1996 06-11
MERIDIAN PLANNING & ZONING COMMISSION
AGENDA
TUESDAY, JUNE 11, 1996 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD MAY 14, 1996:
(APPROVED)
MINUTES OF SPECIAL MEETING HELD MAY 22, 1996:
(APPROVED)
TABLED MARCH 12, 1996: ANNEXATION AND ZONING REQUEST FOR
PACKARD SUBDNISION NO.2 BY PNE/EDMONDS CONSTRUCTION:
(TABLED UNTIL JULY 9, 1996)
2. TABLED MARCH 12, 1996: PRELIMINARY PLAT FOR PACKARD
SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION:
(TABLED UNTIL JULY 9, 1996)
3. TABLED MAY 14, 1996: REQUEST FOR A PRELIMINARY PLAT FOR THE
RANCH SUBDNISION BY THE WESTPARK COMPANY: (TABLED
UNTIL JULY 9, 1996)
4. TABLED MAY 14, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR
THE RANCH SUBDIVISION BY THE WESTPARK COMPANY:
(TABLED UNTIL JULY 9, 1986)
5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL
USE PERMIT A CHILD CARE CENTER BY JERRY COBLER:
(APPROVED FINDINGS; PASS ON RECOMMENDATION TO
CITY COUNCIL)
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION/
ZONING TO C-G BY JAMES 8~ DONNA HASKIN AND MAYME
ELLEN GREEN: (APPROVED FINDINGS; PASS ON
RECOMMENDATIION TO CITY COUNCIL)
7. FINDNGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION/
ZONING TO C-G BY RICHARD JOHNSON AND LAMONT KOUBA:
(APPROVED FINDINGS; PASS ON RECOMMENDATION TO
CITY COUNCIL)
8. CONDITIONAL USE PERMIT FOR A RECREATIONAL AUTOMOTIVE USE
BY LAMONT KOUBA; TABLED MAY 14, 1996: (PASS ON
RECOMMENDATION TO CITY COUNCIL)
9. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
RETAIL SALE OF ALCOHOLIC BEVERAGES BY DWAYNE WINN:
(CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND
CONCLUSIONS OF LAW)
10. PUBLIC HEARING: REQUEST FOR ANNEXATION/ZONING TO C-G AND
I-L BY DOUG TAMURA AND ARTHUR BERRY: (TABLED UNTIL
JULY 9, 1996)
11. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
A COMMERCIAL PLANNED UNIT DEVELOPMENT BY DOUG
TAMURA AND ARTHUR BERRY: (TABLED UNTIL JULY 9, 1996)
12. PUBLIC HEARING: REQUEST FOR ANNEXATION20N1NG TO C-G BY
EAGLE PARTNERS LLC: (APPLICATION WITHDRAWN)
13. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
A CHEVRON C-STORE, MCDONALDS WITH A DRIVE THRU
AND AN 80 ROOM HOTEL BY EAGLE PARTNERS LLC:
(APPLICATION WITHDRAWN)
MERIDIAN PLANNING & ZONING COMMISSION JUNE 11. 1996
The regular meeting of the Meridian City Council was called to order by Chairman Jim
Johnson at 7:30 P.M.:
MEMBERS PRESENT: Tim Hepper, Greg Oslund, Malcolm MacCoy:
MEMBERS ABSENT: Jim Shearer:
OTHERS PRESENT: WiII Berg, Wayne Crookston, Gary Smith, Shari Stiles, Paul Loree,
Dick Moore, Dee R Lynn, Ted Hanson, Dwayne Winn, John Anderson, Terri Lynn, Karen
Gallagher, Doug Tamura:
Johnson: I need to announce that if you are here for item 12 or 13 that application has
been withdrawn so we won't be taking public testimony tonight on that or addressing it.
MINUTES OF PREVIOUS MEETING HELD MAY 14, 1996:
Johnson: Are there any corrections, deletions or additions to these minutes? Entertain
a motion for approval please.
MacCoy: I recommend that the approval of the Planning and Zoning Commission of the
agenda for the and the report from May 14 be accepted.
Oslund: Second
Johnson: Moved and seconded that we approve the minutes as prepared, all those in
favor? Opposed?
MOTION CARRIED: All Yea
MINUTES OF SPECIAL MEETING HELD MAY 22, 1996:
Johnson: Are there any corrections, additions or changes to these minutes that you would
like to make?
Hepper: Mr. Chairman, I move that we approve the minutes of the special meeting held
May 22.
MacCoy: Second
Johnson: It has been moved and seconded that we approve the minutes as prepared for
our special meeting May 22, all those in favor? Opposed?
MOTION CARRIED: All Yea
Meridian Planning & Zoning Commission
June 11, 1996
Page 2
ITEM #1: TABLED MARCH 12, 1996: ANNEXATION AND ZONING REQUEST FOR
PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION:
ITEM #2: TABLED MARCH 12, 1996: PRELIMINARY PLAT FOR PACKARD
SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION:
Johnson: It was my understanding this was tabled for no response to previous requests.
I have discovered nothing has changed since that unless somebody else has any input on
that? I have a letter from Mr. Vem Alleman that he still has not bee contacted with respect
to easement on his property which is a key issue here. I have checked with staff and staff
has received nothing from the applicant. It would be my recommendation that we table this
further.
Oslund: Mr. Chairman 1 move that we table items 1 and 2 until the next regularly scheduled
meeting.
Hepper: Second
Johnson: It has been moved and seconded that we table both items 1 and 2 to our next
regularly scheduled meeting a date certain of July 9, 1996, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #3: TABLED MAY 14, 1996: REQUEST FOR A PRELIMINARY PLAT FOR THE
RANCH SUBDIVISION BY THE WESTPARK COMPANY:
ITEM #4: TABLED MAY 14, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR
THE RANCH SUBDIVISION BY THE WESTPARK COMPANY:
Johnson: Checking with indicates nothing new has been received on these applications
is that correct? Shari Stiles says yes for the record. Nothing has changes then it would
be my suggestion that we also table these items.
Hepper: So moved
MacCoy: Second
Johnson: Moved and seconded that we table items 3 and 4 until a date certain of July 9,
1996 our next scheduled meeting, all those in favor? Opposed?
MOTION CARRIED: All Yea
Meridian Planning & Zoning Commission
June 11, 1996
Page 3
ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL
USE PERMIT FOR A CHILD CARE CENTER BY JERRY COBLER:
Johnson: You have these findings of fact as prepared by the City Attorney, are there any
corrections, deletions or any discussion regarding these findings of fact and conclusions
of law?
Oslund: Mr. Chairman, just a clarification for my information, one of the conditions,
condition 4, on page 12 there says provide for a child care pick up area located off of the
two main fronting streets. I guess my first question is is there any off street parking
requirement for those other than employees?
Crookston: No
Oslund: Then this pick up area, I guess it is not crystal clear to me exactly what that is, it
is off of one or the other fronting streets.
Crookston: It fronts onto Chateau which runs east and west and I can't remember the
street that goes into the school that fronts on two streets, it is a corner lot.
Johnson: It has to do with configuration of the property, the structure on the property as
pointed out by the applicant at the last meeting and it is my understanding that is why the
pick up area is on I shouldn't call it a side street but not the main street, is that correct?
Crookston: I thought that it was on the corner of Chateau and the street that goes into the
school and that it was actually on the corner.
Hepper: I believe it is right across the street from the school.
MacCoy: Is that Jericho.
Oslund: Yes, it seems like there was one lot between it and the cross street.
Crookston: It needs to have so the the street that it does front on has that statement with
it.
Oslund: What is the pick up area exactly, is it (Inaudible)
Crookston: It can be anywhere but the children need to be dropped off off the street so
that the parents aren't driving along the street and just stop on the street and the kids jump
out probably both sides of the car or sometimes both sides of the car. It is designed, my
Meridian Planning & Zoning Commission
June 11, 1996
Page 4
comment is so that the kids don't get out of the car while the car is still on the street so that
there then would not be cars passing that could run into a child that let's say is getting out
let's say the passenger or drivers side of the vehicle from the back door.
Oslund: So one option the owner has to effect this is to have restricted parking on that
frontage signed as such that it is for pick up and drop off only and not for any kind of
parking.
Crookston: It would be either that or have a drop off area when they pull into the drive way
that would be more preferable than on the street at all.
Johnson: I am not too sure that you could get the restrictive non-parking limitation on the
public street.
Oslund: That was my concern.
Johnson: Okay, any other questions any other discussion regarding the findings of fact?
If not I will entertain a motion for approval as written.
MacCoy: I recommend that the Meridian Planning and Zoning Commission hereby adopts
and approves these findings of fact and conclusions.
Hepper: Second
Johnson: We have a motion and a second to approve the findings of fact as written, this
is a roll call vote.
ROLL CALL VOTE: Hepper -Yea, Oslund -Yea, Shearer -Absent, MacCoy -Yea
MOTION CARRIED: All Yea
Johnson: Any recommendation you would like to pass onto City Council?
MacCoy: 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. That the use should be denied if the owner
does not give his consent.
Hepper: Second
Meridian Planning & Zoning Commission
June 11, 1996
Page 5
Johnson: We have a motion and a second to pass the recommendation onto City Council
as stated by Commissioner MacCoy all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND
ZONING TO C-G BY JAMES & DONNA HASKIN AND MAYME ELLEN GREEN:
Johnson: Any discussion regarding these findings of fact as prepared by the City
Attorney?
Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission of the City of
Meridian hereby adopts and approves these findings of fact and conclusions of law.
MacCoy: Second
Johnson: A motion and a second to approve the findings of fact as prepared, roll call vote.
ROLL CALL VOTE: Hepper -Yea, Oslund -Yea, Shearer -Absent, MacCoy -Yea
MOTION CARRIED: All Yea
Johnson: Recommendation gentlemen?
Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby
recommends that the property set forth in the application be approved by the City Council
for annexation and zoning under the conditions set forth in these findings of fact and
conclusions of law. Including that the applicant or assigns enters into a development
agreement with prior issuance of a building permit ar final plat whichever comes first. And
that the property only be developed as a commercial or generally planned development
or under the conditional use process. That if the applicant is not agreeable with these
findings of fact and conclusions and is not agreeable with entering into a development
agreement that the property should not be annexed.
MacCoy: Second
Johnson: Moved and seconded that we pass on the recommendation as stated to the City
Council, all those in favor? Opposed?
MOTION CARRIED: All Yea
Meridian Planning & Zoning Commission
June 11, 1996
Page 6
ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND
ZONING TO C-G BY RICHARD JOHNSON AND LAMONT KOUBA:
Johnson: Any discussion regarding these findings of fact as prepared. There is a revised
version. is there not, did everybody get the origina- and then you revised it. So we are
working off of the revised version.
Hepper: Mr. Chairman, I had a question on page 20, on paragraph 15, I have a question
if that, where it says City Council standards under which the City Council shall review
applications, if that shouldn't state Planning and Zoning. In the last sentence there it says
the City Council concludes as follows, if that shouldn't also state Planning and Zoning
Commission concludes as follows?
Johnson: Sounds right to me, do you concur on that Counsel?
Crookston: Yes I do
Johnson: The change is noted. Any other changes or discussion? I have a couple of
small corrections, page 3, I am not too sure of the origin of this comment, number 6, that
the Avest Plaza for Fred Meyer shopping center is not the property to the north of this
development. This is somewhat west of that there. And on page 5, the last sentence, I am
confused about how it reads. I get hung up when we get to the last sentence it says "and
would have not problems". Also on page five in the middle, I don't know about my old
English or not but 1 think beautiful is probably in that use should be beautifully. I don't
know, I am more concerned with that last sentence on page five. (Inaudible)
Crookston: I think we just need to move the t off of the not.
Johnson: Okay, that accomplishes the same thing. Those are the only two corrections
that I have. I just think it is a stretch to say that it is across from Fred Meyer. Anything
else, any other corrections?
Oslund: I don't know if it is a correction or a clarification on page 22, items A, B and C
near the bottom the first one refers to the Planning and Zoning Administrator and then the
seconds referred to the Planning and Zoning Director, is there a distinction there?
Crookston: No
Oslund: Okay, one in and the same.
Johnson: We haven't decided on a title for her yet that is all. That comes with her next
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June 11, 1996
Page 7
paycheck I guess instead of a raise. Okay, anybody else have any discussion on that? If
not I will entertain a motion on that for approval with those corrections as noted.
Oslund: Mr. Chairman, I move that the Meridian Planning & Zoning Commission hereby
adopt and approve these findings of fact and conclusions with the stated corrections.
Hepper: Second
Johnson: Moved and seconded that we approve the findings of fact as prepared with
corrections as stated, roll call vote.
ROLL CALL VOTE: Hepper -Yea, Oslund -Yea, Shearer -Absent, MacCoy -Yea
MOTION CARRIED: All Yea
Johnson: Recommendation to the City Council?
Oslund: Mr. Chairman, 1 move the Meridian Planning and Zoning Commission of the City
of Meridian recommend to the City Council that the property set forth in the application be
approved for annexation and zoning and the issuance of the conditional use permit under
the conditions set forth in the conclusions of law.
MacCoy: Second
Johnson: Motion and second to pass the recommendation onto the City as written, all
those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: Have we covered item 8 in item 7 since it was in the title?
Crookston: Yes
Johnson: Okay, so we have covered right now item 7 and 8 both the annexation request
and the conditional use request, it looks like it was incorporated into one document. I
meant to ask that question before we addressed it.
ITEM #9: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
RETAIL SALE OF ALCOHOLIC BEVERAGES BY DWAYNE WINN:
Johnson: At this time I will open the public hearing and invite Mr. Winn or his
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June 11, 1996
Page 8
representatives to address the Commission.
Dwayne Winn, 3793 Manchester, Boise, was sworn by the City Attorney.
Winn: I don't know what to say, in 1978 I put in for a liquor license in the City of Meridian
and it came thru this year. I had an agreement with Moe for the EI Zocalo and he was
going through a divorce and right when I got my license and the judge awarded her the
building over here. So I was out and Mr. Mayes leased me part of his building and that is
what I am trying to do. I have to maintain alcohol beverages for 6 months to retain this
license and that is all I am trying to do. I only have seating capacity for 4 or 5 people. I will
only be open from 9 to 5:30 and that is it.
Hopper: What happens after the six months?
Winn: After 6 months you can keep it, you don't have to sell anything. The way the laws
when I put in in 1978 for, you didn't have to open anything but now they have it so you
have to be able to sell alcoholic beverages for six months it has to be in operation for 6
months. After six months I put in my (inaudible) that is all 1 am trying to do is keep the
license.
Johnson: In that regard Mr. Winn have you checked with the proper authorities as to
whether or not the building you are contemplating using the Mayes building will meet the
code necessaryforthe occupancy?
Winn: I have gone into agreement with the health department, they have been there and
there are a few items like I had to have a spring loaded door and had to put things in the
toilet. I am in the process of fixing
Johnson: When you say things to the toilet are you talking about to accommodate
handicapped?
Winn: No, the inlet has to be an inch above the outlet so you can't get any back pressure.
Anyway the health department has conditionally approved it for this six months to get my
license to maintain my license.
Johnson: Shari, are you familiar with what might be entailed other than the health
department for the State with respect to our local ordinance, any local ordinance might
apply to fire safety, health standards?
Stiles: Chairman Johnson 1 am not sure what that all would entail as far as handicap
accessibility maybe the sinks are required to be, 'rf he can furnish some kind of an approval
•
Meridian Planning & Zoning Commission
June 11, 1996
Page 9
from Central District Health with what he is planning to do and all of the other requirements
I wouldn't have any problem with it.
Johnson: What would be perhaps where he should go to verify that. I am thinking in terms
of the Fire Marshall, exit doors whatever. I think he is going to have to meet all those
standards of public gathering place and I just think that it would be in your best interest to
touch those bases as soon as possible with our local city agencies. I would start with the
fire department and maybe go to the building department as well. I would do that.
Stiles: The public safety issue definitely needs to be (Inaudible)
Johnson: The public safety issues, our requirements may differ from Central District
Health and also from State requirements.
Winn: The way it is right now it is single container throw away, nothing. It is single
container, I can't touch the ice I have to use an ice prong.
Johnson: I am more interested in things like fire safety, does the door go in or does it go
out. Dces it have a panic bar, those kinds of things I think you may have to meet some of
those requirements as well. 1 am not trying to discourage you I just want you to go in with
your eyes opened that you know you might have to do some of those things as well.
Winn: This was not my dream, I mean in 1978 I was hoping it would be a nice cafe or
(inaudible) this is not what I expected.
Johnson: The only thing that I still have that I had in 1978 is I used to play better golf. Any
other questions of Mr. Winn?
MacCoy: I have the first question to give to our Council is there in the Idaho law a
distance set forward from a drinking establishment of issuance of liquor to either a public
building or next to a library like where we have children involved.
Crookston: Yes there is, it is 300 feet.
MacCoy: Since I only have a parking layout are you planning to do nothing except just be
there.
Winn: 1 have seating for about four people, I don't plan on anything
MacCoy: Nothing bigger than that.
Meridian Planning & Zoning Commission
June 11, 1996
Page 10
Winn: I will be closed no later than 6:00, 5:30 I think.
MacCoy: Okay, what about signage?
Winn: The only thing I have is no one under 21 to enter, I am not advertising at all. What
the law says is I have to be open for 6 months and that is all, it doesn't say I have to sell
anything. It says I have to be open and that is all I want.
MacCoy: That is all I have.
Johnson: Thank you, any other commissioners that would like to ask questions of Mr.
Winn?
Oslund: Not necessarily a question, let me just start off by saying that I, since your hours
are so restricted you won't catch me down there taking a drink because I don't drink during
the day usually. On the map that was provided with the application just a clarification at
least the one I have it shows the location of the block, it shows, where mine shows anyway
is about where the library is right here.
Winn: No it is right across from the 127 Club.
MacCoy: That was the reason for my question because I saw that map.
(Discussion Inaudible)
Oslund: That is not a bad idea though to serve drinks over at the library.
Johnson: (Inaudible) this is a public hearing anyone else like to address the commission
on this application? Seeing no one then I will close this public hearing, what is your
pleasure gentlemen?
Mepper: Mr. Chairman, I move that we have the City Attomey prepare findings of fact.
MacCoy: 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
Johnson: The reason I am stumbling around is I probably should tell you what we did
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June 11, 1996
Page 11
because you are not used to this process right. I will back up, what we have done is just
taken public testimony which there was none other than listen to you. Now as required by
law we have to have the City Attorney prepare findings of fact and conclusions of law.
Those are those things we went through when you were here earlier. That will be on our
next scheduled meeting July 9 then from July 9 it goes to the Ciry Council for their
approval and if everything goes through the earliest it can be approved is, it could be the
23rd of July, could be that is with no hang ups. It might make it to the 16th.
(Inaudible)
Johnson: Yes you went there for the license now you have to get permission to zone for
it to use the license. That is kind of a lengthy process but I wanted you to know that before
you left and I should have told you that.
(Inaudible)
Johnson: Well that is really not our function to do that, all we can do is provide you with
all of the information that you need so that you can tell them this is the process I have to
go through, I started it in good faith and just because the fact that we only meet once a
month you are kind of restricted see. The City Council they meet twice a month and you
have to fall in with those dates because we are required by law to notice the public twice
15 days in advance. When you are working with a newspaper that is a weekly then we
have to advertise it in the weekly it is a local paper instead of a daily. You start putting all
of those dates together it just stretches the process out. Even if you hit everything
smoothly it can take 90 days or so.
(Inaudible)
Johnson: What I would do is certainly prevail upon them with the extenuating
circumstances that you are doing everything that you can. When did this license become
available to you?
Winn: (Inaudible)
Johnson: They may ask you why you waited.
Winn: (Inaudible) I work for the Highway Department (inaudible)
Johnson: You know after you approach, 1 know Vem Alleman wants to tell me something,
after you approach the authorities with your story would you contact Will Berg and tell him
what the problem is. He is the City Clerk. Anything that we can help you out with we will.
Meridian Planning i3< Zoning Commission
June 11, 1996
Page 12
Vern, it is not a public hearing any more but what do you have?
Alleman: (Inaudible)
Johnson: I don't know the answer to that, I think it is. Paisano's was within the Nazarene
Church and they have a liquor license, and the church said that was okay. This is kind of
a different story, I haven't measured it. That is a good point.
ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-G
AND I-L BY DOUG TAMURA AND ARTHUR BERRY:
Johnson: I will now open the public hearing. If there is a representative or the applicant
here please come forward at this time. Is there anybody here representing this
application? Let's handle 10 and 11 together gentlemen. Is there anyone else from the
public that would like to address this commission at this time. We will take public
testimony.
John Anderson, 120 N. Locust Grove Road, was sworn by the City Attorney.
Anderson: Is it okay if I approach you with my written comments?
Johnson: Yes, do you have copies for everyone?
Anderson: Yes, I live at 120 N. Locust Grove which is approximately 200 feet south of
Lanark. I am located on the east side of this proposed project. We have lived on Locust
Grove since 1986 and kind of got used to the quality of life out there. 1 am not really
opposed to this type of building, 1 did come to try and find out down here at the City they
didn't have the information as to what type of business was going in there. So I (inaudible)
I am kind of concerned on the business hours. 1 don't know if you have restrictive
covenants for these kinds of things that are built in a residential area. I would like to see
something similar to a 6 a.m. to a 10 p.m. type of arrangement if we could at least along
what is now Locust Grove Road. I don't know what you are going to change it to. I see
that you are relocating it and aligning it with, on the north and south side. I live right
behind Cope Auto Parts and that is pretty (inaudible) real big problem, it doesn't bother me
that much and I wondered if anybody could answer, is there any kind of hours set up for
this type of businesses?
Johnson: I don't think that we are going to be able to answer a whole lot of questions
because the applicant isn't here. You can ask anything you want and it goes into the
record and it will have to be answered.
Meridian Planning & Zoning Commission
June 11, 1996
Page 13
Anderson: Okay, well I guess I will ask that question and I guess we will wait and if we
have a re-hearing we will come in talk. Some other concerns that 1 have also would be the
type of businesses and there again I suppose nobody is here and I will ask it anyway.
am concerned that it is not a commercial business that operates 24 hours a day which
leaves a lot of traffic possibly coming by my home, maybe possibly having large neon
signs that would make it difficult to sleep. Another big concern this is probably
occupationally as well as personally, I work for the Nampa Meridian Irrigation District,
although I am not representing them tonight, the ditches that go down through this property
is the end of what is called the Barker Lateral. This has got to be piped I suppose by the
City ordinances has to be accommodating of 275 minor inches approximately. It is real
important if you could put some kind of restrictions on any of the irrigation work being done
limited to October 15th to March 15th. The facility itself, where this water comes from is
probably a mile and a half to a mile and 3/4 away from this property. If they have a problem
which happens quite commonly when they are doing this kind of development we can't
shut that water off real fast. Not to mention it would disrupt a bunch of people's private life
who use this water to irrigate with. That is a real big concern with me, I would be more
than happy to participate in the approval of that system if I am allowed to. Traffic, I don't
know if this concerns you guys or not but traffic on Locust Grove right now where you
come to Franklin Road is a real nightmare at certain times of the day. I would really like
to recommend or ask that maybe we get a light put in at Locust Grove and Franklin at the
new location to offer some sort of buffer. I think with this kind of complex it is going to bring
more traffic in there. Or at least consider that. Lastly, on the construction, there again I
don't know if you guys can accommodate this either is there anyway that during the
construction period that can also be limited from 6 a.m. to 10 p.m. so that we can ge# some
rest at night out there. Hopefully there again, I don't know a lot about these kind of things
but that they offer some kind of dust control or noise control during this process. A good
friend of mine just had a subdivision built on 20 acres across the street from his house in
Nampa and just dusted their poor house. They had to get the curtains all completely torn
out of there, reclean the carpets (inaudible) she gets kind of excited when that stuff
happens. I guess rf there is going to be another hearing or any amendments to any of this
would like to be notified so I can come back and comment on it.
Johnson: You will be, thank you for your comments. Anyone else?
Dee R Lynn, was sworn by the City Attorney.
Lynn: With the road being moved of course then I will bump up exactly to this property.
Which is no problem because I have been around long enough in the business world to
realize that it makes sense for commercial things to kind of all go in together and be just
do things the way they fit. And I obviously didn't care enough to buy the property and keep
it the way it is so I don't have a whole lot of comments to make except on the traffic. It
Meridian Planning & Zoning Commission
June 11, 1996
Page 14
really is d~cult to get onto Franklin Road even from my property now. I really do think it
would be quite a necessity to have at least a light there. Of course 1 am interested too in
more information about what is planned but that is not the biggy.
Johnson: Thanks Dee, that traffic is going to get worse and worse because of other
developments in there. The fact that Layne Industrial Park and there is also another 20
acre park right across from that development. So that is going to increase it, you make a
valid point on the traffic. Anyone else? Close the public hearing at this time. Mr. Hepper
is there something you would like to do with this application at this time?
Hepper: Yes, I think we need to table it to our next regularly scheduled meeting.
Oslund: Second
Johnson: We have a motion and a second to table it, I am assuming, hopefully correctly
because the applicant is not here?
Hepper: Yes
Johnson: To table this to the July 9 meeting which is our next scheduled meeting.
Oslund: Mr. Chairman some discussion?
Johnson: Yes, and I need to make a point before we do that, we want to leave the public
hearing open. Go ahead what you were going to say?
Oslund: That is the point I was going to make.
Johnson: Thank you
Crookston: This is on both items ten and eleven is it not?
Johnson: Yes, and we will start we will take more public testimony at the next meeting.
All those in favor of tabling the item? Opposed?
MOTION CARRIED: All Yea
Johnson: Does anybody else have anything because we are all through?
(Inaudible)
Meridian Planning & Zoning Commission
June 11, 1996
Page 15
Johnson: We got a letter from the applicant asking as to withdraw their application.
(Inaudible)
Johnson: Not totally, to just withdraw the application. There is an indication that they will
resubmit and there will be a new design. As far as we are concerned it is just a withdraw,
we can't take public testimony because (inaudible).
(Inaudible)
Crookston: Jim if they ask to be withdrawn, the whole application is withdrawn there is
nothing for the City now.
Johnson: Absolutely, that is what t was trying to say, you just said it better than I did. But
totally, they have a condition in here that they are coming back but it is not really, it is still
withdrawn. Anybody else? Karen Gallagher would like to talk to us from ACRD.
Gallagher: Thank you Mr. Chairman, on that application that was withdrawn, I was asked
to try and get some feedback from you. We are looking at it in conjunction with discussing
with Shari of getting a public road at the signal at St. Luke's with the understanding that
we are going to see some redevelopment that the comp plan calls for some kind of mixed
use planned developments. Do you have any feedback on that do you see that developing
that way. Is there a need for a public road at that signal as far as what you see coming in.
Is it only going to be those two parcels of some of the ones along Eagle Road and beyond
that we aren't going to see an incredible amount of development where we need this road.
Johnson: I can only speak for what I know which is very little about that. The only
information that I have is and Shari may be able to add to this is the two developments
along there. The one that is there now and then this proposed application that is
withdrawn. Is your question is there something further west?
Gallagher: Yes, the only reason we would need the public road as we see it is if we do see
additional commercial development. Because otherwise we are going to be putting in
probably doing some kind of partnership at least for the first stretch of it to get the public
road started and we are trying to make sure that we are headed in the right direction
looking at your comp plan. Obviously we are looking into the future trying to make some
educated guesses on what is going to be needed. If we don't get it with this parcel that
has been withdrawn and as I understand they are trying to design with this road and get
some property from the parcel next door to them. We are going to lose the opportunity to
get them out to a signal and possibly have a right in and right out at Magic View in the
future when Eagle becomes more restricted. If there is any kind of guidance that you can
Meridian Planning & Zoning Commission
June 11, 1996
Page 16
give us that you are headed in the right direction I can at least take that back.
Johnson: Does anyone have any knowledge that I don't have because I am surprised as
the next person that they are developing those two parcels. (Inaudible) they are occupied
now there are parcels in the five acre tract, I just don't know anything else. Do you know
of anything Shari? Any plans?
Stiles: Chairman Johnson and Commissioners I have not heard anything specifically about
that. My only concem is that is the only traffic light allowed between Overland Road and
Franklin Road and I think that single family homes on five acre parcels in that area that
property value is going to be so much it is going to dictate that they sell out to a
commercial, some kind of a a commercial office development and that is my concern that
there is some type public access to get to that light. Because getting out of Jacksons now
is a nightmare if you want to go north.
Hepper: It would be purely guess work but I would guess that just because of the proximity
to the overpass and the freeway and that being such a big open piece of property that
there is no reason why it wouldn't eventually go commercial. It may be something like
Nahas' property, or it could be an industrial park back there or a commercial center or
whatever. Just because of the proximity to the freeway and overpass like you said I can't
see any reason why it wouldn't.
Gallagher: That is what we were thinking, I mean 55 being one of the roads that really can
take you north south somewhere and the fact that your comp plan does allow for
redevelopment (inaudible). So nobody sees any reason why we shouldn't go ahead with
the road then, can I phrase it that way?
Johnson: I really don't, I know one other land owner on that street and (inaudible) I haven't
had any conversation with anyone else.
Gallagher: Thank you
Johnson: Thanks for coming, somebody else had something they wanted to talk to us
about? Are you the guy that is late? Well gosh you are too late. We already had the
public hearing.
Tamura: Mr. Chairman; members of the Commission my name is Doug Tamura. What
would like to do is if I could informally ask the Commission kind of some direction of where
we are going with our property. (End of Tape)
Crookston: I suppose that he could ask some questions but it is really not advisable for the
Meridian Planning & Zoning Commission
June 11, 1996
Page 17
Commission to discuss the matter outside of the public hearing.
Johnson: I don't have a problem with you making a presentation but we probably won't
comment on it. Do you want to do that (inaudible) we extended the public hearing as being
open so we will have it next month.
Tamura: That is fine because part of what we are trying to do is working with Karen on
working out all of the Highway DistricPs concerns about what is going on with our property.
I talked with Shari and here is kind of our predicament. I understand the City of Meridian
desires's to have kind of a big picture of what we would like to do. We recently bought the
Madden property which is at the corner of Locust Grove and Franklin. So there is
approximately 38 acres that we would like to master plan.. The long term traffic plan is to
have a five lane facility on both Locust Grove and Franklin Roads.. At this point it will be
a fairly major intersection with a future bridge that will cross across the freeway. Our
thought was to go ahead and preserve the corner of the two Locust Groves and Franklin
for some kind of commercial development in the future. Our desire is to go ahead and do
alight industrial and build a concrete office warehouse complex behind that along the
railroad right of way and the ditch. One of the requests that came from the Highway District
was to propose some kind of east west connection between the two Locust Grove's.
guess what we are showing right here that to us makes the most sense would be
potentially extending E. Lanark from Locust Grove to Locust Grove. The other option that
was mentioned in the Highway District report would be potentially put the road just south
of the rail road right of way. I guess our preference, I guess our question would be for the
Highway District that we discussed with Karen is that since we don't really need the road,
in a sense we have internal circulation that would feed our project is that we don't really
need the E. Lanark extension. I guess the two positions that we would have is we don't
have a problem of letting them use the ditch right of way if they want to use that for road
right of way. But at the same time it seems as if it makes more sense to do East Lanark.
I guess the question I wanted to ask the Commission is on a parcel like this where our
main intention is to start development of our northeast comer of our property is should we
come in for just an annexation and rezone on just what we are going to do and then
request that 1!4 of our property or does the Commission like to see a whole overall
planned unit development of what the big picture is. I guess
Johnson: We don't have an answer to that in a general sense without referring to your
presentation or your plat that you are showing. In general the more information we get the
better. As a matter of fact where we get criticized the most or at least we leave the public
in the lurch the most is when they are unaware of what is ultimately going to be there.
They don't seem to have quite the concern with the annexation and zoning on projects as
they do to what is going to wind up there. And so the more information we can get that is
conceptual or even concrete to use an occupancy structures, roadways, lighting, all of
Meridian Planning & Zoning Commission
June 11, 1996
Page 18
those things then the better off we feel or more confident we feel passing judgement on
other property or recommending judgement on a property. So to answer your question,
kind of leading question, yes the more we can get the better we have found ourselves to
be. One of the things that delays the process on a lot of other applications is the fact that
information has been wanting. That is my general response to all applications and not
specifically to yours.
Tamura: Md I guess the other thing is in talking with Shari and discussing with Shari on
how to proceed this, I guess the perception we would like to have is that for each phase
we go along we would resubmit a conditional use or a finalized conditional use that would
detail exactly what we are going to do in each phase. So this first phase we would like to
request annexation and rezoning on the whole parcel and a specific conditional use just
on our first phase and then we will contihually work.
Johnson: We like to work on applications where we can condition the use and on a phase
basis and Shari likes that too because we just have more control over landscaping and
everything else we want in there as we see it develop.
Tamura: One of the things that we think is what we would like to do with this property one
it is in such a prime location as far as the future and what is going to happen there. Is
looking at what has happened to the subdivisions it seems like the City doesn't have as
quite as much control over what is being built or what is being developed. So I guess our
concept is we would like to go ahead and own and control and develop all of the space
behind. Potentially when we do the commercial depending on what goes there we will
come back in on that. What we would like to do is come up with the concept where the
buildings and the landscaping is an an integral part of that whole back section of our
property. So it is all a planned unit development concept. More than having selling off lots
where you have ten different kinds of users and buildings and whatever. So that is kind
of a general concept and so beyond that it is just working out circulation and traffic for the
Highway District.
Johnson: It is quite a sizable thing there, you are talking 36 acres and (inaudible). We
don't want to talk to you, we will see you next month. Vem did you have something or did
you just come see if we were shutting your water off?
(Inaudible)
Johnson: We need another motion.
Oslund: I move that adjourn this here meeting.
Meridian Planning & Zoning Commission
June 11, 1996
Page 19
MacCoy: Second
Johnson: Moved and seconded that we adjourn the meeting, all those in favor? Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 8:25 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
~ ~ ~~
I JOI NS N, CHAIRMAN
ATTEST:
ILLIAM G. BERG, JR., LERK
•
MERIDIAN PLANNING & ZONING COMMISSION
AGENDA
TUESDAY, JUNE 11, 1996 - 7:30 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD MAY 14, ~99s: ~pproYe,
MINUTES OF SPECIAL MEETING HELD MAY 22, 1996: apprvve~
1. TABLED MARCH 12, 1996: ANNEXATION AND ZONING REQUEST FOR
PACKARD SUBDIVISION N0.2 BY PNE/EDMONDS CONSTRUCTION:
~iz,b~e ~~e J~ y~
2. TABLED MARCH 12, 1996: PRELIMINARY PLAT FOR PACKARD
SUBDMSION N0.2 BY PNE/EDMONDS CONSTRUCTION:
~t2~ZGe tti.,.~-e ~c~ Qr_~ -.
S
3. TABLED MAY 14, 1996: REQUE
T FOR A PRELIMINARY PLAT FOR THE
RANCH SUBDIVISION BY THE WESTPARK COMPANY:
tab/e Z ~~y ~R.
4. TABLED MAY 14, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR
THE RANCH SUBDNISION BYTHE WESTPARK COMPANY:
5 ~~e ~-z~e ~,~j y~ /n~
FINDINGS OF FACT AND CON
. LUSIONS FLAW FOR A CONDITIONAL
USE PERMIT A CHILD CARE CENTER BY JERRY COBLER:
t~provt ~~~¢ e/C paJ,r ors r~com~dafi~w ~ C/G
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION/
ZONING TO C-G BY JAMES >~ NN HASKIN AND MAYME
L
~~ ~
ELLEN GREE
~
N: apymve
p~c.rr a-,.- re co rr-.,. eye d~.~- ~a C~~
7. FINDNGS OF FACT ANO CONCLUSIONS OF LAW FOR ANNEXATION/
k,o~ ZONING TO C-G BY RICHARD JOHNSON AND LAMONT KOUBA:
a,oo~rv~e ~l~ ~Clt pa.r,I o~z recen.a-r-e..te~r~ tv ~?~C
/I"J CONDITIONAL USE PERM
IT FOR A RECREATIONAL AUTOMOTIVE USE
BY LAMONT KOUBA; TABLED MAY 14, 1996:
9. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
RETAIL SALE OF ALCOHOLIC BEVERAGES BY DWAYNE WINN: P~f~
~i ~r y to fy~ePa-~e ~/~ ¢ e /c
10 PUBLIC HEARING: REQUEST FOR ANNEXATION20NING TO C-G AND
1-L BY DOUG T MURA AND ARTHUR BERRY:
'~" J 1 PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR.
A COMMERCIAL PLANNED UNIT DEVELOPMENT BY DOUG
TAMURA AND ARTHUR BERRY:
:<-:
12. PUBLIC HEARING: REQUEST FOR ANNEXATION2ONING TO C-G BY
EAGLE PARTNERS LLC: CLp~i2~,%/v~-~ tv,~kG~/-~cu~r-.s
13. PUBLIC HEARING: REQUEST FOR/A CONDITIONAL USE PERMIT FOR
A CHEVRON C-STORE, MCDONALDS WITH A DRIVE THRU
AND AN 80 ROOM HOTEL BY EAGLE PARTNERS LLC:
~~DPlic6c~7b~.i ~cJr~hdiaww
CITY OF MERIDIA
PUB~C MEETING SIGN- HEET
ANNERATION AND ZONING WITH A CONDITIONAL USE PERMIT
835 E. FAIRVIEW AVENUE
MERIDIAN. IDA8O
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on May 14, 1996, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Ball, 33 East Idaho
Street, Meridian, Idaho, and the Planning and Zoning Commission
having heard and taken oral and written .testimony and the.
Applicant's representative, Bob Daugherty, appearing in person, and
having duly considered the matter, the Planning and Zoning
Commission makes the following:
FINDINGS OF FACT
1. That notice of public hearing on the annexation and
zoning was published for two (2) consecutive weeks prior to the
said public hearing scheduled for May 14, 1996, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at May 14, 1996, 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 included in the application for
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
JOHNSON-ROUBA PA(;E - 1
~.,~ • •
annexation and zoning is described in the application, and by this
reference is incorporated herein; that the property is
approximately 3.87 acres in size.
3. That the property is presently zoned by the county as R-T
(Rural Transition); that the. Applicant requests that the property
be zoned General Retail and Service Commercial (C-G), and has
requested a conditional use permit to allow the construction of a
commercial facility with two (2) initial retail sales tenants; that
one (1) tenant would be Extreme Sports, a Jet Ski Retailer, the
other would be Treasure Valley Auto Parts, an auto parts retailer,
both would be providing sales and service; that there will be an
expresso/lunch shop; that these proposed retailers would be located
in the first building, which would front on Fairview Avenue and be
of concrete block construction.
4. That currently the property has a single family house
with various out-buildings, a large asphalt parking area and the
balance of the property is pasture; that the Applicant proposes
removing the house and out-buildings.
5. That upon completion, and as demand requires, the
Applicant proposes the construction of two (2) additional "R & M
Steel Buildings"; that these two constructed buildings will be
towards the rear of the property; that the anticipated tenants will
be geared towards the auto service industry, such as, an auto
detailing shop, muffler/welding shop, and recreational vehicle
repair shop.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
JONNSON-ROUBA PADS - 2
6. The general area surrounding the property is used
primarily for commercial purposes; that the property to the north
is being developed by AVEST PLAZA for the Fred Meyer shopping
center; that this property is situated between Meridian Auto Sales
and Roundtree Chevrolet, which are zoned commercial.
7. That the property is adjacent and abutting to the present
City limits; that the property surrounding this lot is in Meridian.
8. That the property included ,in the annexation and zoning
application is within the Area of Impact of the City of Meridian;
that the parcel of ground requested to be annexed is presently
included within the Meridian Urban Service Planning Area (U.S.P.A.)
as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
9. That Lamont and Lynn Rouba, of Meridian, Idaho, are the
owners of the property and have requested this annexation and
zoning and conditional use and the application is not at the
request of the City of Meridian.
10. That the property could be physically serviced with City
water and sewer.
11. Applicant's representative, Bob Daugherty, testified that
this application is for a proposed commercial development which
would be primarily geared towards the automotive and recreational
industries; that the initial site plan reflected an entry on the
west side of the property; that after conversations with the Ada
County Highway District (ACRD), they suggested moving the entry to
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
JO$NSON-ROUBA PAGE - 3
the east side of the property which would be next to the Roundtree
Chevrolet dealership; that the new site plan indicates, as did the
old site plan, that on the west aide of the property it is bordered
by Meridian Auto Sales and on the east side of the property is
Roundtree Chevrolet; that directly to the south of the land is
vacant property; that on the southeast aide of the land is Danbury
Subdivision; that on the southwest corner of the property is the
Five Mile Creek Drainage; that the initial building in the front
would be a block building and the rear buildings would be
constructed of R and M Steel; that the belief is that this facility
will fit in this area; that the five foot sidewalk, mentioned in
staff's comments to connect to the sidewalk on Fairview Avenue, is
addressed in the Ada County Highway District's impact fees; that
the 35 foot setback along the main corridor of Fairview Avenue is
anticipated to be bermed and landscaped.
Mr. Daugherty added that there are two wells currently on the
property; that the Applicant expects to abandon one and anticipates
using the other for the pressurized irrigation system; that the R
and M Steel buildings will be constructed and divided up with
partitions according to demand, separating them for individual
uses.
12. Commissioner Hepper commented that Roundtree does not
have any service doors facing south towards Danbury Fair
Subdivision and that he is concerned about what is marked as N, O,
P and Q, where the service doors on those would be in relationship
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
JOHNSON-ROUBA PAGE - 4
to the entrances to Danbury Fair Subdivision; that there should be
at least a 20 foot planting strip on the south with non-glare
lights and no outside speakers which could be obtrusive to the
residents on the other side of the fence.
13. Commissioner MacCoy commented that the Applicant consider
building mounted lights which are shielded so you don't have
lighting way out into the back end which would create a problem.
14. Diana Boyd testified regarding her concern of
contamination; that the Applicant is a little premature in trying
to get this property rezoned to commercial until the contamination
is cleaned up; that she has spent a lot of money in trying to get
Mr. Rouba to clean up the contamination; that it has not been
cleaned up on her area which is contaminated from his side of the
fence because it was a spray service; that benzine and chloradine
are on her side of the fence which has not been cleaned up; that
the Applicant has a beautifullj/laid out plan but she doesn't think
it is going to look like the plot looks.
15. Bob Daugherty added that the concerns over contamination
are legitimate concerns; the Department of Environmental Quality
(DEQ) that was investigating the area and the property; that he is
certainly willing to have this annexation and zoning and
conditional use permit contingent on having a clean bill of health
from the State of Idaho Department of Environmental Quality. In
addition, he has elected not to even try to put in an auto body
shop and would have no~ problems with required conditional use for
FINDIN(i3 OF FACT AND CONCLUSIONS OF LAW -
JOSNSON-ROUBA PAGE - 5
all uses.
16. Eleanor and Rod Johnson testified that they own the
property on which Roundtree Chevrolet sits, which L. B. Industries
is leasing, and the property to the east of Mr. Rouba's property
which is one full acre to the back along the canal bank; that the
fence line has been moved; that they don't want access across their
property. 17. That the Meridian Police Department, Fire
Department, Assistant to the Meridian City Engineer, Ada County
Highway District, Meridian Planning Director, Central District
Health Department, and the Nampa & Meridian Irrigation District
submitted comments; that those comments are incorporated herein by
this reference as if set forth in full.
18. That Bruce Freckleton, the Assistant to the City
Engineer, submitted the following comments:
1. That a legal description submitted appears to
describe the subject parcel, however there appears to be
an error in the closure.
2. That the site will be contiguous to several parcels
already within the Corporate City Limit and that the land
surveyor preparing the legal description for Annexation
should contact the Public Works Department to discuss the
legal description.
3. That any existing irrigation/drainage ditches
crossing the property shall be tiled.
4. That any existing domestic wells and/or septic
systems within this project will have to be removed from
their domestic service per City Ordinance, but wells may
be used for non-domestic purposes such as landscape
irrigation.
5. That water service is contingent upon positive
results from a hydraulic analysis.
FINDINOS OF FACT AND CONCLUSIONS OF LAIi -
JOHNSON-ROUBA PAOE - 6
6. That a drainage plan designed by an architect or an
engineer shall be submitted for all off-street parking
areas.
7. That outside lighting shall be designed and placed
so as to not direct illumination on any nearby
residences.
8. That all signage shall be in accordance with
Meridian City Ordinances
9. That off-street parking, paving and stripping, shall
all be provided in accordance with City Ordinances and
that the paving and striping shall be in accordance with
the Americans with Disabilities Act.
10. That water service to this development shall be from
an extension of the existing 8 inch diameter main
installed along the southerly side of Fairview Avenue;
that all water mains shall be installed at subdivider's
expense; that location of fire hydrant, water main sizes
and locations shall be coordinated with the City. of
Meridian's Water Works Superintendent; that Development
plans shall be reviewed and approved through the Public
Works Department.
11. That sewer service to this development shall be from
an existing main that is in place along the west side of
the site; that all sewer mains shall be installed at
subdivider's expense and coordinate sewer main sizes and
locations with the Public Works Department; that
Development plans shall be reviewed and approved through
the Public Works Department.
12. That the treatment capacity of the City of
Meridian's Wastewater Treatment Plant is currently being
evaluated; that approval of this application needs to be
contingent upon the City's ability to accept the
additional sanitary sewage generated by this proposed
development.
13. Indicate any existing FEMA Floodplain Boundaries on
the Site Plan Map, and/or any plans to reduce said
boundaries.
14. That the Applicant shall develop pressurized
irrigation system plans for the subject site due to the
area to receive irrigation.
19. That the Planning and Zoning Administrator, Shari Stiles,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
JOHNSON-ROUBA PAGE - 7
submitted comments and they are incorporated herein as if set forth
in full, as follows:
1. That this request for Annexation and Zoning of C-G
with a Condition Use Permit is consistent with the
Meridian Comprehensive Plan and is located in a Mixed-
Planned Use Development area as shown on the Generalized
Land Use Plan.
2. Ada County Highway District policy requires that
access from Fairview to this development be located on
the east side and that cross access agreements be entered
into for the properties east and west of this parcel;
that the site plan may be able to be flopped to
accommodate this requirement.
3. Provide fire access and hydrant locations in
accordance with the Uniform Fire Code and Meridian Fire
Department policies.
4. Fifty-four (54) three-inch (3") caliper trees are
required for this development, but may not be located
over the existing sewer line or over other utilities as
depicted; Applicant shall revise landscaping to relocate
trees.
5. Provide a copy of the executed license agreement
with Nampa-Meridian Irrigation District to allow planting
within their easement right-of-way prior to obtaining
building permits. If trees are not allowed in this
easement, trees shown will need to be relocated.
6. Coordinate dumpster site locations with the City's
solid waste contractor, Sanitary Services, Inc., so as
not to impede fire access and all dumpstera shall be
contained in a screened enclosure.
7. Dedicate four (4) additional feet of right-of-way on
Fairview Avenue (54' from centerline). Furnish a copy of
recorded warranty deed for dedication of additional
right-of-way prior to obtaining building permits.
8. Provide a thirty-five (35') foot landscape setback
beyond required right-of-way. Applicant to provide
detailed landscape plan including berming details for
approval prior to obtaining building permits.
Sidewalk/curbing should be installed along Fairview
Avenue to provide finished appearance. ACHD has
requested that monies for the sidewalk be deposited into
FINDINfiS OF FACT AND CONCLUSIONS OF LAW -
JONNSON-KOUBA PAdB - 8
a trust.
9. Applicant to provide curbing and underground
sprinkler system for all landscaped areas.
10. Maintain twenty-foot (20') buffer strip adjacent to
Danbury Fair Subdivision as shown on plan. The R-T
property to the south may also require additional
buffering by means of fencing/landscaping.
11. Provide temporary fencing to contain debris during
construction.
12. That all paving, striping and signage of the parking
lot to be in accordance with Meridian City Ordinance and
the Americans with Disabilities Act.
13. Lighting shall not illuminate adjacent residential
properties or cause glare.
14. A development agreement/detailed conditions of
approval are required as a condition of annexation; that
all uses should be developed under the conditional use
permit process.
15. That the Applicant shall provide a revised site plan
meeting all staff and agency requirements prior to public
hearing at City Council level.
20. That the Ada County Highway District submitted comments
and they are incorporated herein as if set forth in full. That the
District submitted site specific requirements, which are as
follows:
1. That the Applicant dedicate 54 feet of right-of-way
from the centerline of Fairview Avenue abutting the
parcel (4 additional feet) by means of recordation of a
final subdivision plat or execution of a warranty deed
prior to issuance of a building permit (or other required
permits).
2. Provide a $1,275.00 deposit to the Public Rights-of-
Way Trust Fund for the cost of constructing a 5-foot wide
concrete sidewalk on Fairview Avenue abutting the parcel
(approximately 150 feet).
3. Construct a 36' wide driveway located at this site's
FINDIN(38 OF FACT AND CONCLUSIONS OF LAMP -
JONNSON-KOUBA pAa$ - 9
east property line. The driveway shall be paved a
minimum of 30 feet into the site and shall have 15 foot
radii pavement tapers.
4. That the Applicant be required to provide cross
access easements to the parcels abutting the site's east
and west (the parcel south of Meridian Auto Sales) to use
shared access points for access to Fairview Avenue, prior
to issuance of a building permit or other required
permits. The District intends to require a similar
agreement of the owners of the parcels to the east and
west if they are the subject of a future development
application.
5. Other than the access point specifically approved
with this application, direct lot or parcel access to
Fairview Avenue is prohibited.
21. That the Sewer Department submitted a comment regarding
the conditional use request and such comment is hereby incorporated
herein as if set forth in full; that a copy of the internal
plumbing plans be submitted; that review of construction plans for
pretreatment purpose will be required.
22. That the Water Department commented that the plans for
the proposed water main, fire hydrants and domestic service
locations and sizes need to be submitted to the Water Department
and reviewed.
23. That Commissioner MacCoy submitted statements regarding
this application and they are hereby incorporated herein as if set
forth in full; he commented he had no objection to this property
being rezoned to C-G in light of what is already so zoned and
constructed along Fairview Avenue; that he does object to the
property to the south being zoned C-G in light of other County R-T
located there.
FINDINOS OF FACT AND CONCLUSIONS OF LAN -
JOHNSON-ROUBA PAOE - 10
i ~
24. That the following pertinent statements are made in the
Meridian Comprehensive Plan:
A. Under ECONOMIC DEVELOPMENT, Economic Development Goal
Statement
1.3 The character, site improvements and type of new
commercial or industrial developments should be
harmonized with the natural environment and respect the
unique needs and features of each area.
1.6 It is the policy of the City of Meridian to support
shopping facilities which are effectively integrated into
new or existing residential areas, and plan for new
shopping centers as growth and development warrant.
B. Under LAND USE
5. MIXED-PLANNED USE DEVELOPMENT, Page 28
Mixed-use Area at Locust Grove Road and Fairview Avenue
Plus Area North of Fairview Avenue.
These areas are within Ada County, but nearly surrounded
by the City of Meridian. The area is characterized by
large rural lots, and a sparse development pattern. in
order to stimulate planned development in these areas,
the following policies apply:
a. 5.16U All development requests will be subject
to development review and conditional use permit
processing to ensure neighborhood compatibility.
b. 5.17U A variety of coordinated, planned and
compatible land uses are desirable for this area,
including low-to-high density residential, office,
light industrial and commercial land uses.
c. S.18U Existing residential properties will be
protected from incompatible land use development in
this area. Screening and buffers will be
incorporated into all development requests in this
area.
C. Under COMMUNITY DESIGN, at Page 71
1. Entryway Corridors
2. Fairview Avenue (East entrance).
FINDZNOS OF FACT AND CONCLUSI06S OF LAW -
JOHNSON-ROUBA PAGE - 11
3. Entrance Corridors Goal Statement - Promote,
encourage, develop and maintain aesthetically
pleasing approaches to the City of Meridian.
3. Policies, Page 71
a. 4.3U Use the Comprehensive Plan, subdivision
regulations, and zoning to discourage strip
development and encourage clustered, landscaped
business development on entrance corridors.
b. 4.4U Encourage 35-foot landscaped setbacks for new
development on entrance corridors. The City shall
require, as a condition of development approval,
landscaping along all entrance corridors.
4. Neighborhood Identify Goal Policies, Page 72
a. 6.4U Limit the conversion of predominantly
residential neighborhoods to nonresidential uses,
and require effective buffers and mitigation
measures through conditional use permits when
appropriate nonresidential uses are proposed.
25. That the property is included within an area designated
on the Generalized Land Use Map in the Meridian Comprehensive Plan
as a commercial area; that the commercial area is in an area that
is listed as a Mixed/Planed Use Development area.
26. That the requested 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.
FINDIN(i8 OF FACT AND CONCLUSIONS OF LAW -
JOHNSON-ROUBA PAGE - 12
27. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B,
Commercial, lists commercial uses allowed in the various zoning
districts of the City; that individual department stores, retail
stores, restaurants, and wholesale facilities, are allowed uses in
the C-G district; that planned commercial developments, are an
allowed use in the C-G district.
28. That Planned Development is defined in 11-2-403 B, at
page 20 of the Zoning Ordinance booklet, as follows:
"An area of land which is developed as a single entity for a
number of uses in combination with or exclusive of other
supportive uses. A PD may be entirely residential,
industrial, or commercial or a mixture of compatible uses. A
PD does not necessarily correspond to lot size, bulk, density,
lot coverage required, open space or type of residential,
commercial or industrial uses as established in any one or
more created districts or this Ordinance."
and a Planned General Development is defined as follows:
"A development not otherwise distinguished under Planned
Commercial, Industrial, Residential Developments, or in which
the proposed use of interior and exterior spaces requires
unusual design flexibility to achieve a completely logical and
complimentary conjunction of uses and functions. This PD
classification applies to essential public services, public or
private recreation facilities, institutional uses, community
facilities or a PD which includes a mix of residential,
commercial or industrial uses."
29. That in 1992 the Idaho State Legislature passed
amendments to the Local Planning Act, which in 67-6513 Idaho Code,
relating to subdivision ordinances, states as follows:
"Each such ordinance may provide for mitigation of the effects
of subdivision development on the ability of political
subdivisions of the state, including school districts, to
deliver services without compromising quality of service
delivery to current residents or imposing substantial
additional costs upon current residents to accommodate the
subdivision.";
FINDINOS OF FACT AND CONCLUSIONS OF LAW -
JOBNSON-ROUBA PAtiE - 13
that the City of Meridian is concerned with the increase in
population that is occurring and with its impact on the City being
able to provide fire, police, emergency health care, water, sewer,
parks and recreation services to its current residents and to those
moving into the City; the City is also concerned that the increase
in population is burdening the schools of the Meridian School
District which provides school service to current and future
residents of the City; that the City knows that the increase in
population, and the housing for that population, does not
sufficiently increase the tax base to offset the cost of providing
fire, police, emergency health care, water, sewer, parks and
recreation services; and the City knows that the increase in
population does not provide sufficient tax base to provide for
school services to current and future students.
30. That pursuant to the instruction, guidance, and direction
of the Idaho State Legislature, the City may impose either a
development fee or a transfer fee on residential property, which,
if possible, would be retroactive and apply to all lots in the
City, because of the imperilment to the health, welfare, and safety
of the citizens of the City of Meridian.
31. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
the pedestrian easement shall be at least ten feet (10')
wide."
32. That Section 11-9-605 G 1. states as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAN -
JOHNSON-ROUBA PAGE - 14
"Planting strips shall be required to be placed next to
incompatible features such as highways, railroads, commercial
or industrial uses to screen the view from residential
properties. Such screening shall be a minimum of twenty feet
(20') wide, and shall not be a part of the normal street right
of way or utility easement."
33. That Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivision;"
34. That Section 11-9-605 L states as follows:
"Bicycle and pedestrian pathways shall be encouraged within
new developments as part of the public right of way or as
separate easements so that an alternate transportation system
(which is distinct and separate from the automobile) can be
provided throughout the City Urban Service Planning Area. The
Commission and Council shall consider the Bicycle-Pedestrian
Design Manual for Ada County (as prepared by Ada County
Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments."
35. As stated above in Paragraph 3, the Applicant submitted
an application for a conditional use to allow commercial retail
sales businesses catering to recreational and auto industries; that
such material on the conditional use permit is incorporated herein
by this reference as if set forth in full; that the Applicant did
not specifically address the conditional use for the
wholesale/retail business at the public hearing; that as found
above, the Planning Director stated that the Applicant needs to
provide a minimum landscape setback of 35 foot from the required
ACHD right-of-way; that all outdoor storage of equipment and
materials shall be screened from view from any existing adjoining
residence or residentially zoned area and not located in any front
FINDINGS OF FACT AND CONCLUSIONS OF LAti -
JOHNSON-ROUBA PAGE - 15
yard setback area; that the display area shall be uncluttered; that
all off-street parking areas and all ditches be tiled per City
Ordinance; that the lighting shall not cause glare or adverse
impact to residential properties or traffic on Fairview Avenue;
that a development agreement shall be required as a condition of
annexation; that a Certificate of Occupancy is required prior to
opening for business and that the location of the handicapped
parking stall be adjacent to the building.
36. That there are commercial uses on both aides of Fairview,
including a used car lot, a retail paint store, a fitness center on
the north side of Fairview, and restaurants on the north side of
Fairview; also on the north side of Fairview Avenue there is a
carwash and an emergency medical office; that farther east on
Fairview Avenue is an Intermountain Farmer retail store.
37. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
CONCLUSIONS
1. That all the
Planning Act and of the
been met; including the
within 300 feet of the
property.
2. That the City
pursuant to 50-222, Idah<
procedural requirements of the Local
Ordinances of the City of Meridian have
mailing of notice to owners of property
external boundaries of the Applicant's
of Meridian has authority to annex land
>Code, and Section 11-2-417 of the Revised
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
JOHNSON-ROUBA PAOS - 16
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
3. That the City Planning and Zoning Commission has judged
these annexation, zoning and conditional use applications under
Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code,
Meridian City Ordinances, Meridian Comprehensive Plan, as amended,
and the record submitted to it and things of which it can take
judicial notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
6. That the land within the proposed annexation is
contiguous to the present City limits of the City of Meridian, and
the annexation would not be a shoestring annexation.
7. That the annexation application has been initiated by the
Applicant with the consent of the property owner, and is not upon
the initiation of the City of Meridian.
8. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The Citv of Idaho Falls. 105
Idaho 65, 665 P.D 1075 (1983).
9. That the development of annexed land must meet and comply
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
JONNSON-ROUBA PAGE - 17
with the Ordinances of the City of Meridian and in particular.
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
of ditches and waterways.
10. That the Applicant's proposed use of the property is in
compliance with the Comprehensive Plan, and therefore the
annexation and zoning Application is in conformance with the
Comprehensive Plan.
11. The Applicant has stated and represented that its
intention is to have businesses related to the automobile and other
motor vehicles, which are permitted uses in the C-G district.
12. That, as a condition of annexation and zoning of C-G, the
Applicant shall be required to enter into a development agreement
as authorized by 11-2-416 L and 11-2-417 D; that the development
agreement shall address, among other things, the following:
1. Inclusion into the development of the requirements of 11-
9-605
a. C, Pedestrian Walkways.
b. G 1, Planting Strips.
c. H, Public Sites and Open Spaces.
d. K, Lineal Open Space Corridors.
e. L, Pedestrian and Bike Path Ways.
f. M, Pressurized Irrigation
2. The concerns of the owners of property along Fairview
Avenue, stated in prior public hearings, were of having
lights, particularly automobile headlights, shine into
their y ards and homes.
3. Payment by the Applicant, or if required, any assigns,
heirs, executors or personal representatives, of any
impact, development, or transfer fee, adopted by the
City.
4. Address ing the access linkage, screening, buffering,
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
JOHNSON-ROUBA PAGE - 18
transitional land uses, traffic study and recreation
services .
5. An impact fee to help acquire a future school or park
sites to serve the area.
6. An impact fee, dr fees, for park, police, and fire
services as determined by the City.
7. Appropriate berming and landscaping.
8. Submission and approval of any required plats.
9. Harmonizing and integrating the site improvements with
any existing residential development.
10. Establishing the 35 foot landscaped setback as mentioned
in the Planning Directors comments and in the
Comprehensive Plan and landscaping the same.
11. Addressing the other comments of the Planning Director,
Shari Stiles.
12. The sewer and water requirements.
13. Traffic plans and access into and out of the development.
14. And any other items deemed necessary by the City Staff,
including design review of all development, and
conditional use processing as required under the Meridian
Comprehensive Plan.
13. That Section 11-2-417 D of the Meridian Zoning Ordinance
states in part as follows:
"if property ie annexed and zoned, the City may require or
permit, as a condition of the zoning, that an owner or
developer make a written commitment concerning the use or
development of the subject property. If a commitment is
required or permitted, it shall be recorded in the office of
the Ada County Recorder and shall take effect upon the
adoption of the ordinance annexing and zoning the property, or
prior if agreed to by the owner of the parcel. .";
that since the enactment of the above section, the City has found
that it is difficult for the City and the Applicant to enter into
a development agreement prior to annexation; that it is therefore
FINDINOS OF FACT AND CONCLUSIONS OF LAW -
JOHNSON-ROUBA PAGE - 19
concluded that a development agreement shall be entered into,
dealing with the matters set forth in the preceding section prior
to issuance of a building permit.
14. That it is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian.
15. That it is concluded that 11-2-418 C of the Revised and
Compiled Ordinances of the City of Meridian sets forth the
standards under which the-i>~ty-6~ei~- sfiall review applications
for Conditional Use Permits; that upon a review of those
requirements and a review f the facts presented and the conditions
/Qhn/h^~i7~-q ~orrr+sEdrio,~
of the area, the-6~- c ncludes as follows:
a. The use, would in fact, not constitute a conditional use
as under the Meridian Zoning Ordinance planned commercial
development, retail stores, and wholesale facilities, are
permitted uses in the C-G district, but since the
Comprehensive Plan states that all development requests
in the Mixed Use Areas around Fairview Avenue and Locust
Grove Road will be subject to development review and
conditional use permit processing to ensure neighborhood
compatibility, the conditional use application is deemed
to be appropriate, as is the granting of such conditional
use.
b. The use should be harmonious with and in accordance with
the Comprehensive Plan, if the requirements in these
Findings of Fact and Conclusions of Law are met, but the
Comprehensive Plan requires a conditional use permit to
allow the use.
c. The use apparently would be designed and constructed, to
be harmonious in appearance with the intended character
of the general vicinity as long as development is
undertaken to meet the representations of the Applicant
in the Application and as stated at the public hearing
and those that may be required by the City under design
review.
d. That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses as long
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
JOHNSON-ROUBA PAGS - 20
as development is undertaken to meet the representations
of the Applicant and those that may be required by the
City under design review.
e. The property will have sewer and water service available,
but the Applicant will have to extend the lines to serve
all parts of his property.
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 and the parking ordinance shall be
met including the preparation of a parking plan and
landscaping plan.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
16. It is concluded that the conditional use permit should be
granted, but as a condition of the conditional use permit a
development agreement shall be entered into regarding the
development of the retail uses and such is hereby made a condition
of the granting of the conditional use permit.
17. That the requirements of the Meridian Police and Fire
Departments, Meridian City Engineer's office, Ada County Highway
District, Meridian Planning Director, Central District Health
Department, and the Nampa & Meridian Irrigation District, shall be
met and addressed in a development agreement.
18. That it is concluded that the location and layout of the
proposed use on the property could pose problems with regard to
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
JOHNSON-ROUBA PAGE - 21
noise, glare, fumes or odors for the adjacent residential
properties to the south; that it is concluded that it is one of the
purposes of the Zoning Ordinance to protect residential,
commercial, industrial and civic areas from the intrusion of
incompatible uses and to provide opportunities for establishments
to concentrate for efficient operation in mutually beneficial
relationships to each other and to shared services (11-2-401 5.),
but it is also the purpose of the Zoning Ordinance to encourage the
proper distribution and compatible integration of neighborhood
commercial uses into all residential areas of the City (11-2-401
11.).
19. That it is concluded that to make the proposed use
harmonious and compatible to neighboring residential uses to the
south the following requirements must be met, and continuously met;
and these conditions should be reviewed by the City Council,
amended, added to, changed or deleted as the City Council deems
appropriate:
a. That the Applicant shall provide a barrier along the
property's boundaries as directed by the Planning and Zoning
Administ or.
b. That the buildings shall be subject to design review and
all bulans shall be submitted to the Planning and
Zoning for approval before they are submitted to the
Building Inspector.
c. That any and all lighting shall be directed away from
adjacent residential or commercial uses and shall be
constructed such that it does not glare, or shine, on any
surrounding property, unless the owner of the adjacent
property signs a written consent to have it shine on the
propert w ich consent must be submitted to the Planning and
Zoning rector
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
JONNSON-KOUBA PAGB - 22
d. That the use of any external loudspeakers shall be
limited to business hours, 7:30 a. m. to 8:00 p. m., only on
Monday through Friday, and shall be limited to 60 decibels;
that all of the buildings shall be constructed to be as
soundproof as reasonably possible.
e. That there shall be no wrecked, demolished, or junk cars
kept or stored on the property, unless they are totally
screened from view.
f. That there shall be no offensive fumes, smoke or odor
emitted from the property; that .normal motor vehicle exhaust
from passenger or pickup trucks shall not be deemed to be
offensive; that all hazardous wastes shall be properly
disposed of and shall not be maintained on the property.
g. That all construction, including remodeling, fence
construction, and plantings shall be subject to Design Review
by the City of Meridian.
20. That the conditions stated herein, or as ultimately set
by the City Council, shall be agreed to by the Applicant, in
writing; that if they are not so agreed to the Application should
be denied.
21. That all ditches, canals, and waterways shall be tiled as
a condition of annexation and if not so tiled, the property shall
be subject to de-annexation.
22. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land.
23. That proper and adequate access to the property is
available and will have to be maintained, with appropriate
buffering to residential properties or traffic on Fairview Avenue.
24. That these conditions shall run with the land and bind
the Applicant and his assigns.
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
JONNSON-ROUBA PAGfi - 23
25. With compliance of the conditions contained herein, the
annexation and zoning of General Retail and Service Commercial (C-
G), and the issuance of a conditional use permit would be in the
best interest of the City of Meridian.
26. That if these conditions of approval are not met,. the
property shall not be annexed and the conditional uae permit shall
not be granted.
VOTED
APPROVAL OF FINDINGS OF FACT ARD
The Meridian City Planning and Zoning Commission hereby adopts
and approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER OSLUND
COMMISSIONER SHEARER
COMMISSIONER MacCOY
COMMISSIONER JOHNSON (TIE BREAKER)
VOTED _ /
VOTED ',','/.{~/VO
VOTED ~~',,,yyy~~~_,, G.1f' ~~
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAIi -
JOHNSON-KOUBA PAGE - 24
The Planning and Zoning Commission of the City of Meridian
recommends to the City Council that the property set forth in the
application be approved for annexation, zoning and the issuance of
a conditional use permit, under the conditions set forth in the
Conclusions of Law.
MOTION: C
APPROVED: ~~~t+/_ DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW -
JOSNSON-KOUBA PAGE - 25
JAMES & DONNA HASKIN
,;~ti~
AND MAYME ELLEN GREEN
APPLICATION FOR ANNERATION AND ZONING
NORTRWEST CORNER OF EAOLS ROAD AND FRANKLIN ROAD
MERIDIAN. IDAHO
FINDIN(~8 OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on May 14, 1996, 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 Commission having heard and taken
oral and written testimony and the Applicant appearing through its
representative, Dale Ownby, and having duly considered the matter,
the Planning and Zoning Commission makes the following:
FINDINCiB OF FACT
1. That notice of public hearing on the annexation and
zoning was published for two (2) consecutive weeks prior to the
said public hearing scheduled for May 14, 1996, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the May 14, 1996, 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 included in the application for
FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 1
`J~
BEFORE THB MERIDIAN PLANNING AND ZONIRO COMMISSION
~~
annexation and zoning is described in the application, and by this
reference is incorporated herein.
3. That the property is presently zoned by Ada County as R-T
and is used presently for three (3) single family residences, one
(1) older barn and pasture; that the Applicant requests that the
property be zoned C-G, General Retail and Service Commercial; that
no specific use for the property was presented.
4. That the property is approximately one quarter mile north
of the new Meridian St. Lukes Hospital; that to the east across
Eagle Road is vacant land, which is zoned light industrial; that to
the north is the Olson & Bush Industrial Park; that immediately
north of the subject property, approximately five plus (5+) acres
is projected to be light industrial.
5. That James A. and Donna L. Haskin are one of the
Applicants and they own the land described at 3140 E. Franklin
Road; that Mayme Ellen Green is also an Applicant and she owns that
portion of the property located at 3070 E. Franklin Road; and both
Applicants have consented to the application and have requested
this annexation and zoning and the application is not at the
request of the City of Meridian.
6. That the Assistant to the City Engineer, Bruce
Freckleton, Shari Stiles, Planning & Zoning Administrator, Meridian
City Police and Fire Departments, Central District Health
Department, Nampa & Meridian Irrigation District, and draft
comments from Ada County Highway District were submitted; that
those comments are submitted herein by this reference and are
FINDINGS AND CONCLUSIONS - HASRIN/GREEN-C-G Page 2
hereby incorporated herein as if set forth in full.
7. That Bruce Freckleton, Assistant to the City Engineer,
submitted comments; that the legal description submitted with the
application appears to meet the requirements for annexation per
Meridian City Resolution No. 158; that any existing
irrigation/drainage ditches crossing the property to be included in
this project shall be tiled per City Ordinance 11-9-605 M; that any
existing domestic wells and/or septic systems with this project
shall be removed from their domestic service per City Ordinance,
except that wells may be used for non-domestic purposes such as
landscape irrigation; that the City of Meridian owns and maintains
a 12 inch diameter water main which is along the east side of Eagle
Road and water service will have to be extended into (and through)
the parcel; that sewer service to this site shall be from a main
that is currently being designed by Pacific Land Surveyor as part
of the "Ronald W. Van Auker, inc. - Sewer Project", and that sewer
service will have to be extended into (and through) the parcel.
8. That Planning and Zoninq Director, Shari Stiles submitted
comments, which are as follows:
1. That this annexation and zoning request is being
made to help correct the problem of an illegal lot split
that was made in Ada County; that the westernmost parcel
was split off from the parcel that lies below the ridge
which is adjacent to Olson & Buah Industrial Park;
2. That an easement has been granted from Franklin Road
to access the lower property, so no direct .access is
allowed from Eagle Road; that the site is shown on the
generalized Land Uae Map of the Meridian Comprehensive
Plan as Commercial and Industrial; that this access may
eventually be tied to the stub street being provided in
Phase 2 of the Olson & Bush Industrial Park.
FINDINGS AND CONCLUSIONS - BASKIN/GREEN-C-G Page 3
3. That the intersection of Eagle Road/Franklin is
destined to be developed as an urban interchange with
grade-separated approaches; that access on Franklin Road
will be limited to one access a minimum of 660 feet west
of the intersection; that 100 feet from centerline
required on both Eagle and Franklin Roads will take up
the majority of the easternmost lot.
4. That all ditches are to be tiled in accordance with
Meridian City Ordinance unless a variance is granted.
5. That landscape setbacks are required on Eagle and
Franklin Roads; that thirty-five feet (35') would be
excessive due to the available property; however, a
minimum of twenty feet (20') should be provided.
6. That there be the dedication of additional right-of-
way on Eagle Road and Franklin Road prior to obtaining
building permits/certificates of occupancy and that a
copy of the recorded Warranty Deed be furnished for
dedication of additional right-of-way prior to obtaining
building permits.
7. That no commercial use will be allowed unless
developed as a planned development under the conditional
use permit process and that use shall remain residential
until a conditional use permit has been submitted and
approved.
8. That the Applicant is required to enter into a
development agreement with the City as a condition of
annexation.
9. That the Ada County Highway District (ACHD) submitted
draft site specific comments and such are incorporated herein as if
set forth in full as follows:
1. Dedicate 100-feet of right-of-way from the ultimate
street centerline of Franklin Road abutting the parcel
(60 additional feet) by means of recordation of a final
subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required
permits), whichever occurs first; that the owner will be
compensated for this additional right-of-way from
available impact fee revenues in this benefit zone.
2. That the requirements of the Idaho Transportation
Department (ITD) for State Highway 55 (Eagle Road)
frontage, shall be complied with.
FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 4
3. Provide a $6,766.00 deposit to the public Rights-of-
Way Trust Fund for the cost of constructing a 5-foot wide
concrete sidewalk on Franklin Road abutting the parcel
(approximately 796 feet) prior to issuance of any
required permits or District approval of a final plat,
whichever occurs first.
4. That existing driveways shall be eliminated prior to
construction of the urban interchange. No new driveways
on Franklin Road within 660 feet of Eagle Road shall be
permitted with this application.
5. Provide a recorded cross access easement between all
the parcels within the annexation area and to the parcels
to the north and west prior to District approval of a
final plat, issuance of a building permit or other
required permits. The District intends to require a
similar agreement of the owners of the parcels to the
north and west if they are the subject of a future
development application.
6. Restrictions on the width, number and locations of
driveways, as required by District policy, shall be
placed on future development of this parcel.
10. The Meridian Police and Fire Department Departments,
Central District Realth Department, and Nampa Meridian Irrigation
District submitted comments; that all such comments are
incorporated herein as if set forth in full.
11. That Commissioner MacCoy submitted a statement regarding
this application and it is hereby incorporated herein as if set
forth in full; he commented that since the area in which this
property is located is already marked for Light Industrial Zoning,
he has no objection or comments concerning the General Retail and
Service Commercial Zoning (C-G), at this time.
12. Dale Ownby, Applicant's representative, testified that
this property is located at the northwest corner of Eagle and
Franklin Road, which is at an entry way corridor; that this is a
FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 5
•
proposed Planned Unit Development, which the Comprehensive Plan
indicates as commercial and industrial; that Applicant agrees with
the staff comments and some clarification.
13. That there was no other testimony given.
14. That Ronald Van Auker, Inc. submitted a letter in support
of this Application, provided that the Applicant is required to
hook up to the sewer and participate in the costs of extending the
sewer through either an initial pro-rata contribution to the cost
or through the payment of late-comer's fees.
15. That the parcel of ground requested to be annexed is
presently included within the Meridian Urban Service Planning Area
(U.S.P.A.) as the Urban Service Planning Area is defined in the
Meridian Comprehensive Plan and in the Meridian Area of Impact.
16. That the property can be physically serviced with City
water and sewer.
17. That the following pertinent statements are made in the
Meridian Comprehensive Plan:
A. Under ECONOMIC DEVELOPMENT, Economic Development Goal
Statement.
Policies, Page 19
1.1 The City of Meridian shall make every effort to
create a positive atmosphere which encourages
industrial and commercial enterprises to locate in
Meridian.
1.2 it is the policy of the City of Meridian to set
aside areas where commercial and industrial
interests and activities are to dominate.
1.3 The character, site improvements and type of new
commercial or industrial developments should be
harmonized with the natural environment and respect
FINDINGS AND CONCLUSIONS - HASRIN/GREEN-C-G Page 6
the unique needs and features of each area.
1.5 Strip industrial and commercial uses are not in
compliance with the Comprehensive Plan.
1.6 It is the policy of the City of Meridian to support
shopping facilities which are effectively
integrated into new or existing residential areas,
and plan for new shopping centers as growth and
development warrant.
1.8 The City of Meridian intends to establish a Design
Review Ordinance which will foster compatible land
use and design within the development, and with
contiguous developments; and encourage innovations
in building techniques, so that the growing demands
of the community are met, while at the same time
providing for the efficient use of such lands.
B. Under LAND USE, Mixed-Use Areas Adjacent to i-84,
Overland Road and Franklin Road, Page 28.
5.6 The development of a variety of compatible land
uses should be provided in specific plans and
proposals for future development.
5.8 Development in these areas should be based on
functional plans and proposals in order to ensure
that the proposed uses conform to the Comprehensive
Plan policies and are compatible with the
surrounding neighborhoods.
5.9 The integrity and identity of any adjoining
residential neighborhood should be preserved
through the use of buffering techniques, including
screen plantings, open space and other landscaping
techniques.
5.10 Development should be conducted under Planned Unit
Development procedures and as conditional uses,
especially when two or more differing uses are
proposed.
5.11 The character, site improvements, and type of
development should be harmonized with previously-
developed land in the area, and where located
adjacent to or near any existing residence or
residential area, shall be harmonized with
residential uses, and all reasonable efforts shall
be made to reduce the environmental impact on
FINDINGS AND CONCLUSIONS - HASRIN/GREEN-C-G Page 7
C~
residential areas, including noise and traffic
reduction.
5.12 Strip development within this mixed-use area is not
in compliance with the goals and policies of the
Comprehensive Plan.
5.13 Clustering of uses and controlled access points
along arterials and collector streets will be
required.
5.14U Because these areas are near I-84, Franklin and
Overland Roads, high-quality visual appearance is
essential. All development proposals in this area
will be subject to development review guidelines
and conditional use permitting procedures.
5.15U The mixed-use area in the vicinity of the
Overland Road/Franklin Road/ Eagle Road/I-84
interchange is a priority development area.
C. Under TRANSPORTATION, Page 43 and 72
a. Franklin Road east of Meridian Road and Eagle Road
north of Overland Road are listed as Principal
Arterials and as Entryway Corridors.
D. Under COMMUNITY DESIGN, Policies, at Page 73
1. Entrance Corridors Goal Statement - Promote,
encourage, develop and maintain aesthetically
pleasing approaches to the City of Meridian.
2. Policies,
a. 4.4U Encourage 35-foot landscaped setbacks for new
development on entrance corridors. The City shall
require, as a condition of development approval,
landscaping along all entrance corridors.
18. That the property is included within an area designated
on the Generalized Land Use Map in the Meridian Comprehensive
Plan as a Mixed/Planed Use Development area.
FINDINGS AND CONCLUSIONS - BASKIN/GREEN-C-G Page 8
19. That the requested zoning of General Retail and Service
Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-
408 B. 11. as follows:
(C-G1 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.
20. That Planned Development is defined in 11-2-403 B, at
page 20 of the Zoning Ordinance booklet, as follows:
"An area of land which is developed as a single entity for a
number of uses in combination with or exclusive of other
supportive uses. A PD may be entirely residential,
industrial, or commercial or a mixture of compatible uses. A
PD does not necessarily correspond to lot size, bulk, density,
lot coverage required, open space or type of residential,
commercial or industrial uses as established in any one or
more created districts or this Ordinance."
and a Planned General Development is defined as follows:
"A development not otherwise distinguished under Planned
Commercial, Industrial, Residential Developments, or in which
the proposed use of interior and exterior spaces requires
unusual design flexibility to achieve a completely logical and
complimentary conjunction of uses and functions. This PD
classification applies to essential public services, public or
private recreation facilities, institutional uses, community
facilities or a PD which includes a mix of residential,
commercial or industrial uses."
FINDINGS AND CONCLUSIONS - HASRIN/GREEN-C-G Page 9
21. That under 11-2-409, ZONING SCHEDULE OF USE CONTROL, B
Commercial, Planned Commercial Development, is a permitted use in
the C-G district and Planned Unit Development - General, is an
allowed conditional use in the C-G district.
22. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were 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 annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
3. That the Planning and Zoning commission has judged these
annexation, zoning and conditional use applications under Idaho
Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian
City Ordinances, Meridian Comprehensive Plan, as amended, and the
record submitted to it and things of which it can take judicial
FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 10
notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
6. That the land within the proposed annexation is
contiguous to the present City limits of the City of Meridian, and
the annexation would not be a shoestring annexation.
7. That the annexation application has been initiated by the
Applicant, and is not upon the initiation of the City of Meridian.
8. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The City of Idaho Falls, 105
Idaho 65, 665 P.D 1075 (1983).
9. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
of ditches and waterways and 11-9-606 14., which requires
pressurized irrigation.
10. That the Applicants stated no proposed use of the
FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 11
property and therefore it cannot be determined if the use would be
in compliance with the Comprehensive Plan, however any uses would
have to comply with the Zoning Ordinance.
11. That the City adopted the Comprehensive Plan at its
meeting on January 4, 1994, and has not amended the Zoning
Ordinance to reflect the changes made in the Comprehensive Plan;
thus, uses may be called for or allowed in the Comprehensive Plan
but the Zoning Ordinance may not address provisions for the use; it
is concluded that upon annexation, as conditions of annexation, the
City may impose restrictions that are not otherwise contained in
the current Zoning and Subdivision and Development Ordinances.
12. The Applicants, as stated above, have not stated or
represented its intention as to development, which is of concern to
the Commission; it is therefore concluded, as a condition of
annexation and zoning, that any use or development of the property
shall only be allowed as conditional uses.
13. That it is concluded that the City could annex the
property and zone it C-G, but once the property was zoned C-G, the
Applicant could place ufany different uses on the property without
additional approval from the City other than building permits,
which limits the control that the City should have over the
development and the uses of the property due to the mandates of the
Comprehensive Plan.
FINDINGS AND CONCLUSIONS - HASRIN/GREEN-C-G Page 12
14. That it is concluded that since the Comprehensive Plan,
under LAND USE, Page 28, Mixed-Use Area at Eagle Road and Franklin
Road, in 5.10, states that all development should be conducted
under Planned Unit Development procedures and as conditional uses
and since the City should have control over any uses that are to be
placed on the land, it is therefore concluded that development of
the parcel of land is conditioned on being developed as a
Commercial or General Planned Development, which is allowed in the
General Retail and Service Commercial (C-G) district, or under the
conditional use permit process.
15. Therefore, it is concluded that the property should be
annexed and zoned General Retail and Service Commercial (C-G), but
only capable of being developed as a planned commercial development
or under the conditional use permit process.
16. That, as a condition of annexation and the zoning of C-G,
the Applicant shall be required to enter into a development
agreement as authorized by 11-2-416 L and 11-2-417 D; that the
development agreement shall address, among other things, the
following:
1. Inclusion into the development of the requirements of 11-
9-605
a. C, Pedestrian Walkways.
b. G 1, Planting Strips.
c. H, Public Sites and Open Spaces.
d. K, Lineal Open Space Corridors.
e. L, Pedestrian and Bike Path Ways.
FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 13
2. Payment by the Applicant, or if required, any assigns,
heirs, executors or personal representatives, of any
impact, development, or transfer fee, adopted by the
City.
3. Addressing the subdivision access linkage, screening,
buffering, transitional land uses, traffic study and
recreation services.
4. An impact fee to help acquire a future school or park
sites to serve the area.
5. An impact fee, or fees, for park, police, and fire
services as determined by the city.
6. Appropriate berming and landscaping.
7. Submission and approval of any required plats.
8. Submission and approval of individual building, drainage,
lighting, parking, and other development plans under the
Planned Development guidelines, including plans for the
storage units.
9. Harmonizing and integrating the site improvements with
the existing residential development.
10. Establishing the 35 foot landscaped setback required
under the Comprehensive Plan and landscaping the same.
11. Addressing the comments of the Planning Director, Shari
Stiles.
12. The sewer and water requirements.
13. Traffic plans and access into and out of any development.
14. And any other items deemed necessary by the City Staff,
including design review of all development, and
conditional use processing as required under the Meridian
Comprehensive Plan.
17. That Section 11-2-417 D of the Meridian Zoning Ordinance
states in part as follows:
FINDINGS AND CONCLUSIONS - HASRIN/GREEN-C-G Page 14
"If property is annexed and zoned, the City may require or
permit, as a condition of the zoning, that an owner or
developer make a written commitment concerning the use or
development of the subject property. If a commitment is
required or permitted, it shall be recorded in the office of
the Ada County Recorder and shall take effect upon the
adoption of the ordinance annexing and zoning the property, or
prior if agreed to by the owner of the parcel. .";
it is concluded, however, that it is more appropriate for a
development agreement to be entered into when plane for development
are better known and therefore as a condition of annexation a
development agreement must be entered into prior to issuance of a
building permit or prior to plat approval, which ever comes first.
18. That it is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian, and it
is concluded that the annexation shall be conditioned on meeting
the requirements of these Findings of Fact, particularly paragraphs
17 and 20, and Conclusions of Law and if they are not met the land
may be de-annexed.
19. That the requirements of the Meridian City Engineer's
office, Ada County Highway District, Meridian Planning Director,
Central District Health Department, and the Nampa & Meridian
Irrigation District, shall be met and addressed in a development
agreement.
20. That all ditches, canals, and waterways shall be tiled as
a condition of annexation and if not so tiled, the property shall
FINDINGS AND CONCLUSIONS - HASICIN/GREEN-C-G Page 15
be subject to de-annexation. That pressurized irrigation shall be
installed and constructed, and if not so done the property shall be
subject to de-annexation.
21. That the Applicant will be required to connect to
Meridian water and sewer and resolve how the water and sewer mains
will serve the land; that the development of the property shall be
subject to and controlled by the Subdivision and Development
Ordinance and the development agreement, and it shall only be
developed as a commercial of general planned development or under
the conditional use process.
22. That these conditions shall run with the land and bind
the applicant and its assigns.
23. With compliance of the conditions contained herein, the
annexation and zoning of General Retail and Service Commercial (C-
G), would be in the best interest of the City of Meridian.
24. That if these conditions of approval are not met, the
property shall not be annexed, or if already annexed, it shall be
de-annexed.
APPROVAL OF AMSNDED FINDINC;B OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission of the City
Council of Meridian hereby adopts and approves these Findings of
Fact and Conclusions.
FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 16
ROLL CALL
HEPPER
OSLUND
VOTED
SHEARER
COMMISSIONER MacCOY
VOTED
VOTED
CBAIRMAN JOBNSON (TIE BREAKER) VOTED,
Gal-~
The Planning and Zoning Commission hereby recommends that the
property set forth in the application be approved by the City
Council for annexation and zoning under the conditions set forth in
these Findings of Fact and Conclusions of Law, including that the
Applicant, or assigns, enters into a development agreement prior
issuance of a building permit or final plat, which ever comes first
and that the property only be developed as a commercial or general
planned development or under the conditional use process; that if
the Applicant is not agreeable with these Findings of Fact and
Conclusions and is not agreeable with entering into a development
agreement, the property should not be annexed.
MOTION: ~.
APPROVED~/~ l/' DISAPPROVED:
G~~`'~
FINDINGS AND CONCLUSIONS - HASKIN/GREEN-C-G Page 17
~~ • •
°~J BEFORE THE MERIDIAN PLANNINti AND ZONINO COIBIISSION
~'~ ~ ~ v JERRY O. COBLSR
~~
CONDITIONAL USS PERMIT
1155 EAST CEATEAU
LOT 7, BLOCR 1 MERIDIAN PLACE SUBDIVISION NO. 1
MERIDIAN. IDARO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled conditional use permit application having
come on for consideration on May 14, 1996, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Ball, 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 his representative, Carla L. Olson, a Planning
Consultant, and having duly considered the matter, the Planning and
Zoning Commission makes the following Findings of Fact and
Conclusions of Law:
FINDINOS 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 May 14, 1996, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the May 14, 1996, 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/COBLER PAGE 1
2. That the property is located within the City of Meridian
and the Applicant is not the owner of the property; that the owners
of the property are Cecil B. and Jane A. Flemings, of Nampa, Idaho;
that the general location of the property is Lot 2 in Block 1 of
Meridian Place Subdivision No.; that the property is across from
the Chief Joseph Elementary School in Meridian; that the property
is described in the Application, which description is incorporated
herein.
3. That the property is zoned R-8 Residential; that in the
ZONING SCREDULE OF USE CONTROL, Section 11-2-409 A., Residential,
Day Care Center is listed as a conditional use in the R-8 District
and in the R-8 District requires a conditional use permit for the
operation of a Day Care Center. That the R-8, Residential District
is described in the Zoning Ordinance, 11-2-408 B. 4 as follows:
fR-81 Medium Density Residential District: The purpose
of the (R-8) Districts is to permit the establishment of
single and two (2) family dwellings at a density not
exceeding eight (8) dwelling units per acre. This
district delineates those areas where such development
has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to
permit the conversion of large homes into two (2) family
dwellings in well-established neighborhoods of comparable
land use. Connection to the Municipal Water and Sewer
systems of the City of Meridian is required.
4. That the property is a one level, single family
residence, on one lot.
5. That in the Application it is stated that the proposed
use by the Applicant is for a child care center to serve up to
twenty-five (25) children; that the location is most desirable as
it is within a neighborhood where there appears to be a need for
FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 2
quality child care; that the Chief Joseph Elementary is located
nearby, making it handy for before and after school care of
elementary students, as well as a one-stop destination for parents
delivering children to school and to the child care center, thereby
would not be a noticeable increase in traffic levels; that the size
and layout of the house lends itself nicely to operating a child
care center, which includes spacious rooms, separate areas for
playing, sleeping and eating, and with two (2) restroom facilities;
that the back yard is fenced; that there is adequate room for two
(2) parking spaces in the existing garage and two (2) parking
spaces in the existing driveway; that the Applicant proposes an
additional two (2) parking spaces to be compact-size spaces along
the west side of the existing garage and driveway, and there would
be a second fenced play yard, in the front yard, to accommodate the
different age levels playing outdoors at one time, to be added at
such time as the enrollment at the center reaches twenty children.
6. That the owners, Cecil H. and Jane A. Flemings have not
submitted a consent to this conditional use at this time; that a
consent may be submitted at a later date and will be incorporated
herein as if set forth in full.
7. That at the public hearing, the Applicant's
representative, Carla L. Olson testified that she is the planning
consultant for this proposed project; that the neighborhood is
approximately 12 to 15 years old and the residence is approximately
11 years old; that the main entrance to the Chief Joseph Elementary
School is located across from this single family dwelling at 1155
FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 3
East Chateau; that this neighborhood is largely made up of people
with young families, who could use a center within the neighborhood
for children before and after school; that this center ie proposed
for up to 25 children; that prior to submitting. this Application,
phone calls were generated to the adjacent neighbors as well as
door hangers to all properties within 300 feet informing them of
this Application and asking to meet with any of those who had any
concerns; that it is important to the Applicant that the child care
center be a good neighbor and wants to be an integral part of the
neighborhood with the neighbors support; that efforts have been
made to the school principal regarding school traffic patterns and
drop off patterns along Chateau Street in front of the school as to
whether any plane are in the works for trying to relieve the
traffic situation during school hours; that the school principal
has yet to respond to the inquiry; that on the east side of the
property is an existing solid wood fence approximately 5 to 6 feet
in height; that children allowed to play within the secured area
will be in small groups at a time with constant supervision; that
there is an existing chain link fence about 4 feet in height that
lines up with the front of the building as well as a chain link
fence south of the proposed parking space 5 (southwest corner of
house to property line); that a second play yard is proposed at the
front northeast corner secured by chain link fence, as the numbers
of children cared for increase; that four (4) parking spaces are
available to the public; that two (2) spaces in the garage would be
intended for staff with space 3 and 4 and the two (2) proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 4
compact spaces on the west side yard; that the request of the two
(2) proposed compact spaces on the west side yard with paving and
the proposed additional play yard be constructed upon reaching
enrollment of 20 children; that this home will not remain a
residence; that the Applicant has no problem with the City
comments.
8. That the Applicant, Jerry Cobler testified that the
operating hours would be from 6:30 a.m. to approximately 6:30 p.m.;
that at this point the Applicant had not envisioned the caring for
handicapped children.
9. That Helen Cobler, the realtor for this property, and who
is related to the Applicant, testified that prior residents of this
home in the last S to 10 years know of the heavy traffic in front
of this residence; that parents stop in front dropping off children
to go to the school and that these prior residents have been
tolerant of people coming and dropping off kids; that this house
faces Chateau Drive and that house to the west does not face
Chateau Drive, therefore creating a tremendous frontage that is not
infringing upon someone elses property; that a decrease in some of
the street parking where children are dropped off for school can be
made by allowing the parents of these school aged children to
arrive early to the care center dropping off the children to later
be escorted to the school grounds in time for school and thus
eliminated the milling around on the public street with arriving
busses and parents, endangering the early arriving children; that
one of the reasons for the flowers and shrubs was not for aesthetic
FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 5
view entirely, but for child safety; that putting a visual barrier
between the young children, the fence and the public street and in
keeping with the looks of the neighborhood; that too high a barrier
detracts from the residential look; that a four (4) foot fence is
very adequate for the age of children; that up until 2 years ago,
there was a chain link fence across the front yard which extended
across the drive way; that this center gives an alternative to try
and keep the kids a little bit safer going and coming from school;
to hopefully get some of the cars that are dropping off the kids,
out right in the traffic flow; that the CC&R's have not been active
for quite some time and that there are no association fees or
functions in this neighborhood; that the Applicant is not opposed
to the Commission setting a reasonable time limit to have completed
the proposed construction of the additional play area and parking
spaces; that before a year of operation is over the need will be
there for the additional play area and parking spaces and that the
Applicant could conform to the time limit of one (1) year without
having to be monitored, bringing in proof of the additional areas.
Helen Cobler added that in her opinion the property values of homes
in the area being influenced by a commercial enterprise going in
next door is that there is as much increased interest as there is
decreased interest, depending upon the area and the price of the
homes; that you don't have the same buying group and a lot depends
upon your area and that this area is a positive not a negative;
that more calls come to her with young, working families looking
for a nice piece of property in an average home priced neighborhood
FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 6
with a day care.
10. That comments and statements from the Commissioners were
as follows:
1. Commissioner MacCoy suggested the reconsideration
of upping the height of the four foot fences and
the height of the proposed shrubs along the fence
to actually give a visual break and help with the
sound qualities for the neighbors; that any care
for handicapped children modifications of the home
and code restrictions would apply.
2. Commissioner Oalund commented as to the state
standards in terms of square footage needed per
child and that the facility can't be any greater
than the dimensions given, more than 1800 square
feet.
11. Patricia Reed testified that she runs a day care and is
required to have a six (6) foot fence; that this enterprise will
hurt the neighborhood; that this isn't just a drop off the kids and
run situation and that it is not going to beautify the neighborhood
in any way; that this facility will be very obvious to all who pass
by that it is a day car center.
12. That the Ada Planning Association submitted a written
statement regarding this proposed project, and it is incorporated
herein as if set forth in full; that the Association is in support
of this proposal; stating that this proposal provides a convenience
to parents, but most importantly, reduces vehicle miles traveled on
local roadways, linking a child care facility and the Chief Joseph
Elementary School.
13. That Mr. and Mrs. Steve Bihath submitted a written
statement which is incorporated herein; that the Applicant's
diagram submitted with the Application for Conditional Use is in
FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 7
error; that the fence surrounding the home is a wooden fence, and
not chain link as portrayed in the Applicant's diagram; that their
concern is that the existing fence between this proposed project
and their property not be torn up or climbed on by the children
during the centers operating hours and that the Applicant be
required to provide a chain link fence and that it be in place
prior to operation of the child care facility.
14. That a letter of opposition was submitted by Gregg Crow,
living at 2162 Jericho Way, which is incorporated herein as if set
forth in full; that Mr. Crow lives directly east of this project;
that there is already a day care facility across the street from
his home now; that the additional noise, traffic and safety are of
concern; that the value of his property could dramatically
decrease.
15. That there was no other public testimony given at the
hearing.
16. That the Meridian Planning and Zoning Administrator,
Shari Stiles, the Assistant to the City Engineer, Bruce Freckleton,
the Meridian City Police and Fire Departments, Central District
Bealth Department, the Nampa and Meridian Irrigation District, and
the Water Work Department submitted comments and they are
incorporated herein as if set forth in full.
17. Bruce Freckleton, the Assistant to the Meridian .City
Engineer, commented that off-street parking and signage shall all
be provided in accordance with City Ordinances; that outside
lighting shall be designed and placed so as to not direct
FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 8
illumination on any nearby residential areas and in accordance with
City Ordinances; that Sanitary Sewer and Water to this facility
would be by means of existing service lines and that the
assessments for sewer and water service will be reviewed to see if
additional load would justify an adjustment; that Applicant provide
any information as to the anticipated water demand and that the
Applicant will be required to enter into an Assessment Agreement
with the City of Meridian.
18. That Shari Stiles, Planning and Zoning Administrator,
provided the following comments:
1. Provide a copy of the day care license from the
Idaho Department of Bealth & Welfare. Operator's
licenses shall be available on the premises at all times
for inspection.
2. Provide Social Security numbers of owner and
operators for this facility.
3. That the Applicant obtain a Certificate of Occupancy
prior to operation of the child care center.
4. That the screening of adjacent residential
properties is to be provided through landscaping/slats in
fencing.
5. No unpaved areas are to be used for parking.
6. That this Conditional Use Permit should be subject
to annual review.
7. That any proposed signage is subject to plan review.
Ms. Stiles commented that this is an excellent location for a
child care center and should help with traffic congestion in the
area.
19. That the Water Works Superintendent submitted a comment
that the meter shall not be fenced in.
FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 9
20. That Commissioner MacCoy submitted statements regarding
this application and they are hereby incorporated herein as if set
forth in full; he commented that Applicant must meet all codes and
ordinances as they apply to this type of use; the height of the
fence should be stated and whether any handicapped children will be
cared for at this facility, and if so, that the Americans with
Disabilities Act will apply.
21. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
met.
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 the property is zoned R-8 Residential, but the
FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 10
Zoning Ordinance, Section 11-2-409 A lists Day Care Centers to be
an allowed use in the R-8 District; it is therefore concluded that
this Application should be granted; however, the City does have
authority to put reasonable conditions on the use.
5. 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 all conditions
stated herein are met and complied with
c. The use, apparently, would be harmonious in appearance
with the intended character of the general vicinity if the
conditions stated herein are met and complied with.
d. That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses, but the
Applicant must take precautions to see that use does not
become hazardous or disturbing; review of the operation of the
Day Care Center and the neighbors within 300 feet of the
Center, may be required by the City every six (6) month or
more often if the City receives complaints.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 11
h. That sufficient parking for the property and the proposed
use will be required and paving for the required parking must
be completed before an occupancy permit is issued.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic feature of
major importance.
6. That all ordinances of the City of Meridian must be met
and complied with, 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; that the structure must meet all City Ordinances and
Codes before an occupancy permit is issued by the City.
7. That the parking must be paved and the landscaping
placed, prior to issuance of an occupancy permit.
8. That the Applicant shall provide proof of Health and
Welfare licensing prior to issuance of an occupancy permit; that
under City Ordinance, 11-2-403 B, Child Care Facility, it is the
total number of children cared for during the day and not the
number of children at any one time that is determinative.
9. The following conditions shall also apply:
(1) Secure and maintain a child care license from the Idaho
State Department of Health and Welfare-Child Care
Licensing Division.
(2) Acquire an occupancy certificate.
(3) Provide one (1) paved off-street parking apace per
employee.
(4) Provide for a child pick-up area located off of the two
(2) main-fronting streets.
FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 12
(5) Provide for screening of adjacent properties to protect
children from adverse impacts and provide a buffer
between properties.
(6) Provide for a fence of appropriate height/construction,
to enclose play areas, protecting children from traffic
which must be approved by the Zoning Administrator prior
to, and after, construction.
(7) Meet the Idaho State Department of Health and Welfare-
Child Care Licensing Division child to instructor ratio
and meet the required square feet per child.
(8) Meet the required child-to-care giver ratio set by the
Department of Health and welfare.
(9) Meet and/or perform all of the requirements of Shari
Stiles, Bruce Freckleton, and all other City and
government agencies listed in paragraph 16. of the
Findings.
10. That it is concluded that if the owner's consent of this
use is not delivered to the City, the use should be denied.
APPROVAL OF FINDINOS OF FACT AND CONCLUSIORS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
HEPPER VOTED
COMMISSIONER OSLUND
SHEARER
MacCOY VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
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FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 13
DECISION AND
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 aet forth in the
Findings of Fact and Conclusions of Law. That the use should be
denied if the owner does not give his consent.
MOTIO
DENIED
FINDINGS OF FACT AND CONCLUSIONS OF LAW/COBLER PAGE 14
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