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1995 10-100 0 MERIDIAN PLANNING & ZONING COMMISSION AGENDA TUESDAY, OCTOBER 10, 1995 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 12,1995: (APPROVED) TABLED SEPTEMBER 12,1995: ANNEXATION AND ZONING REQUEST FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: (TABLED UNTIL NOVEMBER 14, 1995) 2. TABLED SEPTEMBER 12, 1995: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: (TABLED UNTIL NOVEMBER 14, 1995; RE -NOTICE NEW PUBLIC HEARING) 3. TABLED SEPTEMBER 12,1995: PRELIMINARY PLAT FOR HIGHLANDS RANCH SUBDIVISION BY GEM PARK II PARTNERSHIP: (TABLED UNTIL DECEMBER 12, 1995) 4. TABLED SEPTEMBER 12,1995: CONDITIONAL USE PERMIT FOR HIGHLANDS RANCH SUBDIVISION BY GEM PARK II PARTNERSHIP: (TABLED UNTIL DECEMBER 12, 1995) 5. TABLED SEPTEMBER 12,1995: PRELIMINARY PLAT FOR VALLEY CENTER MARKET PLACE BY W.H. MOORE COMPANY: (TABLED UNTIL NOVEMBER 14, 1995) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VACATION OF 20' EASEMENT IN CENTRAL VALLEY CORPORATE PARK, LOT 5, BLOCK 1 BY JEFF LOFFER: (APPROVED FINDINGS; RECOMMEND DENIAL) 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CELLULAR COMMUNICATION FACILITY BY US WEST NEWVECTOR GROUP INC.: (APPROVED FINDINGS; RECC APPROVAL; CITY ENGINEER TO VERIFY ITEM 9, PAGE 3) 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT, LOUNGE AND MICRO - BREWERY BY SANDPIPER RESTAURANTS: (APRPOVED FINDINGS; RECOMMEND APPROVAL) 9. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK NO. 6 BY BOB NAHAS: (TABLED 0 r UNTIL NOVEMBER 14, 1995) 10. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A DRIVE THRU WINDOW FOR TRAVEL CENTER BY JACKSONS FOOD STORES: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 11. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A RESTAURANT WITH A DRIVE UP WINDOW BY WESTERN DELI SHOPS INC.: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 12. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT BY ALBERT & SUSAN BERNER AND MARIE NANNI: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 13. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A BEFORE AND AFTER SCHOOL CENTER BY JOE & LESLIE PALMER: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 14. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 28.49 ACRES TO C -G BY BILL HOWELL: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 15. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCKITRAILER SALES AND SERVICE FACILITY BY BILL HOWELL: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 16. JOE AMYX: DISCUSSION OF DEVELOPMENT IDEAS FOR PROPERTY LOCATED AT 1095 E. FRANKLIN ROAD: (RECOMMEND TALKING TO SHARI STILES AND CITY COUNCIL AND BEGIN APPLICATION) 17. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ENGLEWOOD CREEK SUBDIVISION REQUEST TO REDUCE THE REQUIRED MINIMUM HOUSE SIZE OF 1,800 DOWN TO 1,500 SQUARE FEET: (APPROVE FINDINGS; RECOMMEND APPROVAL) 0 0 MERIDIAN PLANNING & ZONING COMMISSION AGENDA TUESDAY, OCTOBER 10, 1995 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 12,1995: .R p vecG 1. TABLED SEPTEMBER 12,1995: ANNEXATION AND ZONING REQUEST FOR PACKARD SUBDIVISION NO.2 BY PNE/EDMONDS CONSTRUCTION: - fzz- curtl7 aha. /45- /'ll J' 2. TABLED SEPTEMBER 12, 1995: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO.2'BY PNE/EDMONDS CONSTRUCTION: 7' 1'14 l�i.s'v1i? /Vuv. ///%/2,.! %iJ17'F rtYl7ro-A �'4y/ 3. TABLED SEPTEMBER 12,1995: PRELIMINARY PLAT FOR HIGHLANDS RANCH SUBDIVISION BY,gEM PARK II PARTNERSHIP: 4. TABLED SEPTEMBER 12,1995: CONDITIONAL USE PERMIT FOR HIGHLANDS RANCH SUBDIVISION BY GEM PARK II PARTNERSHIP: fzc.b/e 7 e: /L6 fi-�_ re /uJfirC 6,1 5. TABLED SEPTEMBER 12,1995: PRELIMINARY PLAT FOR VALLEY CENTER MARKET PLACE BY W.H. MOORE COMPANY: 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VACATION OF 20' EASEMENT IN CENTRAL VALLEY CORPORATE PARK, LOT 5, BLOCK 1 BY JEFF LOFFER: Volvve //f c/Z e-60t4`eL, /z elL 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CELLULAR COMMUNICATION FACILITY BY US WEST NEWVECTOR GROUP INC.: alyl-vv-e flF � /C wv �sv fh P,`�r1 eiia2eci— fee (-hFc% il�vw <7/0a�e 9 �e«n-u=.cCJ c�l/rov� iv 0/C- 8. FINDINGS 6F ACT AND CONCLUSIONS OF✓LAW FOR CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT, LOUNGE AND MICRO - BREWERY BY SANDPIPER RESTAURANTS: 9. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK NO.6 BY BOB NAHAS: 10. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A DRIVE THRU WINDOW FOR TRAVEL CENTER BY JACKSONS FOOD STORES: Ci?v tlfvche� 11. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A RESTAURANT WITH A DRIVE UP WINDOW BY WESTERN DELI SHOPS INC.: C !kJ a tL A(/ E' "A 9 9 12. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT BY ALBERT & SUSAN BERNER AND MARIE NANNI: 13. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A BEFORE AND AFTER SCHOOL CENTER BY JOE & LESLIE PALMER: 14. PUBLIC HEXRING: REQUEST FOR ANNEXATION AND ZONING OF 28.49 ACRES TO C -G BY. BILL HOWELL: 15. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCK/TRAILER SALES AND SERVICE FACILITY BY BILL HOWELL: 16. JOE AMYX: DISCUSSION OF DEVELOPMENT IDEAS FOR PROPERTY LOCATED AT 1095 E. FRANKLIN ROAD: ec oin In eoz e�t✓ tv f 1 �'/i �dt.Iti u� �• ,� C��� 121 L'! t_�Zf QscLf-&e�ih 17. AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ENGLEWOOD CREEK SUBDIVISION REQUEST TO REDUCE THE REQUIRED MINIMUM HOUSE SIZE OF 1,800 DOWN TO 1,500 SQUARE FEET: ><l/' 1'rli .i f 0� /%P/"f C o •'sem i.-.,.2 �.-� 4 f % ,� hi "ke 0 0 MERIDIAN PLANNING & ZONING COMMISSION OCTOBER 10 1995 The regular meeting of the Meridian Planning & Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M. MEMBERS PRESENT: Jim Shearer, Charlie Rountree, Tim Hepper: MEMBERS ABSENT: Moe Alidjani: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Helen Sharp, Kevin Merritt, Dale Sharp, Susan Berner, Al Berner, Marie Nanni, Beth Markland, Diane Mitchell, Nicole Garduno, Joe Amyx, Stewart Edwards, Willard Howell, Michael Fisher, Dean Briggs, Malcolm MacCoy, Kristina Donner, Jeff Nielson, Rick Rieber, Beth Lois, Marda Hetner, Mark Wilson, Dennis Piper, Joe Palmer, Ronda Roberts: MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 12,1995: Johnson: Are there any corrections, deletions or additions? Entertain a motion for approval. Rountree: I so move. Shearer: Second Johnson: We have a motion and a second to approve the minutes as written, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: On items 1 and 2 1 will temporarily step down because I have an apparent conflict of interest and Charlie Rountree will conduct the proceeding on those two items only. ITEM #1: TABLED SEPTEMBER 12,1995: ANNEXATION AND ZONING REQUEST FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: Rountree: We are waiting for a response (inaudible) it is my understanding that Ada County Highway District has tabled their action on the subdivision and that the developer was going to have a neighborhood meeting I believe the night after our last regularly scheduled meeting. Any discussion? (Inaudible) received a revised preliminary plat on this particular subdivision. I have a question for Counsel should that be opened up for a public hearing? Crookston: Yes it should because no one has seen the revised layout. Well, let me first ask, are there substantial changes in the plat? If there are not substantial changes then 9 0 Meridian Planning & Zoning Commission October 10, 1995 Page 2 we can go forward, if there are substantial changes then we need to have another public hearing on the plat, we don't need to do it on the annexation and the zoning, but we would need to do it on the plat. Rountree: There has been some changes with the layout of the road ways. Specifically the crossing of Wingate Lane. Crookston: That then would affect only the item #2 and not item #1. Hepper: Well, since we haven't received any information Ada County Highway District I move that we table item #1 until our next regularly scheduled meeting. Shearer: Second Rountree: It has been moved and seconded that we table item #1 until our next regularly scheduled meeting which would be November 14, 1995, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED SEPTEMBER 12, 1995: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: Rountree: (inaudible) the plat was tabled at our last meeting, discussion? Hepper: We would make the determination whether there has been significant change? Crookston: Shari would make a recommendation as to whether or not there are substantial changes. It is the Commissions decision as to whether there are. Hepper: Gary, do you know if Shari has reviewed this? Smith: Mr. Hepper I do not know, I don't have a copy of it in my file. I guess we received it last week. I don't know whether she has reviewed it or not. I did receive a letter request from the Ada County Highway District asking me to respond to some of their concerns about right of way and location of sewer line and they asked me to either respond in writing to them so that their Commission would have that information or to appear at the Commission's meeting and give some testimony to them as far as the sewer and right of way requirements and so forth for that. I am not sure that, I think that meeting is the 18th which is a week from tomorrow. I don't believe it is tomorrow but I will be sure to have that information to them if it is or I will be there in person. 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 3 Rountree: Thank you Gary. What is your pleasure? Hepper: I think we have some fairly substantial changes in here, I don't know what Shari's recommendation is but I think we need to table this also until our next regularly scheduled meeting. Shearer: Second Rountree: Is that a motion and a second? Crookston: Question, if you feel that there are substantial changes yourself I think the Commission needs to make a decision to that effect and then have another public hearing on the preliminary plat. So I think it would be best to decide whether or not there are substantial changes if that is the decision then we might as well publish the notice for another public hearing. Rountree: Can that be done with a second motion? We need (inaudible). Crookston: You can go either way. Rountree: We have a motion to table this item to our next regularly scheduled meeting November 14, and a second, all those in favor? Opposed? MOTION CARRIED: All Yea Rountree: Any further discussion? Hepper: I think the applicant needs to notice this and plan on having another public hearing unless we get a recommendation from Shari that this is not a substantial change (inaudible) make a decision right now don't we. Rountree: You either make it now or you defer it to another month. If you feel strongly enough that it is a significant change than we can get it in the works now and get it on the calendar for next month. Crookston: If you make the decision we would have time to have the public hearing at the next meeting. Rountree: That is right. Hepper: Let's do that, let's plan on having a public hearing at the next meeting. So moved. 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 4 Shearer: Second Rountree: It has been moved and seconded to (inaudible) the city to notify the developer that we will notice the public hearing for the preliminary plat for Packard Subdivision No. 2 for our next regularly scheduled meeting November 14, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED SEPTEMBER 12,1995: PRELIMINARY PLAT FOR HIGHLANDS RANCH SUBDIVISION BY GEM PARK II PARTNERSHIP: ITEM #4: TABLED SEPTEMBER 12,1995: PRELIMINARY PLAT FOR HIGHLANDS RANCH SUBDIVISION BY GEM PARK II PARTNERSHIP: Johnson: We have a late request here from the developer to table this item until December 12 which is two meetings from now, skipping the November meeting. They have some on going discussion with both the City Council and the Meridian School District. Shearer: I so moved. Rountree: Second Johnson: Moved and seconded that we table this item until our December meeting, which is December the 12th, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED SEPTEMBER 12,1995: PRELIMINARY PLAT FOR VALLEY CENTER MARKET PLACE BY W. H. MOORE COMPANY: Rountree: Mr. Chairman, we have a request to defer action and table that item as well. Johnson: Right, does everybody have a copy of that letter? Rountree: Mr. Chairman, I move that we table this item until November 14. Shearer: Second Johnson: Moved and seconded we table item #5 until November 14th at the request of the applicant, all those in favor? Opposed? 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 5 MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VACATION OF 20' EASEMENT IN CENTRAL VALLEY CORPORATE PARK, LOT 5, BLOCK 1 BY JEFF LOFFER: Johnson: You have a copy of these findings of fact, is there any discussion, corrections or deletions to these findings as prepared? Rountree: Mr. Chairman, I move that the Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Shearer: Second Johnson: Moved and seconded that we adopt the findings of fact and conclusions of law as prepared, roll call vote. ROLL CALL VOTE: Hepper - Yea, Rountree -Yea, Shearer - Yea, Alidjani - Absent. MOTION CARRIED: All Yea Johnson: Is there a decision or recommendation you wish to pass on to the Council? Rountree: Mr. Chairman, I move that the Meridian Planning and Zoning Commission recommends to the City Council that they deny the vacation of easement requested by the applicant based on the findings of fact and conclusions. Hepper: Second Johnson: It is moved and seconded that we pass a recommendation onto City Council to deny the application for vacation of easement, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: As with all of our findings of facts these are available to the public once acted upon. The earliest time would be tomorrow from the City Clerk. ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CELLULAR COMMUNICATION FACILITY BY US WEST NEWVECTOR GROUP INC.: 0 41 Meridian Planning & Zoning Commission October 10, 1995 Page 6 Johnson: Any comments or discussion regarding the findings of fact and conclusions prepared by the City Attorney? Hepper: Mr. Chairman, I have a question on page 3, item #9, 1 am wondering if that distance from the property line of 3600 feet is that the correct figure? Rountree: Do you have the application Will? Johnson: I don't see it in the application, it may have been a comment in answer to a question. We would have to review the minutes there. Do you have anything in your notes on that Wayne? Do you have a copy of the minutes? Berg: It is not in the notes that I took down. Crookston: You might say that is a little far. Johnson: Is the applicant or representative here? I don't see it in the minutes, it might be here, the minutes are quite long. Rountree: Mr. Chairman, I would make a motion that we adopt and approve the findings of fact with the condition that the City Engineer verifies the distance in item 9 on page 3. Shearer: Second Johnson: We have a motion and a second to pass the buck, all those in favor? Are there any other corrections or deletions to the findings before we have a vote? Entertain a motion on the findings then with that condition. Rountree: So moved Shearer: Second Johnson: Moved and seconded we approve the findings of fact and conclusions of law as written with the one exception noted, 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 on to the City at this time? 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 7 Rountree: Mr. Chairman, I move that the Planning and Zoning Commission recommends to the City Council that the applicant apply for a variance of the height restriction and if that variance is granted that they approve the conditional use permit requested by the applicant. Hepper: Second Johnson: Moved and seconded to pass the recommendation onto the City Council with conditions stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT, LOUNGE AND MICRO -BREWERY BY SANDPIPER RESTAURANTS: Johnson: Any comments regarding these findings of fact? If there are none I will entertain a motion? Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact. Rountree: Second Johnson: It has been moved and seconded that we adopt the findings of fact as written by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper - Yea, Rountree -Yea, Shearer - Yea, Alidjani - Absent MOTION CARRIED: All Yea Johnson: Recommendation or decision? Hepper: Mr. Chairman, I move 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. Rountree: Second Johnson: It is moved and seconded we pass the recommendation onto the City Council 0 Meridian Planning & Zoning Commission October 10, 1995 Page 8 as written, all those in favor? Opposed? MOTION CARRIED: All Yea 0 ITEM #9: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK NO. 6 BY BOB NAHAS: Johnson: At this time I will open the public hearing and invite the applicant or his representative to address the Commission. Kristina Donner, 3363 Buckboard Way, Boise, was sworn by the City Attorney. Donner: We are requesting a preliminary plat on Central Valley Corporate Park No. 6. It is located, Central Valley Drive and Progress Avenue. It is basically a composite of a small portion of Central Valley Corporate Park No. 2, 3 and 4. It also incorporates a vacation of Headway Court. I would be glad to answer any questions that you may have. Johnson: Thank you, any questions of the applicant's representative at this time? Rountree: Had you discussed the vacation of the public street with Ada County Highway District? Donner: Yes, and it is my understanding that there is a meeting coming this Friday with ACHD. Rountree: Do you have a sense of what it is they have to say about it? Donner: At this time no. Crookston: Have you applied for the vacation? Donner: Yes, as far as I know we have. Johnson: Do you have any questions or would you like to give us any insight on our City's Engineer's comments, you have reviewed those I assume? Donner: Yes, we have reviewed the comments and we have no problems with any of the comments. I understand that there might be a discussion with ACHD about an entry driveway that is proposed for the Waremart site I believe which is adjacent to this Property, if ie to the south. That is the only knowledge that 1 have that they Passed onto me. 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 9 Hepper: Lot No. 16, is that a proposed street? Donner: Access is my understanding is proposed joint access. Rountree: So it would be dedicated for access to this plat as well as the one to the south? Donner: Correct Hepper: Would that be private access then, it wouldn't be a public street? Donner: Yes Rountree: I didn't see a note to that effect, is there one? Donner: It is possible that there is not. No, there should be a note to that effect. Johnson: Any other questions? Crookston: 1 have a question, there is a comment by Nampa Meridian Irrigation District stating that their easements may not be relinquished, do you know whether or not there are Nampa and Meridian easements in this area? Donner: I believe that there is an easement on the east side of the property but that is where the drainage canal exists now. 1 am not sure about the site easements? Crookston: Have you talked to Namoa and Meridian? Donner: No. I haven't personally. Crookston: Has someone from your office do you know? Donner: Possibly Crookston: But you don't know is that correct? Donner: I don't know, but 1 would be glad to find out for you. Johnson: If there are no further questions then we will move on. We may want to call you back, this is a public hearing, is there anyone else that would like to comment on this a............... c: t: :.s ...,.c . ......l. .........: .... this E8 an 2vu:: ai:;;:: w2 do- not have —�.:D'B comments i t - �! h h1V C E t ^�e� again. d6hich are :�: a:. rifca:. 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 10 Rountree: Mr. Chairman, I move we table this item until our next regularly scheduled meeting, November 14. Hepper: Second Johnson: It is moved and seconded we table this item until our next regularly scheduled meeting which is November 14, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: We can continue the public hearing at that time and perhaps have an answer to your question by the Wayne. We will leave it open then. ITEM #10: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A DRIVE THRU WINDOW FOR TRAVEL CENTER BY JACKSONS FOOD STORES: Johnson: At this time I will open the public hearing, is the applicant or representative here that would like to address the Commission, please come forward, you need to be sworn. Dale Binning, 1590 Shenendoah Drive, Boise, was sworn by the City Attorney. Binning: This is a request to locate two very small satellite quick service restaurants within an existing, or Jacksons travel center which is currently under construction. This was previously, an application for annexation and rezone and a conditional use have already gone through but we failed to include the drive thru window in any of the applications so this is a follow up to that. I would be glad to answer any questions that you may have. Johnson: Thank you, any questions of the applicant's representative? Rountree: You indicated there would be two restaurants serviced by one drive thru window? Binning: Yes Hepper: Where is the nearest residence from your property? I have a plat here for Magic View Subdivision, is there a house here? Mr. Moore I think was here last time and testified and he had no objection to your thing. Where is his house located from your property do you know? Binning: I got the impression it was across the street on the corner but I don't think there is a house there so maybe it is the next (inaudible). 0 Meridian Planning & Zoning Commission October 10, 1995 Page 11 Hepper: I was thinking it was right in here someplace. Binning: He may not have a residence he may just own a lot. L Hepper: But there is one directly the west of your property is that correct? Across the street? Binning: Yes (inaudible) I might add that these restaurants are kind of a new concept in our area, they are very small, they are about 400 square feet, there is no food preparation, everything is pre-cooked and brought in. They are just an extension of the typical service counter that you would find at a Jacksons the hot dogs and coke and soft drinks and it extends on around to pick up an additional service counter for in this case it looks like Blimpies and Taco Bell. Johnson: Any other questions? Thank you, this is a public hearing, is there anyone else that would like to ask a question or address the Commission on this application? Seeing no one then I will close the public hearing at this time. Rountree: Mr. Chairman, I move that we have Council prepare findings of fact and Conclusions on this application. Shearer: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law on this application, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A RESTAURANT WITH A DRIVE UP WINDOW BY WESTERN DELI SHOPS INC.: Johnson: I will open the public hearing at this time and invite the applicant or his representative to address the Commission, you need to be sworn in. Jeff Nelson, 4858 South 1300 E, Salt Lake City, UT, was sworn by the City Attorney. Nelson: We are requesting a conditional use permit for a restaurant with a drive up window, I have to start off with an artist's rendering of the elevations of the Schlotzky's so you can get an idea of how it is compatible with the rest of the development. Johnson: (Inaudible) in quality or is this an actual one? Meridian Planning & Zoning Commission October 10, 1995 Page 12 Nelson: It would look exactly like this. The artist has left out the signs on the side of the (inaudible) because in the rendering they would just come out skewed and they wouldn't be readable. Johnson: I was trying to figure out how you were going to get the hills in there, the mountains. Nelson: Isn't' that nice, its a beautiful Meridian day. Last Friday, the Ada County Highway District met on our project and they recommended that we have only one curb cut and so we submitted a revision to our site plan which should be dated October 3, 1995, do you have that version? Johnson: Do you have that Gary? Nelson: If I could hold this up for you I could show you the only change. We previously proposed two curb cuts, one in two way and one out one way so that there would be a loop circulating from our lotto the East lot. Ada County said they would not support this and would like to see us with only one curb cut so we revised it and got the loop out to the one exit. We are in compliance with the parking, the parking requirements says the one is one space 200 square feet which is only 13 stalls and we are providing 22 stalls along with two accessible stalls. The open space for our lot is 34% of the entire lot which is quite generous. The landscaping will comply with the Central Valley Corporate Park design standards which are very attractive and very generous. There will be street scape landscaping (inaudible) and there is an existing three foot high berm between the road and the parking which will be kept and also there will be an additional shrub (inaudible) with shrubs at 3 foot on center and also shrubs to screen the parking area. The drive up window is located at the rear of the building. The building itself serves to hide the drive up lane from view plus there will be pine trees in the rear hiding the, creating a buffer visibility tot he drive up window which is sometimes a concern. There area few questions I think you might want answered from Bruce Freckleton, the Assistant to the City Engineer. We will be purchasing, Western Deli will be purchasing only the lot that we have proposed on the site plan and so it will be partitioned off and the user of the east lot is unknown at this time. That will be up to Bob Nahas or whoever purchases it from him. We will be submitting a record of survey or a plat as required to dedicate the cross access and utility easements. We will comply with all the concerns which he has listed here. Lighting will be down cast, there will be a drainage plan prepared by a registered engineer and the striping and paving is proposed as it is we will be in compliance with the design standards of the City. Are there any questions? Just for your information Schlotzky's Deli, we do not fry or cook anything. In fact, it is very healthy food, they bake their own bread. So basically the only cooking equipment they have is an oven and two cheese melters. So there is no smoke coming out of the building from fried foods. We will be providing a Meridian Planning & Zoning Commission October 10, 1995 Page 13 grease trap though because of what we cook it is not necessary but most people like to see it in case the building changes hands and somebody puts in a fryer later. That will be put in at the time of construction. Johnson: You have the October 6th letter from Shari Stiles? Nelson: Yes Johnson: Do you have any concerns or have you (inaudible) her comments at all? Nelson: She has 8 comments, which will all be complied with. The trees, that is, I think if you check the planting list (inaudible). I will make an adjustment to the size of the tress so they will be a three inch minimum caliper and the signs cause no more glare than the existing signs in the development. The speakers are very high tech speaker system which is you can understand it but it will not blast you away. Most people when they think of a drive up they remember those old bull horns that people put out there when drive ups first came in those are not used anymore and the speakers they use are quite nice. the nearest residence I believe is all the way across the road, across First Street, it would be impossible for them to hear it. As I mentioned a lot line adjustment will be made and the easements will be dedicated. Johnson: Any other commissioners have any other comments? Rountree: On the plat, you show the back half of the lot for future development, what might that be? Nelson: It was my understanding that it is most likely going to be a retail and most likely the concept, we will not own the lot or develop it, but the concept that was worked around was the building would go here and this area would be parking. Then we would maintain this easement around here. Does that answer your question? It was also proposed that, and this is not proposed at this time, but to let you know what was being thought of was that monument sign would be proposed out here and the space, the signage on that would be shared by Schlotzky's and whatever goes in here. But that has yet to be proposed. Johnson: Any other questions? Thank you very much. This is a public hearing, is there anyone else that would like to address the Commission on this application? Seeing no one then I will close the public hearing at this time, what is your pleasure? Conditional use. Rountree: Mr. Chairman, I move we have findings of fact and conclusions of law prepared on this application. Meridian Planning & Zoning Commission October 10, 1995 Page 14 Hepper: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law on the application for Western Deli Shops Inc., all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT BY ALBERT & SUSAN BERNER AND MARIE NANNI: Johnson: I will now open the public hearing and invite the applicant or representative to come forward and address the Commission at this time. Al Berner, 2050 West Sandalwood Drive, was sworn by the City Attorney. Berner: This is for a conditional use permit for a full service restaurant to be located in an existing structure at 906 E. 1 st Street. Hours of operation are tentative right now from 11 A.M. to 9 P.M. six days a week and proposed to be closed on Sundays at this time. As I said the building is already existing, at one time I understand it was a restaurant, I moved to Meridian in 1980 and I don't ever remember it being a restaurant so it was before my time. The building exterior will basically stay the same, the only changes will be cosmetic in that there will be a decorative awning with the name of the restaurant and the type of restaurant that it is. The only other signage will be on the side of the building itself and not very big. Light will basically stay the same also. I had a draft from Ada County Highway District last week and they basically bought off on the Conditonal Use, they said there will possibly be am impact of additional 300 vehicle trips per day and I guess the big concern is traffic and parking. My own observations have shown that after 5:30 P.M. there are quite a number of empty parking spots at that intersection, both on East First and down Pine Avenue. Does the Commission have any questions? Johnson: Any questions of the applicant at this time? Rountree: Have you reviewed the comments from the City Engineer and the Planning Administrator? Berner: Yes I have. Rountree: The one item that seems to come out is the issue of parking. You are proposing all parking to be on public right of way? 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 15 Berner: That is correct, and my understanding also is the City of Meridian has purchased a lot adjacent to that on Pine Avenue that becuase of budgetary restraints right now they cannot pave or turn into the parking lot but that is what it is intended for in the future. I don't know how many parking spaces that will accommodate whenever it is in. Hepper: Does this piece of property have any off street parking of its own? Berner: The only off street parking that exists now is just for the tenants, there is an apartment above that building and just behind it there is a small driveway and the tenants that occupy that apartment that is their parking spot. I think it is also for the two businesses that are located in that same building, the jewelry store and the mobile home sales. Shearer: Part of the public parking is on the private property on that site (inaudible) that parking is not strictly off or on street. Part of that is on private property. Johnson: It is on private property but it is public parking. Berner: Are you referring to the driveway behind it? Johnson: No, he is referring to where it was bulbed out, where they created the bulbs in there and the diagonal parking. That is public parking on both sides of the street. Any other questions? Hepper: Did you see Shari Stiles' comment about the landscaping, you need to try and incorporate some landscaping if possible. Berner: Yes I did and I really didn't understand where that would go. I could put a few planters out there if you would like but I really don't know what to do (inaudible) or the City would expect in the way of landscaping. There is not a lot of room out there and that is mostly Ada County Highway District Easement as I understand those sidewalks and everything. (End of Tape) If there is some specific thing about landscaping I would be wiling to consider that certainly. Johnson: I would suggest you talk to Shari Specifically about that and see what she had in mind. Shearer: Is there a dirt strip between Pine Street and the building (inaudible). Berner: That sidewalk is from the building out to the street and if you have Ada County Highway Departments comments they have also, they are asking for standard curb and Meridian Planning & Zoning Commission October 10, 1995 Page 16 gutter there rather than that drive up kind of curb. Johnson: Anything Wayne? Tim? Thank you, is there anyone else from the public that would like to come forward at this time? Seeing no one then l will close the public hearing. Again this requires findings of fact and conclusions of law. Hepper: Mr. Chairman, I move we have the City Attorney prepare findings of fact. Shearer: Second Johnson: It is moved and seconded that we have findings of fact and conclusions of law prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A BEFORE AND AFTER SCHOOL CENTER BY JOE & LESLIE PALMER: Johnson: I will open the public hearing at this time and invite the Palmer's or their representative to come forward. Joe Palmer, 1620 Sportsman, was sworn by the City Attorney. Palmer: What we are proposing is a before and after school center it is next door adjacent to a building that we now own that we have a regular day care center that has children that are under school age. They are on two different pieces of property, we are leasing the one that we are proposing at this time we will be leasing that property. There is only one building on the property some of the paperwork I came back there was some comments about other buildings that are there on the property. There is no other buildings on the property there is only one. There in the back corner of that building there will be two people that rent just the one comer of it for doing a dental lab, I believe that was approved in your last meeting. Is there any questions? Johnson: Have you been operating this at this time before this meeting? Palmer: No, we started to when school first opened and the building inspector said we don't have an occupancy so not to operate so we haven't since then. That was about a month and a half ago. Johnson: You read the comments from the Assistant to the City Engineer and no questions on those? Meridian Planning & Zoning Commission October 10, 1995 Page 17 Palmer: Yes I have, no questions, we will comply with anything we need to. Johnson: Same thing with Shari Stiles our Planning and Zoning Administrator? Palmer: Yes, there is a little problem there, same old story the landscape. She requested some trees there and right now there is a tree that is about 3 foot diameter and we have had landscapers come through and they say there is no way to put two more trees underneath that tree and have them grow. I don't know what you want us to do, we have one tree there that is big enough to cover the whole place. As far as putting other trees there is no place to put them. They could put them behind the building in the back, there is a gravel lot and if that is what is desirable we will do it. Johnson: She is siting a City ordinance is what she is doing at this point. Palmer: I understand that and if there is anythign we can do it. Johnson: Landscaping by definition is more than trees too. Palmer: Yes, we will landscape, there is not a lot of space that is not going to be sidwalked through and maybe a few feet and we will landscape that accordingly. The Ada County, they came out and we talked to them, they had their meeting last Friday, they told us things we need to do we will comply with that. There was some sidewalk and gutter there that has never been put in and we will put that in weather permitting in the next few weeks. Johnson: Any of her other comments that she has addressed here, any other situations that she has addressed here, any other situations that are addressed that you want to comment on or have a problem with? Palmer: Well, she wrote down children should not be permitted to walk across driveway without an adult, that would never (inaudible) that is not something that would ever happen. There is no reason from them to walk across it, the parents pull up and they drop, they come in with them and they leave with them. So there is no problem with that. Everything else the Department of Health and Welfare has already been done or will happen as soon as we have permission to open. Johnson: Well I think she is being particularly sensitive to the safety of the children, we have to, that is what we should do. Palmer: We are doing our best to do that also. Johnson: Are there any other questions from the Commission of the applicant? 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 18 Hepper: There is a comment from Kenny Bowers the Fire Chief that says they also need to get in compliance with other buildings at this address. Palmer: There is no other building at that address. Hepper: I was wondering if there, are there some concerns of the Fire Marshall, is there some adjacent buildings? Palmer: At the next property over, yes there is. Johnson: What direction would that property be, is that to the south? Palmer: Yes, that is where our other day care center is. Behind it we have two buildings, one is my office which is Cherry's built in vacs and one of them is a 2000 foot shop that we had leased out and it is going to be vacant within the next day, in fact it is probably vacant tonight. There was, we had a gentleman there that was building cabinets and we found out that he couldn't do that so we remedied that. Hepper: So that would probably take care of the (inaudible). Palmer: I am sure that has got to be what he is talking about on a different peice of property. Hepper: But it could potentially have an impact on this peice of property. Palmer: Yes I guess it could. Hepper: If it caught on fire it could. Palmer: Well, any building caught on fire in the block could. Hepper: But if they are all under your ownership. Palmer: It is not under my ownership. The one that we are leasing, the new one we are leasing, the other one is my ownership. But anyway we will, it is vacant as of tonight. Johnson: Well I think our fire department is particularly sensitive to cabinet shops right now. Palmer: I understand, I have noticed that situation. It made me a little nervous when I seen it too. (Inaudible) they didn't have any stain or lacquer or anything all they had was a Meridian Planning & Zoning Commission October 10, 1995 Page 19 table saw, they cut their wood and take it out in the shop and put it together. Johnson: Wayne, do you have anything? Crookston: No I don't Johnson: Thank you, this is a public hearing is there anyone else that would like to address the Commission on this application? Seeing no one then I will close the public hearing at this time. Shearer: I move we have the attorney prepare findings of fact and conclusions of law. Rountree: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 28.49 ACRES TO C -G BY BILL HOWELL: Johnson: I will now open the public hearing is the applicant of the representative here, would you please address the Commission at this time. Kristina Donner, 3363 Buckboard Way, Boise, was sworn by the City Attorney. Donner: We are requesting annexation and zoning on a peice of property that is located on Overland Road between Eagle Road and Locust Grove. I am not sure where the best place to put this is, so you can all see it. I don't know if you all got a copy in your packet but I know they were pretty large drawings. Johnson: Well there is an easel but I don't see it. Donner: That is okay, I will just hold it. Johnson: You can set it in those chairs there if you want to. Set it up by the projector or whatever. Donner: The site is 28.49 acres and the larger portion where we show the site plan now is 20 acres the remainder is for future and that is the remaining 8.49 acres. There will be 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 20 a facility to sell and service freight liner trucks on the 20 acre parcel. The future parcel will be for a body shop and repair center. The square footage of the building on the service and sales center is approximately 39,825 square feet. The repair would be $31,440 square feet. A couple of items of concern are the sewers which are presently still on the north side of the freeway. But work is currently underway on a project across the street from our project on the south side of Overland and if this project is approved we would worts in conjunction with them and share the cost to bring the sewer down to this location. If the sewer, if it is not possible to get the sewer down within the time frame that they would like to open this service we have already talked to Central District Health and we have had a soil scientist determine that we could have a septic system and we would put in the septic system and utilize that until such time as we could bring the sewers in. Also, the water would be provided by City of Meridian and we are planning to extend the water approximately 600 feet to get it to the site. We have read all of the letters and conditions from everyone at the City. The only comment was that one of Shari Stiles's comments was about putting 4 to 6 foot berms along the front of Overland and they are a little bit concerned about the trucks having a site distance problem having this berm there and the fact that none of the other properties along Overland there were for the industrial use had berms in them. That was really the only comment that they had regarding the letters from the City. Johnson: Thank you, do any of the Commissioners have any questions? Rountree: Would you explain to me what operations would be in effect at this site. I assume that it is a car dealership only it is a freight liner dealership is that correct? Donner: I got more of an impression that it was more a service center for those big trucks. Rountree: How many service calls, how many truck trips in and out on a daily basis? Donner: That I don't know but the developer is here and he may be able to enlighten you on that. Johnson: We can ask later, we can't have your comments until you are sworn in. Unless you want to confer with him and then relay it to us. We are working with the one with the mic right now. Donner: Which ever way you guys want to do it. Johnson: We can ask that question later. Rountree: Have you discussed this with Ada County Highway District? 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 21 Donner: Yes, there was a meeting with Ada County Highway District and their concerns were changes of the curb cuts which we have agreed to and also they said that they lanes striping would have to be revised on the roadway and that is not a problem either. Rountree: You have a phase 2 fleet maintenance shop, is that fleet in the context of freight liner fleet or as in a trucking fleet? Donner: I am not real sure. There is nothing on the site that is proposed they don't have any concrete plans on that at all. Hepper: What would the hours of operation be? Donner: I am not sure. Hepper: It shows a row of trucks out along the Interstate, I would assume that if those are placed there that those would be trucks that are for sale, is that correct? Donner: I am not sure. Hepper: My next question would be whether those would be new trucks or used trucks. Donner: Again, I am song 1 don't know. Rountree: The plat indicates another approximately 8.5 acres (inaudible) remainder of this site for future expansion, what might that entail? Donner: That would be the repair shop area. Rountree: So there would be a difference between fleet maintenance and repair area? The 20 acres area shows a space for fleet maintenance shop indicated as phase 2. Donner: From what I understand that would be a body shop type repair facility. Johnson: Any other questions? Rountree: I have a question about this display area adjacent to the Interstate. It is not indicated but I assume by the lines that is topo lines and that is going to be a raised platform the length of the lot that would perch the trucks up above whatever elevation those lines are. Donner: Yes that is the indication. 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 22 Rountree: What is that elevation? You don't know if those are 1, 2 or 5 foot contours, probably not more than two. Donner: No, because it is reasonably flat, (inaudible). Crookston: Where is this property in relation to the driving range? Donner: Right next door, it is over here on the west. Crookston: The driving range is west of this piece of property. Donner: I believe so. Johnson: I don't know if you have a copy of this plat but that is what it says here but that is what it says to the west. Thank you, we will probably need to hear from the developer because it seems like we need some more concrete specific answers on this, those elevations and some of the uses proposed. I would like to know what fleet maintenance is, if that is a detail shop or a body shop or what it is because I can see that as quite a bit of difference between the two. Donner: Thank you very much. Johnson: Would the developer like to come forward at this time, we can talk to you after we get the public's comments or whatever, we will give you both opportunities. Bill Howell, 10455 Jay Road, Boise, was sworn by the City Attorney. Howell: I am happy to fill in any of the gaps here. Unfortunately Kristina wasn't the primary worker on this project and was called in short notice. So maybe I could help out here. Johnson: How about just start with a couple of Charlie's questions if we could, do you know the elevation of the display area long 1-84? Howell: I believe that is 8 foot elevation from grade. Johnson: Are we talking a berm similar to what is on some of the other properties to the west there? Howell: Precisely Johnson: And then the other thing is what is fleet maintenance shop as opposed to this Meridian Planning & Zoning Commission October 10, 1995 Page 23 proposed (inaudible) for repair? Howell: It is primarily the (inaudible) full service facility and that will primarily be the service building for the semi trailer as opposed to the power tractor. Essentially the same usage it just needs to have different dimensions. It will have by the way a body shop and paint shop. Johnson: And that will be in the phase 2 indicated here? Howell: Yes Johnson: So if you could elaborate a little more on what is planned in the future expansion in the 8.49 acres. Howell: The 8.49 acres won't be used by my company, it is simply a, it is probably going to be marketed and really. Johnson: At this point you are talking a tenant or a sale? Howell: We are talking sale of the future site. Johnson: Any other questions of the developer? Rountree: The question was raised about the display area whether that would be new or used vehicles. Howell: All new. Rountree: And I asked about traffic in and out, what kind of daily trips do you anticipate with tractor trailers, what sizes? Howell: The primary usage of course is full size over the road tractors and trailers. Trailers ranging up to and including 53 foot. We haven't obviously done a scientific study of the numbers but I would offer as a round figure, offer possibly 75 to 100 entrances and exits combined. Rountree: That is per day? Howell: Yes Rountree: What are your operating hours? 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 24 Howell: 7:00 a.m. currently run to 12 p.m. Rountree: Would you envision triples in and out of there on occasion? Howell: Very rarely, we don't service that type of equipment. Rountree: Mostly single units then, what kind of trailers do you service, anything from farm to over the road type? Howell: Pretty much over the road, all the different configurations. Rountree: What activities do you have going on at 12:00 at night? Howell: General maintenance. Rountree: In your shop areas? Howell: Right Johnson: How many employees do you have, or anticipate having? Howell: Maximum gear of probably 60. Johnson: If you have 60 you are going to have more than 75 trips a day. Howell: We are talking about (inaudible) Johnson: Do you have a leasing operation? Howell: Not at the moment, it is Johnson: Do you have full service leases? Howell: We don't at the moment but foresee that as a great eventuality. Johnson: Any other questions of the developer at this time? Thank you Mr. Howell. Is there anyone from the public that would like to address the Commission on this public hearing? Kevin Merritt, 832 E. St. Martin, was sworn by the City Attorney. 0 9 Meridian Planning & Zoning Commission October 10, 1995 Page 25 Merritt: Transport Truck and Trailers, Bill Howell request for annexation and rezoning and conditional use permit. I come tonight as a representative of the Meridian Greens Subdivision acting as President. The Meridian Greens Homeowners Association which is 225+ homes and more to be added request to go on record as totally opposed to the subject application for the following reasons. The proposed location for transport truck and trailer service sales and service facility is not appropriate in keeping with the present planned use of the adjoining and local property for the following reasons. Overland Road presently at 2 lanes and in the planned near future 3 lanes is not designed for this type of use. The traffic intersection at either Eagle Road, Overland Road or Meridian is not designed or presently planed for this type of based traffic volume and traffic safety issues. Private cars, school buses, commercial vendors enter and leave the several subdivisions along Overland Road between Meridian Road and Eagle Road. There are also considerable traffic from Locust Grove entering Overland. So our main concern obviously is going to be traffic and safety. Already existing developments around the area must use Overland for means of egress and access, additional traffic signals would possibly be necessary. The increased noise level brought about by the increased highway type traffic, truck traffic on Overland Road would be a major annoyance and problem for the residents in this area. The type of tall standard lighting which would be required for this type of facility also is not compatible with the planned R-4 zoning on the south side of Overland Road. The 24 hour per day service which goes on in this type of building, he talked about the hours that they would be open really is not compatible with any of the present businesses that are currently along Overland Road or proposed future use of the property along Overland Road. Basically the businesses along Overland Road now are fairly compatible with the residential tone of that area such as Arnold Machinery and Caterpillar. They are pretty much 8 to 5, five days a week and it blends in with the harmony of the residential area. When you start introducing high volume, heavy capacity truck traffic of all hours of the day at that point it really doesn't become compatible we feel. So most of the points listed above will definitely incur an increase in the tax dollars for the residents in Meridian, it could also lower the property values of the surrounding homes in the area thereby decreasing the property tax base for the City of Meridian. And for the above stated reasons the Meridian Greens Homeowners Association strongly feels that this application should be denied. Obviously there are places more suitable to this type of business that is already zoned and maybe more in mind for this type of business. At this time that is the statement that I would like to make and I would like to leave you gentlemen a copy of our statement. Johnson: Any questions of the President of the Homeowners Association. Anyone else from the public like to address the Commission at this time? Roy Harada, 871 East St. Martin Drive, was sworn by the City Attorney. 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 26 Harada: I have basically just three points, I have kind of a unique standpoint from most of the people here. I am also in truck sales and I sell (inaudible) with a different dealership. I think one point that Mr. Howell needs to clarify to you folks is I believe contractually freightliner requires all dealers to be open 24 hour service. I think that is a critical point. Number 2 the traffic flow is going to be significantly higher than what he contended at 75 to 100. Our dealership is considerably smaller and our traffic is well over 150 to 200 vehicles a day in and out, miscellaneous types of vehicles. The type of trucks that Mr. Howell will be having coming in there for example, action express, triples grossing over 100,000 pounds, triple trailers and numerous other types of trucks. I don't have a problem with the type of business he has but I don't think it belongs in our neighborhood. There are five other dealerships in the Boise Valley none of them gentlemen are located near residential areas. And for a good reason, they are noisy they are smelly and they are open for extremely long hours. I did not build that house in that subdivision to have to contend with jake breaks going up and down the hill. One of the unique features is if you look at the road at Locust Grove to Meridian Road the road slopes down there where most of those residential areas are sitting at. Most of your truck drivers are not going to shut the jake breaks off so at all hours night and day those people are going to have to contend with that noise and it is extremely loud. Those are the points that 1 have to make. Thank you. Johnson: Any questions of Mr. Harada? Rountree: Yes I have a question, you indicated trips in and out of your business specifically being? Harada: Our business is basically the same thing as Mr. Howell's. Mr. Howell's business is a western store and I am not sure whether he is bringing those trucks out. But the freight liner trucks go for class 7 trucks which are medium duty trucks to a class 8 trucks those trucks grossing in excess of 100,000 pounds. Along with the trucks that you have coming in and out for service you have vehicles coming in from Cumins, Caterpillar, all the miscellaneous service shops bring parts in. There are federal express trucks coming in and out with parts. There are, because of freight liner's system they are set up on a national fleet basis to handle all of their national fleet accounts. So those accounts not only just the accounts that he handles locally will need to be serviced. So 1 think that it is pretty obvious that there is going to be excessive traffic on that road. The other concern, if you look at the flow of traffic the most common sense way for his mechanics to check to those trucks out after they are serviced is to use Overland Road. They will turn right onto Overland and then turn right onto Overland hit the Interstate, turn right again, high Eagle and come back so that circle is going to have constant traffic, we have lots of little kids in that subdivision and the other subdivisions nearby. There are no sidewalks on either side of that highway for the children and it is very difficult for a trucker to see it. I drive the 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 27 trucks myself and it is very difficult to see a small child on a dirt lane on the side. Rountree: Back to my question, you indicated you had 150 to 200 vehicles, I assume that is trucks? Your business is truck sales? Harada: Truck sales and service. Rountree: Of a comparable size and nature? Which one is it specifically? Harada: It is Idaho Great Basin. In comparison to the size of this facility we are probably a third the size. Rountree: That answers my question. Johnson: Thank you, anyone else that would like to come forward at this time? Becky Bowcutt, Briggs Engineering, 1111 S. Orchard, Boise, was sworn by the City Attorney. Bowcutt: Good evening, I am here this evening on behalf of my client G. L. Voigt Construction. They own the property just south of this parcel, across the street on Overland Road. As you are probably well aware of, a subdivision for single family residential development was approved last year for approximately 290 lots. It is, it was annexed and rezoned with an R-4 designation. Basically I have been asked to come this evening to request that the City of Meridian evaluate the landscaping that this particular company is proposing along Overland Road to make sure that it is adequate. That we don't have some type of facility that would not be compatible with the residential across the street. I think in the past the projects that I have had on Overland Road you have required anywhere from 35 to 20 feet of landscaping, requested berming, submit a landscaping plan. I had one before you last month, you asked that we come back with a landscaping plan. I would highly recommend that with this type of project so that someone could evaluate the berming and the screening. Also, if you recall you requested that we have 35 foot of landscaping along 1-84 because that is considered an entrance way into the City. I am not here neither to oppose this or be a proponent just to make sure that whatever transpires will take into consideration the residential development directly across the street. Thank you. Johnson: Thanks Becky, anyone else? Lou Lois, 582 E. Kingsford Drive, was sworn by the City Attorney. 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 28 Lois: I would just like to reaffirm the opposition from the President of Meridian Greens, all the things that were stated such as safety and noise. I believe that those are strong concerns. One of the things that I am very concerned about is I cannot believe that this is an operation that would stop at 12 midnight. I have relatives in the trucking business and if somebody needs to make a delivery and it is quarter to twelve they are going to do what they need to do to make sure that mechanic is going to be working overtime to get them through and on the road again. So I have reason to believe it would be a 24 hour operation. In addition to that I believe I heard, please correct me if I am wrong that this will have a paint shop as well? That brings up an extreme concern of hazardous materials. All the things associated with a paint shop. The size of the vehicles we are talking about here would probably be the equivalent of a 727 Boeing jet or maybe a DC 10 and if you want to know the extreme concerns and hazards associated with paint in airplanes you can understand why many airports cannot do that type of service and have to leave it for a facility such as Boeing or McDonald -Douglas to do their painting. So that brings up a major concern to have that kind of a hazard so close to a residential area. That is it. Johnson: Thank you, is there anyone else that would like to come forward at this time? Beth Markland, 1132 E. Mastiff Street, was sworn by the City Attorney. Markland: At any rate we just want to reiterate there are a lot of us in the neighborhood that have discussed this, we are not all here tonight. But there seems to be a consensus and if you want us to get a petition or something together we could probably do that. There is a lot of opposition in our neighborhood for the same reasons. Specifically one concern the concern of traffic there are all kinds of buses going in the morning before it is even light the buses to Lake Hazel, some of the buses to some of the elementary schools, they leave at like 6:50 in the morning and they are driving out there on Overland and on Locust Grove. It just seems like a pretty scary prospect to have kids out there in the dark having to stand up next to these big trucks. Another concern I had and I don't know if we need to ask the developer or not, but the other gentlemen raised the question of hazardous materials. Are some of the trailers, some of the trucks that are going to be served going to be tankers and hauling hazardous materials, gasoline and that type of thing because then that seems like that would quadruple the risk. The obvious concerns of noise, traffic, and we like our neighborhood and we would like to keep it primarily residential. Again we don't care, we want business to boom in Meridian but we would rather have it be someplace more appropriate. Johnson: Thank you Rountree: I have a question? Did you indicate you represented your neighborhood association? 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 29 Markland: No Neda Hagner, East Kingsford Drive, was sworn by the City Attorney. Hagner: I moved to Meridian Greens because of the type of neighborhood that it is. I have grandchildren living in Sportsman Park. I am upset that there are no sidewalks and that Meridian Greens faces on Overland which is only two lanes. It is really not even adequate for the traffic that already exists on that road. And as more and more homes are already approved to go in the traffic congestion on Overland is really frightening and the fact that my grandchildren who want to come to visit me aren't safe to walk even under (inaudible) conditions. So that I go over and pick them up or (inaudible). If we have these monster trucks on Overland it is like you are putting barriers to enjoyment of our homes. I think the value of our homes will be sky rocketing down but I think safety is the bigger issue than the value of the houses. I think that this definitely should be turned down and I know many people in Meridian Greens, and I can't speak for anybody but myself, but many people that I have spoken today at Meridian Greens who couldn't be here tonight feel the same way I do. So I ask you please turn down this request. Thank you. Johnson: Any questions? Is there someone else that would like to come forward? Ron Thomas, 2600 East Overland Road, was sworn by the City Attorney. Thomas: I have a piece of property just east of about 150 feet east of this project. My, the only concern 1 have, I have a lot of concerns, but my major concern and one of them is this sewer, the ground septic system. I can't hardly imagine Ada County Health District allowing such a thing to be built. Especially when everybody else is required to hook onto a sewer system. The traffic is bad, I have a 300 foot run to get on Overland and it takes me five minutes to get on Overland now and I can hit it at 60 miles and hour. (Inaudible) I understand they are going to widen Overland but I have lived out there for 20 some years and I have (inaudible) probably have to have a tractor to get down that. Maybe they will do something about it I don't know you keep a semi on the road they are (inaudible) it bounces all over the place. That is my major comment was a concern, one of my concerns is the sewer or a septic system. That just amazes me that anybody or that Ada County Health or whoever it is would allow an above the ground sewer system, septic system. Thank you. Johnson: Thank you, anyone else like to speak tonight? Rick Reever, 1157 E. Puffin Street, was sworn by the City Attorney. Reever: I live in the Sportsman Point Subdivision and as you heard earlier we have yet 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 30 to nominate anybody that can represent the subdivision. However I was fortunate enough to receive one of I assume several dozens of flyers that were passed out that expressed the concerns of this proposed development. And probably there will be more issues covered in the next document after this but I will go ahead and express my concerns. I have the pleasure of getting caught behind a Fred Meyer triple tractor trailer rig yesterday that must have been lost. Missed the turn off at Eagle to get on 1-84 and continue down Overland and that section of the road is in not the best condition. I thought for a few minutes that the tractor trailer rig was going to go someplace else other than west on Overland to Meridian and I assume onto the freeway. But if definitely held up traffic, I was probably only minutes behind a school bus because I could still see kids walking away from Overland. I assume there would be times that if this proposed facility was built there would be other drivers that are not familiar with the area that venture past this area. And quite possibly would go into a subdivision and turn around and find their way back out. I have been behind tractor trailer rigs before in our subdivision during and housing construction it is still ongoing and it is not pleasant. However I have been told day after day that soon coming to an end. Another concern is access (End of Tape) also with increased traffic congestion I have been behind tractor trailer rigs before at 6:30 in the morning accessing 1-84 from the Eagle on ramp and it is very difficult to get on the freeway when you are behind such a vehicle that can only travel may 20 to 30 miles top speed when it hits the freeway might be 40 yet you are trying to access traffic. With a proposed shopping mall at that southeast corner of that on ramp that is only going to add to the congestion. But I think my main point is sure we can do a quick fix to Overland Road, turn it into a four lane super highway or whatever and accommodate these vehicles. That still isn't going to solve the problem. It is going to be a traffic hazard, there are more and more kids in that area that whole square mile between Overland, Eagle, Locust Grove and Victory is proposed for development. There are going to be that many more kids in the area and potentially more problems. All 1 can say is I have been near one of these facilities in Pendelton, Oregon on the same Interstate, 1-84 and I was really quite glad to see where the location of the facility is. It is about ten miles west of town it is near no development, they obviously have their own off ramp, maybe it coincides with farmers in the area, that is probably the perfect place for such a development. That is all I have to say. Johnson: Thank you, next. Nicole Garduno, 1386 East Peacock, was sworn by the City Attorney. Garduno: I just want to get on the record that I too am opposed to this. My main concern is the safety, I am the mother of two. My kids often like to go to the Playground which they are, from my understanding they are going to expand and have a whole bunch more like bumper boats and other things there. They like to go there in the summertime, ride their 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 31 bikes and we happen to be our subdivision is the downcline, a gentlemen had mentioned earlier and I cannot see those trucks stopping that fast for a child on his bike or a child walking to the playground. That is my main concern is the safety, the safety of our kids and we have a lot of kids in Sportsman Point that just love to go down there and it is only going to get worse with the number of homes being built. So I want to go on record of saying safety issues are my main concern. Johnson: Thank you, anyone else like to come forward? Mark Wilson, 1004 E. Shepherd Street, was sworn by the City Attorney. Wilson: I would just like to echo the same objections that the other homeowners in the Sportsman and the other surrounding developments have. I spend 24 years in the Air Force and I have run similar facilities in aircraft maintenance and I am here to tell you that they will generate a lot of hazardous waste if we don't have an oil water separator at least and the sewer system will be contaminated for years to come. So, that is all I have to say. Johnson: Thank you. Karen Frisch, 1622 South Goldsmith Avenue, was sworn by the City Attorney. Frisch: I would just like to say, there is one more subdivision that this would affect, Hunts Bluff. I live right on Overland and Goldsmith so I am right there. I have two small children, 3 and 5, and I just I am opposed that they would put such a thing in this area that is supposed to be for families. We built our house here a year and a half ago, I didn't realize this would happen. I really don't want it to happen. Johnson: Thank you, is there anyone else that would like to come before the Commission? Seeing no one then I will Gose this public hearing at this time. I should reopen the hearing and ask if the developer at this time would like any time for rebuttal, it is not necessary it is strictly up to you. Okay, thank you, I will close the public hearing then. What is your pleasure? This is for the annexation and zoning so it would take findings of fact. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. Rountree: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 32 MOTION CARRIED: All Yea Johnson: At this time before we take a break the City Attorney will explain to you what we are doing at this stage for those of you that aren't used to coming to these meetings. Crookston: What we do now is prepare findings of fact and conclusions of law, many of you have been here tonight when the Commission already acted on some findings. Those applicants had a hearing similar to this, they will be presented by the Commission at the next Planning and Zoning meeting which is November 14th. If the Commission desires to adopt those findings, it then would go to the City Council, there will be another public hearing, you may present additional testimony, it can be entirely new evidence, it can be whatever you want. It is a total new hearing that is before the City Council. The City Council then either adopts the Planning and Zoning findings of fact and conclusions of law or if new testimony is presented they will ask to have new findings. It is ultimately the Cit Council's decision as to whether or not this is annexed and zoned. There are also is another hearing tonight for their conditional use. The same thing would happen to that conditional use. However, a conditional use permit in a commercial zone does not necessarily have to have another public hearing. public hearing required before the City Council. findings of fact they are available to the public. FIVE MINUTE RECESS Only if it were in a residential zone is a So after the Commission adopts their ITEM #15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCK/TRAILER SALES FACILITY BY BILL HOWELL: Johnson: This is a public hearing you can incorporate the testimony obviously from 14 but if anybody wishes to speak again they may do so. I would just request that you not be redundant. At this time I will open the public hearing and invite Mr. Howell to speak or his representative. Bill Howell, 10455 Jay Road, Boise, was sworn by the City Attorney Johnson: Does the Commission have any questions of Mr. Howell at all regarding the conditional use part of the application? Crookston: If you are going to incorporate the testimony from the annexation and zoning hearing you need to make a motion to do that. Johnson: We will do that before we close this public hearing. Thank you, does anyone have any questions at all at this time? Do you have any statements to make? 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 33 Howell: I think some reasonable concerns were raised and obviously I would like to have a chance to bring to this some actual and factual information rather than all the general meandering that we can address all of those issues and will be prepared to do so. Johnson: Yes, at your opportunity with the City Council that would be appropriate I'm sure. Crookston: If he wants the Commission to consider those he needs to request that this be tabled so he can present that if he just wants to take it to City Council that is fine too. Johnson: You have that option, if you want us to incorporate more factual information that you are going to provide or anything else you are going to provide. Our only avenue for doing that would be to table this item and incorporate that at our next hearing. Howell: I think the Council will be an appropriate forum for that. Johnson: Is there anyone else from the public that would like to address the Commission on this application? Kevin Merritt, 832 E. St. Martin, was sworn by the City Attorney. Merritt: Basically on item #151 would like to just go on public record assaying that I would like to reiterate my statement on #14 that all of the issues discussed on item #14 1 would carry over to item #15 the same concerns. Obviously we can see that this is quite an operation and our concerns of this abutting a residential area is of a major concern and that is all. Johnson: Thank you Mr. Merritt, anyone else? Stewart Edwards, 1692 South Goldsmith, was sworn by the City Attorney. Edwards: A couple of other things with this conditional use permit that we haven't brought up yet is the trailer park that has just been put in there on Overland Road right next to the golf course of the driving range. The noise of the plant is going to be quite an impact on that trailer park that is already there and of course I think the why the Highway District hasn't said anything on the overload on Overland Road it seems to be inappropriate and they should research that a lot more. Because I think that road that kind of traffic won't hold up to those kinds of rigs. So that is all I have to say. Johnson: Anyone else that would like to add to the testimony? I would entertain a motion to incorporate the prior testimony at this time into item #15 from item #14. F Meridian Planning & Zoning Commission October 10, 1995 Page 34 Rountree: So moved Hepper: Second 11 Johnson: It is moved and seconded that all of the testimony presented by the public and the applicant and his representative be incorporated into, given under item #14 the request for annexation and zoning be incorporated also into the conditional use permit request item #15, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: At this time then I will close the public hearing. Rountree: Mr. Chairman, I move we have findings of fact and conclusions prepared on this item. Shearer: Second Johnson: We have a motion and a second to prepare findings of fact and conclusions of law on the conditional use permit requested by Mr. Bill Howell, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: JOE AMYX: DISCUSSION OF DEVELOPMENT IDEAS FOR PROPERTY LOCATED AT 1095 E. FRANKLIN ROAD: Johnson: Is Mr. Amyx here and would like to talk to the Commission? We kind of got an idea of what you have got, we have your map and things. We probably need it explained the best you can. Amyx: Basically what has happened is I bought two pieces of property I sold one and Ada County, I wanted to sell a little more ground to them to do (inaudible) anyhow I wanted to sell them enough land to cover the well. I started going through all the right channels and doing everything and Ada County says you can't do that. I said, why can't I do this, the house was built and sold separate property in 1964. That was before they had any zoning or anything to do anything with it. He said yes but you bought the piece of ground next to it. Then when you bought the piece of ground next to it and when you bought the piece of ground next to it due to an obscure law they became one piece of property. What happened is they didn't rule on the fact that what the law, they just ruled on the fact of what they had done was legal. They didn't say that is a bad situation and we see where 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 35 you are at, it was oh no the law is there and that is what we care and that is where it is at. I have sold the piece of ground, I had no reason to believe that it wasn't a separate piece of property, it was deeded that way it was annexed that way. I checked with the title company when I bought it. Everything seemed to be in order, they basically caught me on a really obscure law and like I told them I can't imagine, I have been building for 30 years and haven't been caught on that before. but that is where we stand. At this present time I am before you, I am trying to figure out some way to do make legal what I have got done. I don't have any understanding of why this would be a problem, the house was there, the ground is there and before I develop it I will have to come before you guys again to get approval of whatever I do. So I guess I feel like I am not asking much 1 am asking just for what was done in 1964. Johnson: Have you seen the synopsis letter Gary Smith has written? Amyx: Yes, he just gave that me just a few minutes ago. Johnson: He mentioned an item, well he didn't number them, but happy face number 5 that you might be going through an appeal process at this time at the County, have you already initiated that? Amyx: I already went through that and they turned me down. Johnson: Okay that is finished and you were denied on that? Amyx: Two voted against me and one voted in favor of me. Johnson: Well it seems to me you are coming to the City of Meridian because you realize that we have cooler and more logical heads here. Amyx: Actually that is true and I do feel that way. I feel like Meridian is really an I don't know if 1 should be saying this but Meridian has done a heck of a lot better job as far as roads and the way subdivisions go in than Boise has. I have to commend you guys on that. Johnson: Well, it does look like you are in the trickle so to speak. At this time does the Commission have any questions directly to Mr. Amyx? Rountree: Just an idea of what you might be considering with the remainder of the property. Amyx: Actually I have no plans for it at all. I bought it as a long term investment, 1 figured Meridian Planning & Zoning Commission October 10, 1995 Page 36 it would either go commercial or something to that effect. I thought about trailer houses and I know I have already been told no way. I don't have a problem with basically anything. It is going to be developed into something. And that something I can work around at this time I have no idea what it would be to or for and like I proposed something if and when I do decide it would have to come before you guys. So it would have to meet your approval at that time. Johnson: Where is the property contiguous to the City limits at this time? Amyx: Actually I think you are right across the street. Johnson: That makes it legal as far as being contiguous? Amyx: Basically I am one lot from the cemetery. Right next to the big piece of parcel they have been trying to develop on the corner of Franklin and Locust Grove. Johnson: Do you have any questions Wayne at all? Crookston: I don't have any questions, you would just have to meet all of the existing ordinances of the City of Meridian though. Amyx: And that is to what, basically I would have tried to rezone as far as what Ada County suggested but the problem is I can't rezone meeting the front footage to the property because it doesn't exist. I guess that was one of the key factors that happens. I am only like 70 to 75 feet, the house is like 76 feet and there is 70 to 79 feet for the adjacent parcel that goes back. There is no way I can meet the criteria to that without I don't know how. And like I said it was sold and done prior to any zoning with me to okay. Crookston: I would just suggest that you get with our Planning and Zoning Administrator Shari Stiles and talk to her about that. Amyx: Well her suggestion or hers and Gary's was that I come before you guys and at least let you know what the situation it and where I am at with it. Like I said I can't change what is already there it is there and it was done prior to any zoning ordinances that were done. I can't there is no way I can make it legal that I know of and that is what I am trying to find, I am trying to find someway that is going to get to the point of where it was. That is all I am trying to do. Crookston: That is my recommendation just to inform you that you would have to meet the existing ordinances that the City has now unless you were able to obtain a variance from an ordinance which would have to be granted by the City Council. 0 Meridian Planning & Zoning Commission October 10, 1995 Page 37 Amyx: Okay Crookston: If you couldn't meet the ordinances right now. Johnson: Does anyone else have any questions or discussion points? In order for us to act on it we would need an application for annexation and zoning, right? That is the only way we could solve his problem. It is a good idea to sit down with Shari prior to that and she what she wants incorporated or she would suggest that you incorporate into your application and we will see if we can help you out. Amyx: Okay, do you guys have anything that you would like in there, do you have any feelings of what you want there? Johnson: Well, it would help if you tear the house down. I think we are trying to work with you is what we are telling you. Wayne is in a position that he has to advise you that we still have the ordinances to follow and the only people that can override that is the City and if they consider that to be a legitimate and worthwhile variance you know without harming anyone else they would probably do that. But it also might be a good idea that you talk to some of the City people as well, the City Council members as well. It would be a real good idea since they are always suggesting people talk to us. Talk to three or four of those people and talk to Shari Stiles and then you can get your application to us. And the process is a 120 day minimum. Amyx: Thank you ITEM #17: AMENDED FINDINGS OF FACT AND AND CONCLUSIONS OF LAW FOR ENGLEWOOD CREEK SUBDIVISION REQUEST TO REDUCE THE REQUIRED MINIMUM HOUSE SIZE OF 1800 DOWN TO 1500 SQUARE FEET: Johnson: Any questions regarding these findings of fact that have been prepared here, these have been amended to my understanding that is the only change is the house size. Crookston: That is correct, there are some other very minor things but they don't address specifics of it. Johnson: Someone like to make a motion on the findings then if there is no further discussion? Rountree: Mr. Chairman I move that we adopt and approve the Amended findings of fact and conclusions. Meridian Planning & Zoning Commission October 10, 1995 Page 38 Shearer: Second Johnson: It is moved and seconded we adopt the findings of fact and conclusions of law with the changes, the amended findings of fact, roll call vote. ROLL CALL VOTE: Hepper - Yea, Rountree - Yea, Shearer - Yea, Alidjani - Absent MOTION CARRIED: All Yea Johnson: Any decision or recommendation you would like to pass onto the City Council at this time? Rountree: Mr. Chairman I move we pass on the decision and recommendation as written to the City Council. Hepper: Second Johnson: We have a motion and a second to pass the decision or recommendation as written by the City Attorney onto the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Are there any further items the Commissioners would like to bring before us at this time? Rountree: You mentioned something about a special meeting? Johnson: What I would like to do in the interest of trying to move some people along, we are tabling so many items that I would like to have a special meeting in a month if we could agree to that. A lot of that hinges on whether Wayne can do the findings of fact. I would like to shoot for the week after next if we could. I kind of need your response on that. There are 2 or 3 of those findings of fact if you get them done it would make it worthwhile. How is your workload? Crookston: Does heavy mean anything? Johnson: No that is for cream and things like that. How about Thursday the 26th? Not Thursday, is that when you play darts. We are talking about 5:00 or 5:30. Shearer: I can handle that. 171 Meridian Planning & Zoning Commission October 10, 1995 Page 39 Johnson: Wednesday is the 25th and Thursday is the 26th. (Discussion Inaudible) Crookston: We are talking about October right? 0 Johnson: Right, I will give you the 24th, 25th or 26th to choose from. Berg: There might be a workshop for City Council on the 24th. Johnson: If we start at 5:30 we will be done by then. We are doing findings, if we start at 6:00 we could be done by then, there is no public testimony. Crookston: Let's go with the 26th then. (Discussion Inaudible) Crookston: I am just thinking that on the 24th there is a high likelihood that we are going to have a Council Workshop. Johnson: Right but we will be out of our meeting by then because that will start at 7:00 or 7:30. Crookston: It varies, 6:30 many times. Rountree: Wednesday the 25th at 5:30 is fine with me. Johnson: Would you get with me so we can figure out what I would consider to be highest priority. Rountree: I move we adjourn. Shearer: Second Crookston: Let's decide on the meeting when it is going to be and then adjourn. We need a motion. Rountree: I move we have a special meeting Wednesday, October 25th starting at 5:30. Hepper: Second 0 0 Meridian Planning & Zoning Commission October 10, 1995 Page 40 Johnson: Moved and seconded that we have a special meeting on Wednesday, October 25th, at 5:30, all those in favor? Opposed? MOTION CARRIED: All Yea 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 9:42 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 0 ATTEST: WILLIAM G. BERG, JR., C; TY dLERK • • O R ��IG- iI�iAL BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION SANDPIPER RESTAURANTS, INC. AND R. T. NAHAS CO. OF IDAHO CONDITIONAL USE PERMIT NE CORNER OF CENTRAL VALLEY DRIVE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on September 12, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through Landon Exley, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: 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 September 12, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 12, 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; that the property is located in the Central Valley Corporate Park FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 SANDPIPER RESTAURANTS - ROBERT W. NAHAS 0 and is on the northeast corner of Central Valley Drive and Progress Avenue and is described in the application which description is incorporated herein. 3. That the property is currently zoned C -G, General Retail and Service Commercial; that the owners Central Valley Corporate Park of Central Valley Corporate Park were granted a conditional use permit in 1988 to develop the property in a mixed use fashion as a planned unit development -general; that the conditional use required that development be controlled and guided by design review and Section 11-9-607, Planned Development. 4. That the zoning of General Retail and Service Commercial, (C -G) is defined in the Zoning Ordinance at 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 R. T. Nahas Co. of Idaho is the owner of record of the property; that the owner has submitted a consent to this application. 6. That the property is located on a portion of Lot 1, Block 6 in Central Valley Corporate Park consisting of 1.06 acres. 7. That the proposed use by the Applicant is stated to be to FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 SANDPIPER RESTAURANTS - ROBERT W. NAHAS 0 0 construct a restaurant containing 6,924 square feet that will be of a barn style architecture; that the total seating capacity will be 228 and parking spaces totalling 63 as required per the City's ratio of 1608. 8. Mr. Exley testified that Sandpiper Restaurants accepts the conditions of the City staff. 9. That Mr. Sale, of the Ada County Highway District, testified that ACHD staff have not yet reviewed this application but that it appears that the tentative recommendation is that the extension of Central Drive not be approved; that the restaurant take other access than as proposed by their site plan; that the de- emphasizing of travel and traffic on East 1st and Meridian Road is in consideration; that the ACHD staff would be meeting Friday, September 22, 1995, and will submit their recommendations to the City Commissioners. 10. Charlie Gongre, of Roylance Engineers, testified that the Developer, Bob Nahas, hired Bell Walker traffic engineers to do a traffic study of the area including the intersection at East 1st and Meridian Road; that Bell Walker traffic engineers did recommend an intersection that would bring traffic from four (4) directions and not just three; that an X type intersection would be better than a T intersection; that this will be discussed with the staff of ACHD at this meeting, September 22, 1995. 11. Mr. Exley testified that a four (4) way intersection is very important, that he is confident with the Bell Walker report FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 SANDPIPER RESTAURANTS - ROBERT W. NAHAS and would go so far to say that the developer will meet all ACHD requirements and will leave the ball in Nahas's court to work it out. 12. That there was no testimony in opposition to this application. 13. That the Meridian Planning and Zoning Administrator, Shari Stiles submitted comments; that this project would utilize a portion of an existing lot that is being replatted, along with the vacation of Headway Court through the Ada County Highway District; that detailed landscaping plans will be reviewed during the building permit process; that a minimum of one (1) three-inch (3") caliper tree is required for each 1,5000 square feet of asphalt; that handicap parking facilities shall be installed in accordance with the Americans with Disabilities Act, including appropriate signage; that current ordinance requires only 36 parking spaces; 63 are shown; that the Ordinance should be revised to require a minimum of one (1) parking space for every two (2) seats for restaurants. 14. That the Assistant City Engineer, Bruce Freckleton, submitted comments, stating that off-street parking paving and stripping, a drainage plan, signage and outside lighting shall all be provided in accordance with City Ordinances; that all construction shall conform to the requirement of the Americans with Disabilities Act; that sewer and water assessments will be determined during the building plan review process. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 SANDPIPER RESTAURANTS - ROBERT W. NAHAS 0 0 15. That Central District Health Department, Meridian Police Department and Meridian City Fire Department submitted comments and they are hereby incorporated herein as if set forth in full. 16. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 SANDPIPER RESTAURANTS - ROBERT W. NAHAS 0 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. 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 uses 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 Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, all parking and landscaping requirements and the comments of the Planning and Zoning Administrator and the City Engineers office must be met and complied with. 6. That the parking must meet the City Ordinance and be FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 SANDPIPER RESTAURANTS - ROBERT W. NAHAS paved, the landscaping placed, and any outdoor storage and/or trash receptacles properly screened, all done prior to issuance of an occupancy permit. 7. That any requirements of the Ada County Highway District shall be complied with and met. 8. That the use shall be controlled and guided by design review and Section 11-9-607, Planned Development. 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 COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED � � COMMISSIONER ALIDJANI VOTED 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. MOTION: APPROVED DENIED FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 SANDPIPER RESTAURANTS - ROBERT W. NAHAS �7 9 ORIGINAL BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION US WEST NEWVECTOR GROUP, INC. CONDITIONAL USE PERMIT 627 SOUTH MERIDIAN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on September 12, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, Timothy McFadden, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: 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 September 12, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 12, 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 US WEST CELLULAR 0 0 2. That the property is located within the City of Meridian; that the general location of the property is West of Meridian Road and North of Waltman Lane and is described in the application which description is incorporated herein. 3. That the property is currently zoned C -G, General Retail and Service Commercial. 4. That the zoning of General Retail and Service Commercial, (C -G) is defined in the Zoning Ordinance at 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 Applicant is not the owner of record of the property; that the owner of record, being the owner of Public Storage of Meridian, is Richard M. Phillips; that the owner has submitted a consent to this application. 6. That the property is currently used for Public Storage of Meridian. 7. That the proposed use by the Applicant is to construct and install a cellular communication facility consisting of a monopole antenna structure and an equipment space to be located in an existing mini storage facility at Public Storage of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 US WEST CELLULAR 8. That at the 0 public hearing the Applicant's representative, Timothy McFadden, acquisition and zoning consultant for US West, stated that due to the tremendous growth of the cellular industry the need for additional "capacity sites" to areas where cellular coverage is already present, is necessary; that new subscribers are overloading the system which requires that new sites be added to add capacity, more frequencies, and more channels to the system; that based on some areas of topography, based on population, based on road or highway frontage and the availability of arterials, a search area is chosen; that the search area is approximately a mile across; that the coverage at this location will be approximately 4 to 6 miles; that the location of the proposed site is almost exactly in the middle of that search area, that being the Public Storage of Meridian. 9. That the pole is made of steel, evenly tapered, with the base being 48 inches and the height being 100 feet; that these poles are designed to withstand winds of 140 miles an hour; that it a' will be located at the north property line of the site E approximately 3,600 feet west of Meridian Road. 10. That the sites at Table Rock and McMillan Road will have the lowering of their antennas and the direction changed with the addition of the four (4) to five (5) new sites; that these smaller facilities will give additional capacity as well as allowing US West to reduce the height; that the chance of multiple users on one pole is a possibility; that the site is on a long term lease with FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 US WEST CELLULAR the property owner and the addition of additional tenants is up to the property owner. 11. That the proposed location of this facility will provide the coverage required in the immediate area and will not interfere with other facilities already in operation. 12. That there is a proposed street that will be developed in the near future that will be going by the mini center where this pole will be located; that we do have opportunity to relocate the pole once the street proposal is approved, to relocate the pole away from the street corridor so as not to have to deal with any potential setback issues. 13. That there was no other testimony to this application. 14. That although sewer and water will not be required at this proposed facility, US West agrees to pay any additional fees generated by the site; that the power to the site will be separately metered and paid directly by US West. 15. That the Ada County Highway District staff report commented that an anticipated east -west collector roadway will be constructed abutting this north property line as a westward extension of Corporate Drive from Meridian Road; that ACHD recommends the City of Meridian require the standard street setback which would be required if a street were abutting the north property line of this site. 16. That the City Planning Director, Shari Stiles, commented that the setbacks in the C -G zone are 15' front and 0' side and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 US WEST CELLULAR 0 • back, with height limitation being 40', but that several pole signs exist within the C -G zone which are higher than 40'; that having never dealt with a "tower" issue like this, the Director is unsure of any FAA restrictions that may exist or whether a variance should be required. 17. That the Central District Health Department, City Fire Department, and Meridian Police Department submitted comments and they are incorporated herein as if set forth in full. 18. 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 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 US WEST CELLULAR 0 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 if a variance from the height restrictions is granted. 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 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. f. 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. g. The development and uses 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 Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, Uniform Electrical Code, the Fire and Life Safety Code, all parking and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 US WEST CELLULAR landscaping requirements; that the Applicant shall meet with Shari Stiles to work out an acceptable landscape plan. 6. That the Applicant shall meet all of the requirements of the Ada County Highway District, specifically including the required set -backs from any existing or proposed streets. 7. That the Applicant should be required to get a variance from the height restriction of 40 feet. 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 HEPPER COMMISSIONER ROUNTREE SHEARER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW US WEST CELLULAR VOTED VOTED VOTED O`- VOTED 46W-3 VOTED 01IV 10195 - Page 7 0 0 DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the Applicant apply for a variance of the height restriction and if that variance is granted 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: APPROVE: ME4 DISAPPROVE lov ! � FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 US WEST CELLULAR • 0 ORIGINAL BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION LOFFER INVESTMENTS, INC. APPLICATION TO VACATE 20' EASEMENT CENTRAL VALLEY CORPORATE PARR NO. 1 LOT 5. BLOCK 1 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing September 12, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Petitioner appearing through his representative, Charlie Gongre, of Roylance Engineering, the Planning and Zoning Commission having heard and taken oral and written testimony, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the vacation of the utility easement was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 12, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 12, 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. LOFFER INVESTMENTS, INC. Page 1 0 0 2. That this property is located East of Meridian Road and North of East Corporate Drive and is described as the Northerly 10 feet and the Westerly 5 feet of Lot 5, Block 1 of Central Valley Corporate Park No. 1 (a recorded subdivision on file in Book 57 of plats at Pages 5332 and 5333, records of Ada County, Idaho) and is owned by Applicant; that a note on the plat creates a 20' (twenty - foot) easement for drainage and utilities on the North and West of Lot 5 Block 1; that the Applicant proposes a vacation of the 20' utility and drainage easement situated on the North line of Lot 5 Block 1 and create a new 5' easement along the West line of Lot 5 Block 1. 3. That Idaho Power submitted partial release of easement; that the other utility companies, namely TCI Cable, U.S. West Communications, and Intermountain Gas Company and Nampa and Meridian Irrigation submitted no comments which objected to the vacation of the easements. 4. That the property is currently zoned C -G, General Retail S Service Commercial. 5. That Mr. Gongre testified that as far as he is aware of the storm water drainage system at the site is an open ditch that is next to the service road that is on the canals property, in which case this can be relocated if it needs to be, if the developer really feels like it is necessary to do so; that if it is found that the actual location of the pipe is outside of the easement that the developer is proposing to relocate any piping and that would remain as an easement. LOFFER INVESTMENTS, INC. Page 2 0 9 6. That Gary Smith, Meridian City Engineer, testified that the piping is in existence according to the design drawings; that it is the opinion of the Public Works Department of the City of Meridian that the easement needs to be maintained for the maintenance of the pipe; that it does drain a portion of the street to a catch basin and that pipe then runs to the east and then to the north along this easement then to the east continuing along the north side of this property to Nine Mile Drain; that if the easement is to be vacated then the pipe needs to be relocated in another easement. 6. That Larry Sale, of the Ada County Highway District, testified that the design plans for the storm drains indicate that it varies in depth from 8 feet in the street to about 10 feet deep along the property line; that the recommendation of the District is that the Applicant search for another means to reach their goals other than to vacate the easement and relocate the pipe. 7. That there was no public testimony objecting to the vacation of the easements. 8. That the Assistant City Engineer, Bruce Freckelton submitted comments; that in his opinion, the existing 20 foot wide easement needs to remain in place; that the City of Meridian does not have jurisdiction on the operation and/or maintenance of the storm drain pipes; that consent for the easement relocation was not sought from the Ada County Highway District nor the Nampa and Meridian Irrigation District; that since the storm drain carries street runoff water directly to the Nine Mile Creek, that the LOFFER INVESTMENTS, INC. Page 3 consent of these two entities should be sought since the Ada County Highway District and possibly the Nampa and Meridian Irrigation District have jurisdiction over the operation and maintenance of this storm drain pipe; that if it is decided to approve this application, the easement along the westerly boundary should not be reduced in width to anything less than 10 feet. 9. That the Meridian Police Department, Meridian Fire Department, and Central District Health Department, submitted comments and such are incorporated herein as if set forth in full. 10. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian and of Idaho Code, Section 50-1306A have been met. 2. That the City of Meridian has authority to vacate easements pursuant to Idaho Code, Section 50-1306A and Section 11- 9-611A, Vacations and Dedications, of the Revised and Compiled Ordinances of the City of Meridian. 3. That do to the comments of the Assistant to the City Engineer, Bruce Freckleton, that the existing 20' wide easement needs to remain in place, since the Ada County Highway District recommended that the Applicant search for another means to reach their goals other than to vacate the easement and. relocate the LOFFER INVESTMENTS, INC. Page 4 9 pipe, and since the Nampa and Meridian Irrigation District did not submit comments and they may have an interest in this vacation of an easement, the easement should not be vacated in any fashion. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopt and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE SHEARER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) DECISION AND VOTED VOTED VOTED %%%5 VOTED A1�5eP17— VOTED — The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they deny the vacation of easement requested by the Applicant based on the above Findings of Fact and Conclusions of Law. MOTION: APPROVED• DISAPPROVED: LOFFER INVESTMENTS, INC. Page 5 CITY OF MERIDIAN PUBLIC MEETING SIGN-UP SHEET ' 4i-1pnifiq �20121'n y tom ✓h Ss/otl ���iber io i 995 Jho .2zs s�AL� ,0 8 C;IlAl0C ��- sq �4 7 . lA- Oa?G 83; 0 CITY OF MERIDIAN PUBLIC MEETING SIGN-UP SHEET oc��e� io, iyy� PHONE NUMBER 1 �i a C r2 e ✓ts `50-12- /� 11 /y��C 1�tv7t- c� pSIP 6 �D l yd© Gj 1 t S �� �Pofirs J � j-f- f- � - � 313 � A�A �- ;?A/ �� ,-<�n�J Kn q-7 ��/ z —;? Lz / Y_ UO' on October 9, 1995 To: CITY OF MERIDIAN PLANNING AND ZONING COMMITTEE Meridian City Hall 33 East Idaho Street Meridian, Idaho 83642 From: MERIDIAN GREENS HOMEOWNERS ASSOCIATION Post Office Box 301 Meridian, Idaho 83680 Subject: Transport Truck and Trailers, Inc. (Bill Howell) request for Annexation and Rezoning, and a Conditional Use Permit The Meridian Greens Homeowners Association (225+ homes with more to be added) requests to go on record as totally opposed to this subject application for the following reasons. The proposed location for a Transport Truck and Trailer Sales and Service facility is not appropriate or in keeping with the present or planned use of the adjoining and local area property for the following reasons: • Overland Road, presently at two lanes and in the planned near future three lanes, is not designed for this type of use. • The traffic intersection at either Eagle/Overland or Meridian/Overland is not designed or presently planned for this type of use based on traffic volume and traffic safety issues. Private cars, school buses, and commercial vendors enter and leave the several subdivisions along Overland between Meridian Road and Eagle Road. There is also considerable traffic from Locust Grove entering J • Already existing developments around that area must use Overland for a means of egress and access. Additional traffic signals would be necessary. • The increased noise level brought about by the increased highway type truck traffic on Overland Road will be a major annoyance and problem for all the residents in this area. • The type of tall standard lighting which will be required for this type of facility is not compatible with the planned R-4 zoning south of Overland Road. • The 24-hour per day service which goes with this type of business is not compatible with any of the present or proposed future use of the property along Overland Road (Meridian to Eagle). Most of the points listed above will definitely incur an increase in tax dollars for the residents of Meridian. It could also lower the property value of the homes in the area thereby decreasing the tax dollars coming in to the city of Meridian. For the abovestated r ns the Meridian Greens Homeowners Association strongly feels this application should be denied. Kevin Merritt, President MERIDIAN GREENS HOMEOWNERS ASSOCIATION