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HomeMy WebLinkAboutPatel, Kanti CUP VALLEY ~1~' HUB OF TREASURE Mayor A Good Place to Live ROBERT D. CORRIE -. CITY OF MERIDIAN o~~~,, Members CHARLES ROUNTREE 33 EAST IDAHO MERH)IAN, IDAHO 83642 GLENN BENTLEY Phone (208) 888-4433 • Fax (208) 887-4813 RON ANDERSON KEITH BIRD LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT ~zo8> s8~-zz u 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 s ecial meetin 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 RECL,gMATION(PRELIM & FINAL PLAT) IDAHO TRANSPORTATION DEPARTMENT YOUR CONCISE REMARKS: ~ ~ NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on August 4, 1998, for the purpose of reviewing and considering the application of Kanti Patel, for annexation and zoning of approximately 1.66 of land located in the E. %2 of Section 17, T.3N., R.1 E., Boise Meridian, Ada County, Idaho, and which property is generally located between I-84, Eagle Road, Gentry Way and Allen Street. The Application requests a zone of C-G. Further, applicant requests a conditional use permit fora 3 story motel located between I-84, Eagle Road, Gentry Way and Allen Street. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and alt interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 15th day of July, 1998. WILLIAM G. BERG, JR., I CLERK PUBLISH July 17 and July 31, 1998. ,~kt1(E~~ ~ 4! @i'! f !)PEA ,~ `~~ "" 4~ "t^' ~~ ,fir .~ ~, .~ a w '~ ~, ~' ~.~~~ ~~ 1 lif ---~, I ~~'~ ~` ,,, ~ _, ~~ I ~ 'I wi ~ ~ = rs.ni ~ ~I '~ I I I .r < ` i ~ ~ ~I ' i ~' 1 ~~ I I ~ '~ I ~ ~t •~ s ~~~ _~'. I. ~. J ~~ =__ ~, .\ ,~ 1 3~ 1111\ ~~` \\\1111/ \' --~ ~^ ~ ~ 1 i ~t~ 111 ? 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O ~ 3a ~~~ ~3 W ZG ~ ~s<~F- 2 ~ ~ Y o,~ ~~ cn I~ v Z i ~: •'~^ O i V / ~ ~. ~~~~ ~~ {i z I i , • CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT 6 u} ~~ 2- ADDRESS: ~, (~ ~ ~~ l Q..V l ~ (~ .~,V ~_ ~~o lS ~ ~ ~ .P-0.M~'~ g 3 ~ o ~?/ GENERAL LOCATION: ~-~T W ~ ~ ~ Z w g ~- , ~ AL L ~ ~., ~ ~ N T ~ i.U~ ~ , ~ ~~t/~ ~ `aI DESCRIPTION OF PROPOSED CONDITIONAL USE: M o I ~~- • ~ STo ~..`'~ ZONING CLASSIFICATION: " = ~ G G' I certify that the information contained herein is true and correct. ~~~~ Si e of Applican ~~./ ~~ ~-/ r l ~~~ Social Security Number le -/ LEGAL NOTICE OF PUBLIC HEARING Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian Planning and Zoning Commission will hold a Public Hearing in the Meridian City Hall on at _.m The purpose of the Hearing is to consider a CONDITIONAL USE PERMIT submitted by the property generally descnbed as located at -~ SUBDIVISION, BLOCK ,LOT for TO May 14, 1998 City of Meridian 33 East Idaho St. Meridian, ID 83642 (208) 888-4433 (208) 887-4813fx RE: Application for Conditional Use Permit \_J # 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 verify that the information contained therein is true and correct. # 16 I Kanti Patel will post a sign on the property 1 week before the hearing stating that Y have applied for a Conditional Use Permit. Ifyou have any questions, please call me at (208} 327-3545. Sincerely, G~ ~ ~~~~ anti Patel 4985 N. Paynton Wy Boise, ID 83713 File:C/SECl1998MISCl97-1 SSKantiPatel(2) 05/15/1996 10:45 0 x ui m W a a m a May 15, 1998 2083435556 i City of Meridian Planning & Zoning 200 E. Carlton, Suite 201 Meridian, ID 83642 DESIGN RESOURCE JOB: (97-DRL-155) Holiday Inn Express on AUen St. PAGE 01 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 traffic area created by I-84 and Eagle Rd. The motel will be a 60 unit 3-story motel with swimming pool and exercise room, Al] support facilities like laundry are done within the motel 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 residential useldesign. The motel is compatible with the surrounding developed commercial area and will not impact the traffic as much as commerical or office structures the same size as the motel. The motel serves as a builder between the fi~eeway 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 further questions, please call (208)343-5511. H ~i•~ L N v ^~ N ~~ Rocky T OwnerlA RRT/tlb MAY 15 '98 1045 2083435556 PAGE. 02 • T i T Q E _r {; ~~ ~d L ~ ~ N T Q D _- ~5 ~ ~ ~~ S ~ 6 ~~ ~ ; ~ _ 5 ~ ~# -- - i= -- ~~~ r, _< ~ ~ ~~ ~ _ ~ ~ ¢n ,~ ~, ~~ Z t ~; -- i ~ ~i __ 0 tS LL 6 ~~ " ~~ Z i 0= ~- W~ ~2 i E~ ; ~ , E~ z > mfr e CS ; E~ ~~ L!~ C ~• ~ $if =i -- '!~ - ---- 0~~~ ~WY Ii ~ ~~ -- ~ ~ i $S $~ ~~ ~Y ~~ ~t r ~~ ! ~ ~ ~ ~ M T Q e Q~t 4 f a ~ ~{ -- - - ~t rs i __ ~~ - - - ~~ 1i ~~ ~ ~ifC ~ ~ °§ ~ ~ -- ~ { ~ r a~ . ~ . a~ t E~ D~ z J ~ i a ~ '~8 0 ~f ~ i' ______--'-'- _ _ J LL i ± ~~ M~! ~ i $ _ ~S 6 D~ _ .T~ Z E~ ,E§ ` ~I -- ~~~ i -- - ~~~ § q~Y id RS # 8 ` = ` -- bs ~~ ~ Dd 8~ e 9r &~ - t - - ~~ 1 ~ r `J T ~~ w A' Y d `Q~ o------- __ ..,..._, ....... r a e(~ o---off ~ II ,, i;~~~~~~~ ~' ~ e o-~~- I ~ F: ~p [[c ~= 8 I I I:4 p l~ ~ I ~ ~ es o---~; o ~ ti~ ~ ~ i ..~~ R ~~ o--- I ~` .~., ,~~ ~~ O- "E ~ ~a ~ o- W '~ o- a W J tY o-__ I _ _ I ,~a v~t~ ~' _> ~~ ~~~2 s I I 42 Ldt 9~q I C ~ r o--- (I o ~o~ I ~ o: .NNE s a~ a~ t'~ o-__ I ~~ ~ W ryir ~ ~ ~ ~ W I ~ ~ ~ ~~ 0--- ~~ W ~~ 3 ~L a--- I I ~~ ~ ~ ' z z L ' n ~~ ~ ~ ~ ., .........:. 6 6 d ! 1 1 d .ter. ~ d . z z ~ ~ ~ ~€ d d 0 Y 6 ~ ~ •. 04/16/98 ^ z ~ ~ = '~F" 3 ,~ ~ ~ .~,~ ~«.~ :l'; . ~ . . i . ' ~... ~~ .. ~` I KANTI PATEL REQUESTING FOR ZONING AMENDMENT AND ANNEXATION FOR C-2 ZONE. ```~ ~ ~ \ 111 I IBI I I l / / ~ ~ ~,,i y~; ~OTARy ;~ *• ~.+ •*~ ~~. .o. ''~~~~~~ ~i11i~P~~``\ BY KANTI PATEL I Q U~t~ A NOTARY PUBLIC, DO CERTIFY THAT ON THIS j ~ DA F~ lg C~~~ pERSONALLY APPEARED BEFOR ME ~ ~~ ME -RAE THE PE SR oN W~FiOSEINAME ISDSUBSCRIBEDATO WITHIN TO T INSTRUMENT, C SSION EXPIRES ON ~ ~ ~ aD~/.% Meridian City Council August 18, 1998 Page 6 the end of the meeting, and then if somebody wants to stay and listen to it they can. They we'll go ahead. Rountree: For the record nobody in the audience indicated that they wish it to be read in total and that being on the record, that being the case Mr. Mayor I would move that we defer the reading of the Ordinance identified in item number 6 to item 18 on the agenda. Anderson: Second. Corrie: Motion made and second that we defer item number six to item number 18 at . the end of the meeting. Any further discussion? All those in favor say aye. MOTION CARRIED: All ayes. ITEM NO. 7: CONTINUED PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FORA 3 STORY MOTEL BY KANTI PATEL. Corrie: At this time I will ask for the applicant or his representative to speak first. ROCKY TOWLE 2210 BROADWAY BOISE WAS SWORN BY THE CITY ATTORNEY. Towle: We'd like to have the previous testimony for the conditional use be incorporated and if you have any questions, I'd be glad to answer them. Corrie: Council do you have any questions of the representative of the applicant? Rountree: I have a question for Gary. Have your site specific questions been addressed at this point? Smith: Mr. Mayor and Councilmen, Councilman Rountree, let me do a quick check in my file so I can answer that. Mr. Mayor and Council members, Councilman Rountree we didn't have a specific request for them to address our comments and reply. I guess our request would be that if this project is approved that it be approved with inclusion of the staff comments as submitted. Rountree: Okay. Smith: And again I would point out that I think items 2, 3, and 4 that deal with water service to this project are of most importance. Bentley: Mr. Mayor I have a question I wanted to ask Shari. Shari have you gone over the parking and making sure it's adequate? • • Meridian City Council August 18, 1998 Page 7 Stiles: Mr. Mayor and Council, Councilman Bentley, the parking shown they show 68 spaces. They have 66 rooms. The parking requirements would be 1 for each room plus one for each employee. The 68 spaces would mean that they would only have 2 two employees on the site at any time. I thought it was a little on the parking. I don't think that's been addressed. Also the screened trash enclosure has not been shown and that may displace one of the parking areas. Another thing that I would specifically included in this conditional use permit is to make sure the signage is reviewed and approved by City Council or Planning and Zoning Commission as part of the application and that we not end up with another Jackson's. I don't believe they have any details of any signage yet, but that was something I specifically asked for. Corrie: I believe Shari that's in F on page 15 on the signage that you were talking about. Bentley: I have a question for Gary. Is the sewer capacity okay to handle this? Smith: I believe that that is not a problem on the sewer capacity, no sir. Bentley: Thank you. That's all I have. Corrie: Any further questions from Council? Towle: Any questions on the parking or the trash enclosure? The trash enclosure will be. The parking we've gone through to do a study saying that by the time 8:00 rolls around and the employees come in enough patrons have left so that we think that we have adequate parking the way it is, and the signage will be taken up individually as far as that goes. Thank you. Corrie: Since this is a continued public hearing, is there anyone else from the public who would like to issue testimony in this? Council, any further discussion? Okay hearing none, I will close the public hearing and council your choice here. Bentley: Mr. Mayor I would move that we adopt the Findings of Fact and Conclusions of Law as presented by the Planning and Zoning Commission and to incorporate the conditions and changes that were brought about by staff. Rountree: Second. Corrie: Motion made by Mr. Bentley second by Mr. Rountree to approve the Findings of Fact and Conclusions of Law that was presented by the Meridian Planning and Zoning Commission plus the additions of the staff comments. Any further discussion? ROLL CALL VOTE: Bird, yea. Bentley, yea. Rountree, yea. Anderson, yea. Meridian City Council August 18, 1998 Page 8 MOTION CARRIED: All ayes. Corrie: I will entertain a motion for the decision and recommendation. Bentley: Mr. Mayor the City Council of the City of Meridian hereby 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 other 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 codes, and parking requirements the paving and landscaping requirements and all other ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Anderson: Second. Corrie: Motion by Mr. Bentley second by Mr. Anderson of the decision recommendation that was read. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All ayes. ITEM NO. 8: TABLED AUGUST 4, 1998: REQUEST FOR PRELIMINARY PLAT FOR SHERBROOKE VILLAGE SUBDIVISION BY WESTPARK COMPANY, INC. -NORTH OF VICTORY AND % MILE EAST OF LOCUST GROVE. Corrie: Is the representative from the Sherbrooke Village here tonight? Becky would you like to come forward and be asked questions? If not we will act on your request. Do you want to come up and just see if council has anything. Bowcutt: I thought the pubic hearing was closed on this. Corrie: It is. It's not a public hearing. We're just asking if there are any questions the council might have. Bowcutt: Any questions you may have, I can answer. Corrie: None? Okay, well, thank you Becky. Okay Council you have the preliminary plat before you. How do you wish to proceed? Rountree: Mr. Mayor, I move that we approve the preliminary plat for Sherbrooke Village Subdivision subject to staff comments. Bird: Second. MERIDIAN CITY COUNCIL MEETING: August 18, 1998 APPLICANT: KANTI PATEL ITEM NUMBER: REQUEST: CONDITIONAL USE PERMIT FOR 3 STORY MOTEL 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: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED MINUTES FROM 8/4/98 / ~- j` ~ ~, ' (~ ~ ~ ~~ t ~!~ r~ v~ ~~ ~ r w~~ ~~~~~ f~ ~ ~~~ ,n,~~~ ~~ 1 All Materials presented at public meetings shall become property of the City of Meridian. • Meridian City Council August 4, 1998 Page 28 Bird: Second. Corrie: Any further discussion? All those in favor of the amended motion, say aye. MOTION CARRIED: All ayes. ITEM NO. 7: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR A THREE STORY MOTEL BY KANTI PATEL. RICH ALLISON WAS SWORN BY THE ASSISTANT CITY ATTORNEY. Allison: He's request a three story motel on this site and a conditional use permit to accompany it. Do you have questions? Prior: You can just ask too if you'd like your prior testimony incorporated. That can be done. Allison: Would you like my prior testimony incorporated? Corrie: It's up to you. Allison: Thank you. We certainly appreciate your patience by the way gentlemen. Corrie: Any questions of Mr. Allison? Anyone else from the public who would like to issue testimony on item number seven request for conditional use permit. Council discussion? Questions? Rountree: Mr. Mayor by way of discussion any action on this particular item obviously has to be deferred until the annexation is done, but I would like it to include some direction to the applicant to provide the presentation at our next meeting before we consider the conditional use permit. Smith: Mr. Mayor and Council, I would tike to reiterate site specific comment items number 2, 3 and 4 dealing with water service to this site. Thank you. Prior: Mr. Mayor if I may. Councilman Rountree if it's your desire to have a presentation, it's going to be necessary that this public hearing be continued. Rountree: That's possible. Mr. Mayor I move to remove item number seven from the table and that the public hearing on the conditional use permit for the three story motel be continued until our next regularly scheduled meeting August 18tH Bentley: Second. Meridian City Council August 4, 1998 Page 29 Corrie: Motion made by Mr. Rountree and second~by Mr. Bentley to remove item number seven from the table and to extend the public hearing until August 18th. Any further discussion on that? All in favor of the motion say aye? MOTION CARRIED: All ayes. Bird: I believe the people are here from item eleven too. Corrie: I have to have Council to approve to back from off. They tabled that to August 18th, so I need to have the okay from Council. Bentley: I would move that we remove from table item number 11 request for final plat for Thunder Creek. Bird: Second. Corrie: Motion made by Mr. Bentley and second by Mr. Bird to remove item number 11 from table and request that we hear the final plat request for Thunder Creek Subdivision by Meridian Land Development LLC. Corrie: Motion is made and second. All those in favor of that motion say aye. MOTION CARRIED: All ayes. ITEM NO. 11: REQUEST FOR FINAL PLAT FOR THUNDER CREEK SUBDIVISION BY MERIDIAN LAND DEVELOPMENT LLC -NORTH OF PINE AND EAST OF TEN MILE: Corrie: Now, Mr. Eddy. Eddy: I had three belief systems coming in here today. One being death, one being taxes, and the third being city council able to go through ten items in an hour. So I apologize for being late and I appreciate the opportunity to present this project to you. Staff should have received our comments today concerning responses to their general comments and site specific comments. We are in agreement with all the conditions. The project is unchanged from the preliminary plat that was presented before you several months ago, and I'll entertain any questions that you might have. Corrie: Staff. Gary, do you have any comments? Smith: Mr. Mayor and council members, I don't believe I have any comments on the project. We did receive their comments concerning our comments and I don't see a problem with their response. Corrie: Shari? • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION 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 - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 1 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 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 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 - 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 - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 4 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 - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 5 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 - 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 - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 7 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 OMMENTS: 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 - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 8 FOR A THREE STORY MOTEL C~ 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• 1-1 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. signage plans must be included as part of athed 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 - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 9 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 - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 10 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 - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 11 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 - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 12 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 - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 13 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 - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 14 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 ap rove all signage of and ty~P, Sign permits are to be FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 15 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 will provide a screened trash enclosure per City Ordinance Section 11-2-414.A.3. The applicant shall coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc., locating dumpsters so as not to impede fire 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 - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 16 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 - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 17 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 : ~.- 7-7-98 -- FINAL DISAPPROVED: ~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - KANTI PATEL - CONDITIONAL USE PERMIT (C-G) Page 18 FOR A THREE STORY MOTEL 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 ~8 ~ day of ~~~~~ ~ , 1998. ROLL CALL COUNCILMAN BIRD COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN ANDERSON VOTED VOTED VOTED VOTED MAYOR CORRIE (TIE BREAKER) (INITIAL) APPROVED VOTED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~ ~ p MERIDIAN PLANNIN~D 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 144NTI 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 PLANNIN 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 ZONE) BY WESTPARK COMPANY, INC -NORTH OF VICTORY & %4 MILE EAST OF LOCUST GROVE. De Weerd: Mr. Chairman. MacCoy: Yes. • • 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~ A 1 1 L\1 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 l ~ ~r~ ~' ~ ,~ / ~` Yfl ^G ~~P r~- ~ ~f~ ~f ~ l 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 1 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, 1 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~i we direct the Assistant City Attorney to prepare Findings of Fact and Conclusions of Law on this item. ~ ~ 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 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 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 prepared after a field survey has been completed. ®® ~~~Q~G1STEq~ s~i~~98 a X3775 G. i ~ MERIDIAN PLANNING 8~ 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: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: ~~ MERIDIAN POST OFFICE: ~ J~ ~~~ ADA COUNTY HIGHWAY DISTRICT: / j~;~ a ' "y' ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS 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. Mayor ROBERT D. CORRIE Council Memberc CHARLESROUNTREE GLENN BENTLEY • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN RON AN ~ ~ ~ ~y-~ jT-1 KEITH ~ -~ MAY 2 ~ 1998 `l`, ,~ ~I' .~I~R.IDIAN 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 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) MARK NELSON, P/Z ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION -KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH -ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT -CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) -KEITH BIRD, C/C U.S. WEST(PRELIM 8 FINAL PLAT) -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -WATER DEPARTMENT SEWER DEPARTMENT BUREAU OF RECLAMATION(PRE IM & FINAL PLAT) - -BUILDING DEPARTMENT IDAHO TRANSPORTATION E TMENT i -FIRE DEPARTMENT YOUR CONCISE REMA S: ~~ POLICE DEPARTMENT -CITY ATTORNEY y: -CITY ENGINEER 1 -CITY PLANNER PARKS DEPARTMENT CITY FILES Mayor ROBERT D. CORRIE • HUB OF TREASURE VALLEY • A Good Place to Live Co~n~>> Members CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (zo8> 8a4-4264 PUBLIC WORKS BUILDING DEPARTMENT (208>887-22It 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 ~^ C._ ~~ ,~~zvE D MAY 2 2 1998 C`,mF ~~ MERIDIAN 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 8~ 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:_ ~ ~ ~ ` ~~ ~~ cn~-~ - CENTRAL CENTRAL DISTRICT HEALTH DEPT •• DISTRICT Environmental Health Division ~R'HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary /Final /Short Plat ~ ~~~ y p~~,-- ~, ^ I • We have No Objections to this Proposal. ENT Return to: ^ Boise ^ Eagle ^ Garden City ~. Meridian ^ Kuna ^ Acz JUN 5 1998 ^ 2. We recommend Denial of this Proposal. CITY OF MERIDIAN ^ 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 i~swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~' t 4. - ~ ~= ~~'6i ~~ ~,~.AQG4/%/~'l~7/~r4~~7D~ / ~Y' Date: ~ / oc ~j~~ ~6/1/f'J ~~ f l/~//~G'~/~E/t/% ,~ Reviewed B CDHD 10/91 rtb, rev. 7/97 Review Sheet CENTRAL •• DISTRICT ~i~1'HEAL DEP TH ARTMENT MAIN OFFICE • 707 N. ARMSTRONG Pl. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-8500 To prevent and treat disease m:d disability; to promote healtiry lifestyles; and to protect and promote the healtk 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 1606 Roberts Boise, ID 83705 Ph. 334-3355 FAX: 334-33552P Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 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 K ~ ~ RECE~D JUN - 5 1998 CITY OF MERIDIAN ~t~Ct 8t ~PFrticllu~L ~n~tlgat~a~ ~l~iiCS 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 ill 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 Paled 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 site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, ~.~~- Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH.•dln cc: File -Shop File - O,~`ice Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1 June 1998 t Kanti Patel 2600 Fairview Avenue Boise, ID 83702 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # ~~25~lI~~CX 208-463-0092 ry ~~' Phones: Area Code 208 OFFICE: Nam~j~a 466-7861 X~J,~CXXC1jX SHOP: Nam a 466-0663 X~~CXX~~SX 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 Imgation 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 Imgation 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.Q~C.~C~ ~. G~ Donna N. Moore, Assistant Secretary/Treasurer cc: File Water Superintendent City of Meridian enc. ~ ~tEcErvED JUN - 5 1998 CITY OF MERIDIAN ~ & ~1~~ ~~g D~~~t APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 2 June 1998