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1995 10-26 MERIDIAN PLANNING & ZONING COMMISSION SPECIAL MEETING AGENDA THURSDAY, OCTOBER 26, 1995 - 5:30 P.M. CITY COUNCIL CHAMBERS FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR A FULL SERVICE RESTAURANT BY ALBERT 8 SUSAN BERNER AND MARIE NANNI: (APPROVED) 2. FINDNGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR BEFORE AND AFTER SCHOOL BY JOE AND LESLIE PALMER: (APPROVED) 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR DRIVE THRU WINDOW FOR TRAVEL CENTER BY JACKSONS FOOD STORES: (APPROVED) 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR A RESTAURANT WITH A DRIVE UP WINDOW BY WESTERN DELI SHOPS: (APPROVED) MERIDIAN PLANNING & ZONING COMMISSION OCTOBER 26. 1995 The Special meeting of the Planning & Zoning Commission was called to order by Chairman Jim Johnson: MEMBERS PRESENT: Jim Shearer, Charlie Rountree, Tim Hepper: MEMBERS ABSENT: Moe Alidjani: OTHERS PRESENT: Will Berg, Wayne Crookston, Shari Stiles: ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR A FULL SERVICE RESTAURANT BY ALBERT AND SUSAN BERNER AND MARIE NANNI: Johnson: Any discussion or comments, corrections to be made to these findings of fact as prepared by the City Attorney? Anyone have any comments? Entertain a motion for approval as prepared then. Rountree: So moved. Hepper: Second Johnson: It has been moved and seconded that we approve the findings of fact and conclusions of law as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent. MOTION CARRIED: All Yea Johnson: Any decision or recommendation you wish to pass onto the City at this time? Rountree: Mr. Chairman, I Move that the Planning & Zoning Commission recommends to the City Council that they approve the Conditional Use Permit applied for. Shearer: Second Johnson: Moved and seconded to pass a recommendation on as stated by Commissioner Rountree, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR BEFORE AND AFTER SCHOOL BY JOE AND LESLIE PALMER: Meridian Planning & Zoning Commission October 26, 1995 Page 2 Johnson: Any discussion regarding these findings of fact? Susan you want to get a copy of these as soon as you can probably tomorrow. If you want one there is one now. Now that they are approved you can have it. There is quite a bit in there. You want to review those. Thank you for coming. Any comments regarding the Palmer's findings of fact and conclusions of law? Entertain a motion then please. Rountree: Mr. Chairman, I would make a motion that the Meridian Planning and Zoning Commission adopts and approves the findings of fact for the next 3 items on the agenda. Shearer: Second Johnson: Any discussion regarding that, anybody have any objections to doing all three at once? We have a motion and a second then all those in favor of approving all three with one fell swoop, this is a roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Absent MOTION CARRIED: All Yea Johnson: Decisions and recommendations as written? Rountree: Mr. Chairman I so move. Shearer: Second Johnson: Moved and seconded that we approve the decisions and recommendation to the City Council as prepared on all three items, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Any further motions? Shearer: I move we adjourn. Rountree: Second Johnson: Moved and seconded we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 5:34 P.M. Meridian Planning & Zoning Commission October 26, 1995 Page 3 (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: ~~ WILLIAM G. BERG, JR., 1 CLERK APPROVED: J HN ,CHAIRMAN • • ORIGINAL BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JOE AND LESLIE PALMER CONDITIONAL USE PERMIT FOR BEFORE AND AFTER SCHOOL CENTER 1608 N. MERIDIAN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing October 10, 1995, at the hour of 7:30 o'clock p.m., the Petitioner, Joe Palmer, appearing in person, 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: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 10, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 10, 1995, 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. That this property is located within the City of Meridian and the Applicant is not the owner of the property; that the owners ad Chuck and Vella Palmer and they have given consent for this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 JOE AND LESLIE PALMER 3. That the intention of the Applicant is to operate a before and after school center and child care facility; that the center/facility will be for children ages 6-10 and pre-school for younger children; that this will be a day care facility and not used as a residence; that the Applicants are applying for a license from the Department of Health and Welfare. 4. That the property is currently zoned C-C Community Business District. 5. That the CC Community Business District is described in the Zoning Ordinance, 11-2-408 B.9. as follows: (C-C) Communitv Business District: The purpose of the (C-C) is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 6. The Applicants request that a conditional use be granted for the operation of a Day Care Center. 7. That Mr. Palmer testified that this proposed facility, the property which he is leasing, is for a before and after school center; that the adjacent facility, which he owns, currently runs a regular day care center .for under school age children; that one building exists in the back or to the east of this proposed facility, which is currently being rented and doing business as a dental lab; that the adjacent building, which is owned by Mr. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 JOE AND LESLIE PALMER Palmer, has two detached buildings behind it, one used for Mr. Palmer's office for his vacuum business and a 2000 foot shop, soon to be vacated by the tenant, a cabinet maker; that Mr. Palmer is in agreement with the staff comments except he has a problem with any additional trees out in the front, but could put them behind the building in the back and would comply with the sidewalk and gutter out front with landscaping accordingly; that the children would be dropped off, brought in and picked up the same way, using adult supervision. 8. The Assistant to the City Engineer, Bruce Freckleton, submitted comments which are incorporated herein as if set forth in full; the comments address the off-street parking requirements, outside lighting, paving and striping, and signage shall meet all Meridian City Ordinances; that sewer and water are available but the use may require additional charges or fees and that all construction shall conform to the requirements of the Americans with Disabilities Act. That the Applicant did not submit plans for paving the parking lot of their business at this proposed facility; that paving for the Applicant's business adjacent to this proposed facility was submitted and was approved on October 31, 1994; that since a letter sent by Shari Stiles, dated, August 9, 1995, to the Applicant's regarding their non-compliance regarding the off-street parking requirements at the 1524 N. Meridian Road address; that the Applicant's have since had the paving completed at the 1524 N. Meridian Road address while also having the paving done at this FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 JOE AND LESLIE PALMER proposed facility but no plans were submitted and/or approved for the parking lot for this application; nor does the existing drainage sump at the adjacent facility, at 1524 N. Meridian Road, have adequate capacity in its design to accommodate the extra area; that as per City Ordinance, a drainage plan designed by an architect or engineer, licensed by the State of Idaho, shall be required for all off-street parking areas. The drainage plan shall be submitted for review and approval by the City Engineer. That Mr. Palmer stated to Mr. Freckleton during the construction of the parking lot, that his engineer had looked at the drainage sumps, and had given his approval; that it is suggested that the Public Works Department receive a statement, prepared and certified by an Idaho Licensed Professional Engineer, indicating the quantity of drainage water that is generated on the proposed facilities' property and that the additional quantity of drainage water will not adversely impact the functionality of the approved drainage facility constructed in the parking lot at 1524 N. Meridian Road. 8. That the City Planning and Zoning Administrator, Shari Stiles submitted comments which are incorporated herein as if set forth in full; five-foot (5') sidewalks shall be installed per City Ordinance; that any existing irrigation or drainage ditches crossing the property shall be piped; that landscaping shall be provided in accordance with City Ordinance; one (1) three-inch caliper tree is required for every 1,500 square feet of paving; FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 JOE AND LESLIE PALMER that since Meridian Road is an entrance corridor to the City, particular attention needs to be paid to landscaping along this corridor; that a Certificate of Occupancy is required prior to opening and contingent upon meeting all zoning, building codes, public works and Fire Department regulations; that children should not be permitted to walk across the driveway without an adult in attendance; that parking and striping shall meet City Ordinance; one (1) parking space per ten (10) children plus one (1) per employee is required; that the children shall not be dropped off from Meridian Road; that the Applicant shall submit a copy of the facility's license from the Idaho Department of Health and Welfare to the City Clerk's office prior to opening, in addition valid operators' licenses shall be available for inspection during all operating hours by City and State personnel. 9. The Meridian City Police and Fire Departments, the City Building Department, Nampa-Meridian Irrigation District, Central District Health Department and Meridian Sewer Department submitted comments and they are hereby incorporated herein. 10. That there was no public testimony given 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 JOE AND LESLIE PALMER within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities, may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. That the City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 JOE AND LESLIE PALMER of Meridian, and the record submitted to it and the things of which it may take judicial notice. 6. That 11-2-418(C) of the Revised and Compiled Ordinances 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; that upon a review of those requirements and a review of the facts presented and the conditions of the area and 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. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use is designed and 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. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic will increase, but due to the drop-off and pick-up being off of Meridian Road it should not be a problem. e. The property has sewer and water service already connected. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community.. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 JOE AND LESLIE PALMER g. If the conditions involve a use, activity, conditions of operation person, property or the excessive production of glare or odors. are met, the use should not process, material, equipment or that would be detrimental to general welfare by reason of traffic, noise, smoke, fumes, h. That sufficient parking for the proposed use will be required to meet the requirements of the City ordinance. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 7. That the Applicant shall comply with all Meridian Ordinances, including the Uniform Building Code, Sewer and Water Ordinances, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Uniform Fire and Life Safety Code, and all parking and paving requirements. 8. The Conditional Use Permit, if granted, should be reviewed periodically to see if the Applicant continues to meet the requirements of the permit. 9. That the Applicant shall provide to the City copies of all Health and Welfare child care licenses prior to opening for business. 10. That the Applicant shall meet and comply with all of the requirements and statements of City staff included or referenced in these Findings of Fact and Conclusions of Law. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 JOE AND LESLIE PALMER ROLL CALL COMMISSIONER HEPPER VOTED ~I,~ ~ COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI I/~ VOTED__ (L^~ - /'~7~ ~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION 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, and other 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: ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 JOE AND LESLIE PALMER • • ORiGi~fAL BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CONDITIONAL USE PERMIT FOR PAISANO'S ITALIAN RESTAURANT AL ~ SUSAN BERNER & MARIS NANNI, APPLICANTS NE CORNER OF EAST 1ST AND PINE STRSET FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing October 10, 1995, at the hour of 7:30 o'clock p.m., the Petitioners, appearing through Al Berner and 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: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the public hearing scheduled for October 10, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 10, 1995, 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. That this property is located within the City of Meridian and the Applicants are not the owners of the property; that the owners of the property are Loyd E. and Sally M. Jones; that the property is described in the application which description is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 1 incorporated herein. 3. That the property is zoned Old Town, which requires a conditional use permit for the operation of a full service family restaurant. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi- public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the Applicant testified that the tentative business hours will be from 11:00 a.m. to 9:00 p.m., six (6) days a week and proposed to be closed on Sundays, at this time; that there is an apartment above the building and the only off-street parking which exists now is just behind the building where there is a driveway for the tenants of that apartment; that the building exterior will basically stay the same; that the only changes will be cosmetic; that a decorative awning with the name of the restaurant and the type of restaurant will be on the awning and on the side of the building itself; that light will basically be the same as presently FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 2 exists; that regarding Ms. Stiles' comments of the landscaping, the Applicant is willing to consider and discuss her comments with her. 6. That the use proposed by Applicant is a specifically allowed conditional use in the Zoninq Schedule of Use Control, 11- 2-409. 7. That sewer and water is available to the property. S. That the Applicants stated in the Application that they agree to pay any additional fee regarding trash, sewer, or water. 9. That Mr. Berner testified before the Commission that the draft he had from the Ada County Highway District basically bought off on the Conditional Use; that their concern is traffic and parking; that there will possibly be am impact of an additional 300 vehicle trips per day. 10. That Mr. Berner also testified that his own observations of the area after 5:30 p.m. were that there are quite a number of empty parking spots, both on East First and on Pine Street, and that the Applicant is proposing all parking to be on public right of way. 11. That the Meridian Planning and Zoning Administrator, Shari Stiles, and Assistant City Engineer, Bruce Freckleton submitted comments and they are incorporated herein as if set forth in full; that paving and striping shall be in accordance with the standards set forth in 11-2-414 D.4 and 11-2-414 D.5; that all signage shall meet 11-2-415; that off-street parking shall be provided in accordance with Section 11-2-414; that a drainage plan FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 3 designed by an architect or engineer, licensed by the State of Idaho, shall be required for all off-street parking area; that the drainage plan shall be submitted for review and approval by the City Engineer; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residential area and in accordance with City Ordinance, Section 11-2-414.D.3; that all construction shall conform to the requirements of the Americans with Disabilities Act and that the sanitary sewer and water to this facility would be by means of existing service lines and that assessments will be reviewed during the building plan review process; that the comments from the Planning and Zoning Administrator, Shari Stiles, were specifically that the Ada County Highway District approvals for use within the public right-of-way shall be submitted to the Meridian Public Works Department prior to occupancy; that landscaping should somehow be incorporated along East First Street and Pine; that a Certificate of Occupancy is required prior to opening and will be contingent upon meeting all zoning, building codes, public works, Central District Health and Fire Department regulations and that a lack of off-street parking for this project is of primary concern; that although the City owns a nearby parcel to be developed into a parking lot, budgeting and timing are indeterminate. 12. That the Meridian City Police Department, City Fire Department, Central District Health Department and the Nampa & Meridian Irrigation District submitted comments and they are hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 4 incorporated herein as if set forth in full. 13. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 14. That no other testimony was offered regarding this application. 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 grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional uae permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418 C of the Revised and Compiled Ordinances 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; that upon a review of those requirements and a review of the facts presented and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 5 conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, 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 or noise. h. That sufficient parking for the property and the proposed use is required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the comments of the City Engineer and the Planning and Zoning Administrator must be met and complied with. 6. That all Ordinances of the City of Meridian must be met, including but not limited to, the Sewer Ordinance and Pre-Treatment Ordinance, Uniform Building Code, Uniform Fire Code, Uniform FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 6 Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, and all parking and paving requirements. 7. That the structure on the property must be brought up to all codes prior to issuance of an occupancy permit. APPROVAL OF FINDINGS OF FACT AND The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED j ~ ~ ~~~ VOTED~~ VOTED ~-~~~ VOTED`2V~i-S~-'-t VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law. MOTION: APPROVED:V~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAISANO'S PAGE 7 ~ OR~G(f~'~L BEFORB THE MERIDIAN PLANNING AND ZONING COMMISSION WESTERN DELI SNOPS, INC. CONDITIONAL USE PERMIT CENTRAL VALLEY CORPORATE PARK. LOT 5 MERIDIAN. IDANO FINDINOS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing October 10, 1995, at the hour of 7:30 o'clock p.m., the Petitioner, appearing through their representative, Jeff Nelson, and 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: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 10, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 10, 1995, hearing; the Applicant's representative, Jeff Nelson, appearing in person, 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. That the property is located within the City of Meridian; the property is described in the application which description is incorporated herein. WESTERN DELI SHOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 1 3. That the property is zoned C-G, General Retail and Service Commercial, which requires a conditional use permit for a restaurant with drive-up window which the application requests. 4. That the 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 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. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409 B. and the property is being developed under a commercial planned development process. 6. That the property is currently vacant and located on Lot 5 of Central Valley Corporate Park No. 3; that Shari's Restaurant is next door occupying Lot 3 and the Northerly portion of Lot 4. 7. That Jeff Nelson, representative for Western Deli's, testified that the artist's renderings of the elevations of the Schlotzky's submitted to the Commissioners is how this will look with the exception to the signs; that previously Applicant proposed two (2) curb cuts, one in two way and one out one way so that there would be a loop circulating from our lot to the East lot; that the WESTERN DELI SBOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 2 Ada County Highway District would not support this and would like to see one curb cut and the loop out to one exit; that the Applicant is providing 22 parking stalls along with two (2) handicapped; that the landscaping will comply with the Central Valley Corporate Park design standards; that there will be street scape landscaping; that the existing three foot berm between the road and the parking lot will be kept and also there will be an additional shrub berm at three (3) foot on center and also shrubs to screen the parking area. 8. That the drive-up window is located at the rear of the building; that the building itself serves to hide the drive-up window lane from view plus there will be pine trees in the rear, hiding or creating a buffer visibility to the drive-up window; that Western Deli will be purchasing only the lot where the proposed site is planned and so it will be partitioned off and the user of the east lot is unknown at this time; that a record of survey or plat will be submitted to dedicate the cross access and utility easements; that the lighting will be down cast and a drainage plan prepared by a registered engineer and the striping and paving will be in compliance with the design standards of the City of Meridian. 9. That Scholtzky's Deli does not fry or cook anything except for baking their own bread; that the only cooking equipment is an oven and two cheese welters; that the Applicant's will however be providing a grease trap at the time of construction in the case the building changes hands and somebody puts in a fryer later. WESTERN DELI SHOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 3 10. That Mr. Nelson commented on Shari Stiles' comments with regard to the landscaping; that the Applicant' s will make an adjustment to the size of the trees so that they will be a three inch minimum caliper and that the signs cause no more glare than the existing signs in the development. 11. That the East lot which is most likely going to be developed to be retail, will not be owned or developed by Western Deli but that Western Deli would maintain the easement and that the monument sign proposed to be out on the farthest end of that lot and the signage would be shared by Schlotzky's and whoever goes in there. 12. That the Assistant to the City Engineer, City Planning Director, City Police and Fire Departments, Central District Health Department, Nampa-Meridian Irrigation District and the Sewer Department submitted comments and they are incorporated herein as if set forth in full. 13. That the Assistant to the City Engineer, Bruce Freckleton specifically commented that a Record of Survey will need to be prepared showing the lines of ownership, cross access easements, utility easements, etc. with regard to the portion to be occupied by the proposed Schlotzsky's Deli and the existing restaurant, Shari's; that all off-street parking, a drainage plan, lighting, paving and striping shall be in accordance with the standards set forth in 11-2-414, all signage shall be in accordance with the standards set forth in 11-2-415, that sewer and water would be by WESTERN DELI SBOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 4 means of mains that were installed as part of the Central Valley Corporate Park Subdivision No. 3 and that assessments will be determined during building plan review; that separate sewer and water service lines will need to be installed for the area designated as "Future Development"; if the future development area is to be under separate ownership, sewer and water easements must be provided across the Schlotzsky's parcel. 14. That Planning and Zoning Administrator, Shari Stiles, commented that City Ordinance requires a minimum of one 3 inch caliper tree per 1,500 square feet of paved area; that the additional landscape treatment shown may warrant a slight relaxation of this requirement; that any existing irrigation or drainage ditches crossing the property shall be tiled per City Ordinance; that speakers in this commercial area will not affect residential areas; that illumination shall be designed to not cause glare; that a Certificate of Occupancy is required prior to opening and contingent upon meeting all zoning, building code, public works, Fire Department, sewer provisions and agency regulations; that signs shall meet the Uniform Sign Code and City Ordinance, with no flashing lights; that a lot line adjustment is needed to split this property in the manner shown, with cross access delineated on the Record of Survey for the interior parcel, unless Western Deli is purchasing the entire site for later expansion. Ms. Stiles commented that the site/architectural plan is an attractive one and that the project will be a welcomed addition to WESTERN DELI SHOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 5 the City of Meridian. 15. That there was no other public testimony given. 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 Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 4. That 11-2-418 C) of the Revised and Compiled Ordinances 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; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan and Zoning Ordinance allows restaurants as a permitted use, but since the property is WESTERN DELI SOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 6 being developed under a planned development process, a conditional use is required. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, 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 or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That all Ordinances of the City of Meridian must be met, including but not limited to, Sewer and Pre-Treatment Ordinances, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Uniform Mechanical Code, the Fire and Life Safety Code, all parking and landscaping requirements. 6. That the comments of the Assistant to the City Engineer, Planning and Zoning Director, City Police and Fire Departments, Central District Health Department, Nampa-Meridian Irrigation District, the Sewer Department, must be complied with. WESTERN DELI SHOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 7 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 HEPPER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED y VOTED DECISION AND RECOMMENDATION 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. MOTION: APPROVED DISAPPROVED: WESTERN DELI SHOPS, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 8 ~ ORIGINAL BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JACKSON'S FOOD STORES, INC. CONDITIONAL USE PERMIT FOR DRIVE-TNRU WINDOW LOT 11, MAGIC VIEW SUBDIVISION MERIDIAN, IDAHO FINDINOS OF FACT AND The above entitled matter having come on for public hearing October 10, 1995, at the hour of 7:30 o'clock p.m., on said date, at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant's representative, Dale Binning, appearing, 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: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for October 10, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 10, 1995, 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. That the property is located within the City of Meridian; the property is described in the application which description is incorporated herein; that the property is approximately 4.5 acres JACKSON'S TRAVEL CENTER - DRIVE THROUGH FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 1 in size. 3. That the property is zoned C-G, General Retail and Service Commercial, which requires a conditional use permit for drive through window. 4. That the General Retail and Service Commercial District is described in the Zoning Ordinance, 11-2-408 B. 11. as follows: j.C-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. 5. That the use proposed by Applicant, a drive-in establishment, is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11-2-409 B. 6. That the property is located on Eagle Road just North of Interstate I-84; that immediately across Eagle Road is the new St. Luke's Regional Medical Center. 7. That Jackson's Food Stores, Inc. is the record owner of the above referenced property and has consented to the application and has requested this conditional use and the application is not at the request of the City of Meridian. 8. That the application is for locating two very small satellite quick service restaurants within the existing Jackson's JACKSON'S TRAVEL CENTER - DRIVE THROUGH FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 2 travel center using a drive through window to service both restaurants, which at this time looks to be like a Blimpies or Taco Bell; that there is no food preparation and all the food is pre- cooked and brought in; that this will extend the service counter you find at Jackson's with the hot dogs and soft drinks. 9. That there was no public testimony given. 10. That the City Planning Director, City Police and Fire Departments, Central District Health Department, Nampa-Meridian Irrigation District and the Ada County Street Name Committee submitted comments and they are incorporated herein as if set forth in full. 11. That Planning and Zoning Administrator, Shari Stiles, commented that a Certificate of Occupancy is required prior to opening; that occupancy will be contingent upon meeting all zoning, building code, public works, Fire Department and agency regulations; that illumination shall be designed to not cause glare or adversely impact neighboring residential areas; that perimeter fencing shall be provided along the southern and western project boundaries to contain debris and that temporary fencing should be installed to contain construction debris; that speaker location is not shown; that the system shall be designed to not be louder than 55 decibels at neighboring property line and that all signs shall meet the Uniform Sign Code and City Ordinance. 12. That the Meridian City Fire Department commented that all codes be met with water hydrants and water pressure requirements. JACKSON'S TRAVEL CENTER - DRIVE THROUGH FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 3 13. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 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 Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 4. That 11-2-418 C) of the Revised and Compiled Ordinances 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; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. JACKSON'S TRAVEL CENTER - DRIVE THROUGH FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 4 b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property does not have sewer and water service available at this time but it will have to be provided by Applicant prior to opening. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, 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 or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That all Ordinances of the City of Meridian must be met, including but not limited to the Sewer and Water Ordinances, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Uniform Mechanical Code, the Fire and Life Safety Code, all parking and landscaping requirements. 6. That the comments of the Planning and Zoning Director, City Police and Fire Departments, Assistant to the City Engineer and the Central District Health Department must be complied with. JACKSON'S TRAVEL CENTER - DRIVE THROUGH FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 5 APPROVAL OF FINDINGS OF FACT AND The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER REPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) DECISION AND VOTED VOTED ~I~ VOTED ~" /~J\ VOTED A,~1 ~ VOTED 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. MOTION: APPROVED DISAPPROVED: JACKSON'S TRAVEL CENTER - DRIVE TAROUGH FINDINGS OF FACT AND CONCLUSIONS OF LAW Page - 6