I Kanti Patel agree to pay any additional swere, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. #15 I Kanti Patel have read the contents of the application and veify that the information contained therein is true and correct. # 16 I Kann Patel will post a sign on the property 1 week before the hearing stating that I have applied for a Conditional Use Permit. If you have any questions, please call me at (208) 327-3545. Sincerely, Gtm ~. ~~.~~D anti Patel 4985 N. Paynton Wy Boise, ID 83713 File:C/SEC/1998MISC/97-1 SSKantiPaiei(2) G7/ 1 N 0 x W ., m W x m 0 v ~~ ate v L H v L 0 L77 ^ ~.. LC10J~IJ7770 City of Meridian Planning & Zoning 200 E. Carlton, Suite 201 Meridian, ID 83642 Lt51Uf~1 KtSUUKUtS JOB: (97-DRL-155} TIotiday Inn Express on Allen St. 'The site that was selected for the proposed motel located at Allen St. and Gentry Way was done so that it would be adjacent to the high bcaffic area created by I-84 and Eagle Rd. The motel will be a 60 unit 3-story motel with swimming pool and exercise room. All support facilities like laundry are done within the motet itself. The only services brought to the site will be the food for the breakfast bar. The motel structure is done with synthetic stucco system which renders itself compatible for both commercial and residetrtial use/design. The motel is compatible with the surrounding developed commercial area and will not impact the traffic as much as commerical or oi~ce structures the same size as the motel. The motel serves as a buffer between the freeway and highway to the area west of Allen St. We believe that with the layout and design of the motel, parking and landscaping best serves the commercial zone and the surrounding area. If you have any fiuther questions, please call (208)343-5511. Sincerely, Rocky To e Owner/Arc 'test RRTltlb MAY 15 '98 10 45 1 May 15, 199s 2083435556 PAGE. 02 .~ I i I I I 3 la I ~~I G~; ~ '8 c~ s [c I ~ p , a -------------- 133tl19 N3TV T i T U e ~ $ ;~ _~~~~~ 0 t I i T i T Q ;~ i~~ 1~ N T Q L I __r T ~ ; L i ~i ~ ! ~i .; -- ii - fi t ~~ ; ~: } E. ~ ~~ Z <~ -- J a Elf : II~ O jl ~ is -- ~ ~ ~~ E2 O i r H y"s EY,- °~ : a vii ~~ mi~ _ -- moo! 'vs u~y - _ ~r ~ ~~ i } a~ : e~ L _ ~~ ~~ ~r ~ M T Q C ~ p k 6 = ~~ ~ ~~ _~ - - ~i k~ ~~ ~ ~ It ~ ae - o< 6 , -- : i a~ ~ . ~~ ~'~ : g~ ~ -- Ja } ~ tr F~ 0 1i i 0 t~ - -- J zt LL ~'~ C~8 ¢ 0 - - i ~ S -- _ _ a cnt! -- o; m~ -` -- ~O! ~ ~!! -~ -- ; o ~_~ O~~i - cgepq~ry ~r i 88 ~ ~§ c =` -- is ;~ ~~ ;~ ~~ ~~ x $~ { T ! t T ~c e a nl~ ® ~ ~'~ ES ~~ is 3~ o---- ~ I I I ~ ~ ;g _ ~ ~ I ~ ~ ~~ °_ - ~~ ~ ~s~~~ a~ ~~ I ~ € . o-- 2 I ~ ~~Y ~ I ~ ~ o- ~ I I ~ y'~ ~a ~ r ~~ r3 1~ i o- ~= Z F= I ~ ~- ti i= ~3 o- W t; o-~ W b o- -- ~ ~ I I ,~ vii o- _ o . => a~r~ I €~ N = sZ Lie o-__ ~I~~~ I ~o~ 0 o; .NNE a~ a~- o-__. 'J I i it ;s ooc~~ ..! ~ ~ ~ W I .. _I ~ f- + v y ~F ~ ~ o--- I , ~~ o-__ ; y'~ ~ ~ r~ eL " ~- ~ g ~ i F ;~ ,_ < d ~ < ~~ 1 ~n ~ Z j r ~ 4K [ [ C i C U tl Q Y E n in __ o~ a- ~ ' ~~ o- _ ® ' y~~ i o--- ~ ~ ~ ~ ~ ~ ~~ o--- ~ ~~ I o--- ~ ~~ o--- ;'Y~~ o- ~ ~ Z ~ Q it ~ #; p- I ~ ii I w (~ ..1 !~ ~~ ® '~ ~~ W ~~{~E ?? ~--- ~ I I ; 4E w 's _ II o- is ~2~ W p J FW y` W- „ 3Is N N Q e ~$ i; $i~8~id ~. o _ ~I .. t. <,.+ ?; r~,A r ~. tc'~ 4 .. kf ' ~'. ~~ _.f y 04/16/98 - I KANTI PATEL REQUESTING FOR ZONING AMENDMENT AND ANNEXATION FOR C-2 ZONE. `` `~ ~ 11 t l I I I I ! / ~ ~ ~ ~i ~~ y B ~~i c~ , ~~+; ~pTARy ; ~ ,~ • ~~•P~BI.~G~ o ''~~~ ~ ~ ~ ~ ~ i t i t ~ P ~ ~`` BY KANTI PATEL I ~ ~ Q ~/~iCA NOTARY PUBLIC, DO CERTIFY THAT ON THIS j ~ DAB P' ,p,p,-~ ~ 19 ~ ~ PERSONALLY APPEARED BEFOR ME q,~~~~~ AND IS PERSONALLY KNOWN TO ME THE PERSON WHOSE NAME IS SUBSCRIBED TO WITHIN T S INSTRUMENT' . C SIGN EXPIRES ON 3 ~ ~ a~Dy A parcel of land being a portion of the E1/2 of Section 17, T.3N., R.lE., B.M., Ada County, Idaho said parcel also being a portion of lot 13 of the Amended Magic View Subdivision as filed in Book 52 of Plats at Page 4445, records of Ada County, Idaho and being more particularly described as follows: Commencing at a Brass cap marking the E1/4 of Section 17, T.3N., R.lE., BM., Ada County, Idaho; thence N 63°55'56" W 35.55 feet to a point; thence N 2°00'57" E 43.87 feet to a point; thence N 0°22'33" W 45.00 feet to a point; thence S 89°37'27" W 89.37 feet along the centerline of Gentry Way to a point on the northwesterly right of way of Interstate 84, said point being the POINT OF BEGINNING of this description; thence leaving said centerline of Gentry Way S 35°43'47" W 127.97 feet along the northwesterly right of way of Interstate 84 to a point; thence S 79° 18' S0" W 116.60 feet along the northwesterly right of way line of Interstate 84 to the beginning of a tangent curve to the left; thence continuing along said right of way line of Interstate 84 and along the azc of said curve to the left having a radius of 1043.93 feet, a central angle of 23°53'24", a length of 435.27 feet, a long chord beazing of S 67°15'48" W 432.13 feet to a point on the centerline of Allen Street; thence leaving said right of way line of Interstate 84 and continuing N 0°21'33" W 288.83 feet along said centerline of Allen Street to the a point on said centerline said Gentery Way; thence leaving said right of way line of Gentery Way and continuing N 89°37'27" E 589.68 feet along said centerline of Allen Street to said POINT OF BEGINNING. Said parcel contains 2.13 acres more or less. This above land description is based on data of record. Said description is preliminary in nature. There are known conflicts between the monument locations shown on the Interstate 84 construction drawings and the Interstate 84 right-of--way drawings. A corrected description will be prepazed after a field survey has been completed. B CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: ~ X 1 ~ I ~ ~ A M l=' -p ~ ~ P ~~ Cc. ~ l ~ ~a5-r o~ q ~.~ P-1 V I E W S y~ o l lJ -~ t n,ti7 GENERAL LOCATION:f~o e-r ~ or _~ ¢. i W ~s ~ ~ ~ ~~ L~ ~ D TYPE (RESIDENTIAL, INDUSTRIAL, COI\'IlVIERCIAL): _ CU i'~1 ~r1 ~ 2 G I A, L ACRES OF LAND IN PROPOSED ANNEXATION; 12, 5 ~ ~-- y R ~ . Co (o A t, PRESENT LAND USE: ~//k L~ ~ ( ~~ S I U i2 ~ PROPOSED LAND USE: ~~T ~ (,~ PRESENT ZONING DISTRICT: P~. U CL,R~. ~ ~~ S ~ -f t•o ,~ PROPOSED ZONING DISTRICT: ~ -- -- ~ ~ , _ ~ _ C OWN~R- APPLICANT: T .~ - ~?~ P P L [ ~-A N PHONE: 3 ~ ~-1 ~ ~6~~ ADDRESS: ~DD ~i~/ ~ ~/I ~-~ ~U~ ~ a ~s E'~ S3'7a ~ . T~UC.~(~, ~~ W l.E ENGINEER, SURVEYOR, OR PLANNER: ~S l ~N ~~oU ~S PHONE: 3 `~ .5 ~J l ADDRESS: 2~b ~2,o~p(,va't, -~, ~o~Sl~i ~bA~k4v ` 3 ~oCa OWNER(S) OF RECORD: _ ~A~ 1~1 T' ~ ~~t T' ~ ~ PHONE: ~ r b ~I ~' ADDRESS: 01 (~ ~ b ~~~ ~/ 1 ~,."1 r en2 ~?~ _ ~~ -. _ O~~t~J _ Si tore of Applicant I KANTI PATEL REQUESTING FOR ZONING AMENDMENT AND ANNEXATION FOR C-2 ZONE. ~~\\tl li llll//// ~~ `~ .• e y %,, .~,. •. ~; ~OTAIpy ~'~. ~ . • ~~'pU~~'~G' 4 ~ tl KANTI PATEL I '' ~ Q G~;~A NOTARY PUBLIC, DO CERTIFY THAT ON THIS j ~ DAB F ,,~,p~,~ 1g g~~ pERSONALLY APPEARED BEFOR ME C{,~7[; ~O,g~ ~ AND IS PERSONALLY KNOWN TO ME ~E THE PERSON WHOSE NAME IS SUBSCRIBED TO WITHIN T S INSTRUMENT. J ~ ~`~ B2, I C ~~`" ` ~ SSION EXPIRES ON ~ C~ ~ a~C/Y c%~ v o May 01, 1988 N cp O ~ ANNEXATION REZONE 8z CONTINUAL USE STATElV1~1VT 0 a 0 u #9 The subject property is located just north of Interstate 84 and fronting on the west side of °m Eagle Rd. This is a high traffic area with good visibility and accessibility to Interstate 84. This is an excellent site for a motel. The property is presently zoned RT. We feel that the C-2 ~ zone is desirable in this area as it will work to provide a variety of other mixed uses i.e. W essential services as recommended in the comprehensive plan. These services will support high density residential as well as those relating to travel. a 3 #10 The zoning amendment supports those concepts outlined in item #9 above concerning o appropriate location of essential services and the benefits of a buffer to quieter zoning. The m motel will compliment businesses such as restaurants, service stations and other supporting o businesses. N N #11 The Meridian Comprehensive Plan Land Use Map designates commercial and }+ mixed/planned use development in the area of the applicants site. Tourist lodging is one of ~ the probable businesses listed in the comprehensive plan. Office and medium to high density residential are also recommended. Mr. Patels zoning ammendment for C-2 Highway ~ Commercial zone satisfies the objectives of the comprehensive plan. The owner will provide a ^ . 35' landscape setback to provide esthetic and traffic noise set back. The overall motel property in turn provides the opportunity to act as further buffer to other recommended uses ~ such as medical offices, high density residential and related land use. L Q v L L: ^~ File:C/SEC/1998MISC/97-155 May 14, 1998 City of Meridian 33 East Idaho St. Meridian, ID 83642 (208) 888-4433 (208) 887-4813fx RE: Application for annexation and zoning or rezone #16 I Kanti Patel will post a sign 1 week before the public hearing stating my name, description of zoning amendment, and time and date of public hearing. #17 I Kanti Patel have read the contents thereof and verified that the information contained therein is true and correct. If you have any questions, please call me at (208) 327-3545. Sincerely, ~, ~/~~J anti Patel 4985 N. Paynton Wy Boise, ID 83713 File:C/SEC/1998MISC/97-155KantiPatcl .~Qdu C'ou~t Jai ~wu ~~~t~~~t Sherry R. Huber, President 318 East 37th Street Judy Peavey-Derr, Vice President Garden City, Idaho 83714-6499 R,~+ CEI~7~D Marlyss Meyer Routson, Secretary Phone (208) 387-6100 Dave Bivens, Commissioner Fax (208) 387-6391 F E B O 4 X999 Susan S. Eastlake, Commissioner a-mail: tellus@achd.ada.id.us --- =,RIDIAlV February 1, 1999 "~~ ~ ~~ G & ZOi~TINC PLAIVN'N~i TO: Kanti Pantel 2600 Fairview Ave. Boise, ID 83702 ~''~~-, FROM: Steve Arnold, Senior Analyst ~. Planning & Development Division SUBJECT: MCU-14-98/MA-03-98 Three story motel. R-T to C-G Between I-84 and Eagle Rd. Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on January 27, 1999. The attached staff report lists conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 387-6170. SA cc: Plan&Dev Svcs-chron/file John Edney Chuck Rinaldi City of Meridian Rocky Towle ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report MCU-14-98/NIA-3-98 1-84 & Eagle Road 3 story motel The applicant is requesting conditional use approval to construct a 60-unit motel. The 1.66-acre site is located at the northwest corner of Eagle Road and I-84, also on the south side on Gentry Way and the east side of Allen Street. Roads impacted by this development: Gentry Way Allen Street Eagle Road This application was previously scheduled for consideration by the Commission, but was remanded pending resolution of MCU-43-97, having to do with overlay fees for the Magic View Subdivision. That was resolved by Commission action on December 30, 1998, resulting in the establishment of an overlay fee for each development in the area. This report has been modified to reflect hat decision. ACHD Commission Date -January 27, 1999 - 7:00 p.m. --~ ~ -~ i ' ~~ i ~~~ i i~ \ . ~,.,,. ~ ~:j ' ~ ~~ ~` ~ ~~ ~; '3'' ~~ ~ ;~ i X7::453 ~ S 9 t i W ~ ~~ : I' 1 ~ ~ _~~ .~ ~ w U a < ~ J ~ ~ 5 Z ~ ' ~~ l7~~~ryry'11 ~W ~ pY ~~ ;.; Y 7~ 3 -{n1~ .~~ Ay ~ A ~ ~ ~~ 711i ~ Z 11 1 --r~i su.la. l r 61x4. '!~s .! i a- ~ `'~ z ~' 1 ~ j G s ~ emu„ V li L, Z ~~ ~~ ? ~ ,` z ;~ '~ ~~ `' ,I .s, ~ ~ m . ~.. i I ti ~~ ~~~ i i ~ ~: 4 ~~.~~; ~ i i 3: _ ~ ~~ ~~~ o-~ {- a i I -~ - ~ i ' \ `~ ~ ~` ~~3 ~z ~ ~ \ .~ ^:+~ . I ~+a.a-ti ------•~--•----------~•--•- T ~ T U a =~ ~~~~~~ 2) • 1 1 ~, o :. m ~ ~ 4 W Q F ii<~a ~ ~ Y 9 '~ r: ~j o ~~ '-= UIa ~ ~. I D7~~ •~ ©jt I n ~ ~i ~IIII~ Facts and Findings: A. General Information Owner - Kanti Pantel Applicant -Rocky Towle RT -Existing zoning C-2 -Requested zoning 1.66 -Acres 60 -Units 283 -Traffic Analysis Zone (TAZ) West Ada -Impact Fee Benefit Zone Western Cities -Impact Fee Assessment District Gentrv Wav Local commercial street with no pathway designation No traffic count available 525-feet of frontage 50-feet existing right-of--way (25-feet from centerline) No additional right-of--way required Gentry Way is unimproved right-of--way. Allen Street Local commercial street with no pathway designation No traffic count available 260-feet of frontage 50-feet existing right-of--way (25-feet from centerline) 58-feet required right-of--way (29-feet from centerline) Allen Street is improved with 23-feet of pavement with no curb, gutter or sidewalk. F.ag1e Road Principal arterial Traffic count 31,975 on 11-6-96 0-feet of frontage Eagle Road is improved with 5 traffic lanes with no curb, gutter or sidewalk. B. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. C. State Highway I-84 and State Highway 55 (Eagle Road) are under the jurisdiction of Idaho Transportation Department (ITD). Application materials should be submitted to ITD for MCU 1498A.CM Page 2 G. Gentry Way is an unimproved right-of--way abutting the site's northern boundary. District policy normally requires the applicant to constrict curb, gutter and 5-foot wide concrete sidewalk and pavement widening to one half of a 41-foot street section plus 12-feet of additional pavement abutting the parcel. Staff believes that a 41-foot street is more than is needed for this situation and supports a 37-foot street section. The narrower street section will also allow large building foot prints and less overall roadway. Gentry Way will never extend to Eagle Road and there is a high probability that the roadway will be vacated later when the parcel to the north is developed. H. District policy requires the applicant to construct curb, gutter and 5-foot wide concrete sidewalk and pavement widening to one half of a 41-foot street section plus 12-feet of additional pavement on Allen Street abutting the parcel. Staff supports a variance to allow the applicant to construct curb, gutter and 5-foot wide concrete sidewalk and pavement widening to one half of a 37-foot street section plus 12-feet of additional pavement abutting the parcel prior to issuance of any required permits or District approval of a final plat, whichever occurs first. Because of the potential for future abandonment and vacation of Gentry Way, the applicant is considering requesting permission to constrict a narrower road to be used as an access to the driveways into this parcel and deposit the balance of the cost of a full roadway to the Public Rights-of--Way Trust Fund for later construction if the right-of--way is not vacated in the future when the parcel north of the right-of--way is developed. I. The applicant is proposing to construct. two 30-foot wide curb cut driveways on Gentry Way • The western driveway is proposed to be located approximately 240-feet east of the west property line. • The eastern driveway is proposed to be located approximately 85-feet west of the east property line. The locations and designs of the driveways meet District policy. J. The applicant is proposing to construct a 30-foot wide curb cut driveway on Allen Street located approximately 115-feet south of the north property line. The location of the driveway meets District policy. K• Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full required width to at least 30-feet beyond the edge of pavement of Gentry Way and Allen Street. L. As required by District policy, restrictions on the width, number and locations of driveways, may be placed on future development of this parcel. M. Finding of Extraordinary Impact. The Ada County Highway District finds that the anticipated fiscal impacts of the anticipated developments in Magic View Subdivision are of such a magnitude that ACRD is unable to MCU 1498A.CM Page 4 2. Constrict curb, gutter, 5-foot wide concrete sidewalk and match paving on Gentry Way abutting the parcel. Improvements shall be constructed to one-half of a 37-foot street section plus 12-feet of pavement on the north side of the. roadway centerline. 3. Comply with requirements of ITD for State Highway I-84 and State Highway 55 (Eagle Road) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Walter Burnside at 334-8340. 4. Construct curb, gutter, 5-foot wide concrete sidewalk and match paving on Allen Street abutting the parcel. Improvements shall be constructed to one-half of a 41-foot street section. Construct an ACRD approved turnaround at the terminus of Gentry Way. Submit a design of the turnaround for review and approval by District staff. 6. Construct a 24 to 30-foot curb cut driveway on Allen Street located as proposed 115-feet south of the north property line. Pave the driveway its full required width to at least 30-feet from the edge of Allen Street. 7. Construct two 30-foot wide curb cut driveways on Gentry Way: One located approximately 240-feet east of the west property line. One located approximately 85-feet west of the east property line. Pave the driveways their full required width to at-least 30-feet from the edge of Gentry Way. 8. Enter into an agreement with the District to pay the proportionate share of the cost of constructing a new road from Eagle Road west and south to connect with Magic View Drive at its intersection with Allen Street as an extraordinary impact fee. The proportionate- share has been determined to be $12,180. 9. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACRD Planning and Development Supervisor. T_ he request shall specificall iden ify each regnirement to hP rP~nnSi[iPrPri anti ,n~h,dP a Sarr;rrPn Pxnlanation of why such a rPq iirement wrn~ld rPCnlt in a cnhctantial hard }lip or ine~ul_t~ The written request shall be ubmi ed o he Dig rict no later han 9.00 a m on he day scheduled for ACHD Commi~si~n action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the- consent agenda and MCU 1498A.CM Page 6 Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. MCU 1498A.CM Page 8 t BEFORE THE MERIDIAN PLANNING AND ZONING COMMISS KAN'!'I PATEL CONDITIONAL USE PERMIT FOR A THREE STORY MOTEL BETWEEN 1-84, EAGLE ROAD, GENTRY WAY AND ALLEN STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on June 17, 1998, at the hour of 7:00 o'clock p.m., the Applicant, appearing through its representative, Rocky Towle, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on June 17, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 17, 1998 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property is located within the City of Meridian the J U l 0 8 1998 CITY OF MERIDIAN FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL address is listed in the application as between 1-84, Eagle Road, Gentry Way and Allen Street. The property is described in the application for a conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is the owner of record of the property. 3. Pursuant to the application, the property is presently zoned as (C-G), General Retail and Service Commercial. The proposed use of the property is to construct a three story motel. The Applicant presented a site plan depicting the location of the proposed use. Further, pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges,. if any, associated with the use, whether that use be residential, commercial or industrial. 4. Rocky Towle testified substantially at the hearing as follows: He noted that the construction of the three story motel would border the I-84 on-ramp, Eagle Road, Allen Road and Gentry Road off of Eagle Road by the freeway. They have covered the areas of process, but there remain a couple of items on the site plan that need to be addressed. The columns extend into the thirty-five foot setback, of which, they have provided additional landscaping for the encroachment. The ACHD wants a 41-foot back- up curb down Allen Street. On the west side they are to do curbs, gutters, sidewalks and a 24-foot paving strip. On Gentry Way, the ACRD wants the same thing, with a 58-foot right-of-way, but this is a dead end street. They wanted this area vacated, but the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL previous owner and the applicant went through both the City and ACHD. ACHD said that the previous owner was to obtain an appraisal and they would sell the ground to the applicant. It was a shock to the previous applicant knowing he had to buy it rather than just vacating it. At the ACHD the tech staff have backed their position, but the right-of-way department says they need to pay the full price for it. If it could be purchased reasonably then they would just purchase the ground. If they have to dedicate to the ACHD four feet on Allen Way and Gentry Way, then they have actually relocated the motel. The difference is that a 24-foot setback has been designed rather than the 20-foot setback, and a 16-foot setback. instead of the 12-foot setback. The adjustment is for bringing the sidewalk around and they've narrowed the driveway to stay within the 35- foot setback. Pertaining to the parking, there are 69 parking stalls and 67 rooms. Parking shouldn't be a problem since maid service and employees come in around 8:00 and the business people leave before 8:00. Ada County Highway District's requirements are that from Magic View down to where their property starts, down to Gentry Way, that they have a 24-foot asphalt driveway. From there on down they have to have the 24-foot plus curb, gutters and sidewalk. No curb and gutter before Gentry Way. Discussion between Mr. Towle and Commissioner Borup pertained FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL to the ingress and egress that would be out to Magic View and then on to Eagle. Commissioner de Weerd addressed the matter of where the trash area would be placed. Mr. Towle noted it would probably be on the north side in a contained, enclosed area. With regard to the lighting, an engineer will handle the lighting. The lighting is to be directed so it maintains on the site. Bruce Freckleton addressed Commissioner de Weerd's lighting issue by noting the cut off lighting is something that they have been looking at and he proposed they just take a look at it when the plans come through. Commissioner Smith questioned the architectural shingles. Mr. Towle noted they would be architectural grade asphalt shingles. The exterior finish would either be synthetic stucco or a drivit system. Additional comments pertained to either the purchase of all of Gentry Way or half of it and with that the motel would move back. Mr. Towle addressed Commissioner Smiths comments over the parking spaces for employees by noting if you have one parking stall for every room you have more than enough parking to cover the motel, and by the time you get the maids and all the people that come to work, the people have gone and left in the morning, and so there is plenty of parking. They have provided for a night clerk in addition to the parking spaces for the people. The color scheme was discussed and .basically it would be in a natural tone. Regarding the signage, it will be a monument sign at the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL intersection of Allen Street and Gentry Way. Continued testimony between Commissioner MacCoy and Mr. Towle regarding the color of the building resulted in, that, Mr. Towle would get back to them with the color the building would be. 5. Wanda Buckert testified at the hearing as follows. Ms. Buckert's main concern was the traffic. She suggested a light be put up on Magic View and Eagle Road to help with the extra traffic flow. It was her understanding that more property had been sold to doctors around the development, and her concern was over being able to turn left with the new road. She suggested a stop sign, four way stop, or light to help with traffic flow. Commissioner Nelson noted this was a valid concern that Ms . Buckert had, but that Eagle Road would probably never have a light. Discussion over this issue continued between Ms. Buckert and Commissioner MacCoy and Commissioner Borup. Commissioner MacCoy addressed the fact that the ACHD were dragging their feet, and when more businesses come in for development, then they would re- address the issue of the streets, signs, and everything. That leaves the matter presently in limbo. Ms. Buckert again addressed her concern over the extra traffic. Commissioner MacCoy noted the fact with the new business coming in that maybe ACRD can be approached with this issue once again. Commissioner Borup addressed the fact that the ACHD was proposing another access up at the light on the north end of the subdivision, but he was not FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL sure when it would happen. They are also considering going back and tying into Magic View. He also noted this would be for the people coming out of the subdivision so they can go up to the light. Ms. Buckert noted the area she was speaking of is where it would cross Magic View to Allen Street. They would still have to make a left turn; this would be the new street. 6. Mr. Towle approached the Commission again by adding the following comments to his testimony for the evening. He noted that ACHD did not address their traffic issue, and they have left it at having a stop sign at the end of Allen Street before arriving at Magic View, or whatever it is there. He feels ACHD would do what is necessary after review of their traffic studies when it begins to develop more in the area. Mr. Towle stated, "I think that they'll end up with a signal there sometime but nobody has said anything and we were in staff trying to work out just Gentry Way and nothing was said on the other." 7. Commissioner de Weerd's final comment for the evening, to Ms. Buckert, was over the fact that at the City level they have no control, and she felt it would be very helpful to make their concerns known to the ACHD, and if need be, continue to pester them. Ms. Buckert noted that ACRD told her that Meridian City has to okay the lights, traffic and whatever. She has spoke with the City and she was told they were going to have a meeting, but as yet have not had one. 8. Bruce Freckleton, Assistant to the City Engineer, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL addressed the Commission with the following comment. With regard to the legal description submitted for the annexation, the surveyor noted there were some conflicts with monumentation on the ground versus his survey. He was going to be preparing a new legal description. This legal would be based on field survey, and he would like to incorporate the new legal description in the annexation ordinance. Commissioner Borup noted it needs to be included in the Findings as a condition on the annexation. Commissioner MacCoy added the comment that it would be added. 9. Shari Stiles, Planning and Zoning Administrator, and Bruce Freckleton, Assistant to the City Engineer submitted general and site specific comments, which respective comments are as follows. GENERAL COMMENTS• 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving and striping shall be in accordance with the standards set forth in Sections 11-2-414.D.4 and 11-2-414.D.5 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 3. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 4. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL Ordinance Section 11-2-414.D.3. 5. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. No temporary signage or flashing signs will be permitted. 6. Determine the normal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 7. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. All construction shall conform to the requirements of the Americans with Disabilities Act. 9. The conditional use permit shall be subject to review upon notice to the Applicant. SITE SPECIFI COMMENTS• 1. Sanitary sewer service to the proposed site could be extended from the existing main line installed in Magic View Drive north of this project. 2. Water service to the proposed site could be extended from the existing water main line installed along the easterly side of Eagle Road. Please provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 3. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 4. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection to the third floor of the hotel building. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL 5. Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 6. A minimum of one three-inch caliper tree is required for every 1,500 square feet of pavement. Please provide square footage of pavement so quantity required to be 3-inch minimum can be determined. Please revise the landscape plans so landscape schedule matches call outs on plan. 7. Particular attention needs to be paid to lighting plans to ensure that lights do not cause glare or impact adjacent residential properties or the traveling public, as determined by the Meridian Public Works Department. The Public Works Department is in the process of determining detailed standards for lighting. 8. A minimum 35-foot-wide landscape setback beyond required right-of-way on Eagle Road and I-84 should be made a condition of annexation. The setbacks shown appear to meet this requirement. 9. A public roadway is planned north of the proposed Idaho Power Credit Union; however, it is unknown at this time when the remainder of the public roadway needed to provide public access to the traffic signal on Eagle Road will be constructed. Future development in this area will need to have proper access to the traffic signal. 10. No signage details were submitted. Detailed signage plans must be included as part of this application for review and approval. 11. The Planning and Zoning Commission and Council may prescribe appropriate conditions, bonds and safeguards in accordance with Ordinance Section 11-2-418. 12. Parking requirements for a motel/hotel are one per room and one for each two employees. Sixty-eight FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL spaces were counted on the plans. It would seem that more than two employees would be on site at any one time. 13. A screened trash enclosure needs to be provided and depicted on the plans. Coordinate the location and sizing requirements with Sanitary Services, Inc. 14. Gentry Way, north of this property, was never constructed and .was approved to be vacated by the Meridian City Council in November of 1997. The status of the vacation is unknown; apparently the vacated roadway would be returned to the owner of the property to the north. It would be desirable for a driveway to be constructed along the northerly property line, and for additional parking to be provided for along the driveway. 10. The Meridian Fire Chief,. Kenny Bowers, submitted the following comments. He is requiring that all codes, water requirements and the placement of fire hydrants be met. Additionally, a 20 foot driving access all around the building will need to be met. 11. The Meridian Chief of Police, Bill Gordon, commented that it was needed. 12. The Central District Health Department added the following comments. After written approvals from the appropriate entities are submitted, they will approve this application for central sewage and central water. The plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Run-off is not to create a mosquito breeding problem. A plan review will have to be submitted regarding any swimming pools or spas. They recommend that stormwater be pretreated through a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of the project should obtain current best management practices for stormwater disposal and design a stormwater management system that will prevent groundwater and surface water degradation. Manuals for guidance were also suggested. 13. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and wasteways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 14. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL 418 of the Zoning and Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The property is zoned (C-G) General Retail and Service Commercial. The (C-G), General Retail and Service Commercial is described in the Zoning Ordinance, 11-2-408 B 11 as follows: (C-G) General Retail and Service Commercial- The purpose of the (CG) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. 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." 6. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL prescribe a set time period for which a conditional use may be in existence. 7. 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. 8. 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. 9. Section 11-2-418 C of the Zoning and Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL b. The use would be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. The use is designed and is to be constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use will not be hazardous or disturbing to existing or future neighboring uses. Further, the Applicant should be required to submit proposals for all lighting and. also submit their plans for all types of signage, regardless of type and variety. Further, these conditions should be made requirements of the Development Agreement. The Applicant shall be required to enter into a Development Agreement before the annexation and zoning and the conditional use permits are granted; 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 additional public costs. g. The use will not involve activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property, which as designed will not create an interference with traffic on surrounding public streets. This should also be a condition of the Development Agreement and required to be entered into by the Applicant before any approvals are granted. i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. It is recommended that the conditional use permit be granted in this case for the above reasons. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL 10. Conditions may be placed upon the granting of a conditional use permit if it is determined that the permit should be issued, to minimize adverse impact on other development. It is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use are required, if a permit is issued, to wit: a, The conditional use, pursuant to the Zoning Ordinance, shall not be transferab~oe erty anooth~ro owner or lessor of the subject p P another property; b. The Applicant shall meet the requirements and comments of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Central District Health Department and Nampa & Meridian Irrigation District and other governmental agencies submitting comments; c. The conditional use shall not be restricted to a period of authorization but may becant viefor annually, upon notice to the App violation of any condi 1°~ tionsosed herein and other conditional use app d. All ordinances of the City of Meridian must be met, including but not limited Uniform Plumbing Building Code, Uniform Fire Code, Code, the Fire and Life Safety Codes, all parking and landscaping requirements; e. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. f. All signs must meet the requirement Ordinances Uniform Sign Code and the Meridian City in addition, flashing signs and temporary signs ermitted. All signs are subject to will not be p review. In addition to the Meridian Sign Ordinance, the Meridian CitS1CouneTmitssare toobe all sianaae of anv tie. g P Page 15 FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) FOR A THREE STORY MOTEL APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER de WEERD VOTED COMMISSIONER SMITH VOTED COMMISSIONER NELSON VOTED CHAIRMAN MacCOY (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking requirements, and the paving and landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: 7-7-98 -- FINAL FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 18 FOR A THREE STORY MOTEL v ~~~'~~D J U L 0 9 1998 CITE' OF MERIDIAN BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION KAN'rI PATEL ANNEXATION AND ZONING OF 1.66 ACRES TO C-G BETWEEN I-84, EAGLE ROAD, GENTRY WAY AND ALLEN STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on June 17, 1998, at the hour of 7:00 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant's representative, Rocky Towle, appearing in person, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for June 17, 1998, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the June 17, 1998, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 KANTI PATEL ANNEXATION AND ZONING (C-G) available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 1.66 acres in size; it is between I-84, Eagle Road, Gentry Way and Allen Street. 3. That the property is presently zoned by the county as RT (Rural Transition) and the proposed use would be for C-G General Retail and Service Commercial development. 4. That the City of Meridian desires to annex and zone property to allow any development to be under the City's jurisdiction. This would save money on land use application and building permit fees that would otherwise go to Ada County. 5. The general area surrounding property is used agriculturally, and for some residential properties. 6. That the property is adjacent and abutting to the present City limits. 7. The Applicant is the owner of the property and has requested the annexation. The application is not at the request of the City of Meridian. 8. Rocky Towle testified substantially at the hearing that the construction of the three story motel would border the I-84 on-ramp, Eagle Road, Allen Road and Gentry Road off of Eagle Road by the freeway. They have covered the areas of process, but there remains a couple of items on the site plan that need to be addressed. The columns extend into the thirty-five foot setback, FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 KANTI PATEL ANNEXATION AND ZONING (C-G) of which, they have provided additional landscaping for the encroachment. The ACHD wants a 41-foot back-up curb down Allen Street. On the west side they are to do curbs, gutters, sidewalks and a 24-foot paving strip. On Gentry Way, the ACHD wants the same thing, with a 58-foot right-of-way, but this is a dead end street. They wanted this area vacated, but the previous owner and the applicant went through both the City and ACHD. ACRD said that the previous owner was to obtain an appraisal and they would sell the ground to the applicant. At the ACHD, the tech staff have backed their position, but the right-of-way department says they need to pay the full price for it. If it could be purchased reasonably then they would just purchase the ground. If they have to dedicate to the ACHD four feet on Allen Way and Gentry Way, then they have actually relocated the motel. The difference is that a 24-foot setback has been designed rather than the 20-foot setback, and a 16-foot setback instead of the 12-foot setback. The adjustment is for bringing the sidewalk around and they've narrowed the driveway to stay within the 35- foot setback. Pertaining to the parking, there are 69 parking stalls and 67 rooms. Parking shouldn't be a problem since maid service and employees come in around 8:00 and the business people leave before 8:00. Ada County Highway District's requirements are from Magic View down to where their property starts, down to Gentry Way, that they have a 24-foot asphalt driveway. From there on down they have to have the 24-foot plus curbs, gutters and sidewalk. No curb and gutter before Gentry Way. Discussion FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 KANTI PATEL ANNEXATION AND ZONING (C-G) between Mr. Towle and Commissioner Borup pertained to the ingress and egress that would be out to Magic View and then on to Eagle. 9. Commissioner de Weerd addressed the matter of where the trash area would be placed. Mr. Towle noted it would probably be on the north side in a contained, enclosed area. With regard to the lighting, an engineer will handle the lighting. The lighting is to be directed so it maintains on the site. Bruce Freckleton addressed Commissioner de Weerd's lighting issue by noting the cut off lighting is something that they have been looking at and he proposed they just take a look at it when the plans come through. 10. Commissioner Smith questioned the architectural shingles. Mr. Towle noted they would be architectural grade asphalt shingles. Comments on the exterior finish were that it would either be a synthetic stucco or a drivit system. Additional comments pertained to either the purchase of all of Gentry Way or half of it, and with that the motel would move back. Mr. Towle addressed Commissioner Smith's comments over the parking spaces for employees by noting if you have one parking stall for every room you have more than enough parking to cover the motel, and by the time you get the maids and all the people that come to work, the people have gone and left in the morning, and so there is plenty of parking. They have provided for a night clerk in addition to the parking spaces for the people. The color scheme was discussed and basically it would be in a natural tone. Regarding the signage, it would be FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 KANTI PATEL ANNEXATION AND ZONING (C-G) a monument sign at the intersection of Allen Street and Gentry Way. Continued testimony between Commissioner MacCoy and Mr. Towle regarding the color of the building resulted in, that, Mr. Towle would get back to them with the color the building would be. 11. Wanda Buckert testified at the hearing as follows. Ms. Buckert's main concern was over the traffic. She suggested a light be put up on Magic View and Eagle Road to help with the extra traffic flow. It was her understanding that more property had been sold to doctors around the development, and her concern was over being able to turn left with the new road. She suggested a stop sign, four way stop, or light to help with traffic flow. Commissioner Nelson noted this was a valid concern that Ms. Buckert had, but that Eagle Road would probably never have a light. Discussion over this issue continued between Ms. Buckert and Commissioner MacCoy and Commissioner Borup. Commissioner MacCoy addressed the fact that the ACRD were dragging their feet, and when more businesses come in for development, then they would address the issue of the streets, signs, and everything. That leaves the matter presently in limbo. Ms. Buckert again addressed the matter that her concern was over the extra traffic. Commissioner MacCoy noted the fact with the new business coming in that maybe ACRD can be approached with this issue once again. Commissioner Borup addressed the fact that the ACRD is proposing another access up at the light on the north end of the subdivision, but he is not sure when it will happen. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 KANTI PATEL ANNEXATION AND ZONING (C-G) They are also considering going back and tying into Magic View. He also noted this would be for the people coming out of the subdivision so they can go up to the light. Ms. Buckert noted the area she was speaking of is where it would cross Magic View to Allen Street. They would still have to make a left turn, this would be the new street. 12. Mr. Towle approached the Commission again by adding the following comments to his testimony for the evening. He noted that ACHD did not address their traffic issue, and they have left it at having a stop sign at the end of Allen Street before arriving at Magic View, or whatever it is there. He feels ACHD will do what is necessary after review of their traffic studies when it begins to develop more in the area. Mr. Towle stated, "I think that they'll end up with a signal there sometime but nobody has said anything and we' were in staff trying to work out just Gentry Way and nothing was said on the other." 13. Commissioner de Weerd's final comment for the evening, to Ms. Buckert, was over the fact that at the City level they have no control, and she felt it would be very helpful to make their concerns known to the ACHD, and if need be, continue to pester them. Ms. Buckert noted that ACHD told her that Meridian City has to okay the lights, traffic and whatever. She has spoke with the City and she was told they were going to have a meeting, but as yet have not had one. 14. Shari Stiles, Planning and Zoning Administrator, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 KANTI PATEL ANNEXATION AND ZONING (C-G) Bruce Freckleton, Assistant to the City Engineer submitted general and site specific comments, which general comments are as follows. ANNEXATION AND ZONING: 1. This application is for a parcel of land at the northwest corner of the intersection of S. Eagle Road and I-84, south of (but not immediately adjacent to) the newly constructed Jackson's Food Store. The legal description for annexation included in the application appears to describe the subject site. Applicants surveyor has noted in his legal description that there are conflicts between monumentation on the ground, and mapping for the construction of the interstate, and that a new legal will be prepared after a field survey has been prepared. The revised legal description shall be written to place this site contiguous to the Corporate City Limits of the City of Meridian (Ord. No 660, 8/2/94). 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project . 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Although the cover sheet indicates the proper request for zoning of C-G (General Commercial), the narrative refers to a zoning of C-2, which is the Highway Commercial zone in Ada County. All statements made in the application should be corrected for the file. 5. A development agreement is required as a condition of annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 KANTI PATEL ANNEXATION AND ZONING (C-G) Bruce Freckleton, Assistant to the City Engineer submitted general and site specific comments, which general comments are as follows. ANNEXATION AND ZONING: 1. This application is for a parcel of land at the northwest corner of the intersection of S. Eagle Road and I-84, south of (but not immediately adjacent to) the newly constructed Jackson's Food Store. The legal description for annexation included in the application appears to describe the subject site. Applicants surveyor has noted in his legal description that there are conflicts between monumentation on the ground, and mapping for the construction of the interstate, and that a new legal will be prepared after a field survey has been prepared. The revised legal description shall be written to place this site contiguous to the Corporate City Limits of the City of Meridian (Ord. No 660, 8/2/94). 2. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 4. Although the cover sheet indicates the proper request for zoning of C-G (General Commercial), the narrative refers to a zoning of C-2, which is the Highway Commercial zone in Ada County. All statements made in the application should be corrected for the file. 5. A development agreement is required as a condition of annexation. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 KANTI PATEL ANNEXATION AND ZONING (C-G) 15. The Meridian Fire Chief, Kenny Bowers, submitted the following comment that they had no problem with this annexation and zoning. 16. The Meridian Chief of Police, Bill Gordon, had no comment. 17. The Central District Health Department added the following comments. After written approval from the appropriate entities are submitted, they will approve this application for central sewage and central water. The plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 18. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 19. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 20. That the Application requests that the parcel be annexed and zoned C-G General Retail and Service Commercial District; that the present use of the property is vacant pasture; that the Applicant indicated that the intended use of the property would be for a three story motel. 21. That the property can be serviced with City water and sewer. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 KANTI PATEL ANNEXATION AND ZONING (C-G) 22. That the C-G, General Retail and Service Commercial District is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: IC-G) GENERAL RETAIL AND SERVICE COMMERCIAL - The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 23. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 24. There was no further testimony at the hearing. CONCLUSIONS 1. That 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 Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 KANTI PATEL ANNEXATION AND ZONING (C-G) 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the Applicant has initiated the annexation application. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer. 10. That proper and adequate access to the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 KANTI PATEL ANNEXATION AND ZONING (C-G) available and will have to be maintained. 11. That since the Applicant's property is in the Mixed Land Use section of the Comprehensive Plan, the annexation and zoning Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies. 13. That a condition of annexation and zoning of the proerty is that the applicant shall enter into a development agreement with the City, which shall include but not be limited to all staff comments submitted with this application and all other government agencies submitting comments. The development agreement shall be entered into and recorded prior to the final plat approval and prior to the issuance of any building permits. 14. It is further concluded that any comments, recommendations and requirements of the City Engineer, the Planning and Zoning Administrator, The Planning and Zoning Commission, all other Meridian Departments submitting comments and all other government agencies submitting comments shall be complied with in order to obtain annexation and zoning of the property noted herein. Therefore, based on the Application, these Findings of Fact and Conclusions of Law, and the Ordinances of the City of Meridian, it is ultimately concluded that the Applicant's property should be annexed and zoned C-G and all representations shall be met; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11 KANTI PATEL ANNEXATION AND ZONING (C-G) conditions are met. 15. With compliance of the conditions contained herein, the annexation and zoning would be in the best interest of the City of Meridian. 16. That if the conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER Keith Borup VOTED COMMISSIONER Byron Smith VOTED COMMISSIONER Mark Nelson VOTED COMMISSIONER Tammy de Weerd VOTED CHAIRMAN Malcolm MacCoy (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 12 KANTI PATEL ANNEXATION AND ZONING (C-G) DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated- above in the Conclusions for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant be specifically required to meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: PATEL RANTI C-G FF CL 7-7-98 -- Final DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 13 KANTI PATEL ANNEXATION AND ZONING (C-G) '