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2007 05-03i- _ ;' ` . ~:~:;' CITY O~ ~ ' _ • a .. ~'m~ ,. 1 tn~at~c~ ~' '' ~~ '~ ~ ~~~ ~ ~~, ~, 16al~3 `s z. MERIDIAN PLANNING AND ZONING REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, May 3, 2007 at 7:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter." 1. Roll-call Attendance: 4:{ _ _X Tom O'Brien _X Wendy Newton-Huckabay X David Moe X Steve Siddoway h~: _X Michael Rohm -chairman ~~ 2. 3. ;, ::~~ s` '.:{: Adoption of the Agenda: Approve as Amended Consent Agenda: A. Approve Minutes of April 5, 2007 Planning and Zoning Meeting: Approve B. Findings of Fact and Conclusions of Law for Approval: CUP 07-001 Conditional Use Permit for an 11,000 square foot multi- tenant retail building on .75 acres in a C-G Zone for Jamaca Me Tan by Darren Blaser -North of East Fairview Ave and West of Hickory Ave in Lot 3, Block 1, of Mallane Subdivision: Approve C. Findings of Fact and Conclusions of Law for Approval: CUP 07-003 Conditional Use Permit for apublic/quasi-public use in an I- Lzone for Joint School District No 2. Jabil Subdivision by Joint School District No 2 -1303 E. Central Drive: Approve D. Findings of Fact and Conclusions of Law for Approval: CUP 07-004 Conditional Use Permit for the operation of a bar, the Meridian Planning and Zoning Commission Meeting Agenda - May 3, 2007 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. ~~ Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. "'<y ] f ~ 11 ~ Y ~t F ~' r ?.A. ~. I ~~ t~ [ ~ ~ t A ~ 141 !(i£; a F vx ~fs~t'.'_ r ~'~ x ~ i -r,-~ ra ~ t :,.uP w ~ ~ pj~t R ~ ~ ~Y.. {~'~;~j '~i Si x . t} ~ r Y` ~- (,,y 1~i..g,/~ '} 1 ~ i.. ~ •f .:, 3 / ~ ~ w f t~: l. ~ ~ . ~ ~~~F~ 4 ~ .~+L~~.~, ' ~t : 3 ~~ ~ ~ ~ ~ 3{ji ~a ~315`k~. ~ ' s ' ' t ' ' ~r Y ~~ " f iY '' ~l ~ y ~ f ~ti ~ 7 ~ ~ j r:j~: ~ ~ ~ ~ ~ ~ ~~ T~ ~, F ~~ a ~.~ ~S P ~ ~ ~ , $j,{ ~ ~ ~: yet ~ ~ r, ~ C' ~ Y~C O ~ ~ ~ if S 7L ., . WA`C Y Y' ~ %41 . ~ t YF. TTT ~ Y !` M ~ . ~ C V! .:,;: Win;: ~'"F•:'$ e. =f 1` ~ ..~.. q~,q-+.w+i,..r;~ .. '~' ~~. .,. .. ~. ~. 1'. ..6 i ~ c .. x"^<~';~2 a P_.F. &~.,'.~ • F: y5,i i ~.~! Y; ,~ ::~j: ~I Busted Shovel, in the O-T zone for the Busted Shovel by William Kosterman - 704 Main Street: Approve 4. Continued Public Hearing from March 15, 2007: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Property by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: Continue Public Hearing to June 7, 2007 5. Continued Public Hearing from February 15, 2007: AZ 07-001 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 N. Black Cat Road: Application Withdrawn 6. Continued Public Hearing from February 15, 2007: PP 07-001 Request for Preliminary Plat approval of 22 single-family residential building lots and 5 common /other lots on 6.84 acres in a proposed R-4 zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 N. Black Cat Road: Application Withdrawn 7. Continued Public Hearing from April 19, 2007: PFP 07-001 Request for aPreliminary /Final Plat approval to subdivide Lot 13, Block 3 of Vallin Courts Subdivision to create two (2) new lots for Benewah by Walker Homes, Inc. - 2673 North Ridgebury Avenue: Continue Public Hearing to May 17, 2007 8. Public Hearing: AZ 07-005 Request for Annexation and Zoning of 1.46 acres from RUT to an R-4 zone for the property located at 1205 W. Overland Road for Pfost Property by Thomas & JoAnn Pfost - 1205 W. Overland Road: Recommend Approval to City Council 9. Public Hearing: CUP 07-006 Request for a Conditional Use Permit for the operation of an animal care facility in an L-O zone for Liddell Veterinary Clinic by Falash & Ross Construction - 2300 W. Everest Lane: Approve -Prepare Findings of Fact and Conclusions of Law 10. Public Hearing: AZ 07-004 Request for Annexation and Zoning of 2.48 acres from RUT to an L-O zone for Locust Grove Professional Office Building by Ruby/Edwards: Architecture + Design - 1695 South Locust Grove road: Recommend Approval to City Council 11. Public Hearing: RZ 07-008 Request for a Rezone of approximately 4 acres from a C-N zone to a C-C zone for Lots 1 - 5, Block 1 of the Corner at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Meridian Planning and Zoning Commission Meeting Agenda - May 3, 2007 Page 2 of 3 ' All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. - S t ( U, :V i }fir .{?4g ti M ~" ~ ° y ~ ~ r'F': t kj ~ f I +rt s z ~,~ z ~> ~ ~? ~ ' r~ a~ 4Yt'7'~ h ~ ~k> 4~W~- ~x~~ `fag, ~-. , „~~~ ,,~~~~r~' ~ 5 <_ ~`'~ ~ ~r x ~ ~~ ~ . ~i i r ~ ..tf :1 a . ,~. ~:i ~ , ~'~. tic n.. V '~~ ~~ i r .yam i fn s ~,~~. a.r ~ ,i ,ka r ;~T.Y.Ve4 i ' .xi~i:vGki~ ,~~ t .. 9 ,m f ~ 4 -`5Y tiw ziRl~~'f,~ k .' d,F' t3la~~. i ~ * ~1, ~y H.;kW 7 ~ R+~~ K at~'ns;fv.-' ~ ;'+ '~' 3 iii 'M". ., . . - r. ' ~ _. ~:..:.. ~. ,~- _ I _~~. ~~ ;~~ i y ;. <; t~ ~: ".a' ".{M F ~i -~ ~ ~;~ i Roy Brown -SWC of Cherry Lane and Linder Road: Recommend Approval to City Council 12. Public Hearing: CUP 07-007 Request for a Conditional Use Permit to allow retail sale and service of motor scooters within the C-C zoning district on Lot 3, Block 1, of the Comer at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Roy Brown - SWC of Cherry Lane and Linder Road: Recommend Denial to City Council 13. Public Hearing: PP 07-009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L-O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -SEC of Franklin Road and Touchmark Way: Continue Public Hearing to May 17, 2007 14. Public Hearing: CUP 07-008 Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L-O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -SEC of Franklin Road and Touchmark Way: Continue Public Hearing to May 17, 2007 Meridian Planning and Zoning Commission Meeting Agenda - May 3, 2007 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~. 5. t~~ h E~ rY+ c ,~ ~ y y i~ ,. ~ ~ 4 ' ~. 'KS-' ,~~'t" ~ ~ t `~ 1 r,~~r~ s ~~s ;w,-ay`` F 5 ~ . ~lp ~ i. E ..k4IH Y1.:. J-'~- < ~ wf^-icq~~,~ } ~ ~; t ' ~ i ' ~ 7 ~ 7 ~, ~ r, .~ r ~~,~ a :~ ``~'- ~~~~, f ~~ , ~ ~a~ .~ ~ ~ ~. ~ ~ r1 y ~ ~` r ,~ s ay '-{~ h.; r a ,y r i ,4 µ~ .~ r.;Yf-. . ~ ~~~ i "4 i~ bt ' ~~f!~ ' ~' A ` 1 t3 2 . . h ~,C ~~~'[- ~ ~ A {1 ~F~~~ f _ Z~- '~. H~~ ~,~ ~'A ~ L` t it~~j~ .t ~~ti~ ~ Wit!` ~ `~l, ~ {~i ~97`i ;: ~! I-~ J a -~ ' CYI`Y OF ~I ~~ ~ ~~~~Y't eY1G~1~17K ~ ~~~ IDAHO ~~~ ~~ 4 T~~ V n~Y ~~ MERIDIAN PLANNING AND ZONING REGULAR MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, May 3, 2007 at 7:00 p.m. ... - "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to best of the ability of the presenter. " '~~ "' ' 1. Roll-call Attendance: fir: p~ ~ ~ Tom O'Brien Wendy Newton-Huckaba Y ~' David Moe Steve Siddoway ~~ _ ~ Michael Rohm -chairman t t 2. Adoption of the Agenda: ,~ ~~ r°'C,b~ ~ ~ ~~`1~i`~~~ i ~V ~_ . 3. Consent-Agenda: ' A. Approve Minutes of April 5, 2007 Planning and Zoning Meeting: ~ t' B. Findings of Fact and Conclusions of Law for Approval: CUP °°=4~ 07-001 Conditional Use Permit for an 11,000 square foot multi- ~_ ` ~~ tenant retail building on .75 acres in a C-G Zone for Jamaca Me ~~.. ~~! ~' ~~ Tan by Darren Blaser -North of East Fairview Ave and West of = Hickory Ave in Lot 3, Block 1, of Mallane Subdivision: ~ ~^ f ~ ~ ~ Ems, . ~ +~ ' ~ ' ~ C. Findings of Fact and Conclusions of Law for Approval: CUP ~" ~. 07-003 Conditional Use Permit for apublic/quasi-public use in an I- ~ ~ L zone for Joint School District No 2. Jabil Subdivision by Joint School District No 2 -1303 E. Central Drive: /~ _„ P ~~ ~ ~J`~ ~:~;~~ , D. Findings of Fact and Conclusions of Law for Approval: CUP `~ `" 07-004 Conditional Use Permit for the operation of a bar, the z °~. Meridian Planning and Zoning Commission Meeting Agenda - May 3, 2007 Page 1 of 3 xy?° ° °' ~: All materials presented at public meetings shall become property of the City of Meridian. ~'': ' ~ Anyone desiring accommodation for disabilities related to documents and/or hearing, l t h ' • ~~_ p ease con act t e City Clerk s Office at 888-4433 at least 48 hours nor to the ubtic meetin P P 9• ,gym ~ > ~iD `F" ~: ~ ,~ `~r "'~ '" ~; : t~ ~ Y~s , ~ w ~ ~ ~~` ~ t **k'~c~,.y-,~},~~1s- ~rh=`~.7r='~ '~ x " F S+zF ~'~ I ~' ~} . ; ' I ~;h,,: ~ F~: ~y .. y~~rz i+`a~4A ~ ~ rFl4 ~# r 4 ~~ err t7 ~}v~ Ri,~ ~d~~~~ ~ r ~ k3.~ a: ~~ , _ ~ ~~'~~~fi. '1 a. b ^74~~' ~'Y :: ~f '~ t f n +~.ri ~ ~ rl. r ~~3 #.~{ ,. r A j~ 1. - i ~ E ti~ ~! ~'. ~~^^ ~~ 1 ~ ' M~ '}~,jRi A ~ ~ ~ n f ifi { z~ ' ~ *' k ~ ~ . ~ T°,~~T~a'rit. i`i t ~ ,% - ~ ilriEi!!~~ r .~ p t .~ . t S ~ 1W:j`~., ,,:~.~; .;:~ .4 • s ::.~ ~.~~A ~~ , ~S~ t 3i ~~~~'. t~i~'~ K ., Busted Shovel, in the O-T zone for the Busted Shovel by William ~~- ~ Kosterman - 704 Main Street: /~ ~,~ ~ Y ~ r~ ~~ a ~t~q 4. Continued Public Hearing from March 15, 2007: AZ 06-063 Request :~-~ A r for Annexation and Zoning of 38 68 acres from RUT and R-1 z t C G ja ~,, ,~ ~, . ones o - zones for Waltman Property by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: ~vOL~ /'~ ~ ~~+~Li~C: ~~:d.~'~ v~~ ~ ~~Lt~, ~ ~~® J ' Y . F; '~ 5. Continued Public Hearing from February 15, 2007: AZ 07-001 1, Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 j~`r,: ~ zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 N. .,x~;, ~~ ~ } .~. Black Cat Road~~ Li ~~"i®v~ ~-c~/:~~Y,~y ~~1 /~ ~t :, ~^; ; . ~~~~ 6. Continued Public Hearing from February 15, 2007: PP 07-001 ,.~' Request for Preliminary Plat approval of 22 single-family residential ~~ ~ ,_ building lots and 5 common /other lots on 6 84 acres in a ro o d R 4 '~~ . p p se - zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 N. ._ ' ` " Black Cat Road: f~f ~ C~ ~ ~~ ®~ ~1 ~ _I~,~ ~~ Ga " ~ ~ +» , y 7. Continued Public Hearing from April 19, 2007: PFP 07-001 Re uest q ~~ ' for aPreliminary /Final Plat approval to subdivide Lot 13 Block 3 of Vallin ~ ~ '~ , Courts Subdivision to create two (2) new lots for Benewah by Walker ts, H om e s, In c . -267 3 N o rth Rid eb u ry A v enue; /y ~ g ~ /~ / /]"~y~~~ ~ y ~./7- J~ ~ ~ y ~ P ~ v~ ] ~ ~ ~] _~` 8. Public Hearing: AZ 07-005 Request for Annexation and Zoning of 1.46 ~~~;~ acres from RUT to an R-4 zone for the property located at 1205 W. Overland Road for Pfost Property by Thomas & JoAnn Pfost - 1205 W. k Overland Road: `} :}- 9. Public Hearing: CUP 07-006 Request for a Conditional Use Permit for `~ the operation of an animal care facility in an L-O zone for Liddell ~~ ~ Veterinary Clinic by Falash & Ross Construction - 2300 W. Everest -f .~'i~' q Lane: ~^,/~i~'® °' Pr'~o~ ~fii'~i.~hc S -~v' ~p~~e~ E ~ ~~ 10. Public Hearing: AZ 07-004 Request for Annexation and Zoning of 2 48 ~~':, . acres from RUT to an L-O zone for Locust Grove Professional Office ~ ~~ `~~ Building by Ruby/Edwards: Architecture + Design - 1695 South Locust ~S~;t Gr vLvm~~( ' ~F'~~~~ "~ (~~ o `~' ~ 11. Public Hearing: RZ 07-008 Request for a Rezone of approximately 4 acres from a C-N zone to a C-C zone for Lots 1 - 5, Block 1 of the Comer r rY' ~ '~ at Vineyards Subdivision for Cherry Wood Village by Richard Brown and '> ' r~, Ro Brown - SWC of Cherry Lane and Linder Ro d: ~y!/WI „~, ~„ ~ ~ Mendian Planning and Zoning Commission Meeting Agenda - May 3, 2007 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. ~~~ Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. d r ~~~si~. ~~~ r iy~; p ~.;~z~ `' 4'•~ ~" 4^4 :-, k•.. 1SK': ~{~~ f ,,~, °~. ~_~. ~. ~. :.Y; .^ ~ :.~?i -..~, .,:_ ~.:;;~>, -r .~_~. ~y , tY{~~y~Ay ," v? ~. -;~k+: " ~"~- 1. t.. R ~~~ L~ Lh ,ry ~~M~ ~' ~t . ~C`' ,~~','>; ~ ~ ~ 12. Public Hearing: CUP 07-007 Request for a Conditional Use Permit to allow retail sale and service of motor scooters within the C-C zoning district on Lot 3, Block 1, of the Comer at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Roy Brown - SWC of Cheny Lane and Linder Road: 13. Public Wearing: PP 07-009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L-O zone for Meadowlake Village North by Touchmark of the Tr asure Valley, LLC -SEC of Franklin Road and Touchmark Way: ~~ ~7~.®~ 14. Public Hearing: CUP 07-008 Req est for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L-O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -SEC of Franklin Road and Touchmark Way: ~ ~~ ~ Meridian Planning and Zoning Commission Meeting Agenda - May 3, 2007 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ! ~ ,4~ti ~:?` ~, %~ f.~ S~t.~;w u~6 l~ ' ''`~[?Y ~ j,F ~~~ I I ~ .~ V .;hr'i' ~ :~ ~ ~ .~.Yv N ~'1~A s ` ~'~ ~`°F MERIDIAN PLANNING AND ZONING ~.~~~ ~ K _ }~ '-~ IG~YI ti REGULAR MEETING V i-l'YI ~ rr~nEto ~' AGENDA '' _ ~ ~~ `~' ~ ~ ~q ~Tt:ensu~.V~~ ~ ~ ~ . lei City Council Chambers ; . ~- - ~ 33 East Idaho Avenue, Meridian, Idaho ~ -I _k ~ ~~~ Thursday, May 3, 2007 at 7:00 p.m. '~ ~'~ ~~' `Although the City of Meridian no longer requires sworn testimon Y, ~~=~~ all presentations before the Mayor and City Council are expected =`~, to be truthful and honest to best of the ability of the presenter," ~~ 1. Roll-call Attendance: a y` ~'_~`~ ~~ Tom O'Brien Wendy Newton-Huckabay ` ~~'~ s David Moe Steve Siddoway Michael Rohm -chairman ;h s:„~°~ 2. Adoption of the Agenda: y ,~~~~~ ~~ ~ -~: 3. Consent-Agenda: ~:•~ ~~; ~ ~1~ A. Approve Minutes of April 5, 2007 Planning and Zoning Meeting: `~ ~; B. Findings of Fact and Conclusions of Law for Approval: CUP ~~: 07-001 Conditional Use Permit for an 11,000 square foot multi- - tenant retail building on .75 acres in a C-G Zone for Jamaca Me ra Tan by Darren Blaser -North of East Fairview Ave and West of `~~ r_-A Hickory Ave in Lot 3, Block 1, of Mallane Subdivision: ~` .r> ~"y C. Findings of Fact and Conclusions of Law for Approval: CUP '~ 07-003 Conditional Use Permit for apublic/quasi-public use in an I- .y:~; L zone for Joint School District No 2. Jabil Subdivision by Joint ~- ~~~ : School District No Z -1303 E. Central Drive: , . ~t ~ '~` D. Findings of Fact and Conclusions of Law for Approval: CUP =~ 07-004 Conditional Use Permit for the operation of a bar, the R~ '' °~ Meridian Planning and Zoning Commission Meeting Agenda - May 3, 2007 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. 4 ~ ~ Anyone desiring accommodation for disabilities related to documents and/or hearing, 7 '``'' please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ,a :~`~M "'~~ R. w`-?~'. ~~' . F.w ' 7~~" ,. 3 ~~: +!3 ~ ~~ i-i.;~h rya`°'- `- - '(ii:' '~S l `. _ 1 ~~.Y~ !s~ L~'r 'H' ~ '.. ,ti.. .~t t<~= . ,, ;. °~` w~ »~.~: '-~~~= ~,i ~~ ;TM's in , e , ~~ ~~ . r',';,N .T <. :.~; ~~~i ~ ~` ~a;;:a ~ Y1 ~:~~1/.'L~i ~~ w ,. . ~~c„3 -:'x74; -ry: ~~~; Y y~Y - ~. ~ur4 ;., ,, ' ~~1 ;~,~ ~' ~`~*~` ~~_ ;~« ~. ~. Busted Shovel, in the O-T zone for the Busted Shovel by William Kosterman - 704 Main Street: 4. Continued Public Hearing from March 15, 2007: AZ 06-063 Request for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Property by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: 5. Continued Public Hearing from February 15, 2007: AZ 07-001 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 N. Black Cat Road: 6. Continued Public Hearing from February 15, 2007: PP 07-001 Request for Preliminary Plat approval of 22 single-family residential building lots and 5 common /other lots on 6.84 acres in a proposed R-4 zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 N. Black Cat Road: 7. Continued Public Hearing from April 19, 2007: PFP 07-001 Request for aPreliminary /Final Plat approval to subdivide Lot 13, Block 3 of Vallin Courts Subdivision to create two (2) new lots for Benewah by Walker Homes, Inc. - 2673 North Ridgebury Avenue: 8. Public Hearing: AZ 07-005 Request for Annexation and Zoning of 1.46 acres from RUT to an R-4 zone for the property located at 1205 W. Overland Road for Pfost Property by Thomas & JoAnn Pfost - 1205 W. Overland Road: 9. Public Hearing: CUP 07-006 Request for a Conditional Use Permit for the operation of an animal care facility in an L-O zone for Liddell Veterinary Clinic by Falash & Ross Construction - 2300 W. Everest Lane: 10. Public Hearing: AZ 07-004 Request for Annexation and Zoning of 2.48 acres from RUT to an L-O zone for Locust Grove Professional Office Building by Ruby/Edwards: Architecture + Design - 1695 South Locust Grove Road: 11. Public Hearing: RZ 07-008 Request for a Rezone of approximately 4 acres from a C-N zone to a C-C zone for Lots 1 - 5, Block 1 of the Comer at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Roy Brown - SWC of Cherry Lane and Linder Road: Meridian Planning and Zoning Commission Meeting Agenda - May 3, 2007 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. ~~- ~s{, ~ a ~ ~~ , ... ..., n:~, ~ -: "K~ ~,~ ;~' ~;~. ~~ : ~i~ ~ ~ S r ~ ~> ,. ~_; y„} ~_ ,~ `r Y" ~ ~~; 12. Public Hearing: CUP 07-007 Request for a Conditional Use Permit to ~~~ allow retail sale and service of motor scooters within the C-C zoning w district on Lot 3, Block 1, of the Corner at Vineyards Subdivision for ~t - Cherry Wood Village by Richard Brown and Roy Brown - SWC of Cherry 'jh~ Lane and Linder Road: '4$' ~ 13. Public Hearing: PP 07-009 Request for Preliminary Plat approval of 52 ~~1 ~,ri: xa residential lots, 2 office/commercial lots and 10 common lots on 19.80 ~`>~~ ~ acres in an L-O zone for Meadowlake Village North by Touchmark of the ~- ~ ~ Treasure Valley, LLC -SEC of Franklin Road and Touchmark Way: y . ~,,., 14. Public Hearing: CUP 07-008 Request for a Conditional Use Permit ~~ approval to create 52 residential lots, 2 office/commercial lots and 10 T''~ ! common lots in an L-O zone for Meadowlake Village North by <r ~'~ YI Touchmark of the Treasure Valley, LLC -SEC of Franklin Road and ~, _, ~~~ Touchmark Way: ~~. ,r',i ~trt p [; ~'i ~~~~; .. ~ ~ ( [f~l '.,:Yr' .r ;'Si .,~a }ti<;;~~ Y.+,~A,' t .,j~.'. ~~+ ~' ~~' ;:y<. ^ ~~ - ; - Y`{,n ~1 S f/~ V- ~; Y I ,~ w. hi +!; ~ ~~ t ti }. ,~Y '.'~C', ~~i l ~~~ '~'~ ~.. ~~ . ~.,,. ~.. ~' '- y Meridian Planning and Zoning Commission Meeting Agenda - May 3, 2007 Page 3 of 3 ~:a~, All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, ` ~ = please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 4 .~~ ~:~ h~~ R'r ~C"4~ } y `s~~?: ~ik ~> ~~1~ ~ ".:F M.~Y:'. rT §v). ~, f~ C ~F .?ai ~ ~ _ ~~~. . -` ;r ~~e r~ ~"' °,,~r F~-'.. ~-ti%~. l.'. - . ~~:~ __ );.n=~' _} ~sYf ,n-~; ,~; . ~, ~ ~~~ _~; >~ r _ _.~: :~ f ur:; b,4 W ~~~ ~~.+~ ~ ~~ '* ,,~, - ~; ~"<t ., j:o~~ s•~. ~~ ~ '.9~`r C?~e w, ~~ ~i ~k~ ;+r ~xT '; t.:~° s, ~~._.; :.,: ~ ~'u~ =s:4 ,,,;~, .,.._ ~'~ , ~3~ h rs~' 5. . _,`~' R~`.• Broadcast Report Date/Time 04-30-2007 12:19:23 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Llne 1 Local ID 2 Local Name 2 Line 2 This document :Failed (reduced sample and details below) Document size : 8.5 "x11 " ~P~e~~e. ~~ SOY ~ ~ N~-i'ce - ~~ ~ ~~,,pp ~~~'"`°" MERIDIAN PLANNING AND c'ONIN(3 ~_N18J7GI11~'J? ~ ~ ~ itE~ul.Al~ MEETING 'vim AGENDA Cfty Council Chambers 33 Eastfdeho Avenue, Meridlan,tdaho Thursday, May 3, 2007 at 7:00 p.m. Although the City of iYleHdlan na /anger reyub'es sworn testimony, all pr®senta?iona befor® the hrlayor a~ City Counral are expected to be Truthful and honest to best of the abll/ty of the presenter." 1. ftall.call Attendance: Tom O'f3rten Wendy Nc~wrfon-Huckabay ~~ Moe Steve Siddoway Mk~ael Rohm -chairman 2. Adoption of the Agenda: 3. Consent-Agenda: A. Appmve Minutes of April 6, 2007 Planning and Zoning Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 07-001 t+andlNonail Use Permit for an 11,000 square foot multi- . tenant retail building on .75 acres in a G_a Zone far Jarnat:a Ma Tan try Darren 8laser -North of East Fairview Ave ar-d West of Mckory Ave in Lot 3, E31ock 1, of Mallane Subdivision: C. Fnndings of Fact and Conelusiorta of Law for Approval; CUP OT-003 Conditlnnal Use Permit for a isublic/quesi-public use in an I- Lzone for Joint School District No 2 Jabll 5ubdlviston by .Point School Dtetrtct No 2 -1303 E. C:entra! Drive: q. Findings of Fact and Conclusions of leer for Approval: CUP 07.004 Coixlftlonal Use Permit for the operation of a trar, Ills McI~8r1 Platarinp end ZonUrB Con+mlaslon Msetfig /,Sec nde - MeY 3, 2007 Page t of 3 Adi fr~tedefs presented et p~rlk mee0ngs sha0 become proPert~r of the CHy of Mermen. Anyone desldn8 eecommodetiat ra dSaebflftise rested to douamnte ~ullor hearing, Passes cor~4 the CUy ClsrSc'e tlfllce et 868.4433 ~ ie9et 46 howa priorte the pub0e meetlrrg. Total Pages Scanned : 3 Tntal P9noc Mnfl..nn.i • C1 No. 001 lob 238 Remote Station 3810160 Start Time 11:47:39 a.m. 04-30-2007 Duration 00:00:00 Pages O/3 Llne 1 Mode G3 Job Type HS Results FA 002 238 8989551 11:47:39 a.m. 04-30-2007 00:00;45 313 1 EC HS CP21600 003 238 8848723 11:47:39 a.m. 04-30-2007 00:01:12 3/3 1 EC HS CP14400 004 238 8886854 11:47:39 a.m. 04-30-2007 00:00:38 313 1 EC HS CP31200 005 238 8985501 11:47:39 a.m. 04-30-2007 00:01:12 3/3 1 EC HS CP14400 006 238 8467366 11:47:39 a.m. 04-30-2007 00:00:37 3/3 1 EC HS CP28800 007 238 6950390 11:47:39a.m.04-30-2007 00:00:36 313 1 EC HS CP31200 :-_ :.. L........ .. .... ~ i 'h- F~n '-_ <,. _ ~~~:; ~'>- E 'c 'e ~~~.._. ~. b~ =5;, • Meridian Planning & Zoning Commission Meeting May 3, 2007 The regular meeting of the Meridian Planning & Zoning Commission was called to order at 7:00 P.M., Thursday, May 3, 2007, by Chairman Michael Rohm. Members Present: Michael Rohm, David Moe, Steve Siddoway, Tom O'Brien and Wendy Newton-Huckabay. Others Present: Bill Nary, Machelle Hill, Caleb Hood, Amanda Hess, Sonya Wafters, Scott Steckline, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X Tom O'Brien X Wendy Newton-Huckabay X David Moe X Steve Siddoway X Michael Rohm -Chairman 1 . ~. i!. '.% C' ,~,~~s~ ~.. ;x~ Rohm: Good evening, ladies and gentlemen. At this time I'd like to call the regularly scheduled meeting of the Planning and Zoning Commission to order and we will begin with the roll call of Commissioners. Item 2: Adoption of the Agenda: Rohm: Okay. The first item on the agenda is the adoption of the agenda and there are a number of changes tonight and there -- some of the projects will not be heard and we will go through the agenda and inform you, the public, of those changes and if you're here to speak to those, we will not be hearing them tonight. So, the first item that is not to be heard tonight is the Waltman Property project, AZ 06-063, and it's to be continued to the regularly scheduled meeting of June 7th. The second change to the agenda is the Belhaven Subdivision project, AZ 07-001 and PP 07-001. This project has been withdrawn and so it will not be heard period. The next change to the agenda is the continued Public Hearing for PFP 07-001 for Benewah -- it looks like Benewah Homes -- will be continued to the regularly scheduled meeting of May 17th. The last change to the agenda is Items No. PP 07-009 and CUP 07-008, both related to Meadow Lake Village North. That will be continued until the regularly scheduled meeting of May 17th. So, if there is anybody here to speak to any of those projects, they will not be heard tonight. Okay. With that being said, could I get a motion to accept the balance of the agenda? Moe: So moved. Siddoway: Second. Rohm: It's been moved and seconded to accept the amended agenda. All those in favor say aye. Opposed the same sign? Motion carved. ~~~~ ~~ t ., c. Oyu .6. ~. !~~ ~ t; ~y L.. r ~, T 1 c~ r ~ ~ ~> ~ni~'. ~fi k ~,` -.~yy.. -. ,. ~4y~lri!~ ~~~ ~ ~ { ~'C Si,~... Z~ ~ ~ ~ 1 ~ i; dT4M~e.~ ~ . ;~1 _t f4 , ~ . 2 ~N ~~~~ ~q . ~~~ l . F + k fr'~s; - .1 ,.. ~~ ' ~ ~ -~ µ . ` ,~ . : .f ~ ~. ~ ~~'Y ~ ~ '~ y ~ ~C ~ ' Y Yb4 ~ ~ ~i ~S+(1 ~. t E `°Y r ~ J~ Y #,7 z`.ti, ~1~ k1 ~ . ~~ "'~ ~f~q% r t ~~k ~'~ , r t ~, ,~ yp~yq 4 { tl yy ?~ { T ~~' ~ . riK. 4 ,, , fi ~ { ~Z S~ ~R ~~I C~{~'esl ' 4~ ~ ,~ 4;K~i ,, ~:a~' 3 ~n`Rr; • ?:' ` Meridian Planning & Zoning Commission ~,; ~ May 3, 2007 Page 2 of 62 r. - -~"ti, ~~~ MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: A. Approve Minutes of April 5, 2007 Planning and Zoning Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 07-001 Conditional Use Permit for an 11,000 square foot multi- tenant retail building on .75 acres in a C-G Zone for Jamaca Me Tan by Darren Blaser -North of East Fairview Ave and Vilest of Hickory Ave in Lot 3, Block 1, of Mallane Subdivision: C. Findings of Fact and Conclusions of Law for Approval: CUP 07-003 Conditional Use Permit for apublic/quasi-public use in an I- L zone for Joint School District No 2. Jabil Subdivision by Joint ;~'~ School District No 2 -1303 E. Central Drive: D. Findings of Fact and Conclusions of Law for Approval: CUP ~'~~ 07-004 Conditional Use Permit for the operation of a bar, the ~`~~~: ,,>; _ Busted Shovel, in the O-T zone for the Busted Shovel by William Kosterman - 704 Main Street: F; ;w~_-... t; ;r.~~ ,F. `~ ~; ;~ .' Rohm: The next item on the agenda is the Consent Agenda and the Consent Agenda consists of four items. It's the approval of the April 15th, 2007, Planning and Zoning meeting minutes, Findings of Fact and Conclusions of Law for approval of CUP 07-001, Findings of Fact and Conclusions of Law for approval of CUP 07-003, and the Findings of Fact and Conclusions of Law for approval CUP 07-004. Could I get a motion to approve the Consent Agenda? Newton-Huckabay: So moved. Moe: Second. Rohm: It's been moved and seconded to approve the Consent Agenda. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. Rohm: Okay. That's, typically, the way we start our meetings each and every time and now if -- before we open up our first Public Hearing, for those of you that do not attend these on a regular basis, the way these hearings work is we will open up a project and we will begin with the staff report. The staff will present a project as it relates to the UDC, that's the Unified Development Code, and the Comprehensive Plan. They will give us their assessment of the project as it relates to those two documents. Once the staff has given us their presentation, then, we will ask the applicant to come forward and i ~~~: y ki ~ ~ ~ ri `s ~'d~.'~ _ t ppTT ~'1".> ~' s'P ,., ~ R•F~Pan?"~44 W' i, y t ~- a .,, t• - ~~ ~ M L f "~, yf ~,~, ,"j~ t ti ~t .. 7 '. ,,t ~`.^'~7r'. 3 s yF'tr.vS,+jIE j.~. t- { ~ ; SSS p ~ ti+''4':4! ~~ryy3 ~ i ~ FM t:p1: .. l._ a y~ S' '}7 .T 'i .lip a.. - t t _' r v ~ iL '~ .??T .1 A~~.: ~~ r~ 4 ~~ ~~ ~ t xE~ x jaic _ y k c f'. S~J 't p .,~• , .~c ,~,S.Rs:~~.- ~3 y 'i 'u5~ ,~ ~i'~r ts•~it i { ° E ~f e ~.. ~.~ ai • ,.< .,_ V-l '~~I I :, Meridian Planning & Zoning Commission May 3, 2007 Page 3 of 62 • give us their take on the project and, basically, they will give us what value they see their project bringing to the city. Once those two presentations have concluded, then, you, the citizens, have an opportunity to respond to the applicant's project and each and every one of you that has something to say will be given their time and in some cases there may be a property owner association president or something that wilt be speaking for a larger group and that individual would be given a longer time -- ten minutes to speak to a specific project, if, in fact, there are others in the audience that are waiving their right to speak and releasing that to a separate individual. Otherwise, anybody that has signed up or even if they haven't signed up, has an opportunity to speak. Once we have taken all public testimony, the applicant, then, has an opportunity to come back and rebut any comments brought up by the citizens. And it is not a debate. It's -- the applicant responds to your comments and, then, there is not an opportunity to come back up and rebut his response. That's when the comments are concluded and, generally speaking, at that point in time we will close the Public Hearing, we will have discussion amongst the Commission and we may ask staff for additional comments on a specific project and, then, if, in fact, we have got enough information to draw a conclusion, we will make a motion to approve or disapprove the project from the information received. That's the process and the thing that's very important is when an individual at the microphone, they are the only person that our recorder can pick up communication from, so it's real important that everybody give that courtesy to allow that person to speak and when you're at the microphone, that's when you will be heard. So, with that being said, I will now open the first Public Hearing and this is the AZ 07- 005, The Pfost property and -- Hood: Mr. Chair, I'm sorry, you do need to -- you mentioned in your opening -- the agenda items you do officially need to open and continue those and accept withdrawal. So, if you could start with Item No. 4, please. Item 4: Continued Public Hearing from March 15, 2007: AZ 06-063 Request `~' for Annexation and Zoning of 38.68 acres from RUT and R-1 zones to C-G zones for Waltman Property by Waltman, LLC - 505, 521, 615 and 675 Waltman Lane: Rohm: That's -- thank you. I appreciate that. All right. At this time I'd like to open the continued Public Hearing from March 15th, 2007, AZ 06-063, the Waltman property, for the sole purpose of continuing to the regularly scheduled meeting of June 7th. Moe: So moved. ~: Siddoway: Second. ~: -; Newton-Huckabay: Second. Rohm: It's been moved and seconded to continue Item AZ 06-063 to the regularly ~~ ' scheduled meeting of June 7th. All those in favor say aye. Opposed same sign. Motion carved. _ ~ ~ ..G t~v~~_i r ~.~ ~ ~ ~ -, 1 ,4 , A 'A. ~ f i. . . ~ ~ !~Y I i t ~ ~Z ~ h x^.y3~~y.e,. . T '~ ~ Y ~, ' V s YS?~ ~ CC ~ ~. I ~~., .~ ~ V a yt ~ ~Fli •J ~' ~^ 1 P ~r~~;' 1 ~~~ . . f 1.... 'G:5:pj1k; ~ ~ ,. . 1 c~v t Z'- i ,~ c ~~ ~ w~ ~, ~yq,",+~± ~a, ~fi t" ' ~' TM:• r ~a ~? ~ e,~ . ~t ~i ~~ ~F ~ ~ :•k t~~S; { . f i ~`: c " { ~ '+µ ~S ~ h ' ~~ r _ 3~ ?t c i ~ N ~ ~ 'l 1l~'~.H.i' µ' it i ; ~. :_,~-. +, ~ li~.~ C E A r J H X ~~~~'. z '; 'p~yy~ S . o.n. .~ v .A.~4". ~,. xr yy Fk i Tic ~{~; :. ?,;' ~. ~. ;~~ .~;. 3 ~'7'.'~`l i v II ® ~ ' Meridian Planning & Zoning Commission May 3, 2007 Page 4 of 62 MOTION CARRIED: ALL AYES. Rohm: Caleb, do we need to open the project that's to be withdrawn? Hood: Mr. Chair, Members of the Commission, you don't have to open the project, but we have in the past accepted their withdrawal anyway, just so there is a clear action and we can close the file. Item 5: Continued Public Hearing from February 15, 2007: AZ 07-001 Request for Annexation and Zoning of 6.84 acres from RUT to an R-4 zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 N. Black Cat Road: Item 6: Continued Public Hearing from February 15, 2007: PP 07-001 Request for Preliminary Plat approval of 22 single-family residential building lots and 5 common /other lots on 6.84 acres in a proposed R-4 zone for Belhaven Subdivision by Pole Creek Properties, Inc. - 5230 N. Black Cat Road: Rohm: All right. At this time the Commission recognizes the withdrawal of the application for AZ 07-001 and PP 07-001, both items related to the Belhaven Subdivision. Item 7: Continued Public Hearing from April 19, 2007: PFP 07-001 Request for aPreliminary /Final Plat approval to subdivide Lot 13, Block 3 of Vallin Courts Subdivision to create two (2) new lots for Benewah by Walker Homes, Inc. - 2673 North Ridgebury Avenue: Rohm: Okay. At this time I'd like to open the continued Public Hearing from April 19th, - 2007, of PFP 07-001, relating to Benewah, for the sole purpose of continuing to the regularly scheduled meeting of May 17th, 2007. :.r: Moe: So moved. Siddoway: Second. Rohm: It's been moved and seconded to continue Item PFP 07-001 to the regularly scheduled meeting of May 17th, 2007. All those in favor say aye. Opposed same sign? ,:~, Motion carried. MOTION CARRIED: ALL AYES. )'~ n,~ Item 8: Public Hearing: AZ 07-005 Request for Annexation and Zoning of 1.46 acres from RUT to an R-4 zone for the property located at 1205 W. ~~,:. ~: ti .. ~ r" ,Y ~~5. { t3 t{,~s~ ~ 1 '~ t 4 Y ~' ~ ~ ~~ ~~ ~ Grp 2i4 ~ 1 ~ Rk~+ aj~.i" r~ '. ~ ~ [ ,' • 1 ~ 's~ ~f. y eT ~ .,~ '>.'t s } i,~17 ~_, 1 ~Tf GtiF ~v . 14 +C { ,r p{~ 1 iX~~; ;~, 5,`S F f? ~ S ~3 i 1~`_~ jf ~~i~... i ;jp .s ,+ ~. r s i~. .1 r r _ ~ 1S t i, 1~ k ~`"~ ~:~~ ~1E4y~: ~ ! _ 1 y. .:l'i n r~ igr ~ ~r ~_ tk'`~. 3 ~~ 4 F } r1; R,~ ti h ti , ! ~ 1 ~• 1 .Hr. ~ L fiv r M f <:~ ,: , t~~ }y , am _ 4, ti 3i e ~5~. 2 rya _3 ~ t ~ a t ~ '~ ~-~tt J• ' i ~ ~ ~ . ~~~ ~` Fb ry.,.; ~ ~ 1 i,.Q. ~i~ I ~,'~5..~.L h'SQ: kh 1 _' t F 5 ~. i:, id ~5, . :i ~:~ t~ `, :: ,. ~,. Z: ~. _; ~. ~.. ~;, . .w -:. .. S d. ~~<"~~ -: ~$ :; ~ti ~E : ~: =..r, ~~ ~ 1 .: ~, '~ ~~~.,,_ • Meridian Planning 8~ Zoning Commission May 3, 2007 Page 5 of 62 ~`~~~` Overland Road for Pfost Property by Thomas & JoAnn Pfost - 1205 W. Overland Road: Siddoway: Okay. Now, at this time I'd like to open the Public Hearing on AZ 07-005, related to the Pfost property and begin with the staff report. Wafters: Mr. Chairman, Members of the Commission, the application before you is a request for annexation and zoning of 1.46 acres of land from RUT, Ada County, to R-4, medium low density residential. The property is located at 1205 West Overland Road on the south side West Overland, approximately a quarter mile east of South Linder Road. You can see here it's this kind of triangular shaped property right there. Rural residential property zoned RUT in Ada County surrounds the property on the east, west, and south, with vacant industrial property to the north, zoned I-L. This site is currently improved with one single family residential home and this is an aerial view of the property. The house sits over here on the comer. And accessory outbuildings. The applicant's request for annexation is based upon the fact the well that services this home is located in the path of the Overland Road widening project. For this reason the applicants are requesting annexation as a stipulation of being hooked up to city water. Sewer is not yet available to this property. However, staff has requested a development agreement be required with a provision that the applicant hook up to city sewer within six months of service being available to this property and that the applicant be responsible for all costs associated with sewer service installation, including payment of sewer assessments. That's a picture of the existing house on the property here. The requested R-4 zoning district complies with the Comprehensive Plan future land use designation of medium density residential for this property. Staff is recommending approval of the subject annexation and zoning request to R-4 as stated in the staff report. And that's all staff has, unless the Commission has questions. Rohm: Good. Thank you very much. Any questions of staff? Siddoway: I have none. Rohm: Okay. Would the applicant like to come forward, please, and state your name and address for the record. Pfost: I'm Thomas L. Pfost, 1205 West Overland Road, Meridian. Rohm: Okay. Thank you. It's pretty apparent what the application is for and I would presume that you're in agreement with the staff report? Pfost: Yes. Rohm: Okay. All right. Do you have any questions of us? Pfost: No, I don't. _ , ~, ~~~„ t } ,,} ~..ra',F i ' ,- +~ ~c~i~~~F ~ ~ . _ r ~ ~~ a. e r rr , ~~ ~`` t 5 ~ . f ~~ ,_, ,~ - ., ~, ~t ~,yA {i~.. ; p YF} ;r Sy t { F~ +~: r L~ ,~~ ~ J ,.~ .'F S b ~:i c r ~ ~, __ ~; 3 i , ~ti. ~ '•f _ i ~~y '<~w ~~ ~ j l S k ~4 1/, ~ ~~:iq„ .. ~ i~ ,~ ~ I ~ {, ~ ~:. (g ~ . i J q .4:>Y K.. ~r~ n ,ar ~a ~~F 7. 5 ~ '3z'y ~ ;i~ ~-,' r~ + ';j 'S,r ~; PSZv ~- y,~ 1~ . Y' b »,~ L ~ ~ ( _% \f 5 ~,. Ai r T ~~~ 1 ~i ~ ~ ~~ 1 '~ 1S r - ~ ":~~~ ~ R ~y. t ~ $S,fj, Fr - ~.~, { {P r ~{ T { ~fi,i~~; ,~ : ~' "` Meridian Planning & Zoning Commission M 3 2 a , 007 ,,:. ~','; '?' Page 6 of 62 ~ ~, t~ .~;: °. Rohm: Okay. Is there any questions from the Commission of this applicant? , Siddoway: I have none. ~r, ~` -w . ; Newton-Huckabay: None. ~:`:~` ~~~ -,~ Rohm: Go ahead, Tom. . 5~, ~~~~~~~ ~ O'Brien: Well, you're asking to hook up to city water; is that correct? t,~ry Pfost: Yes. .:. ~., ,:.. ,,, O'Brien: And what was your alternative plan? -,~~~~ " s4 ,~ ;, :; Pfost: Another well. Dig another well. ~" ~~~~ ~' ' } ~ ' O'Brien: And whose responsibility do you think that was -- or should be if h d t di ; you a o g your own -- dig another well? ~ Pfost: It was our well. It's our responsibility. ~ }2, O'Brien: I was just curious as to how that process worked with you. I have, I guess, a ` `~ question for staff. Maybe you can help me out with this. So, it was -- you would be ~ ~~ ,~ ~ hookin u g p -- if he wasn't able to hook up to -- to water, for instance, with the city, and ~ its only a single parcel we are being asked to annex, is it the responsibility of the city to relocate his well? No? ~~ Wafters: Chairman Rohm, Commissioner O'Brien, Commissioners, it is not the a~~ responsibility of the city to relocate his well. He could stay in the county and like he ~~; , said, drill another well. But he is adjacent to city ground and he is requesting annexation for city services. O'Brien: Okay. Wafters: Be water at this point. ~~~ ~;,r- O'Brien: I didn't quite understand how that process worked with that, if something else ;~,, was going on. Thank you. ~.-;k; ~'~~= . ,. , Rohm: Okay. Thank you, sir. Okay. There is not anybody that has signed up to testify to this application, but if anyone would like to come forward, now is that time. Okay. ,~. ; > Seeing none, could I get a motion close this Public Hearing? . Siddoway: So moved. fr y r >~ Moe: Second. ~~ ~, ~ ~,; ;a r ~1; .,, s :u;%,~! nF''~ - .. Y j'r,R., ~ ~i ;~ 4fayj~,~ J +y 1i! 1CgM ,' 5 - 'Y~~. J7:j ~~^. :3 ~ ;-: Meridian Planning 8 Zoning Commission y ' ' May 3, 2007 -'~~`' ` Page 7 of 62 T: r r : Rohm: It's been moved and seconded to close the Public Hearing on PF -- excuse me - . ;r ; - on AZ 07-005. All those in favor say aye. Opposed same sign? F" Z. ~ ~~ *~~; MOTION CARRIED: ALL AYES. Moe: Mr. Chairman? Rohm: Commissioner Moe. k ~;~ Moe: After considering all staff, applicant, and the testimony, I move to recommend :1 approval to the City Council of file number AZ 07-005 as presented in the staff report for ~: the hearing of May 3rd, 2007. End of motion. Siddoway: Second. Rohm: It's been moved and seconded to forward onto City Council recommending approval of AZ 07-005. All those in favor say aye. Opposed same sign? Motion carved. ~=_ ~.;;I x;~ ~•_ ~. ~~ ~ ~, ~, ~- MOTION CARRIED: ALL AYES. Item 9: Public Hearing: CUP 07-006 Request for a Conditional Use Permit for the operation of an animal care facility in an L-O zone for Liddell Veterinary Clinic by Falash & Ross Construction - 2300 W. Everest Lane: Rohm: Very good. All right. At this time I'd like to open the Public Hearing on CUP 07- 005, related to Veterinary -- Liddell Veterinary Clinic and begin with the staff report. Wafters: Mr. Chairman, Members of the Commission, the application before you is a request for a Conditional Use Permit for an animal care facility in an L-O zone by Falash & Ross Construction. The site is located at 2250 West Everest Lane on the south side of Chinden Boulevard, approximately a half a mile west of North Linder Road. You can see on the site here these two little cross-hatched parcels. Directly north of the site across Chinden is vacant property, zoned TNC. To the east is vacant property zoned L- O. To the south are single family homes in Lochsa Falls Subdivision, zoned R-4. And to the west is vacant property zoned L-O. Here is an aerial view of the property. And here is a current photo of the site, showing two existing buildings on the top photo south of the site and, then, the bottom photo shows the view looking towards Chinden. Vacant. The Unified Development Code requires conditional use approval for animal care facilities proposed in the L-O zone. This site previously received detailed CUP approval for the building locations on the subject lot and adjacent lot in Hastings Subdivision. Also, a certificate of zoning compliance was approved for the building, shell, and core proposed for this site. Here is a site plan. The proposed building is centered over these two lots here. One 6,862 square foot multi-tenant building is . _ s~-. i ~~ ~,a j ~ ; K~: ,~ ~~m = ~, '~ 5y`, , 5 -,.i F ~' ~ ~a~3 ~ ~ ~"~? '. ~x ~ M;.iCZ. 'S~+t ayd`j~~ i ~~ r ~ ~'~ :T~ ~ T 1J Y ZN~44'i. ~ I { S ~r .~ 2~ it ~. ~~~ r ~ ~R, '/xYT j#C A ~~c-r1 ~ - T d` ~w2 ~. ..,~~, w ~ `, ~ i, u ~ z,~ta h . n •,ro- r.; 6c~,'{: } .rid L .-} is [,~ ~...~r _. ~~ - ' : i CSC x}~'~i ~v 4~ ~ri, Z h' t v ~{ r ~~, r 3r ~~, 1~ ,~ ry A'S 'ii rc..; ~~~ L~:i ,a t L 'i ~ ~ r ~~ ~ G ~ t [L " w • ~ Meridian Planning 8 Zoning Commission ~ `" May 3, 2007 ~ Page 8 of 62 proposed to be constructed on this site, 4,913 square foot of which is proposed for the `` vet clinic. The hours of operation for the proposed vet clinic are proposed to be from 7:00 a.m. to 7:00 p.m., Monday through Friday, and from 9:00 a.m. to 7:00 p.m. on Saturdays. Access to this site will be provided from West Everest Lane, a private street ~r running along the south here. Driveways are proposed within a platted cross-access ~ ingress-egress easement for circulation within the site. No new access points are ` ~~ proposed or approved with this application. Off street parking is provided on the site. Ten parking spaces are required per the size of tenant space. Twenty-nine stalls are provided, which exceeds the number required by the UDC. Here is a copy of the ~~~ ~: proposed landscape plan. The Idaho Transportation Department has submitted comments on this application, continued in Exhibit B of the staff report, and that request _ ~~ a building setback of 100 feet measured from the center line of Chinden for future ~'~' ' Highway expansion. The city requires a 35 foot wide landscape buffer adjacent to r _ ' entryway corridors outside of the required right of way. A 35 foot wide buffer currently ' . ~ ~ exists adjacent to Chinden, but it s within the area proposed for the highway expansion '' _ and will be removed when the highway is widened. Therefore, a new 35-foot wide `~ buffer will be required adjacent to the highway. Five feet of this landscape buffer exists "~ to the north of this site beyond the required 100 feet and a 30 foot wide buffer will be required to be constructed on this site, for a total of a 35-foot wide buffer. Because the .~, parking shown along the north boundary of the site is outside of the -- or within the ri required buffer area, the northern parking area is not approved. Their proposed building -.,; ''~' ~'~ location is outside of the area plan for future highway expansion and the required buffer ~. ~ area and complies with the required 20 foot rear setback required in the L-O zone. Staff is requiring that a 30 foot wide landscape buffer be constructed along the north `` ' ' boundary of this site outside of the 100 foot right of way needed for ITD for widening Chinden. Additionally, internal landscaping will be provided on the site per the landscape plan. Here is a copy of the proposed building elevation. The proposed '~; building and site are required to comply with design standards, because of the site ;', ~; location adjacent to Chinden Boulevard, an entryway corridor into the city. Staff has 4"< reviewed the design review standards and found the site to comply with the standards ~F'~'~~ listed, except for the following: The north facing building elevation shall be revised to include windows, awnings, or arcades that total a minimum of 30 percent of the building facade length facing a public street. An elevation showing the customer entrance shall be revised to include a five foot protrusion over the entrance for weather protection, as stated in the applicant's narrative. The proposed elevations incorporate modulations in '~~ ~ the facade, overhanging eaves, and projections. The primary building entrance is clearly defined. The building's design incorporates stucco in two different shades of -~ brown and cultured stone and mixed brown tones on the facade. Staff is recommending '~ ~ approval of the requested Conditional Use Permit as stated in the staff report, subject to the conditions listed in Exhibit B. That's all that staff has, unless the Commission has '~ ~~~ questions Rohm: Thank you very much. Any questions of staff? ~~ Siddoway: I have none. ~~ ~ ~ ~. ~x ~ ~~-.. ,,,,. ~~ ~~ ti~:•s~:: ~~k - ~x~ -t.~n~.~k ti ~i KjV F L ~[ r :: r b 5'14~tktf4±t5f r ~;_ ~ ~~ ~sb~'i:: t-CMS ~ ~~ ~N~~ t-:. ~J`."'fit ~ ~~4 L~U~,~ ys : 7~~; R + 7w t tH ~ ' ~ y A! 3 l'3 r *~ ,. ' ~'NS ~y~~~.~~ n 5 L F , ~` ~~ ~ ~ ~ Frf ~. ~ ,;; ;~ R~ ~~ r~ `s~. ,a " ~ c - ~ ~ t ~r ~ ~„,~,~ .; y ~ j ~ }l L „ ~ ~ w qty ,:~,~ ,~• { ~} ~ r c ~ ' ~~ 5 ~~XVh S N. ~'~i.'~'. x ~dr~ ~ ` ~ t.Q~ :~~.. ~ t, ~~ s~ va: ~,,. 7~ ~~ ~ } i ~ ~ I~'~ Ry ~ _ ~p~j4 t ~. :r ~ ~ kW~ia• `.'*C _ ~. .. ~,q~. ~-: ~2~~41~~. s Meridian Planning 8 Zoning Commission May 3, 2007 Page 9 of 62 :~. l{'~~ 4 I 4 ~ , ,::;._, ''~ ;_ ;~ ,, , ~~- ~F rc: Y .' ;, fir:, ':;' ~w;; >::~; ; <~; 5 . ~> f ~, *: `.` }•. ~. Newton-Huckabay: None. Rohm: Would the applicant like to come forward, please? Carter: My name is Bill Carter. I'm not with Falash & Ross, but Mike here is. I own the property. Rohm: Okay. Want to state your address as well? Carter: Sure. 10221 West Emerald, Boise, Idaho. I have had a chance to look at staffs report and I just have a couple of brief comments. The first page of the report makes reference to -- and I have talked to staff about this today -- makes reference to the site consisting of 1.57 acres. That is actually the entire office park that they showed, as opposed to just this parcel. I just wanted to make sure to put into the record that it was clear that the conditions here in the Conditional Use Permit, are applicable only to her parcel, as opposed to the entire site. Rohm: Okay. Carter: And we talked about that. I think we are good. I just wanted to make a note on the record of that. Rohm: Okay. Carter: Then, the other issue was the -- the ITD setback and the 35 foot landscape buffer that Meridian requires. You know, I guess our preference is to have, you know, have parking. Parking is always good and especially in a commercial use. A couple things to note here. I went back and looked at the plat for Lochsa Falls Subdivision 12, which shows the existing setbacks -- right of ways for ITD and they are showing -- they are showing about 65 feet total -- or, I'm sorry, 75 feet total of actual ITD right of way. Now, I think ITD would prefer to have more than that. They want a hundred from center line. They haven't actually purchased additional right of way, they just want more for future expansion. Now, to the extent that the city honors that request and, in tum, pushes their -- your landscape buffer back, it seems to me that some land here, then, is being taken without any sort of compensation to the landowner. Now, I don't know how you reconcile that, but if ITD seriously wants a hundred feet, okay, that's fine, but I'm just not aware of any document that establishes that they actually have a hundred foot right of way. I know that's -- that's what they would want in a perfect world, but they don't actually own it, and so it's just a little question, I guess, for you guys is how is that not a taking? I mean I don't know, but -- Rohm: I think that's an excellent question and, Mr. Nary, can you provide some dialogue and a response to that process that he speaks to? Carter: Do you see what I'm saying? It pushes -- it pushes your landscape buffer back -- in, essence, we are losing ground, you know what I mean? ~ `1' , dh ~~q,j~ , _, _, ~ ,1 i ~ - hrl C4~/~i,. ~ n ~'-: ~, x ~ '~`.' S.. ~n ~",t`- f k '~'~ , r- 1 ~ ~:~~ ~ N, t ~. F ~.a ilL t ~y-S r' ~~~ - s~F,rt{y,.; ~ ?~; s #~ -., ~' a 'a,; r 2 mot.: y ~~~i'." L .4' T ' ~ tt Y is tom.. S y s ~? ~~ r ~` LCD' ~~ ~. ~." .fix:+~~:_ x f , `~ vi _ ~i ~.f:~; ?~a ~~65 ` ?. ~ yk:,~, ~ r xjk', ,r 1 f> ,3? - c.~f v~' ~~. ~, _ ~ ;,'.{. - Meridian Planning & Zoning Commission °' May 3, 200 `,`~, Page 10 of 62 ;, , Nary: Mr. Chairman, Members of the Commission, you probably need to talk to your own attorney about that, but the right of way setback that they would like to have, the city in this particular application for this conditional use wants to honor that setback. R Your land is -- I mean if they are going to actually purchase it at some point in the '""~ future, they will purchase it from you. But all they are asking right now is to have that ~; ` amount set aside. You probably need to -- whether or not you think that's a taking or your attorney thinks that's a taking, that's who you should talk to. Rohm: And I think to expand on that, what we are saying is -- is we work -- try to work in concert with the other agencies in the area, whether it's ITD or Ada County Highway District or other agencies within our jurisdiction and if, in fact, we know that it's the .'. consistency that the hundred foot setback from the center line is ITD's desire, then, if, in fact, we ignore it and allow our 35 foot setback to be encroached upon that, then, it defeats the purpose of that all the way along. Carter: No. I understand completely the logic to it. Rohm: And so -- and I can't speak for the balance of the Commission, because ~:'; everybody has an opportunity to -- for input, but, generally speaking, we are -- I wouldn't ~. ~ say bound, but it is our desire to work with the other agencies that have input. That's ,,,~ ~ why they all feed into the staff report before it's presented to us the Commission. Carter: Sure. Rohm: And I believe that the answer that Mr. Nary gave you is if, in fact, ou believe Y }~ that Is a takin then -- ,. g, ,you your recourse wlll be to go back to IDT through your ~1~ process and see if you can get some sort of a recovery. ;;~ Carter: Sure. And that's fine. I thought -- you know, I just raised the issue. Rohm: And it makes perfect sense exactly what you're saying, but we are kind of in the position that we have to support the balance of the agencies that contribute to the project as they come before us as well. Carter: Right. Right. The good news here is it doesn't impact the construction of the building itself or the fire loop or anything like that and we have sufficient parking on site. So, I think we will probably be okay. I don't know. Mike, do you want to add anything? Okay. Rohm: All right. Thank you. Carter: Thank you. Falash: Commissioners, my name is Michael Falash. I'm representing Sarah Liddell on this veterinary clinic. Address is 150 South Adkins, Suite 140, in Meridian. Basically, ,fix; 'y. t I .e- a :eid - .:. {{mayy x~ .t s~ yi•;. - ~ ..,1 ^: ~z~,~%.`~ :l~.,n :: ~, ~:~^. :4 .~~ x` 7. „j~ i,"-.',r`;t ~ "'~'`3~ Ff :YF '~ ` '.:R^ :'/ ~`v.,v~~-.v4 i"t?de::.[.~ l:• ~ D-'.! ~L., I S S =C: S +Nut'Y•,; ~t;S~at•-, a. x„~, tJ; ~.. ,: ry I~~.'. , . •., xti. 1. , v, H, .. `sy,. :' •% • , - r. 1 a .`;;a;~>. I M~•'f 1 3a~dt .~ x M~^. i~. { l ~ i. 1 e~}y~ 4e ~ ~ ~. T~"+ae y~ " ~~~ ~i °'r '~ f~~~'a~,v~,:~^s,.,r;~i ..~_~~ s4,, 1. t ~ "~ ' ~ a' 1 ~ ~ '1 .~. i ~ J.r t. ~ Ti ~ P ~~• .z.~ `~~'9'-'%~," ;~a ,YL Y' & ~ k, n.I -.,G~'. .II ~ tt Y`.~..~ 9Y I s:.•;~~~s P 1,. . w4'..-. ~' ~:'1i~:. ~.# ,,,S,a Y•+•~~:R t 1 ~:.. ^eie<'~~a'.s~:i S ~h ../ T , } III ~ ?. ~l ry P~'S3LUb~#"4 1~ <, 1•;'• • 3T is I ~ ! '~'' ',..; F'.s~ ~ : y:,~ iya3 •. ~; ' ~ 3i1 '~ %'' '~~` 5~~ 1 ~ S .~ T~k - ~ ti { $.: .~` u t eh~,~Y ~vn' i} . V i KK ~. ~§ f~ Fes" .~ ' 1{ Ij ~Ie~ y.+.ft,;~y4;,"•pE~,:F,~gid t ~ 4: ~a ~,i s .+ficr :'sc ;ur~:~T-. ,,"~t ~,~. .t,~a'.;s,;~.`;?k;a7~4~'{if~.x ,i+ {I ~ II. I: .l , µ• ~'=~~•;„~y...~°~(" r~~ F~ ~.f fF F~ yy i r I ~ :.. 1 :'"T•. plc :S* •,in„ • C 4.. ~ V 1~' l ;.~~± ~.:: 'iS' III I 'i4^::<T.: -.^~', ~~ 'q.: j•{,•r^fti~ `,r~ )':. I }~i~ ~ ;`Sks `. ~. ]e.;Fj .• 4r ~ ~ ;``,~,, ~ :,,. ,f ~ ~ ,~* ,~,. .. v 9 :. ~* 1~ " f ~r~ .~v z ^je I I I y g sq ..: ,~ " x, e}:, -•.a ~'~ 'a ,T" x t ••. mSJi.~~ , •, '<< - -_ .~. .;.' I , , z J .. ,ir ,I f .•li ; . .. . :n , xx k.r^ l ~ - "%,?;,:d~ R - 3 ~ i .3' a ~z .~x3~'A'.': ~i+.~z?Y ~;~~y;~"rs'<"K ~` 45rk`^.?:,..Y;,k#f^';~Fn~-"tzy`w •~,. _ °!;i$ 1 g r~ 1. tlr_ .:t:°--.w~,y~a~,, •;~ffi.f~-'~'4 «:k'" ~,e:;;"w«~'.' . •; x. >. .~,~ nit":., t,. I ~.~. ^~ ~. I~~` .~, .,,*,. 'f <.:, .•. ..'~:', ~ }?: z's~.i ,s•4'h 111 II t,~ .• w.'4::' ~~ ~.. e+,= y.. :. 1 .,N¢',:; III •,Y . i .,y 1. 'fit ` ~,},. ~ x<S;:r. S V I -.A°:• wY,~' i . lY t ~ l : it k.. ~.~y......: ~~:~_ ~. ' x f ~` ~ Y +i. .,~[ ` wr: I t 3.'"' I ^ ~ .~.~.. d. F~~, i ~ 9r' ~ ~ •', ~ ` `,. -.+ ;j.. of ~~. :i+~r '`5'.::,, ti:?:,ki.; :"1.. t { 1 ~ ~t K~.„`,?f~~Q.S. `,S,- } 1Ft ~ f • I , 1~W~. ~~ .. ... 1 t ..e . I . I I ~ .. ..., .- >:_ ~r.r o ~ Meridian Planning & Zoning Commission May 3, 2007 Page 11 of 62 . `:_ '" < I'm probably more in tune to the conditional use on the a lication for Sarah on the vet h ~ ' ~` ~" ~TC pp clinic, the proposed site on that. We have designed the spaces to keep more and get ' everything within the vet clinic is contained within -- with inside the vet clinic. The _ ''~ ,; entrance is on the south side. All kennels are inside the building itself. So, everything °- z : ~ is pretty much self contained. I read through the staff report, I have no problem with any . . of the conditions of approval, other than what Mr. Carter has kind of gone through here `~ on that parking. Be nice to have that -- if we could keep that. It doesn't -- like I said, `{ ~~~ .,;. doesn't kill the buildin g -- stop it from going up and in the process of what we are going j. :~ , through on that end, but I'm kind of open up to any questions you may have of the ~~ ~~3' veterinary clinic and the conditional use application for that. :;,, `- :' Rohm: I have none, but -- Moe: Mr. Chairman? r Y tea' ;. Rohm: Commissioner Moe. _~~ ~~. ~" ~' r Moe: I, actually, have -- not so much for the clinic itself, but I am kind of curious what's anticipated to go in the rest of the space? ~'',.~ Falash: Well, her long-term goal is to expand into it. But right now she only needs 4,600 feet start up, new business, so -- but she sees the future, she knows she needs -- <k '~ ~ ;~~ she may need the space down the road. So, anticipated, I think, could be some office .~, or could be something along that lines. It just would be -- don't really know where that a'~;: would go, but it would probably be something comparable that's going in that -- the site as it is now. 4"~ :r'f ~ ; Rohm: An other uestions of the a Ilcant? Thank ou, sir. Y q PP ~ Y , ;: - ; y `' Falash: Thank you. 1 ; ~; ' ~ r ~ Rohm: Okay. Again, we do not have anybody else signed up to testify to this ~ ,~~ `:~f: application, but now is that time to come forward if you have got any input, we would welcome any testimony. Seeing none, could I get a motion to close the Public Hearing? ~~ Siddoway: Mr. Chairman, I move that we close the Public Hearing on CUP 07-006. "ir; Rohm: It's been moved and seconded to close the Public Hearing on CUP 07-006. All `~~'' =:~ those in favor say aye. Opposed same sign? Okay. t ~+ ~`~~ MOTION CARRIED: ALL AYES. ~n Rohm: Discussion? Commissioner O'Brien, do you have any -- _:`~ry O'Brien: No, I'm not too familiar with the setbacks and all that's required, so I -- I don't `.;tip know -- I wouldn't have any questions right now on that. ;,- ~;~:. ~._ ... ~;~ T ~. ~~,.~ .~ y`~'d ~'~~ ~~a ~:~ -r~:~ ~~ ; ~ ~~ ,, ,~, .~~',; =~, Meridian Planning & Zoning Commission May 3, 2007 Page 12 of 62 ' ~'- %~ . ~~ Rohm: Thank you. Commissioner Siddoway? `~ ~~'. ~, Siddoway: My inclination would be to approve it with the staff recommendation of a 30 _ ~' foot wide landscape buffer beyond the existing right of way and the -- it's a typical ~~ ~~ Y scenario that we are faced with, not just along Chinden but along all section line roads «~ , , whether they are ACHD's or ITD's, and as we have looked at other projects, other V` ~,4 subdivisions that have come through, we have typically required future right of way to ~~'' z; be set aside and landscape buffers beyond that and, then, the road agencies, then, still .: 3~ have to purchase that land as right of way in the future and that would be m y -- the ` direction I would recommend for this project. - ~~. .;~:~~ ,,~ " ~~ Rohm: Okay. Commissioner Newton-Huckabay. ~~ ~r,> _ Newton-Huckabay: I have nothing more to add. i ,;ti ~: " -' :' Rohm: Thank you. Commissioner Moe. t ¢~ ~~~ Moe: I would just probably agree with Mr. Siddoway on conditions and whatnot. The ~~~ ` only thing I am curious about the staff one more time, as far as any future expansion of ,~. '' ~` ~~,j that space, I assume that would have to be done by a CUP as well? : ~- Wafters: Commissioner -- or, excuse me, Chairman Rohm, Commissioner Moe, "`"' ,r Commissioners, if it's a permitted use, no, it would not have to go through the Conditional Use Permit process. ~~., ,,, Rohm: Okay. With that being said, could I get a motion on this project please? ~a , ~t ~`t:.? Siddoway: Mr. Chairman? ~~ .~. , r ' Rohm: Commissioner Siddoway. ~ ;~ , ~: '` Siddoway: After considering all staff and applicant testimony, I move to approve file ' t; number CUP 07-006, as presented in the staff report, for the hearing date of May 3rd, ~ ~~ 2007, with no modifications. And I further move staff to -- to direct staff to prepare an _~ appropriate Findings document to be considered at the next Planning and Zoning ~~ ~°'~~ ~ - Commission hearing on May 17th, 2007. -:,a~ Newton-Huckabay: Second. . t Rohm: It's been moved and seconded to approve CUP 07-006, to include all staff ~,`.- comments with no changes, and to prepare Findings of Fact for the next Planning and -. ,~: Zoning meeting. All those in favor say aye. Opposed same sign? Motion carried ~f '~'_"~ . MOTION CARRIED: ALL AYES. ~..' ~~ .~~ ~ ~" . .. -m ~;: ~_ , ~, . i'. r' .; ~~ `w '~1 ~; `a',x~ ~. ~ ~ ~. .~-; ~.=:> ~: `; ~, ~~~~ ;~. ~.~ ~. ;~ r; - ..;: ~ Meridian Planning 8 Zoning Commission May 3, 2007 Page 13 of 62 • i Newton-Huckabay: This will be a nice addition to north Meridian. Item 10: Public Hearing: AZ 07-004 Request for Annexation and Zoning of 2.48 acres from RUT to an L-O zone for Locust Grove Professional OfFce Building by Ruby/Edwards: Architecture + Design - 1695 South Locust Grove Road: Rohm: Very nice. Thanks for coming in. At this time I'd like to open the Public Hearing on AZ 07-004 related to Locust Grove Professional Office Building and begin with the staff report. Hess: Thank you, Mr. Chairman, Members of the Commission. The application before you is a request for annexation and zoning approval of approximately 2.5 acres from RUT to the L-O, limited office district. The applicant proposes to construct a two story -- you can see the elevations real quick. A two story, 21,000 square foot multi-tenant office building. The building will be designed to accommodate professional offices and medical offices. The subject property is located on the southwest comer of Overland Road and Locust Grove Road. The site is primarily vacant land with one existing residence and several outbuildings, as you can see on the aerial photo here. To the north there is the existing Maverick fueling station right here, zoned C-C. To the east vacant land, zoned C-N. And south and west of the site is the Sportsman Point development down here. The applicant has not submitted a subdivision application at this time. However, staff has received a concept plan for how the property may develop. On the submitted conceptual plan the applicant has depicted one access to Locust Grove Road right here. The driveway is located near the south properly line, approximately 440 -- not quite 440 feet south of the Overland-Locust Grove intersection. Because the applicant has not submitted a subdivision application at this time, ACHD has not reviewed or approved access to the property yet. ACHD will do so at the time when the applicant submits for a certificate of zoning compliance for the office building. Due to the proposed use and adjacent residential uses, staff believes that a development agreement is necessary to insure the property is developed so as to not negatively impact the nearby properties. Staff is recommending that the city limit the uses that can operate on the site to only principally permitted uses in the L-O zone. This recommendation is intended to protect the residential neighbors to the south and west from more intense commercial uses, such as restaurants, laundromats, animal hospitals, et cetera. Further, staff recommends that the hours of operation for business on this site be limited from 7:00 to 6:00 p.m. Additionally, the applicant has proposed altemative compliance to construct alanding -- you can see the landscape plan here. A landing at the comer of Overland and Locust Grove. Some retaining walls and two stairways which lead to a public plaza, which is right here, which are all to be located within the required arterial buffers. Per city code impervious surfaces are not allowed within landscape buffers. However, staff reviewed the altemative compliance proposal and is supportive of this -- the concept's landscape plan. Staff also requested elevations for what the future building will look like. Staff believes that the building generally complies with the design standards for office structures of this size. Staff is recommending approval of the Locust Grove office application. The Commission must - ~+.me+. - -. y , ~ w x n~~;~~t~~. C Fix E ' ' ~'ruL.~_}~~> 1 'S + } YF -,~ ~ ' ~ 'b'~GC S t~ ~ F ~~ lf } , t% t .r _ t k P.F*5~~' f t ..3 ~ Fi's ~. ~0.~ ~F~xL'°~S'~~;' • ,~ Y, r, ,~ ,~ a~ t ` ~ fi' " " ~ - `k'3c l ~ „tt.C ~,~1j~,, ~J ~ 5 i w ~ r ~ '.~ ~ ~~~ +. ~F h ~ ;~ :ti- ~ k~ `--' ,a`~ 'tip. , _ ~~,_ ~ ,~ ,x z ~~ ;~~- of r s:: n;. i { J Y~°-~ 3 r ~ ~ ~ i J ~1~. ~, ~ 4M ? i c ~a Y 1lu',:1 ~, F xK~.~?Fi ~. *~v v . ~~ P ~ i' ~ • { Y , y ~~ ~ ;~j~ r7 t / ,~,{ .. r a~+d ' • i ;r Meridian Planning 8 Zoning Commission _ ,~ May 3, 2007 Page 14 of 62 make a recommendation to Council on the annexation application. Although it is not on the agenda as a Public Hearing item, the Commission may also review and make ~, ~ T~ recommendations regarding the alternative compliance and the design review t ~ application, if the Commission believes it's necessary. And that is all staff has, unless ~ ~ ~ ` " the Commission has questions. ~4;, Rohm: Thank you. Any questions of staff? ,> Siddoway: None at this time. ~ ;~. ~~ ~ ~.~ Rohm: Okay. Would the applicant like to come forward, please. }, ~; Edwards: My name is Wes Edwards, with Ruby Edwards Architecture and Design. I ' ~ reside at 3486 West An elica Drive in Meridian. We are resentin toni ht for the ~ ~ ~~ ~ annexation of this property per the proposed use in the Comprehensive Plan. We are ~- • : trying to establish a building and a function that is becoming quite predominate along Overland Road with a lot of professional offices, doctor's offices, as you go throughout the EI Dorados and the Silverstone developments further down the road. This project ~~ ~; will serve as an anchor for this intersection, especially once that Locust Grove overpass ~ ~~ is complete, which would probably happen prior to this building being complete. We feel that this use for this site is a logical choice in this location and it is -- since it is ~'_~ bordered -- this site is bordered on all sides by the city, it just makes sense to annex it --t` " at this time. This use will also serve as a buffer between the residential zone and the commercial zone and serves as a -- less of an impact compared to other uses as stated .F by the staff, such as restaurants and gas stations. The other thing that we would -- we propose this for is that it puts a place of business close to where people live, so that ~ ~ ~ °- they don't have to work so far from home and that people can go to the doctor or a ~` professional service without having to travel too far from home. And, therefore, encouraging people to travel shorter distances in their day-to-day lives. Can you turn to ~ FMS=~- the site plan? Or, actually, the landscape plan would probably be better. The current site -- oh, this doesn't point very well. It has a weird thing in it. The site slopes about 3 eight feet at the greatest location. From the comer of Overland and Locust Grove it's ~" about eight feet higher than it is on the west property line and we are proposing that we ! ~~ • -- in order to get the amount of building that we are looking for, we propose to excavate ",~ down to that level and provide retaining walls in that landscape buffer and it will also be ~''4 serving to keep the cars and the elements of the site out of direct view from the ~: -.. ~' ~ residents on the other side of the fence. We had a neighborhood meeting with the s: `' residents and -- well, everyone within the boundary that was required and there was a -~ concern about the west property line, that we improve that, that we provide a new fence and the owner is willing to provide a new cedar or vinyl fence along that property line, as ~? ~,; well as some denser landscaping along that back property line. We have maintained '~ `" our landscape -- 20 foot landscape buffer where ever we are adjacent to the residential ~~ and as well as our 25 foot buffer on both of the arterials. I will answer any questions that you have at this time. ~~.. ~, r: ~»~ t - ~~ s ~, ,,,• 4Y L. . Y i. HI-,. . ~ ~~ ~ , ~ ! " M T' ~ ~ l ~ " ~~ ~~' XS,'• /~ ~~~. ~.~ i. ,rFi, ~. fiYi~.~~F ~ v r ~ Y ~~ ~ ~~ . F 'r ~s t ~ft } wy A ~~ ~' -~ { ~. ~ rr ITP, ~~~ a - h ~ i - ' : ' 1 ~ ~ ~ P~~C ~ . , y f.t +~t ~ti'~~ P,r- 5o i.fl,l~ti~: t.~ ,4 ~': S , ~~ d!•r ! ~ Z IMF t'.. Y~ 7 {{ ~ ~~~a C.: ti ~ ., r' 6 I v 1 r~ Z WF .~o-F.N~i ' ~ ~ t~ a ~~ ~ e ~ • ~; ~~ s ~ i i 1 i W V '`. s'F ~ ~ ~~., t :' R f ~~)~~~Y~,. ~ h,' ~' Meridian Planning & Zoning Commission May 3, 2007 Page 15 of 62 t. tr... ;'' ~. ~, N~ L-+:: ` ~~ i f ?s ~.' ~4 'i ^'i l #. ._ ,_, t ~,. O'Brien: I have a question. Is there any concern from the homeowners, people that live there, about the visual loss of the mountain areas, et cetera, because that's sloped down behind the building quite a bit. Was there any concern about that loss of view of Bogus Basin, et cetera? Edwards: I'm not sure. The owner was in attendance at that meeting and I was not and I'll let him speak to that if he can when he -- O'Brien: The building's quite tall and it's raises up already and, then, the land does slope down behind there -- Edwards: Well, it is within -- it is lower than the 35 foot maximum height allowed in that -- in that use. We are -- and that is just that high canopy that you saw on that elevation. The other -- the other areas are only about 28 to 30 feet tall, depending on which part of the building you're looking at. So, there is - if you were to -- if you were to excavate that extra eight feet down and build the same story building with a pitched roof on it, you would be about the same -- the same height. O'Brien: Well, I don't think we need to be concerned about that, I was just curious if you -- thank you. Edwards: Thank you. Rohm: Any other questions of the applicant? Newton-Huckabay: I'm just curious about the hours of operation. It says here that you submitted those. Is that a result of your neighborhood meeting? Edwards: I'll have to consult my client on that. They are the ones that gave me that number. Newton-Huckabay: Okay. Edwards: He can address that when he -when he addresses the Council. The Commission. Siddoway: Mr. Chairman? Rohm: Commissioner Siddoway. Siddoway: Wes, could you address the alternative compliance that you're seeking? Edwards: Yes. It was brought to our attention through our application that on the corner -- this pointer is not that good and my hand's very shaky. The edge of the building on the north and on the east are pretty much at the 25 foot setback. So, if you intersect those, they -- about where that arrow is is where those intersect. So, this stair ~.r ~ u~t » ~ e. ~' rr ` ~ ~,, ~l ~~~~- {~tr _ :~t4}7 5~ is 1 S{F Y ~ ~ f 1f f r"`~1~1.. ~Y j -'''ti ~, Ei~ } ~~ ~ ft rr;~~~~. ~' 4 ~x twaF' ~ ~, 4 ~. Y.ci~",;~ ~fi ~ ~ . . ~~~~r;: Tt:. i~4 ~Yfti`Y'i;~i- t l >' '~~~- T x s~: ~: 1 ~ ~ ~. N3 k ~ 5, ~~ ti~ k itl~ z •5' 3, ~{, ~ ' , r T ~ y ti" ~ a sn F Jl ,1 ~. {1Tj~,e., `~L s%t ~, i~sS`~ ~ 1-"k i r~~~ k;f ~~ :~ z~~' . x.% ~ {i3Kn ~r+~, t r' ~ V ~ ~ h, ~ ~ ~~ - ~ ~y ~ ~?~ K2.`3;1 i ~(~ ~, g~Z -.; • Meridian Planning & Zoning Commission May 3, 2007 Page 16 of 62 on either side and the landings of those stairs, are in -- inside that 25 foot buffer and -~ Amanda brought that to my attention that those are not allowed per the ordinance. But :.,gip we feel that providing the water feature in the plaza, providing pedestrian access for people that either are patrons of the building, employees of the building, are able to a come out to this plaza, cross the street to whatever commercial uses serve this ;~ ~" community, and be able to beautify that comer with some very attractive features and we felt that that was a superior use application than what was in the ordinance. ; Siddoway: Thank you. ;: `~I 5-:,~' Edwards: That also included the retaining walls. And the retaining walls were required ~i due to the grade. s:. Rohm: Okay. Thank you very much. Wendy, did you need further response to your >a question? 3 _ -' Newton-Huckabay: Yes, I do, please. `~~~~', Rohm: Okay. Would someone else from your group like to come forward, please? Eldridge: My name is Charles Eldridge. I reside at 25 -- well, our business is located at 2525 Stokesberry Place here in Meridian and we are the developers on this project. As far as the hours of operation, Commissioner Newton-Huckabay, we are not -- you know, we are willing to comply by the hours that are required in this zoning and, typically, the -,,~ medical office uses that we are meeting with currently at this time are day operations ~~ =~+~ and that's what we would propose. There is nothing that we are aware of as far as the night operation and I don't think that's allowed in the zoning either, so -- Newton-Huckabay: In the L-O? Eldridge: Yeah. In the L-O. Well, I apologize, I don't know exactly what the hours of operation have to be, but a rough estimate would be 7:00 morning to 6:00 at night. Newton-Huckabay: I'm just generally not a fan of applying operating hours to something like that without knowing what's going to be in there. That's why I was asking if it was a result of the neighborhood meeting. Eldridge: No, it wasn't a direct result of the neighborhood meeting. I think the neighbors that were at this meeting were more pleased with the fact that it wasn't going to be a service station or retail outlet or issues such as these restaurants. Those would be later operations. Newton-Huckabay: Okay. Thank you. -; ;._ Eldridge: Any other questions? ~~ ^C ..~ fc }; 1 q ~. f ~, ~ ~. ` Y ~'~~. s ~~. k r. .. mix. t z~ ,. ~'~.°'~., ~ - y,a r,;,.., - ~ ~ ~ gi y{^ ~ 1dZi`Ff ..> ~ i z 3 ri ;: q FF a.,.,~~ ,; _'C` ~~ ~ , Y 1 ~G i ~~. ~ ` 1' ~ ~.1 ~.~ / f '; !i . . ~ lyk'+f t ~ ~ ~;-t ~~ l 4 S ~ta Y !n , ~ [[ 11 { ' g ~ C~ ~3 ~ x 2,u~ i5~ 14 x? _ Y : r~` ' ~ !"lE ~~#~ ~ ~ ~~~ F~~ A ~ ~ ~iz Y.- Y~ :' .~~a-, fL3'P ~ v~ 'Y ~..yk r? i _. S, t '1, '~ttt } s 11 ,, F' F f 1` ~~ n ~ ~ Mr ~' s~ . .,f ,. . _ y . 4 t, r • Meridian Planning & Zoning Commission '?~, May 3, 2007 Page 17 of 62 N ~: Newton-Huckabay: I have no more. ~:~ Rohm: Thank you, sir. Okay. Mike Bussert. Did you want to speak? Oh. Okay. ' ' '' From the audience he said that he had nothing to add. Scott Holiday. And also ' ~ indicates same. And there is nobody else that has signed up to this application, but if ~,: there is anyone that would like to speak at this time, please, come forward. k= ~~ Vaughn: Commissioners, my name is Mike Vaughn, Sportsman Point, president of the ' ~'`` ;, homeowners association. We have no objection to this rezoning, as long as the ' ~~ architect and landscape does not offend the neighborhood. What we are worried about ~ ~~' was the grade, which we further discussed with them and they said there will be an ~ :'~ architectural meeting later. As far as the view, we have -- that's not been an issue, it's * `~:: more been concern of the view into the backyards of the homeowners that are adjacent ., ~~; to this property. The other concem is, of course, the grade from the road coming down into the property, because that will be a very steep grade, because as they are saying, "` ' it s eight foot down that they are going to excavate down to get down to the level of the y ~.{. ~ , fence on the existing properties and so when they take it down like that it will be no ~, ~ bigger than a two story house in our neighborhood, so we are not concerned about that .~,; view. So, we have pretty much accepted this, as long as we still can work out some ~{ ~~° architectural designs with them to lessen the effect of the back yards of the neighbors ~, and individuals. ~, t;; ° Rohm: Good. Thank you. Appreciate your input. ' , Siddoway: Mr. Chairman, I have one question. K=; ~ ~ j ~~~ ~ Rohm: Sir, one question. ~'E. W \'.• Siddoway: Yes. Are there issues that you're saying you're still needing to work out `` that -- ~: Vaughn: As far as the issues, it's just -- we wanted to see how that grade -- how that driveway is going to come down to that grade, but from what I'm understanding, there is still some ACHD approvals that got to happen on that. <~ Siddoway: Okay. But in terms of the building elevation itself, you don't have a "` ' particular concem? ~` Vaughn: That's really not a -- t ~y Siddoway: Okay. ~~>. y~ b~ Vaughn: They come in and beefed up the landscaping to give us the buffer that we are '`' looking for, so they agreed to do it then, and stuck out with us. The other remark about the time, that was mentioned in the homeowners association, that it be a day business ~4 only, and that, you know, that was brought up, that it -- the L-O zoning is, you know, i I :~, < ~ < Nj~~ ~ _ ~ ~R a6 ~ ~~ ~} ~~ ~~~~ , ~~a"' i q $ Y ~j NY.. Y ~ ~ y~- ~ ~~~k ~~ :, t. k k j'+ ~' .i S t' r C x 1 +L jy ~ r 1M~~ ~ ~~ h •~+ L l`~~1G ' ~ 1r ~ ~ v s 6~ ~ K ...~ ~~~, •, yC ~r> LLcr yj . ~ ~ ~ I ` ~. 3,. ~E~ , h t ~ '4Y ./: ~M1 : A~ ~ y ; y ~~~xl, ~ . } `5 , F r ~, ; ,e ` j ~ ~ F ~ dPp ySr~ l h f~ ~ ~ y I F f ~ ~iY; ' ~ ~j~; ~ ® • ~ Meridian Planning & Zoning Commission };x ° May 3, 2007 Page 1 S of 62 ~~ .~:. . daytime only and it's not going to be 24 hours a day. So, that was very acceptable to - ~ ~ the homeowners that are adjacent to that property. We just didn't want something like ...<, N : ~ ~ the Maverick being 24 hours a day and the lights being shining in our backyard like it is today. a -¢_ f c T Newton-Huckabay: My comment is driven by the fact that, for example, I generally go ~' `=~-' ~. to my dentist somewhere around 7:00 p.m., because they are open until 8:30, and so -- ~ ~''~, and I -- you know, they provide a service that way and more and more service providers ,'I are going to be offering services around hours that work for working professionals. So, I n~kr; ~ think that that's more what drives my -- my lack of desire to put 7:00 a.m. to 6:00 p.m. ` ~ ` ° and lalso -- my family starts their day somewhere around 5:00 a.m. and so -- ~<. _~~ ~ Vaughn: Yeah. I agree with that, but -- I k'~' Newton-Huckabay: But I agree with you, 24 hours is not appropriate. ~~~~~ ~I _, --: Vaughn: Not appropriate in that type of -- ~'. _ ~ "f ~ ~ Newton-Huckabay: No. And that wouldn't be what I was looking for. ~: r t Vaughn: We would be fighting that, if that was the case. ~, r` , ~~' Newton-Huckabay: Correct. Yeah. No, that would not be what I would be interested in. ~ ~~ '' ` Vaughn: Any other questions? Oh, there is -- I noticed earlier on the L-O zoning you °'' allowed a veterina clinic. Would that be the same thin ry g -- would that type of environment be allowed in this -- I , ~ ` Rohm: I don't know. I'll have staff -- let's get staffs input on that. I~ . ' ~ : :. ;:_ Hess: Mr. Chairman, Members of the Commission, that is a -- with a Conditional Use Permit that would be allowed. So, they would have to come in, which is another ~ ~: ~; hearing, where the neighbors would have another chance to speak on the issue. ~F ~ ~ r Vaughn: And, then, there still would be an issue of architecture. So, there still would be i another hearing for the architectural design on this property or is it -- ~:~ Hess: Mr. Chairman, Members of the Commission, the design review is, actually, at the ~~:, staff level approval, so I guess that's why we are addressing it here at this hearing, so .- that the Commission can give input on it as well. ~' Vaughn: Because I was under the impression this is annexation and zoning, not an architectural design, so -- Rohm: That's correct. And the fact of the matter is is if we are going to have an opportunity to put any limitations or have some control at this level, it's at the point of R y;: 44 I M C .~' 'fn ~ ~ ~ ~ s t't '..1 t~~ E 3 1 `'- I } I +1`~ ~ h~t IS~ f~ ~°i'Ei~ '9 ~Fa!' ,.~~' ~. ~ i `~"t ~ 4"` ~_ ~" .'# .f. . ~ 'G; w . ,: ~. .... vs ••.~ 1 {i a ,F~ l~j?->°Ft,~.1 •c^y"a+, fk i ; ~~.:.:y y,•,.~:nY~:&~`..v .... .. :. ... .. ~'`~i r ¢. ,,\~y'{';~,+":.''i `r j,~fi.`d°,; 'r~d..•,+~, `kF ' j. ~ ~ S 4 .r y~~.. ~#~•~ ~:.. ''w" e .' f , .. . 1'e ; J r . '~s YP ~ f w ^ l ~ ` am ~,,!Jy,y ~. f yJN W'+! Y'' 1~ ~i'r'N"r1}°/`~y4 4'i~ ~h? F~ ~~ ' ~- W ~ I ~ r _ ~ 9n : ~" ~ r. C k 1 } I ,a i..r a .}.. y .^~=4.t~.zA~^";'':t p.C'+?: :7f`:~~, e`-`fn' 7.%% . r -.~ } ~~u , :,~ . 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A ~ s . ~ • •'f a', ^a ~~ ~ ~ . . x i Y ~ x •R, •h1s Yr, f~5 ~p I . '3~~•4'oQ.y`3 G - ~ a' ~• ~ V ,. lr ~ ~~+ C N k7'. ~. ~. n'13~' I ( e ?t x y~ y ~~ 1 ~,~ •' •st ,r i 1~ •,F 9.9~ r • ..pF. '' ~ ,;kt, ca ti a r': W e ~ ~. ` ' ~ ` ~ A • • . 4,.•rn '~n.V ~~t e^+ tip to ~} T y ~ II ~ ' . :. r .« +:.::: ~~£i~ ~ I• t~'. •• `:dpp°.. S , r f om ~!' 1 4 .~ ~F .~ ~ t ~ hK;t k :a' r, =~ ~ '.~;1 3- ~ '-,I ,.; v'^~~ ~.,~. ~~ - ~~ i ~; ~~,~~,~. ~:~ :~ Y~. '~. S ?~ ~~ ~z Meridian Planning & Zoning Commission May 3, 2007 Page 19 of 62 annexation, because we can stipulate that they adhere to their conceptual landscape plan and their elevations as presented in this application as part of their design review process when they go in for their building permit and so, basically, even though they are not making an application for structures and the subdivision per se, at this time we are setting in motion those things that they will need to adhere to, like the landscape plan and things such as that. Vaughn: Okay. So, that does bring up a point. What if ACRD does not approve their -- their entry -- driveway entry and they have to come back and change it to a different format? Does that mean he comes back through here for a hearing or -- Rohm: Well, as far as -- Vaughn: Do you see what I'm saying? Moe: Mr. Chairman, if I might, and the staff can correct me if I'm wrong, basically, in regards to either the alternative compliance or the design review, that this body can give comment and any recommendation and whatnot, but it will go to Council before approvals and it will not be approval through this body. We can give a recommendation to Council only. Rohm: And, then, the staff does the design review on the structures themselves. Vaughn Okay. Thank you. Rohm: Thank you. Hess: Mr. Chairman, Members of the Commission, just to address that ACHD issue, keep in mind that this piece has no other opportunity for access, so there will have to -- ACHD will definitely have to grant them some sort of access, whether it's aright-in, right-out only or if they decide to do a full access, they will require access. There is no other option for them. Rohm: Exactly. And thank you. That's a good point. Okay. From the audience it looks like we have someone else that would like to testify. Dartell: Gene Dartell. My property is where the driveway comes down -- is the back of my property. Nary: Address, sir. Dartell: 1728 Labrador. Nary: Thank you. r~ i ~;r;~az y 1 ~ ~3 '. H. _. ~yC 1 :~ ~ Y-0b! ~. ~ ~3 f ~~~ f ~'~^µ~~~~, ~ ~ h >' f S ' r'~t yy T{~F Y~ ~ ~X }~ _ ~~~.. _ : ~'.a r~Y~ + ~~yyyy .~ ~:F ~ ' - r h ~ ~. lT V: . r-~+ ~ : rt ~ '~.~ r y' L ' Y , 1.t )~5~.. ~ - 11'~t _ J h. .. t fr~f . ~. H .i ~~~ ,~~'~ 4. a~ , .~+. r c r ; .:k r ~t ~ ~ 5 ~~2: y i ~~'. r~, e ~`2 F ~'1''~~ t ~~ A '~ tii~ ~3Sf ~ ~"~[` ~ ~~ ^C~'. a,.¢ ~ ws > r ~~ ~ / ~ ~ 1 4 ff ts~ ~, I' z. ~- hy~ - fli,~ v: -,~i. r- i 3 l -5 Meridian Planning & Zoning Commission ~:~;" ? ~! ~ May 3, 2007 Page 20 of 62 ,. Dartell: And what I'm concemed about is the grade level of that parking lot, whether it ~,.;4;~ be the grade of what our property is right now, the back of our yard, whether they are going to raise that grade or what, because the driveway coming down is going to be a >::: rather critical grade there, there would be a short distance to drop that on the grade and ;.: which is going to happen, as any lights coming down are going to be coming right into .~:r my living room at all times, because lights are on cars now. I'm a little concemed about ~~~ : what -- the level of that and I'd like it to be put in minutes that we -- that this has been questioned, the grade of this parking lot, as to the height of it, whether it be raised or ~~--~~ which would bring the parking lot up and the cars would be more accessible from our ~''~ viewpoint and I just thought it would be a good point at this time to talk about it as to ' how -- what type of buffer -- and we are not against it in any way, but we would just like ~ .' to know ahead of time what -- what the plan would be. 1 ~ t Rohm: Okay. Thank you for your input. Okay. Is there anyone else that would like to testify for this project? Y`' ,-. Bussert: Yeah. My name is Mike Bussert and I live at 1700 South Labrador and I live right next to Gene and my biggest concem would be to try and put some -- some type of trees that you can't see through in the wintertime, you know, you buffer that up a little bit ~= and I know that they are talking about doing, but that would be my biggest concem is °`~ k trying to block it out with a berm and some -- { , ~ Rohm: You're talking along their west line? -. fi- Bussert: Pardon? ;1 ~. ~ .~~ ~ ~ Rohm: You're talking along their west line? ~-: ~ ::~~`~ Bussert: Yeah. ~ Rohm: Okay. Well, the pointer is -- ~; . Siddoway: It's on the chain. Bussert: Yeah. Right along here is where our property is. This is Gene's place and, then, this is my place and then -- but putting a lot of trees in there that you can't see through in the wintertime, so that when there is lighting back here -- our bedrooms on the back of the house are right here, so any families that live there with kids, I mean we would want them to try to get some sleep at night, too. I'd like some low lighting -- I mean that would be a concem, you know. Rohm: There are ordinances that address lighting and the contamination to adjacent properties. Bussert: Okay. That's just mainly my concem. ~~` 1~ r~~ ~- ~~ ~~r~~ 1, 2... ' ~.~ F, t k~,l+~ ti~ !i'r~ ~S J1 J' i., '[f A' ,'` T. 1 k f yt ~j ti .LL C J ~i- } r ~ ,~~ ~.. ` ~ M f ~ ~ .. ,h'.,. '` 1 t i~f'. ~~ . ~ ~tiy~~ . rrr .^, rpi r r~ ~~ k i vk K •• t.Fi b~. ~r ~ ki~~,,o5~~.- i 12 ,1~. ':r ~~ ~ 4 ~r t~j~: .~ C ]S''~'c~ ~ C ~i '~ ~s< g ~~ . _ F ( ~ 7 .~ #~~fp~r'' hx 31~ ~. , ~ t t ~ t~k.~ ' 2 91' : y ,r F Meridian Planning ~ Zoning Commission ~H ` May 3, 2007 Page 21 of 62 ~~ ~ `~; Rohm: Okay. Thank you, sir. Any questions of this individual? Okay. Is there anyone ,;:; else that would like to testify? Okay. At this time would the applicant like to come back ~ up and respond to any comments offered by the -- . -. Edwards: Do I need to restate my name? ,3, s ~ ,~~y.:` ti Rohm: Please do. ;} Edwards: Wes Edwards. 3486 West Angelica Drive. We appreciate the concerns of the neighbors. At this time no civil design has been performed to design the grading. . t; ' At this point it's just a conceptual design. We do understand that there will be significant ~~~ <: grade coming into the site and it will have to maintain the minimum standards required ~~ ~ `= ' by code and for -- for storm drainage that is not excessive coming into the site but we _~; ,: ~;; , do want to drop that grade as quickly as possible, so that we are down to the level that ~-~` ~' ~" is not disturbing the neighbors. And the landscaping along that line will be -- the it f hi h ~r:, major y o w c will be of evergreen nature, which will be -- will grow in a vertical -- there is a juniper that grows vertically that will provide the screening there that they are ~`~~ requesting. I'd also like to readdress the time frame that you -- that you had concems .:-~ about, Mrs. Huckabay. If my memory serves me correct --Amanda, was that a line item t on the application we had to fill out the hours of operation? w ~ Hess: Mr. Chairman, Members of the Commission, yes, he did offer those hours of f , '; ~. operation on the application. y- _~,. ;x '^ ~ "` ~ ' dwards: Yeah. I think it was a required line item. And so when we submitted our ~ ~ application, we anticipated what those might be. Since it was a request on the ~` ~ . ~, ` ` application we anticipate -- that was just an anticipation of what -- and as our -- my > :'~ client has stated, that those are not objectionable at this time. But if the Commission y ~ feels that those need to be adjusted, we are open to that as well. And if there is any ~, .,,~{ other questions at this time I can address those. ~, ~~ ~ ' ~~ ,~ ~;~i Rohm: I think it's pretty well covered, but there may be additional questions. ;:.~~~~ Commissioner Siddoway . ..; r ~ Siddoway: One question, Mr. Chairman. The -- just to clarify on the record on the issue -~ -- I believe it was Gene's question about the grade. As you meet Locust Grove, you will ~'' ~ have to -- you will be at existing grade there. r ; Edwards: Exactly. P.3.' 39 -:;~ Siddoway: And it's probably safe to say you will not be filling or raising the existing • ~ grade at all. If anything, you will be at existing grade or lower; is that right? ~~ ; ;,. ~~'~'' Edwards: As soon as we -- you know, about this -- the faint line right by that tree -- that cuts through those trees, we will probably have a grade break right there and begin our a`: ~ slope down into the site at that point and maintain our maximum -- y I, probabl our ~~ ~ ~ ~~~~ ~ fi~ ~~,j:s ~:~v F . n~ . tkt ~' '~;-; - ~ w. -' k-.,: 73~~k~~"' ~: i ~ y~~'~ FF~ - ty~%i 5.7t~. ~ ~p~ lA ~ i .; ~ ~ ~,. E _ ~Sr.-1 .4' 4 ~~ }~. o ~h - t S '~ 1 L': Y y ,~ ~f tt 1 ~ 15 `'.~:' ~ f~ ,~~,: y { { 1 '~~' ~ ~ ' F , ;~; ' p IRAQ. 4' r-F . ~~ I~t _.. R A'f.a0~. ~'., a~'i,. ~ Y f~" r s.- u wi.,~, '' v~-~ , v qtr r.,;: ti, s '%a .'` :~~t ~ w '' ~ ~~ Nr~l<:,ff''l a ~`r ~ ~ t ~~ y ~' ~ K' . - 3 ~ ~ ~ s . F : ~.y. i R ±~~. Y8 t~ .. ~ ~ ~.~~- )'i ~ ' Y j',' ~'r~~eY y41C .r. 'I. ~st ,. way':, ~ a~~3:'~7 ',~:, '. ~~ ~:-~~ ,3~;<_; { ~: ~? ~: ~~:: L '. ~ r ,. Meridian Planning & Zoning Commission May 3, 2007 Page 22 of 62 maximum slope that's allowed, probably about a five percent -- you know, four to five percent grade coming down into that site. It will be steep, but it will be navigatible or - you will be able to drive it. Siddoway: Thank you. O'Brien: I'd like to bring up a point about winter driving, the slope of that grade, of ice and snow. To me it's a hazard to -- Edwards: Well, you -- O'Brien: It's a sharp tum, you go down there and you got to make that tum, you know, I just have a -- Edwards: Our en ineer will g be very cautious of that as we desi n thr g ough that and make sure that we can perform whatever maneuvers they -- cars need to at that grade in winter driving and in any other conditions. O'Brien: One other point. How close is that -- that south exit or entrance there to the canal? Is that further up a ways? For the irrigation. Edwards: It's my understanding the irrigation is quite a ways away. O'Brien: Okay. Okay. Thank you. Rohm: From the audience it was noted that the canal is two blocks further to the south. To the west. Edwards: Between Sportsman and Labrador. Rohm: Okay. Yeah. Thank you. Any other questions of this applicant? Thank you, sir. O'Brien: No, but I was referring to the canal cut as it crosses or goes underneath Locust Grove. Rohm: Okay. That's what I thought. O'Brien: Thank you. Edwards: Thank you. Rohm: Thank you. Okay. Is there anyone else that would like to testify to this -- well, really, we already had the applicant respond so I think we are done with that. Could I get a motion to close the Public Hearing and we will have some discussion? ~~;; Qz i u>, ~. ;:~ a~ .<. t ~. ~N -. `~ $~` . .' ~~ ,: r,; _: ~4. ~, ~T,.... ..5. ~. ~~? ~~ ;: ~;<; , -: ~` >;.;. ~~ ~. ;.i. ~ ~~ +'?;' p- t i Ey =ti i y '. f (. ~ t ~~ ~ 5 ~ x'. ~'`; iti.. i ]. CC ~)) .1 f Y14.' ~y~. a '2: ~~.i. Y ~ r -`~ ~+, .d i` x - to $ .~~ i { et ~F ,. _ < ~ -~c ~ ... t . fi^~y~~{. eft '~ ~ -~ fij* +1ia,.. S~ v:: ~-t ~ .~~+ 7r ~k: ~ f 4Fr..+v~+'- ~i*4,,- ~ ~ ' ~ l ~ z~i~ ~ c1 az I ~'. arm ~x ~'~ 3' .,"" fi t !Sf ~ ^y ~ , ~ ~~ ~• .y ~ ~~~ 7 , ~ 4 C ~%~ ~~'\C~Ct t v ~ 1 - ~ '~.y,i ~~ ~ i' "F' ~ ~. ' 4 fry F, ~.JI ~ 7~ ~tiY '. ter ~~" ~ . . . {, !. ~. ~~ 4 n~~~~ f `~ i F~~:. Meridian Planning 8 Zoning Commission May 3, 2007 Page 23 of 62 C Moe: Yeah. Mr. Chairman, I move to close the Public Hearing on AZ 07-004. Newton-Huckabay: Second. Rohm: It's been moved and seconded to close the Public Hearing on AZ 07-004. All those in favor say aye. Opposed same sign? MOTION CARRIED: ALL AYES. Rohm: Okay. Discussion. Commissioner Moe? Moe: Mr. Chairman, quite frankly, I'm -- well, what I see tonight I kind of like the whole project. As far as the zoning, I have no problem whatsoever on that. I'd kind of like to just speak to the alternative compliance and the design review. I think they have done a real good job, quite frankly, of what they would do out front on the corner there, I think that's going to be very attractive and I would definitely recommend to City Council that they approve that. I think that's going to be a real plus out in that area. As far as design review, again, I think they have reviewed other structures that are being built on there and I think that's going to be a definite plus to the neighborhood out there as well. Concerns from the neighbors and whatnot, I think that the applicant is going to take care of that as far as elevations and whatnot. I think your neighborhood as far as line of site and whatnot into your yards -- I think one of the folks already made a statement it will be similar to a two story home and I agree with that. I don't think it's going to be intrusive whatsoever. So, having said all that, I definitely would approve this. The only thing I would probably want to change would be the hours of operation. I would probably take it from the 10:00 to 6:00, I would probably take it to 6:00 a.m. to 10:00 p.m., which is pretty standard to what we have done in the past for office buildings. So, that would be what I'd anticipate wanting to do. Rohm: Thank you. Commissioner Newton-Huckabay. Newton-Huckabay: That's -- my only comment -- historically when we have imposed hours of operation on L-O zone it's been the 6:00 to 10:00. Somebody has to police that at some point and I think it makes it a lot easier to police one set of numbers, rather than multiple and I think given the society we live in today that limiting a business operation from 7:00 a.m. to 6:00 p.m. isn't really reasonable and so I would, myself, be more in favor of going with the standard that we historically recommended, which is 6:00 to 10:00. It fits all of the office uses. That's the only comment I would have. Nice project I think. Rohm: Commissioner Siddoway. Siddoway: Without belaboring it, I would just say that I agree with both previous Commissioners. I would -- I like the project. I like that it's not a -- a cookie cutter box, it's got -- it's a building that's got some architectural design to it and addresses the site well. I like the way it addresses Overland Road and I am in favor of the proposed ~. -::; ;~~:;; i :~ Meridian Planning & Zoning Commission May 3, 2007 Page 24 of 62 alternative compliance. I would also favor the change to the hours of operation as previously mentioned. That's all. Rohm: Commissioner O'Brien. O'Brien: Yes. I have to agree with all the rest of the Commissioners. I haven't lived down in that area for quite a long time, but it's a really good fit for a business and I'm really glad to see these type of things coming to the south side of the freeway. Have been waiting a long time for businesses to come in there. I also want to reiterate the importance of working with the homeowners that live around that area to make sure that everybody's needs are covered as much as we can within -- within their rights and everything. So, it's really really important. Glad to see that that's happening, so -- Rohm: Okay. Thank you. And I guess in conclusion my comments would be just back ,,: to staff, do we need to add comments in the form of a development agreement addition ~~~ ` to the staff report in order to incorporate some of these things or is -- or just change the ~, hours of operation as stated in the staff report? ~~ ~,- ~,~ Hess: Mr. Chairman, Members of the Commission, I do have a couple of things just for ' the Commission to note and I will comment on additions that will need to be made to the '`~ DA. Currently the -- in the L-O zone we don't have a limited hour of operation, so I don't -- I mean it's at your discretion if you wanted to limit that to 8:00 to - or 6:00 to 10:00 or ~``' 7:00 to 6:00, whatever the applicant had proposed. Second, there is a stipulation in a r<'~~ development agreement that states that land use buffer at the west side should be ~; ~.` , constructed in accordance with UDC standards and we do have a requirement that d-~ -,: states that all trees must touch at maturity, which will provide a pretty decent buffer, you ~''~~ know, somethin to screen for the nei hbors. But the last thin es, the staff would ~~; , 9 9 9 -- Y like to see added to the development agreement was that the applicant offered fencing '` and currentl there was nothin ro osed on the landsca a Ian, but since he ro osed ~:~~ Y 9P p p P p p •~'~~~ it and the neighbors have requested it, then, you would need to add that as a condition ti~r: ~~ ~; ~ in the development agreement. ~ Rohm: Okay. I think that can be done. ~4 ; '. ~'~ ~- t ,_ ~~:' ~~-_ O'Brien: Chairman Rohm. I'm sorry. So, the question I have of staff would be these -- the shrubberies and trees, et cetera, that you plan on planting there, sometimes they take an awfully long time to grow. What is the thoughts, then, on planting mature trees - - because (wouldn't -- if I lived right behind there and waited ten years for something to grow together, I don't know if I would be that happy about it. So, is there something we can put in the development agreement to insure that that has a reasonable amount of time to grow together? Hood: Mr. Chair, Commissioners, Commissioner O'Brien that certainly is at your discretion. I mean, again, the applicant offered some type of arborvitae or something -- ajuniper that would -- at maturity maybe an eight foot tall, that way you have something above the six foot solid fence, but in combination the six foot solid fence is going to ,s ~k ,, ~ , ~~~ ~ ~ SK c~{~-: i ~ $ N ~ ~r ~ ~ ~ ' , , vi . r ~,) ~{~.~. y~ s t, n~k 1 ~5.~~ ~. t ~ ~ r ~l7 ~~~. ~• M ~ ~.~. ~ 1'~C ~~A '~ ~ T~j ~,~~~•~ YhY I }~~,,,~ a Y1~i, S J ~ ypT{ T ! t ~ T i '~h ~ -. ~y3 ~ • ~'„ 1~~. } 3'~F ". ~ ~'t f~}11k ,?}* x . i5i5 '1 i 1 A~' i ~C „ ,.. ~, .~ 74 ~~ k '7, tti as :~: ~5. ~~ r, 'r' '>~ r ~ ' ~ ;~ + - 1.~ t~ ~ti~s~' ~ ,.t,~ , . 3„y 4F , , 1 ~~', 4 ;,. ~:;.: _ :,.:;~I 1y~ ';; ~~ ~;:t ~.~ ~I 'y} <r; . ~~ . ~~'~''~ ,~ :f ;; ~; ;:.~ f ~_. ,.~; ~ ,~~ x~_ ~.: Meridian Planning & Zoning Commission May 3, 2007 Page 25 of 62 screen anything up to six feet today or as soon as they get that put in and it will take some time to grow some mature trees, but if you want to see our minimum for an arborvitae is six feet at planting, so if you wanted to require an eight foot tall, just so you have an extra two feet of screening there, that is certainly something you could require, but we are looking at maturity for the most part. O'Brien: Okay. I don't think we should be in the business of making requirements, but I think it's something that the homeowners would have to agree with the developer to whatever satisfies them -- their needs. So, that's where I'm coming from, just looking out for those folks. Moe: Mr. Chairman? Rohm: Commissioner Moe. Moe: Question of staff in regards to the fencing. Was there a type of fencing that the applicant was agreeing to install? Hess: Mr. Chairman, Members of the Commission, I think he had mentioned either vinyl fencing or a wooden cedar fence. Moe: Okay. Rohm: Okay. All right. Newton-Huckabay: Mr. Chair, I just want to clarify something regarding hours of operation. I'm aware there is not a requirement and my point being is that historically when we have applied hours of operation, we have kept them at 6:00 to 10:00 and so I more am in favor of consistency if we are going to apply hours of operation. Rohm: And I think that we can include that in the motion as part of the development agreement, so -- and that's an expansion from their original hours requested, so it doesn't require that they stay open, but it at least gives them more flexibility. So, I don't think there is any opposition to that. Moe: Well -- Rohm: Commissioner Moe. Moe: -- I guess I would just make the point that the simple fact that even though it's not a requirement of the L-O, with the location of this facility and whatnot, I definitely think we do need to have hours of operation in there and 6:00 to 10:00 is what I would want to anticipate seeing in there and just possibly being the maker of the motion that I will be doing, I will be wanting to require a six foot vinyl fencing along there. And I have no problem with the way the report is stating for the landscaping at the present time. So, I'm just looking for -- we take care of the problem for screening with the fence and I'm N ~ ~:~ ~~.~~: ' ~•~ i' wf~h~ . y h K~ ~ ~ }.~~+~ ~ } pC y y ' ~F ye _. t ~t t !~'"`~' Y ! ~~, ki Viz.. ' a ,} 'v y • ~~ ~, , t •r ca • t ~ ~~tt`f~.._. ~L i. r ~ ,~,~-~:. ti ' "~' Y p y ~, 71 ~~ 1:'K~"~ ~W ' 1 y ~ F ~ .•~ ~ , y ~ ss r i ^,_ ~ kr ~;% r ,~ ~ • Meridian Planning 8 Zoning Commission May 3, 2007 ~~~;' Page 26 of 62 glad to see that the applicant had offered that all along, so that was in pretty good shape. So, if there is no other questions, then -- ,;V O'Brien: I have -- just to respond to that, too. If the grade is going to be dropped down „} by eight feet -- is that -- Nary: You can't get more information from him. O'Brien: Okay. So, it's going to drop down six or eight feet and the fence is going to be six feet behind it and there is a one or two foot difference from the roadway, as cars go out, the lights shine on the houses, you're going to -- it's -- well, my point is to staff is that it's not going to be an immediate six foot fence, you're going to still have some ~, lights that -- car lights that are going to flash into those homes. So, my concern was -°` , ~ trees that are fairly mature to be placed in there. Maybe we should make that a part of ~.; ;~ our recommendation. Do you see what I'm -- follow what I'm trying to say? t' Moe: Yes, I do, but at the same point with the type of trees and whatnot that the are ' t. ~ y planning to put in there and whatnot, those are -- they grow rather rapid to begin with. ~;:~ :r ~~ ~j , O'Brien: What type of trees are those? ~:~;x '- 3 Moe: Well, they are looking for a juniper or an arborvitae and whatnot and those grow awful fast. So, I think, basically, as the application is written I think it's fine. i O'Brien: Okay. All right. Thank you. +:~ Rohm: Commissioner Moe, I believe you're ready to make a motion. -,~. ~~~ ' Moe: Okay. Well, after considering all staff, applicant, and public testimony, I move to ~~ ` recommend approval to the City Council of file number AZ 07-004 as presented in the ` ' staff report for the hearing date of May 3rd, 2007, with the modification that I do want to put a stipulation of operating hours of 6:00 a.m. to 10:00 p.m., as well as require the applicant to provide a six foot vinyl fencing -- I guess that would be at the west property line -- south. Excuse me. The south property line there as well. And I guess part of my motion I would say that I would also like to recommend to City Council of approvals of ~w~ the alternative compliance and design review as noted in the report. End of motion. O'Brien: Second. Rohm: It's been moved and seconded to forward onto City Council recommending approval of Item No. AZ 07-004, to include all staff report with the aforementioned modifications. All those in favor say aye. Opposed same sign? Motion carried. Thank you all for coming in. Appreciate your testimony. MOTION CARRIED: ALL AYES. .~~ F ~ `_ 5 } ..~t ~~ ~ ~ Y ~ , 9 t„ 7 1 ~ ~S ; .. 4 T' r rt a~f~ ~ J ~ ~ f '[~y ~.. ~~ "d. L ~t i ». ~~ ~ .~ ,;L3,~: ~ ~ _:~Y~ ~af ~_;~ + ~ q 'w _ ~`:~~. t ' x X7`2 ~ ~ i ~ ! 7~~ a k ~ ~reav?~.... 's ~ ~;" e~.n v 1 x r.~.at~-~t ~tii r~~ ?~; ~'P ~t y,. , ~ iT Y5A2f.- - ~ Y~ ,5 ~ ~~y µ~ ~ , ~ R j~~ §!1 ' ~ y~ rY i,>.! tyytALL`; uur. ~ vr`::, . r 'F, t,~iA t.Y kYG `x-~o7'EF'w: ~ , .`~ ,~~, s 4 °a' t~; ; .s-: *~. w= ~;~, _> . w~ .. s° * .. ~: , ;. ~;, 'y, ~;:= ;. £,p_ n `1~ ~; :: , ,, Meridian Planning & Zoning Commission May 3, 2007 Page 27 of 62 Item 11: Public Hearing: RZ 07-008 Request for a Rezone of approximately 4 acres from a C-N zone to a C-C zone for Lots 1 - 5, Block 1 of the Comer at Vineyards Subdivision for Cherry Wood Village by Richard Brown and Roy Brown - SWC of Cherry Lane and Linder Road: Item 12: Public Hearing: CUP 07-007 Request for a Conditional Use Permit to allow retail sale and service of motor scooters within the C-C zoning district on Lot 3, Block 1, of the Comer at Vineyards Subdivision for .Cherry Wood Village by Richard Brown and Roy Brown - SWC of Cheny Lane and Linder Road: Rohm: At this time I'd like to open the Public Hearing on RZ 07-008 and CUP 07-007, both items related to the Cherry Wood Village and begin with the staff report. Hess: Okay. Thank you, Mr. Chairman, Members of the Commission. This application is a request for zoning approval of approximately four acres from the neighborhood business, C-N district, to community business, C-C district. Concurrent with the zoning application is a request for a Conditional Use Permit to allow for retail sales, stores, servicing of motor scooters slash recreational vehicles on Lot 3, Block 1, of the subdivision. And that is this lot right here. The subject property is located at the southwest comer of Cherry Lane and Linder Road. The site is currently built out and houses a Maverick fueling station right at the comer and a retail complex right here. There is also a car wash facility in here -- in the middle of the cue. The retail complex houses Dominos Pizza, a Movie Gallery, a Great Clips, a Sprint store, a pet food store, and a tax service. And a consignment shop. Further development of the site is not proposed at this time. To the north and east are existing commercial slash retail complexes, also zoned C-N neighborhood business. On a submitted site plan the applicant shows -- I apologize, we are having technical difficulties here. Okay. On the submitted site plan the applicant shows two existing full accesses -- actually, you can, actually, see them on the aerial photo here, too -- to Linder -- there is two to Linder Road. There is one here and there is one at the rear of the subdivision. And there are two full access points to Cheny Lane, one here also on the Maverick site, and one here in front of the Cherry Wood retail complex. Currently -- let's see. All uses within the Cheny Wood Center building are principally permitted, within the C-N zone and proposed C-C zones. The Maverick convenience store, fueling station, is a conditionally permitted use within the existing C-N zone and would be principally permitted within the proposed C-C zone. The proposed scooter recreational vehicle store is not currently an allowed use within the C-N zone and it's conditionally permitted within the C-C zone, hence, the request. Staff believes that a -- the indoor sales of scooters slash recreational vehicles may be an appropriate use of the site. However, the Commission should be aware that staff has received several calls from concerned neighbors regarding the noise that could be generated from this type of use. Therefore, staff recommends that the city limit the hours of operation for this proposed scooter store from 7:00 a.m. to 6:00 p.m. Additionally, staff recommends that no test driving of 'T ~ }~M1 i ~Y ~Y`':3:. r ~ ~t- .. v..~ ~ ,. f ~ LN ~ _ ~- ~ c '~ J ~ ~ `.. /. f. 4 :'y 4 4 ~. x' Y i~f#~4~.'i f ~ ~~ ~ ~ ~ ~ ` ~~ ~.~~ 'f`k~r~,zi:, } '' ~ ::: ~. ~. y ~yyX •r ~ . F, ,C.+,J .: 4•ry; ~ ~, ~' qd:, ~etkfi^',4,t~ j ~ r { Z ~~ ~ ~ ~ ~. U~, . FF . hf 4~t; i!g'. ?t-. ..~ i ~i'. Y; ~ Y ~ .. . Y F. 4 A, :R.l.l, Meridian Planning & Zoning Commission . May 3, 2007 Page 28 of 62 the store's merchandise be allowed within the parking lot. Staff has also requested that the applicant upgrade the landscaping at the rear of the site. And all of these recommendations are intended to protect the neighbors from the potential increase in - noise and traffic that might take place if the Commission were to approve the conditional >' use request. Additionally, if the Commission believes that other allowed uses within the C-C are not appropriate, Commission may choose to add these requirements within a - development agreement if so desired. So, staff is recommending approval of the :~ Cherry Wood Village application in accordance with the conditions of approval listed in :', a Exhibit B of your staff report. And that is all staff has, unless the Commission has -~: ; i questions. ` : ~' Rohm: Thank you very much. Any questions of staff? ~; :;~;~' O'Brien: Not at this time. `'~~ ~' Siddoway: I have one. So, this use is being classified as what again in the code? f. Hess: A vehicle sales -- I think, it's servicing and storage. -A1 Siddoway: And that use is conditional even in the proposed C-C zone? ~;` Hess: It is a conditional use in the proposed C-C, not allowed in the existing C-N zone. ~ ~Y~,: Y W Siddoway: In the C-N. Okay. Thank you. Rohm: Any other questions of staff? Would the applicant like to come forward, please? ~.. ;:~ ' Brown: My name is Richard Brown. I live in Salt Lake City, number 24 South 600 East, µi ; Suite 7, Salt Lake City. Zip code is 84102. I think the staff report fairly states what our ~" `` intentions are with the property. The property to the east of us -- several acres to the ~; f east of us is already zoned C-C so it's a developer owner of a piece of property that ~~ gives us the opportunity to compete with other developers in the area for tenants and a ~ .;; ~,... diverse higher tenant mix. The conditional use of the -- a portion of the building for the scooter business -- I'll let the owners of the business speak to that. The hours limitation u that the staff has recommended is fine as far as I know, with the -- with that business -- ~,~ , ~>:~ the business will be closed on Sundays, so at least part of the weekend there won't be `" ~ an im act in the nei hborhood from the business. As far as the landscaping ~: ~ enhancement that the staff is recommending, I haven't had the opportunity to go ~~ through that in any real detail, but I'm sure we can, you know, accommodate what their t, . needs are. I think the indication is that we need to add about seven to nine trees. You ~ri~.> can see that the majority of the space is actually bordered by a church parking lot and ~'' the church property. It is the space to the west of our property and about half of the =` south property line that impacts the residential neighborhood. And so I assume that ~" " they are going to want to add trees primarily in that area. There already exists a six foot ~Y:~ high cedar fence that's around all the property in that area. So, we have -- you know, ~c ~ ~~ ~ ,, : a ~~ ~ ~ - ...~~''~. 4~ ~r Fb r -. ~ < N k~l `~` ~~ -f.- :i'1. ~. '~ - ~,Y~-.1; ` bt,~' Nl ~ h Y ~~i . Y -~, i: . fir.'. ~r 'A. ~ ` r ;~ ~,~ ~~~+' ~ ~ rr,, „ v m-i ~7"~lr~i~'~. P~'k'p ~ ~ ~ ~~'~~'v~' ~. T .''x. ff ~ 3 Y .: rs2~ # ~ - ~r. .e~ .; d w ~t f~ e' .y~T r . ~ ~~~ F~z f ~l 4 y ~ Y3~ ~~_ ~` 1 }K ~ ,: , e ~' ;'. ~ t 7 ~ SY1 f ~ { P: ~ ~. 'V. f~ . ~ ~LG~ C-~...~~ ~' }l ~~ . +Xh lli 4'. Meridian Planning 8 Zoning Commission N'r ~~' r ~ ;> ;,~: May 3, 2007 Page 29 of 62 ~:=acs, ' we have some barrier already existing, but that's, basically, the nature of our :, ~; 3 . ~ application. Is there any questions or -- ~'~ O'Brien: Primarily you're interested in putting in a scooter store, service and ,,, ~; maintenance? ; ~ :~ .: ~~ ~~ ~ 4,~ Brown: Right. ~: x:,'~':. ~: O'Brien: And you must have some experience in this in the past. '~" Brown: No. No. I'm the property owner. Eric Fieldstad is the owner of the scooter `~" ,,;,~ business. , ,,~.~ -_~,: $. ~`- ~~ ~? O'Brien: Okay. .. , Brown: He has an existing business -- r ~ - O'Brien: I'll probably have more questions for him, then. ~-~. j~`~ Brown: Yes. And I'll let him address those questions to do with operation and the ' ~'~"` nature of his business and so on. He has an existing business in Boise on Fairview ~ ~~;~~ already and this will be a second location for him. ~'' ~ Siddoway: Mr. Chairman. The site that is -- is this the site where the business would be or is it in the multi-tenant -- " _"_' ~~ Brown: It's in the multi-tenant. If you go -- right there. ,,,4;~, ~; ~~~ Siddoway: Okay. y~ Rµti_ " Brown: It's in that. Originally, we had about 6,500 feet leased to Movie Gallery and `~' they chose to downsize their operation, because VHS tapes don't take up as much 2` Y'F room as DVDs and so we split that space in half and the space that the scooter business would occupy is about 3,200 feet. ^; ,;~ ` ~' Siddoway: Okay. ~~ ~t='~ ~ O'Brien: In yards or feet how far is this from Meridian Middle School? w;, >~ Brown: The middle school -- if you're going towards the right side of the map here, it's on the other side of that vacant piece of property. It's probably -- I don't know if it would ~ be-- ~ ~ } =~~: Rohm: Three-quarters of a mile -- ~ ;,y, ~~" r.• ~r ,;° - ~ ~;: K ~`1 `,~ k Y~ ~~~ ~u~ ~ ;~~ ~~~ j .. .lS H ..: ~~ .~. 2' s.` Meridian Planning & Zoning Commission ~. < t. May 3, 2007 ,€ Page 30 of 62 :. ~, Brown: -- half a mile at minimum I'd say. Yeah. It's -- the R-4 over there, that's the ,.. ~~ middle school property starting there. Their field and, then, the school. Yeah. +' ~;'~;.~, . Rohm: I think the majority of the people that are here are more interested -- , .:, ~`+ Brown: In the operation. ' Rohm: -- in the operation and I think we will ask that individual, unless you have ~j µ something else -- ~~ '' _ Brown: No. I'll let Eric - v "w::; Rohm: -- you wanted to ask, we'll have the -- ~. ;,{ Brown: He's, obviously, knowledgeable about that. -; 4; ~~,-; Rohm: Yeah, please. Thank you. a~'~ Fieldstad: Mr. Chairman and Members of the Commissioners, my name is Eric Fieldstad, 12979 West Pinion Court in Boise. I own and am the general manager of A-1 Scooter, registered with the Secretary of State's office. Current first store is located on Fairview for the last 18 months. It's our intent to offer to the buying public motorized gas scooters, which by state definition are motor vehicles. They are licensed and registered ,. and titled for on-street use. We have been very successful in our current location. We ~t propose -- this building site here is three times larger than what I'm in now, so we'd like to expand our product offering to children's scooters, commonly known as Schwinn or Razor, that you will see at your large stores. We have been designated by Razor as an authorized repair center, the only one in the state of Idaho. I employ a 20 year seasoned mechanic. The maintenance that we do is considered light maintenance. It's like tune-ups, spark plug changes, air filter changes, and oil changes, in that area. We ~~ ~ feel that the location here is compatible. When we have been in it -- we have been in there setting up shelving and bringing in product, anticipating opening. And the general public that has come by has been very supportive. We have also hosted two i'_; neighborhood meetings at two different dates and have been open and attentive to the concerns of the neighbors. I highly support them. I think the record at our Fairview store will show that we are good neighbors and honest business people. Our hours of operation -- I get to stipulate within boundaries, it's 10:00 to 6:00 and we have no intent of it going beyond 6:00 o'clock at night, unless a patron so wishes to pick up a scooter after hours at their convenience, but the door will be closed. As far as test riding, the } F:~ neighborhood meeting brought up some really good safety issues that we do want to be attentive of. I have offered to the neighborhood association and to the city staff not to conduct test rides at the site, as a safety concern, because of the drive-thru traffic, because it is amulti-business complex. I do ask for one allowance there and that would be the mechanic, after he completes atune-up, needs the latitude to conduct a test run and we will do that out in front, so not to create a noise problem with our residents ~_~~ behind us, but that is one thing that -- I can't let a bike go out in the street without a ~ ~~ ` ' ~ ~~ ~` - ~ a~ ~$ ~~: ~ f ' i ~ .-. e1~w.~_. ~y ~. -i ~~ ,,~3i c- ~ ~ H ~ ` , t 4 ' N ~~ Gf ~ i ~y~i ~~ 2 NVd~ C y ~) ', ~fF 44C t ~~ } ~4 ~~~~ Cj ~" ~ ~~ f ~;w}~, r ,"' ~v ~ 7 ~''r ~~.~~ ~~ i4~,°,-~ {'3 ~ r ~u`-~ 4 G fat x Y ~ ~,: ~ "?Z . ;t,~. 'fS' sk !~ L3iA r. - ~ c ~ ~n ^ ,~f: • i Meridian Planning ~ Zoning Commission May 3, 2007 ~' Page 31 of 62 - member of -- myself or my staff testing riding it to prove it's safe for road use on it. I would like to note, Mr. Chairman, that the city staff, throughout this process, which started last November, has been open, available, and very courteous and informational to myself and to the others who are part of this application and we'd like to commend to ~~~ yourself and to the members of the Commission their positive response. -: ~ ~ Rohm: Good. Thank you very much. I'm not sure that you can answer this in definitive numbers, but decibel levels, I think the concem of the public as a whole is how loud are ' these scooters. Are they -- is it like the Meridian Speedway when they are running on Friday nights? Is it where you can hear it five miles away, or is it -- you know, relative to ;~_•r. -- can you speak to the -- ~'"~° Fieldstad: Yes, I can. Scooters, unlike motorcycles, are very quiet. They are ~~ mufflered. They are low cc, which is the engine size. If I were to drive up out front of your building here you would not know that I am here. The biggest cc we have is a 250. Most of them are 150 cc's. They are not the big Harleys or hogs that are commonly known, they don't have that bum, bum, bum sound. '-v~ Rohm: They are probably not as loud as a lawnmower Fieldstad: They are not as loud as a lawnmower, because they are mufFlered larger. The studies that I have seen out of the national motorcycle industry, which they are a segment of, is about 5.6 fora 150 cc. I do get asked that, especially when young people are going to be riding. Rohm: Yeah. I don't know this to be a fact, but I'm sure we are going to get testimony to that, but I'm pretty sure that the noise -- the noise level associated with running them in a parking lot is a primary concern. Fieldstad: Not to be snide, but my experience -- some of the cars with the boom boxes are louder than these scooters, sir. Rohm: Thank you, sir. Moe: Mr. Chairman? Rohm: Commissioner Moe. Moe: As far as on a daily basis, you know, your facility in Boise at the present time, as - far as service, how many people are coming in for service, you know, during the day and on this facility here are you looking to do the service coming through the back side or through the front doors? `'~` Fieldstad: Mr. Chairman, Commissioner Moe, it's seasonal, but I will give you the ~~_; s~ ~ summertime period, which is our maximum. We do services by appointment, so we can ~~,>r ~~ . ~` - regulate it. We space normally 45 minutes. An oil change will take ten minutes, but -- ~.' ~ t ~ 3~ i ~ ~ r~~~ ~h 1 `x 1 ~ ~, ~k ~yy ~~ y L ~ ~ $ -_ 1C a~S ~r11f:: _ r P 'fir - ~ Yi. ~ ~ 1Z " ~~A ~:~~ ~.. ~~ ) ',.' T 4t ~r~ ~i.. rt ~ ~ j ~ ~ .4 ~ ~~r' ~ ~„r -,.. ,d: s5 ~ ~ ~.. i ~M ~S'~G~ -. ~,. _... ~ v J Ju. .CAM' f K '~~C ~ + { v r r" ~ r } ~ ~ ~ ~~' v ~ ~::, t,,_~ r~ ~;~. ry, fix~~ }~J _ ~ i.i }~'S~R~ ~ ~ i {.~~ f f-. { ~ 1 (. 5 f 1y I~.^ M1 5 Y t5 :. i 4~p,. ~ y ~ i aj n.:I... 4 e • Meridian Planning & Zoning Commission May 3, 2007 Page 32 of 62 `;. '~~ what we do is we will go through the whole bike, when the mechanic has it again, as a Y safety compliance and liability issue, we try to space it a minimum of 45 minutes. I would say not more than three service jobs are done in an eight hour period. Moe: And, then, the other question I would have is as far as fuel storage, what do you guys anticipate having on site for fuel? ;:,.:. .a. , ~; ::, ~c~" ~. ~; ~~. y.. Fieldstad: Mr. Chairman, Commissioner Moe, I met with the fire inspection individual yesterday. We have the written report for your review. Because we are so close and adjacent to Maverick gas station, there will no containerized gasoline kept on premises. We normally keep three to four scooters with about one half a gallon in the tank of the vehicle itself. We can even eliminate that, because there is no test riding by the buying citizens. So, the gas that we would have would be those that bikes come in for service, on occasion say we have to replace a head on it, we would have to drain the gas out of the vehicle and that normally is not more than two gallons and that would be placed right back in. And also in conjunction to that, used motor oil today is a concern, not for flammability, but for environmental. We capture the used oil. Schuck's Auto Supplies have a no fee turn-in program, which we use about three times a week at our other store. Rohm: Any other questions of the applicant? Commissioner Siddoway. Siddoway: Mr. Chairman and Mr. Fieldstad, the -- just for the record and to clarify the use, you know, when I -- I believe I now understand exactly what we are doing, but the - - when I first read that this was a scooter slash recreational vehicle sales and repair, thought we were doing scooters and fifth wheels and motor homes, but your intent is really just the scooter, small motorcycle industry, is that correct? Fieldstad: Mr. Chair and Commissioner Siddoway, yes, that's our intent. Our focus will be scooters. Now, I understand scooters cover a broad spectrum of devises, Razor little aluminum kick scooters that you see almost every child -- that was the toy of the year in 2000 and it has been so for seven years. We do sell that. The children's electric scooters are very popular, both stand up and the sit down on a seat. We also service that. Up to a large scooter for on-road use. The recreational vehicles was the outcome of consumer demand. My generation grew up wanting go carts. This generation wants what we children's all terrain vehicles. ATVs. They are approximately that far off the ground and stuff. The business plan calls for the sale of two to three hundred of such all terrain vehicles, children's, between the two stores this year. The demand is just phenomenal. Siddoway: Thank you. Rohm: Commissioner O'Brien. O'Brien: When I first read this application what I came up with was pneumatics, so can you tell me what kind of tools, pneumatic tools will you be using there? Air compressor? ~ ~ { ~ ~ h r •n ~ ~. Y$~ ~~~ ~` ' tir. -- ~ s- r~ Etti _ `Sp' ~~ '~, ~~. . ,~ ..,..>: y.. ~ . r ~~ y ~~ f., w n~ ~ ~ r ~ :: ~ - ~ ~ , ~ F Y r[s~ t ^GFJ~b~ie?_ t t ^~~% .ITY ~C ~~{~~{.. r .. Y ~ ~ ~ ~ ~~ ~' ~° ~` . r A ; } ~ ~ +, f •} ~ ' z`r ~. " ~ 3: 5~ ~~1 ~ 3~~~. t ~ Iy~s1~~Y _ F'' .`C.'' ~ `` ~ ' _ V t-~. '}` ~~ 2a ~ It r r "?t ~ 1 [ ~ a~. )~ •~Vinf.-,;. ~~ 3~1 ~' ~+ '~' ~ ;';' . - ~ ~ t f ~ t (f' l h ~ ?. L~Ql?r.. ~~t4` 1 Y 1 7 L { a. ~ .. ~ ~~ a~ ~~n .'s { _ -~ ~_ ~ . ~~ • Meridian Planning & Zoning Commission May 3, 2007 - Page 33 of 62 .a~ Fieldstad: Yes. Mr. Chairman and Commissioner O'Brien, we have aroll-around air compressor. It is noisy. To fill the entire tank if it's empty takes no more than ten `~ minutes and it's indoors. It's not used outdoors on it. That's the only pneumatic tool ~~~; that we use. O'Brien: So, in your estimation, can you hear it from outside when you use an air gun or blowing air? Because that does make a lot of noise. Fieldstad: Again, Mr. Chairman and Commissioner O'Brien, in the use of the air gun itself, the only time we use it is to remove the main drive washer, which is -- allows the engine to come out from the front of it. Yes, you can hear that outside, to a distance '=~' would say about 30 feet. But it's not like your Les Schwab or Goodyear, the zip, zip, zip that you hear when you're having your tires changed. O'Brien: What about for blowing off tools and things like this with an air gun? Fieldstad: Again, Mr. Chairman and Commissioner O'Brien, we don't use them to brush off our tools and stuff, our tools are hand-wiped. We also do use a power washer, again, one of the small commercial roll arounds and that makes absolutely no noise. O'Brien: What is the regulation modifying muffers? Fieldstad: Mr. Chairman and Commissioner O'Brien, as a licensed and insured dealer, do not modify muffers from the manufacturer's specifications. ~, "''~ O'Brien: So, If you sold a unit to someone and they modified it and brought it in for ~. , repair for something, I think that would be a concem of mine if I was living nearby and q - hearing two or three scooters coming in with their mufflers modified. I know it's not your problem, but I think as a resident homeowner, I would be. Fieldstad: Yes, again, Mr. Chairman and Commissioner O'Brien, it's not -- it's not unbeknownst to a -- I'll say young person to knock out the baffles in a muffler. If it comes to my company under that condition it is so noted on the work order and that's, .... again, because of liability, be it noise liability or mechanical failure by the cycle itself. If -. that vehicle were to come in, we would not test ride it. ~, O'Brien: Yeah, but my concem would that of the neighbors hearing this. I don't know how often this happens. It may be to your experience in this has that happened? °~ Fieldstad: Mr. Chairman and Commissioner O'Brien, I have had it happen once in 18 ii:. ``~~' ~ months. ~; sjs `;~;~,a. O'Brien: Okay. a, ~,, ;. ; i &`'r.' . ~';;;, }r ~ ~ x ' ' ~ i ~ ~i: r as ~~~r~_`;. c~ {~ + '.~+ 'J` Y } . , S ,. ,.~M*s:,. ,L~ ~ T~ L'~.ly~~'.- :~` ~ ~w ~.. rn~hwf: F ~ ` , ~: u v'Xa L'. S ~ ~J .. R'kl ` il'. ~ ++ 33 ~ ' a~ + .. ~~5 ,.. I ~ ' 'N ~~ S.rh ~,? - - ~ F ~~~~~: ~. ' ~r», ~-~ 4'~ ;; ~ F , ~ , J t ~ - E v ~ir 'r iii ~.:. ~,2 N i'~ 1~- ~. - .~r~ . to ~,r,~ r t ~, ~ ~ ~ f . ~~t a ~a. ~ :. t t ~, ~~ A yc4X~~. ~. ~S 1 + - ~~S r ~ ~ ~ - t~~jj 1~ ~. Pk Y ~i.eG ,4t,~1Xs 2 ~. ~ ,tom T ~~~~ ~~ n ! . '~i r. • .i`l~ iy4 ~~'hr~: S'43' } ~'~ ti~P'~- ~zG rrc~s. ~ ~h: a~~- ~T.. ~4y 3~" ~ ,, i._ ~ ~'_ ~ _ ~C''r ~k,. Meridian Planning & Zoning Commission May 3, 2007 f~. ; :, ~ Page 34 of 62 ~~ ~ Fieldstad: Let me, though, give you a little more vision. When customers come in for ~~ service and things, they will come to the front of the complex. Myself or a member of ~`' my staff will wheel it -- hand wheel the vehicle to the back of the building. Again, we do ~. >,r, that for insurance liability. O'Brien: Do you keep the doors open in the back or --during the summertime? Fieldstad: Mr. Chairman, Commissioner O'Brien, my mechanic has a tendency of enjoying the outdoor air, so, yes, if -- again, if it's a noise situation we can definitely ~:~a quiet it. O'Brien: Well, I think this is one of the major things is the noise issue and that's what I'm trying to get to in all these -- my questioning is to make sure that somehow this was addressed before these things are made. So, that's my question. Thank you. Fieldstad: And Mr. Chairman and Commissioner O'Brien, in follow up to that -- and I have stated this at both neighborhoods, my commitment to the neighbors individually and collectively as a neighborhood association, is to be a good neighbor, and as one of ~T,; :~ the neighbors said, well, Eric, we can only take your word, but I grew up in Spokane valley, my father and grandfather were general contractors, and a handshake and an individual's word was a contract. `'' Rohm: Thank ou, sir. Do ou have an ~ y y y questions . k`- Newton-Huckabay: I was going to suggest we need to do public testimony. -~ Rohm: Thank you, sir. Okay. Ralph Gentry, would you like to come forward, please? ;.. ~~ ~ Gentry: My name is Ralph Gentry. I reside at 1502 North Santa Rosa Place. I have a ~~' "' couple of questions here. I understand under C-N zone he is not allowed to be open for ~; ~ ~~ `~ business . That's the reason he's applying for a C-C zone. The business is open right ,~~ e, ~' -~- now and has been for some time. And he's using the word scooter, he's had at least ~s~::~' one machine, a used off-road bike, parked out front for sale. That's not a scooter. That's a motorcycle. I'd like for him to answer this, that I called and they assured me that code enforcement would check him out as far as he is -- zoning. And he's open for business right now. I'd like to know now he's doing that. 4;::: ~. :_,: Newton-Huckabay: Okay. We will get an answer for you. Thank you. ~~~ Fieldstad: But the word scooter that he's implying is a -- a small quiet machine and he's - already -- I know at least one machine out front, a used machine, an off-road machine, which is not a scooter. You know, he's talking about servicing. He will have to test run _ these if he does any major servicing on them, outside of the building on the rear of the building. My property is within 33 foot of the boundary around that commercial use. So, do any of you have questions forme? ~~ J ~ ~ :~ ~: 4 ~C,L~•v~ii.. 4~~ '~f ~ Y ~: ~",. r ~Y € fix' y 1 `- ~.. ~; ~rtr.^.". '~ ~' y ^tle ~., ~F~ `~,' G~tin~~' z ~ri ro ~1 ~'~t"L,t:~' ~. ~ + ~f y -~ . s,~y Vii?: r p~ ~ ,,~ ,,..~i~r `~ + ~ i 1~ i ~~ ~7 ~ ~ t . 1 1 Ft j S r, ,, ;~ ~~ . t ' ~ r~" , , ' '4 -y ~ u 3'3°r.'* ~' ;w ~ : ~~,;~~ - . rz 5. ~ ~~ ~~. ryn,,,;~;. ~ ri , ~ i ~... ~i ,1 ~~, ~ F1 }i~ ~1~ ~~ i' `'~ 1+ f' °~ 4 a. u ~` ~ 'f' ~ rnr tr > ~:~. +'~;~ ~y _ ~~,•~. ,~: E. ~s q': .J ;~, ~`.. ". ~E ;;, ~~: E,~ ~_ F~ .:. • Meridian Planning & Zoning Commission May 3, 2007 Page 35 of 62 Rohm: No, sir. And, basically, your testimony stands for itself. Fieldstad: I am against it one hundred percent. I attended one of his neighborhood meetings. There was two of us, three of us that showed up, and we never voiced our opinion. Was in favor of it to start with. But these machines, if he sells them, he's going to have to run them someplace. He's talking about out in front of the shop. If he services the machines and does any internal work on the motor, he's going to have to crank that machine up -- I'm assuming it's going to be in the rear of the building where his shop area is. And I'm close enough I'm going to hear all that. And we bought the property there, we bought it in good faith, with the zoning being what it was, that it wouldn't be changed. Now it's going to be changed. If he goes bankrupt or broke in six months, who is to say who moves into that with this C-C that would be, what form of a business could move in there. Rohm: Thank you, sir. Carol Gentry. From the audience she said she agrees with your husband. Good woman. Newton-Huckabay: He would not be speaking for the entire Commission at that point. Rohm: Okay. Moving on. Richard Brown. Okay. He's already spoken. John Watson. Watson: John Watson, 1486 North Silverado Place, Meridian. 83642. I am probably the home that is going to be overall the most impacted, myself and my next door neighbor. I live in the house at the very guts of the cul-de-sac. Right there. I'm not overly enamored with the thought of the project going in. However, from what I have talked with the applicant, the owner of the store, he appears to be a fairly -- a very honorable individual and I like what I have heard from him. Apparently he is in operation at this point in time. I haven't heard excessive noises from the area. However, if we are going to let the genie out of the bottle by the rezone, I do have some issues and concerns. We predated the construction of this strip mall by several years, the Vineyards homeowners -- or the Vineyards Subdivision. The Vineyards Subdivision is the folks that put the fence in there. That location right there, that's a dumpster. That dumpster is about six feet from my fence line and about 31 feet from my living room window. We have dumpsters being opened and slammed all the way up until about midnight. We have street sweepers that start anywhere between 23:00 or 11:00 p.m. and go until about 1:00 in the morning. We have delivery vehicles from the Dominoes that start at about 11:00 o'clock at night and run their engines until they are finished, because they are refrigerated units. Lots of noise. Now, this gentleman is not going to add significant noise from what I have seen. However, if we are going to go for a rezone, I'd like some consideration for the neighbors that live up against here for noise reduction, so that we don't have street sweepers, we don't have the dumpster located adjacent to the fence, because in accordance with the Meridian City Code 4-2-1, a nuisance defined, anything that -- and Iquote -- disturbs the peace and quiet is hereby declared to be a nuisance. That means a street sweeper at midnight. I have called and made several complaints about that. The police have come out and dealt with those on occasion. However, it has not fixed the situation. And so if we are going to let the genie 'ryY >9N'.H.r,. i 1 ~ ~ S 3 : ~r Y ,. Y ~ ~ ~€ _ f ~ ,~., ;. ~v~„3~.~iirr r ~ .. yV vyJy~% , t ~'? ~ LS./ ' ~ ~ } T . ' _ R `.Yl`_-~x'~ 1]' ~~1 ~b'1.~~~ h '~x~ f ~~~ ~. ~~ _~ F ' ~ ~~~., , /i. y ~ ~ t 3+ ~ ~ >a~' {~ ,< ~. ~ E~r+.r~X~. ~ } ~ J~( { . Wi Y t r r~1'~'~T ^.'.M.. `:t ' a r~~, - .f" i ~ii{ vrv r d ~M~:. x ." ~ '` s - r . t ~l~~' {. • • ~~ ? Meridian Planning & Zoning Commission "~ ~ May 3, 2007 Page 36 of 62 Y' ~ out of the bottle, I'd sure like to have the dumpster removed or significant plantings ~l "~ behind where the fence line abuts Mr. Brown's property to reduce the noise impact that v. ~ we are dealing with at this point in time. Subject to your questions, that concludes my ~: testimony. .~ ``4' Rohm: Thank ou. I a reciate our in ut. Serious) y pp y p y, you did a good job. Any ` ~ ` questions of this individual? Thank you, sir. Gill Thoreson. :,: ~: ~ Thoreson: My name is Gilbert Thoreson. I reside at 1490 North Santa Rosa Place in .. . the Vineyards. My wife accompanies me and she is my director. What I'm here to say t~- , is I'm against the zoning change from C-N to C-C. I think you're opening the bottle and ;~,,. ~" letting the genie out. The veracity of the individual is in question, the one who is going :?k to run the operation, in that before it was -- before we ever came here to see -- and s ~ discuss this matter with you, the store was already open for business. There were two ~,. ~~ ` ` motorcycles -- not motorcycles, but the all terrain -- I forget what you call them. Dirt ~~ . bikes. ~" Rohm: ATMs or -- ;fi. ~ >> Thoreson: Dirt bikes. ~~~. <; Rohm: ATVs I guess it is. ~. S"' ~., ; Thoreson: They are dirt bikes. They are the size of a motorcycle, but they were dirt ~ . bikes. They were outside for sale and, then, they were -- there was also some scooters outside and, you know, they were enticing business and this is before the store was " }" authorized for business. So, that question -- this brings up my question as to his ~~` `~ veracity and his continuing to be honest with the public later, so I -- that's my question "k there on the honesty of the individual. Noise level, I still think the potential is there, because they will be getting RV type vehicles in the back for servicing. The potential of ~.: servicing these vehicles, without their proper mufFling, is there and the noise level will go up. The handling of fuel, gasoline, disturbs me a little bit and the servicing of those vehicles with asoline in the back. It also is a hea traffic area oin to Maverick, 9 vY 9 9 ~; people going in and around that area, and this is another increase in that type of traffic. ~` `~~ ~ I think it will be a negative impact on my home. He has not specified what the value of ,.A," ~, his property would do and his work would do for the City of Meridian, but it would impact ;. probably our homes and the value thereof and that's about all I have to say, unless you ' ' have some questions of me. ~,; ^ Rohm: Thank you, sir. , `. Moe: Mr. Chairman, before you ask for the next person, I'd like to know from staff are _ you aware of what's going on with him operating in this facility right now? y ~ ' Hess: Mr. Chairman, Members of the Commission, yes, I am. When we first met with the a Ilcant he -- we had told him that o eration -- scooter sales, thin s like that, of ~ ~" ~ ~ ~ ~ t ' ~ _ .. 1r t y . y L `' h~`` F r v„; k ~ i~,. ji ~' i f .`- j r __ss"~~ ~yy kk~ii~ ' ~Ki It-J 1;-. 1 ~;; "~ '~ A 7 ~rt~~ V R ~ i; u,P'; '' ~~ 1!f ] ~.: S " ~ r ~ ~r ~ ' . ~, ~ ,au +7Tci¢ >..~. ' ` . ~,- - 4r~{ r'~.-.~ wr y~`,jT,: 11 `Yr14 K 1a~;1 ~~ nc ~ , ~ ; ~ ~ " ~ ~ ~ ~~ T:. ~ wv~~Sji~w i ~ 1~ .?_ . Y ~." r`' } y } "i I ~ Y f 11 4 ~ i~i ~-'. l ~~ ,~a ~ '' , ~~ ~ `~,i'~~ LL 4',{ .. ,i ~ ~i;~.. +~~ ~ 1 ~ ~i '1 1 - ~ 5.lJ do •. yl.~+ 1~ k ~ ^ F F . i._. F: • s Meridian Planning & Zoning Commission ~, ~ May 3, 2007 ;~,,<< Page 37 of 62 y : motor vehicles, ones that could be, you know, licensed and used on the road, were not °~~~j allowed on the site until -- if and until the rezone was approved. Kiddie toys, those ```' kinds of things, like the kind -- the toys that you can buy at Fred Meyer or Wal-Mart, we - -- he was given a temporary occupancy by the building department to sell those, but store his other items. No sales were to occur. I guess there must have been some sort ~` ~,:< of misunderstanding and the applicant did open the store for business for selling ATVs ' and, you know, mo-peds and scooters. When staff became aware of this, because '~~ some of the nei hborin g g property owners had voiced their concerns, we contacted code ;~ ~ enforcement and they have been out to the site multiple times and the applicant is not selling or does not have his doors open for operation. He's not selling to the public, he ~` is not servicing vehicles in the building at this time. He has taken down his sign. That ~` was another stipulation of our department, that there be no indication of any sort of business running at this point. Moe: Thank you. =' Rohm: Thank you. Norma Thoreson, did you want to speak as well? She agrees with Y: ;~_ her husband. I'm not going to add comment to that one. I'll just leave that one alone. Okay. Commissioner Newton-Huckabay, did you have something you wanted to add to that? Newton-Huckabay: No. Well, I have a question, if I may around -- around the zoning -- ~,.. ~~~ rezoning of the entire piece of property, outside of the scooter store. Through a development agreement could we require to have the way the perimeter of this property ' is treated be upgraded? Is it in there? ._ Hess: Mr. Chair, Members of the Commission, yes, I have asked the applicant to provide additional trees within the landscaping buffer, because currently the buffers are not at full width to -- or not up to code with -- with current city code and -- but if there is ~~ any additional -- if the Commission doesn't feel like what I have proposed -- staff has ,,;; proposed is sufficient and would like to have additional landscaping on top of what that is, then, it's certainly at your discretion to add that. Newton-Huckabay: I guess I was leaning more towards -- and you did put them in there, it just escaped my brain. Like the dumpster, the fencing -- Hess: Mr. Chairman, Members of the Commission, if the Commission decides that the existing fencing isn't sufficient for noise abatement, then, they could certainly add a ~~ stipulation for that, too. As far as the dumpster goes, that site was, I guess, proposed and approved by SSC, which is a private entity, and so the city doesn't really have control over when their hours of operation are. So, I guess I would suggest that the -- I guess the neighboring property owners might contact SSC to work out -- along with the applicant to workout a more suitable time for garbage pickup. Newton-Huckabay: I was thinking more along moving it -- moving the dumpster, but I'm ~: not sure, again, where it would go and I didn't know if that was an option. ;~; 7,~^ ~ - ~r ~~~~ x?~ ~r ,, ~,r '~~~ W' . ~1 ~ , v4~ i::~I.~..y A ~ , • ~ t f { L ~ 1 1~ }~},%.'1 ~` ! ~ }~ C' ~ ~ 3 ~+~> S' i ,~ ~~"~~', Y ~ ~ r -~ #ati n ~ }t i ~ .'~ th ~,y. `~~ .~ w .ti:~w~.., ~~~ ~ ~ ~ w ~- ~ { ~ ~~ i xiL,~} ~: I .t.M ~ . ~.,lt •, of } Yt~~'.t{ia, f7+x. } t~~Yh'~YQ~. ert ~~ ~ ; ~1 . d~~t ~; 4 Z -~t~. , ~E,~ 1~~, Meridian Planning 8 Zoning Commission May 3, 2007 ,-~ Page 38 of 62 w Hess: Mr. Chairman, Members of the Commission, that can certainly be a stipulation '`{ within a development agreement if you'd like to see that moved. But, again, that would have to be --the new site would have to be compatible with, you know, the large trucks. Newton-Huckabay: Right. Yeah. Correct. Definitely. Now, I -- as I don't go behind that development very often or rarely, is that dumpster in the new brick enclosures, the cinder block enclosures that the dumpsters are in now, generally, in new developments? `~ "~ Hess: Mr. Chairman, Members of the Commission, staff isn't aware of that. When I did ~''' ` the site visit Ididn't -- I missed that. So, the property owner Mr. Brown might want to come back up and discuss that. ~.: Rohm: Thank you. ~~, ~}'~`~ Hess: So, just to wrap up my comments. So, that is an option to look at maybe taking your suggestions a step further if we went with the C-C for the whole site. r~ ,.. Rohm: Thank you. Kevin Snow. ~~ - Snow: Kevin Snow, 1470 North Silverado Place. I would be the homeowner -- I have the comer of this -- adjacent to the church lot and to the commercial property. `, :': appreciate that the Commission understands our concems about the noise. I want you -~ to know that we as the homeowners do not consider that cedar fence to be a sound .._ ~`' barrier. I sent some pictures in with a packet, I don't know if you each have a copy of that, but in that there is some photographs of the commercial properties. To the east and to the north of this one -- the properties north and east both have seven foot cinder block sound barriers. Those properties do not have gas stations, they do not have a car wash, they don't have vacuum cleaning stations. To the north they don't even allow vehicle access between the commercial and residential area. I think that's really F ~~= neighborly of them. Ironically, this comer has that little cedar privacy fence and all it &` really does is block line of sight, yet it is the heaviest use as far as short-term traffic "~' coming in and out of there. Every resident I have talked to, the Asmussens, the Corders, who aren't here tonight, the Watson, the Granges, the Farmers, the Petersons '~ ' and a couple I have left out, they all have their stories about difficulties in and around ~r this particular commercial property. And we have become sensitive. It's just a few ~' scooters; right? There should be no -- you'd think you would hardly be able to notice behind the rest of the din. I have witnessed the moving and testing of the inventory at ~` ,ti: the rear of the shop. I have seen scooters, I have seen one dirt bike. I have seen an ~~,~T;~ ATV, which was, actually, in one of the photos that I sent in. Had a hard time starting it. ~. They had to start it over and over and over again. There is takeoffs and landings. I'm ~` ` here tonight because even without any operations going on as far as servicing, it's already been an impact and it will be an impact. We voice our concems or sent representatives to voice our concems to the neighborhood meetings and we actually plead with them by letter to find a more suitable location. They have offered ~td j~,E ~~' '~ ~- z ' Y r 1,4} ~ t 4 p v ~: r ~~ i ~' f ~ ~ ~ 7 ~~1~~} W ' S ~ ~ ~• ~ ` R ,cq~.+.;lv~. ~,, ~ '- ~ s t: ' ~.tiy m1 ~ r ~ ~~~=~ ~ ~ 3 f N k X`, y' I t ~t . - ~ wd .y,t~. ,Yi q 4Y~. C .:'t. f f d -~~ ~ . f~ 1 ~ k^:. `'~~ :.. t ~r SS r+ Cr: I'. - Glwaff~.'. Lv #~.~ kt ~;`. 1 s4~ ~ie~4.~"v1 'yK ~.~~:~ R J i `. X~Y~, ~ ~ ';'P, L*a~ ~~- ~~r~J1F is ~~ ~ p.. 'ter ~ YMdi-?.. M1,, R ~ lit ~3"KM)'"+, ~ S W~ S - ~ ~ ~i' '~,'~ raj§1f ~ ' ,~ .( H ::.. y, ~ ~ .gin ~ Y~` , ~; ~.. y:Pi •t. ~ Y~. ) ~, .sue„' =;tY Y r... • ,, ~ t u .. .. :. -. ~_~ ~ .a- y. ~ r .. j .....,.. f3? - ~ ~~ • Meridian Planning 8 Zoning Commission May 3, 2007 Page 39 of 62 assurances. I don't feel the assurances are enforceable or particularly reasonable. This property is designed for service in the rear. It is for retail -- not necessarily for Y1+~ motor exhaust -- and I think they need to be able to use the property if they are going to use it in this manner. They need to be able to use the rear. I agree with the mechanic, I ~, "'`°' think he needs to have the doors open. He can't be asphyxiating his crew in there when he's fixing a motor or an engine. The only problem is that without a firm sound barrier "~' they can't do this without impacting residents. Now, that's why I would beg that any conditional use or zoning change be conditional on there being a sound barrier or cinder block fence being placed in the commercial properties and the residential properties, just like has been done on the north and on the east, with those properties that are also commercial community on the one and commercial neighborhood on the other. But better yet, I would like to encourage you to keep it zoned as a commercial neighborhood for business -- for commercial neighborhood businesses only. The reason being -- and one of you brought up the Meridian Middle School, which is just east of here, just off the map. There is the Meridian library just across the street. To the north of this intersection we have Tully Park. Just north of that is Mountain View High School or middle school or whichever it is. To the south -- Newton-Huckabay: Sawtooth. Snow: -- you have -- just south of this church lot, on the other side of the division, is Meridian High School, home of the warriors. We have a very very heavy investment in the under 18 year old demographic and as such we draw a large community to school that's oriented to traffic in this area. We have cars from Ustick to Pine, from Linder to 7th, they are all stacked up waiting for the light to change. And my kids get to walk to and from school through this for the next 18 years. I ask you please -- I don't think we ~~ need to throw more community attractions into this mix. We have thousands of '~=` students and parents that are coming here already and if we allow this change, my neighbors and I have to live with it for a long long time. If you must rezone, please, ,. ~~ make it conditional on a solid sound barrier between the commercial and residential properties. I mean all the way around. On the south and on the west. But, please, consider keeping it a commercial neighborhood. We have a huge neighborhood as it is and I don't see any reason to designate it as to a community leveling that's going to draw even more traffic that isn't associated with the schools. I think he can be plenty competitive -- and I also fear as a homeowner what might or could go in there. A lot of `fi'' things worse than a one story scooter shop. Those are my comments. I would like also to confirm -- my wife drove by it this morning, she witnessed the sign saying that they were currently closed for business, planning to reopen possibly in June, pending zoning approval, and presume it was just a good faith misunderstanding as far as running the business earlier. I have -- as I have said, have seen other vehicles there and I don't think that's necessarily anything other than moving an inventory or possibly even just the people who work there. It might be their personal vehicle. But the sound is a sore point and that cedar fence is not a sound barrier. Thank you. ;~ Rohm: Thank you, sir. ~ _ ~~ r .Y r. tl t.~.~1~... ~ r. ~t R ,~ ' i , ~ ~ A}! ~ {.1 ~ ,%: ,~r~:>~; ,, ~.; _ ~. ~~_ e r ~t -3~ ~~r i ~~ ~ ~~ e «~-act K ~ ~ E, ch i,~y ~,4G;k.+ . ..: y',. } ~ '1 q;1 ~:, ~t ,. D 3, ~;,~:~_ ~l 1 - ~ ,....t AJ 17~.,t,,;±'^ Fey )..n :u=' ~ z ; $ ' ~~" '' ~ ~~ ~ ~ il t~~ y r t-~ ~: li ar Sv-~ ~: . r~ .. y... ti.~y. 1~ ~~. .. 1. ,k ~8k- r.. ~~ r tF~.i'r~~ ~~ Meridian Planning & Zoning Commission May 3, 2007 - Page 40 of 62 ,. , Moe: Mr. Chairman? Rohm: Mr. Snow. ~~ Moe: Mr. Snow, I was just curious. Were you an original homeowner'? e Snow: I was not. ~;' Moe: Okay. So, you were -- were you moved in before the -- ;::.'S Snow: I came in knowing the Maverick was there and they have got low prices, God s= bless them. As a frequent customer I have never been able to find the stacking lane ~~~ that's supposed to be there, but I go there quite frequently. I like the neighborhood services that are there. Moe: Thank you. Rohm: Hal DeGrange. s DeGrange: My name is Hal DeGrange. I reside at 1450 North Silverado Place in '` ~ Meridian. And my home is the back end of -- the east side of my fence line buts up ' ~ ' ' against the Church of Christ. I m in complete agreement with Mr. Snow. My concern is ~`` -- and attended one of the owner's meetings where our concern was the test drive. This parking lot within the church is a magnet. We have had stuck vehicles back here, `~=' '' ,, honeymooners or what have you, through the previous years. We have had dirt bikes ~ riding in this area, in this arena here, and, then, not to mention the RVs that accumulate _~ '' during whatever operations the church conducts. But this parking lot -- and they do x~ ~ have signs posted. I have talked with a representative from the church that they have ~ no skateboarding, so forth and so on. I'm also involved in maintenance and I used to >m-. ~;yV' ride dirt bikes and motorcycles. I purchased one from Carl's Cycles and we had the opportunity, because of the property in back of their facility, to actually test drive. You go in for maintenance and you want to make sure that that maintenance is done ~.;. ,; properly, so what do you do, you take your vehicle, your motorcycle out and you test ~• ," drive it and what a perfect place to do that. And the right-hand turns all the way around, we have already, ironically, whether or not this has anything to do with sales or service, have a lot of traffic -- and I don't know if they think it's a cutoff to get back to this facility ~ here, but residing next to Snow and my children also, it's almost hazardous. One of us '. is always outside. We never leave our children in the cul-de-sac to play on their own, because of the traffic impact that we have. And I'm not saying that that's a result of this ' ~r facility here, but the amount of impact that we do have here, not to mention the noise -- • ~ have been here -- our home was the first one built in phase two, Lot 33, of the ~~: ,;: subdivision. I have been here since 1993 and have endured tremendous noise impact ~~~ `- with this facility. I have attended several council meetings when this facility here, -~~ believe, was the only one that was present at the time. This strip mall here that was being built, I was assured through Holland Realty it was nothing more than an office ~'~ ` complex. Well, that's what I get for listening to our realtor. As far as the dumpsters -- i~ •:~ ~ n~•k.~~ .fir t i ~ { 0.x •' ;~ ~` ~ J yea.. a .,e+' ~ ~ ~ ~ . i . :N 5 ~' .,.*;. ~;, d :'~+%Y .:~ +~} ? .; ri: ~; x . ~ { J ~ I {. 5fi "€' ~.'~•i'H I ^ yx7 Y ' S . y ~ _ _ y . ~~Yii 1 ~:- «~•t" uY9;~f~%'.•1-i xg1 ~ a ! J~ ~ R, s . ... .. ~ I t '~... k,n ~, , 4' I .. a i tKr • ; , I .v, I -f :v w ~ ~~" .~ ~ r•:s. t ~ h , 'nf, li 3 J ~ . y ~M~i,•i ^: A`i ' z % .-.>:i,+.i ~' ~ ;•. : ~ , : „ .. I l .;£, .r/ .. i'r L ,. N ., e~ :. I .. _ i .. M`ti • ,• <y'-e.' :.'tom .`y ~ . ~ 4. }: I ~. <^. r Y~..i f ~ ' ~ ~~ ~ ~ ,:w,.:>r; i~,f~`a~5~d~.; .~:i.7t'~",.'s::?.•g,i„'h. r Via. ~- .. :•,~ r,. '1 ~~I ~ :, .C. ! , . I a } ' .,i; •;nx~,J,;u<<r. •r ~N ~~: 1'" 'x: ` p. . ^ . _ „~xx'sr'' ~~F-, ' : .^~ ' 7 ~~~+t X571.. ~~~r .. e , i ~j ~ .is,;.. `;J .. .~; S ! fit :{ii _ .t . . < ~' Y~ . I I _.+• ; :,z ., e . •r : r•~ ~iS' ',~xiaiNy: 'atSx:~Y r"~a? e) ' . - f s+' ` S i iv .. •s~. • • w'' , Kt i '. Z • ~~ ~ e ~x~ ~~ ~F sC y * ~ hiiY Y ~b ,~ I ~' i i 9:: •`'. s`:3%%~aK' ~ $ {k?,. s x : ..' : i . 1 ~, 1~ •..*~Y(t ~ ~ I' '.t! . ~i`+ u ' ,c l a :>:.r~i"'~Y .;~~:`?Mr+;i'.: k4i; I ~ ` ~ ~` ' d ~ `v t ~ ..I.. I {: {X~f; a~x`}. '..Y.:,: i;r: r Y ~:. >ai ~'r:;:rti..,t .~ ~y:^~~'~ r•;wa - '~ ~ ' ~ ' ~ ,r ~fr . : . N....~c~;r . °~~ i~ V"s~7 ~i a,• . .. S . ~ ;., x'.~'?` n " . ' " ,'.L , • ~ ~y ^ ' ,~... S~ ,~ ~ •4 I ` .•;. _ .ft. t'~ %YU~?. i E ; ' ~ • ~ * ~^.r ~,` ~".a ':;~., •` , I :` i . 1 y. `4 h -' 3 .~: . Y~7 i~I~ 1L~ ~ '"ll 1 ". ~ ~ ~, ., ' ' ~' ~ t . ,.`fx~ a. 9y, 5 5 ` ~ , . art, 1 ~; ~ .r i ~~~~ Py i a . ~< CL . , `' II . n - <. . ; ~ . •'~` - ~. : r vr:F~, •ry. ;'xiT`^~,[ - ~ t ,x F ti - ;~. if'.i- ..! ..!',, rte: 'wM+ c.. w~yNif,~k ,,i.^~~. 77 ~ t 3 ~ ~ .cr,,: -,~~' . ~s~%~~,.. ~rz%~' ~~ . , f ~ ~; -»r. , = z- ~ ... .~ r'y.< 3 ,~• ,}~ ?at4"< fR`x ~1 ,v i'. `'. li ' 4.: "~Vlr "T .N ; ~ " . ix ~...x, M. , ,_ .,,. , 's•~;: ,`t `..~ :`~`... 2- ..l ~(4°$i ,C4 V~v r .. v I t I.: • ^~ , . . y=~yx•: }h~. : n ~ , r ; . li. :• 1' ~: ~ i 9 .. ^ .w Y i:~4'J, e. a :, Y, ~ $ • ~ `' A + .. '; ~t ;, ~,'' ~ ~ X `_~ 5 ~ gg ~~ ~, ._ ?lr• Y ~~` ' w ' R ~~~ • J ,d~ rN~ is3iq: , i I 1. ~ l:. . f 4 ., k ,,. ,1.N . ~ 1 t' ` Il . ~ ,I. ii ~ ;W r I ' ~` ' ; 5r ~~ I ~i~ i` sx' + : t ,i ,y,;. ,.,, ,_ . iX. _ 1 x ~ ~... :~~ ,i, . 1 "A ..y WF/ }} " :3it: } • r' ' ' ( ~ ,i''' ~st~ S' Vt"'~ ~ ~,~1 ( b'KI. iV~4t~?l~ x'z"."`[N'Ka~~•A ~'•~ ' ~ ~ ~~ r i:..t.y , •~ 'x~ JftJ~; , .Hu.`~3~~ ~ .~_ 4 ~, 'SK.'~S''f-f ~ ~~ Y-~i~xSfi~ rk d ~' `_ "I ~ ~ ~ .. 1 .. ~ I !y `..+n%~.'i^K 5.',e~:,~'~'. ~ i {Ff F~{I ~~~t?~,.~t•:'xr`e . •. ~~vx J I . ~. ,.. , I I~. { ._• 4 ~~' ~ 4 ''1i 9999 .. :. `~ ;; _ Y~ ~~~_ ;~ ;. - ~: ,n. ~~ ~~._ :~ ~s ~:.; ~.~ ~~ '` ~;.:, elef ~~ rye' ~: _: ~, << ,: ~. ~: '~ k:- ,.. { Meridian Planning & Zoning Commission May 3, 2007 Page 41 of 62 • and I, too, have witnesses and chased off many, called the police department, what have you, reefer units parked out here -- it's a tremendous noise impact. If I was going to come out and test drive my vehicle after maintenance, it's nothing but right-hand turns all the way around through our subdivision, which would be easy departure and return access back to the facility and same with this parking lot here. Even if I had a dirt bike and I could come off road, so to speak, on sidewalks, without even getting on a thoroughfare, this would be a great area to test drive these vehicles. That's my concern. I agree with Mr. Snow and Mr. Watson about putting up a cinder block barrier, sound bamer, of some sort, because the subdivision has provided this barrier, which is no more than a privacy barrier around the perimeter of the subdivision. Like I said, I have been here for a long time. I hope to be here for some time. As Mr. Snow mentioned, I have got a son that will probably be doing the same thing, walking to the nearby high school here in a few more years. This is a high volume traffic impact. There is a lot of vehicles that cut this comer with the backed up traffic. What I have witnessed is mainly high school kids cutting through this parking lot to beat the light. With the addition of any kind of a test drive or any additional movement of motor vehicles in this area, even with the addition of speed bumps, I think you're going to set up somewhat of a safety problem here. Anyway, I am in complete opposition of this rezoning and thank you. Moe: Sir? Rohm: Go ahead, Commissioner Moe. Moe: Okay. You said that you were there prior to the strip mall going in. At that time -- and you said you had been to council meetings and whatnot. Was there any discussion at all in regards to putting a different fence at that time? DeGrange: Well, there was discussion, but wasn't in favor. Actually, I was here with Mr. Watson also -- we -- at that time there was a security problem. We actually had kids -- and I have watched several kids before Mr. Snow moved in -- I can't remember -- Joe -- I can't remember his last name. I actually watched two high school kids cut through, ready to jump the fence and I went out and stopped them. I have had a picket fence busted out where kids have physically jumped my fence. At the time it was more security. The neighbor actually had someone break into -- actually walked into the house, the wife let out a scream, and both of us watched that person jump the fence and hop into a vehicle behind -- between the fence and the property in question. So, at the time it was more of a security issue and this is before the growth started coming and the noise and the population. But to answer your question -- kind of got sidetracked here. At the time it was more of a security situation, more so than noise. Moe: But to your knowledge there was really no discussions about wanting to put some type of a block fence in there -- 4 : 4 ,c ~ ~,~~ [~~ ~ ^~<<~~. Y L~ ; " ~~`~'~. S h ' ~ K ~ ~ k ri x4 ~si~z - ~. ti. ~ ~ ~f~~~j~~ F v4 _ ~ w ~{ ~ ~r ti~k'v ~ . ` ~.~' ,~ ~ ~ r~ 9 d ~? 77,~.. ~5.~ - p fir: ~ f Fr _14,. f h:. ,x `fi ~ g z ~ is s ~ ' o n, ~.' ~ . ~ t. _ . r'c'.rs~..,~,. ~ ~ r - r *rt 'u-tei: ~ ~ r .ir.. a~ ~ ~ 1 '` ~ ~ 5' ~ .~;. u' t c« +:v 4 ~ ~ ~R t ,?,, , ; 3= d ~ _~-` y2;~,v. ~. , ~, 5~ { ~ ~, ~ t p f~ .+~ 1 ti,.- a~ ~N~Y ~ ' . ~. i ~ ,,. t _,~ ~ ~ y ` ti ~,. • • ' Meridian Planning 8~ Zoning Commission "~ 4~ May 3, 2007 Page 42 of 62 ~~ DeGrange: Well, we had mentioned that, but we were pretty well stopped. The zoning commission laughed and said how could a high school kid jump a six foot fence. So, that was -- I kind of saw where that situation was going, so we gracefully backed down. Moe: Thank you. -~" Rohm: Commissioner O'Brien. O'Brien: Yes, Mr. Chairman. Any recollection on the use of the dumpster. Now, the majority of the noise comes from the disposal carried away by truck or is it from people using it, slamming the lid down? `~ DeGrange: It's from both. Myself and my wife have contacted SCC to do rescheduling. _~:; At one time the trash pickup was at 4:30 a.m. Saturday mornings, of alt times, and not only hearing the diesel truck, but you would hear the lid slam as the dumpster was being brought over the truck and, then, however they manipulated the hydraulics to get all the trash out and, then, set back down and slammed. And, finally, they -- it was later on in the afternoon, but it was still on Saturdays. But I mean, yeah, the metallic sounds of the dumpster actually being slammed back onto the asphalt and picked up, is very -- O'Brien: During the day the -- from the people that use the dumpster, is that an issue ''fig: that -- x ~. DeGrange: Well, there is -- you know, during the day it's -- from -- you hear it, but it's not so much of a problem. You know, Imean -- when you're at night --Imean we -- we have to keep our blinds closed, we keep our windows closed -- if it's not vacuums, it's ~~ the beeper, the timer beepers on the car wash, you know, we have actually had one of _~ the -- my wife had him come upstairs and actually listen with the windows closed on the - -- the loudness of the beepers and it was at that time that he finally turned them down. '`N`` But, you know, I guess in conclusion it's just been a long, drawn out battle. Imean we strategically placed vegetation to block off the Mavericks, the car wash, you know, I ~~ mean we are just kind of surrounding ourselves in with trees and whatnot to seclude ourselves and same thing trying to have some kind of a noise abatement there that -- forthat mess, but it's -- ultimately it's -- to me this is going to be nothing but an amplifier that's going to create nothing but havoc. O'Brien: Thank you. r DeGrange: Thank you. Rohm: Kurt Farmer. Farmer: Kurt Farmer. I live at 1530 North Santa Rosa, which is this property right here. I moved in coming up on two years ago, knowing that this was a commercial development, zoned for commercial neighborhood. I was willing accept, because it was existing, the car wash noise, the Maverick noise, kids that wash their cars drive down to i 4.ii.-' '~ ~ ~ ~~~~ ' 1 ;:' -, i c ~ fih ~ ti i C<~ ~ i ~~ 3 a~ A: +' key w . ,. 4 f L. "' ~~ ~' ~ r Y ' ~~~ ~. ~~ ~_~ f, ~ ,,r ~°~"r~Ete""" J ~~i , ~ ~~~ i Y 1?!f~,}' a f~i ~ ~ i ~,~ yr ~~ -. ~ ~ :' r.'. ti ~ }~. ,1.. LI i : ' ~ ,~ ' .f ~ nt ~F ~ rn ~: r c~~ ` ; ~ 're '' t '~~F" ~` ; o i rt ~ f ili ' 4 i, ~. ~a,• t~ year. ~~ V l4 ~ ~ y f ej (~~'~~ ~e~+~Y y'~.' l ~ ~ ~ ~ ~! V , µ ~ 'f ry ~ }yy S ~ ~ Q7Y~ ~t ~ 3N~ 7 1• .z' ~ , Y,~ }~ ~~ ~ ~; ~; ` " ~ .t ~~~~?' ~'ari~` ee 1,' ~7 :;tt .^.S -E~4y; i s .~ . ~f ~ .' ~r ~t,~s.-~y' s r- ; }+ ,}' L,1I~.y ~, r: +~I S, .r _: ~... ~. _ Ki: r: .. ;~ >, } ~. ~:. ~~> #. ;ur',. :~ ,~ a ~: ~, _3.__ ~; y ® s Meridian Planning & Zoning Commission May 3, 2007 Page 43 of 62 my end and have their stereos going loud. I just figured that was part of what would happen. I will go out and shine a light in their windows and they take off rather quickly. We do have people cutting through our yards, jumping our fences, that type of thing. Those are things that I guess I have to accept because I moved in with those conditions already there. However, changing the zoning on this -- good intentions or not, human nature is to go for what's convenient. We are -- people are going to bring their scooters in and they are going to hand walk them around the Dominoes and around to the back and into the building to work on them. That will probably happen for the first week. Human nature will be, okay, well, I'll just kick it on, get around there really fast, I got to get going on it. And, then, to bring it out to test drive it. I just see that good intentions are not always followed, especially by employees, having managed employees in the past and having been an employee in the past. So, my -- like everyone else, my concern is noise. And from other comments I agree that as much traffic as comes through here, I -- I try and walk my kids over to the Maverick or ride their bikes and it's hazardous enough just trying to cross these -- any of these intersections to go get a snow cone that might be out here or into the Maverick. I just can't imagine anymore traffic that we invite in there specific to a vehicle, scooter related. And those are my comments. Rohm: Thank you, sir. That concludes the list of individuals that have signed up to testify, but the microphone is still open, so if there is someone that --one at a time. Watson: John Watson, 14 -- Rohm: You're going to have to make it very quick, because you already testified. Watson: John Watson, 1486 Silverado Place. Just several things I want to add. In the very near future Linder will be extended to five lanes and the number one entrance to that I will almost guarantee you will be blocked to a right-in, right-out only and the noise from the trash is specific -- the pickup is a problem, but also employees dumping trash between 8:00 and 11:00 and midnight, that is also one of my primary concerns. Rohm: Thank you, sir. Crandall: David Crandall, 1864 East Lock Meadow Street in Meridian. Mr. Chairman, Commissioners, there was a -- I read in the report -- and there was a brief comment when it's changed from a C-N C-C doesn't the buffer, then, have to increase? And I don't remember if it was 25 feet -- 20 to 25 feet or 30 feet to 35 feet. I think in protection of the neighbors, in addition to the landscape, I think there should be something in the record that if it is changed to a C-C that that increased buffer zone should also be a requirement. I happen to use the business. I happen to come down to Maverick, I happen to go to that movie store. Human nature, as we have discussed what it's going to be, it is almost impossible during the daytime to drive a car from one end down to the end, Maverick, pizza delivery, the car wash, I think human nature is going to be that these guy who are the employees of the store, when they want to start test driving those motorcycles, they are going to find they can't test drive them down that outside street. ' ~ ~~~~ s 1/ +S t' x2 1? ~~A ~ A'.J ~• ~ k., F ~~ - ~ r.,;rf; 'k j ~ ,~N f ~ r Fz > r. ~'~ - fi r :i ~Q1 ~'T$"~ ei s'~1c `Ya ~:cf~-- ~ a ~~~ r. 1 t~?r - _ ~ ~ W .tip ,. W~~~. " ~5 ~~y+ * : Y _ .~ ,i Bch fi~ r '+ ~ x,. i.. ~ s r N c+ F ~~~ ,{~G, G Sr~ y M g ~ s>'v C~ r ' ~F R~~~ yy J~~ a'~ t F ~ ~ ~ ad N 7 r 9 ''~' - ,y, , ~: `" ~~ ;': t; ~ ~ y s ti . t Meridian Planning & Zoning Commission '~ May 3, 2007 :' Page 44 of 62 3' ' ;,'~ - ~a 5 .; J~:;~ ',s'~~ ~'_,;. -' '~ ._ ~~; ~, r; It's too much traffic. It's too busy. They, by nature, are going to just say, oh, let's go to the back, there is no one back there, it's open, and they are going to start racing up and down that back. I can just see it happen. Because I know the times I have tried to get to the Maverick, sometimes you can't get up and down that area. But I think we -- the other things I think you need to consider, too, it does -- I think you heard the statement opens a Pandora's Box, if you change the zones for this one business, it's changed. I mean any of the other businesses go change and want to change, it opens the door what can come in and it's just going to keep escalating and I think that's what the neighbors here are concerned about. So, in addition to the landscaping and buffering, I hope you have some strong wording in there to really help protect these residents. Rohm: Thank you, sir. O'Brien: Mr. Chairman, question for staff. Rohm: Please. Go ahead. O'Brien: Sonya, on the -- on the wall of -- if they installed a concrete wall or whatever, what is the experience on -- on sound buffering from those. What good do they do? Do they really buffer up that much different than anything else? I didn't see that in my experience that they do that good a job. It seems to me like -- you're talking about an air space between two walls might -- but a single wall, I don't know if that would satisfy putting that up around the perimeter. Hess: Mr. Chairman, Members of the Commission, I don't have a lot of experience with sound abatement walls. I don't know if my supervisor here would know. Hood: You know, it really depends on where the noise is coming from for the most part. I mean noise that is happening further away from the wall is going to carry over the wall. If it's dumpsters and things that are closer to the wall, it actually will do a better job of screening that. Cars driving down there, you're right, I mean it will do better, it sounds like, than the cedar fence that's there now. Will it totally abate the noise, I don't think so. So, you know, without there being some type of noise study, we won't be able to tell but O'Brien: Yeah. I didn't know if there had been a study done on noise abatement pertaining to concrete or a brick wall, if one was better than the other, or a double wall with space in between, you know, that kind of thing. So, I didn't know if the city had experience with that in other areas. Hood: Again, Mr. Chair, Commissioner O'Brien, I can't think of any instances -- they are really site specific and I can't recall some of those instances and what the conclusions were of what would be the best -- I don't recall any side by side or some spacing with a double wall -- the taller the wall, sometimes even an eight foot tall is going to be better than a six foot tall. I'm not proposing that, but a lot of times that is something that is allowed in the commercial district and it helps to prevent some of the other things you n, ~,~. ~: ; x ~, , . 'x ,:. ~ ~~~ ~_ '`N.+~; . tt~3~1'$+tr~ ~~ ,,~.My ;;> .~ z ,y ~ 4 $'',+5 r ~ ^~" ~ y',~ 4p ~~~ Y ~~ ~ A . _ z~ ~ Uhl .!~~~~ ,,,F~ ~3 w'+~'kr i° ~ ~ ~ :, i , j t ~ ~ r y ~~~r~~ r k'~ ,~ ~< ' , $ ~ ,,, ~' r; t; F ~~, ~ ~t tt ti: 2'+~+12' ." ~- r-:: u.~. `° Meridian Planning & Zoning Commission May 3, 2007 ~t; Page 45 of 62 have heard about tonight. Scaling an eight foot wall is a little bit more difficult than a six, ~~ so -- ~4 ~:; O'Brien: Thank you. Appreciate it. That's all I have. :III Rohm: Okay. Before we have the applicant come back up, I have one more question. - In your staff report did you recommend that we require them to change the buffer to ,: a match the current code for C-C from what it currently is? Is that in the staff report, '~ ~ Amanda? r. ~ -~~ 1. ~`~'~ Hess: Mr. Chairman, Members of the Commission, no, it is not. Staff only recommended that additional trees and landscaping be provided within the existing buffer. Because the site is existing, it just seemed a little impractical for the property owner to have to retrofit the site, to rip out concrete curbing and, you know, asphalt, to, - then, put a new curbing with additional landscaping -- you know, which, essentially, would just be sod, you know, grass and whatnot. So, it sounds like it might be more appropriate than to require some sort of, you know, fencing and additional trees to fit ,T4~V what the neighbors are looking for. ' ~~ Rohm: Okay. Thank you. I appreciate your comments there. Is there anyone else that would like to testify on a first time basis before we ask the applicant to come back up? Okay. At this time would the applicant like to come back up? And I don't really care which one of you comes forward, but, basically, the comments from the field have been primarily due to the noise. ;:~r Moe: Mr. Chairman, I'm glad he's come up, but we probably want to have the developer "~~ come up as well, because I do have definitely a question for -- ~ Rohm: Absolutely. ~: '~.' Fieldstad: Mr. Chair, Members of the Commission, Eric Fieldstad, 12979 West Bain '~} ~ Court, Boise. I will be very specific. The opening of the store was a good faith mistake '~ and I take responsibility for it. It's my understanding that children's toys, accessories ~~ like helmets, repair parts, and light maintenance were part of the authorization given. I; ,'. As soon as it was brought to my attention I met with the code enforcement officer, :<< asked of the staff for an immediate meeting, which they responded within 24 hours, and -~` ~ I offered to the city staff to close, so there was no further continuance of violation, either perceived or actual. So, I take responsibility. The sale of the vehicle that was out in ~` •~~ front was a private thing and was removed. So, that was not in my jurisdiction. Just a -' couple of very minor points. We appreciate the consideration of it. Scooters have been ~`• the fastest growing segment of the motorcycle industry for the past five years. We hope ^` you see that the addition of our store as a positive contribution to this great community ~ and we appreciate your consideration. ~~ Rohm: Thank you. 4 . 5 S~ t . ~ t '~ I { ,Y~ fir. ; r~ ~ M'~4i X Y^ -4• 7 :3' S ~' I .}`,i r ~•. ~ 'Y~ . ;~~' i ;3 ..~ ,.~ s E.r ; tra:' I i . 7 : e; .. t .,. . . .. _ -c z': .i.. va ~ . .1~ ~; ,. r. :;,t 'a: w . J E % ~ ~ _ +i ' ~ I . 5, I . '~:~ . , x3sn .:.~ a, i ;'T ipS Gs~"r:y ~ a!' ~YL• '::. aY" ~i ~~ .1. ~{ 1 I' .,~ D ;. L:~1,t.'tV y ' x'.1- - pk~ ~ 5'`'M.r. var. ,. ~ug~. e~'~,.T; .y e SSE: s ~, iy P• i . f'.. K ~ ~ :~... 1. ~ ~ ~ 3 ~ . , 1 .4•;v . A X,X: n"w '.~,~"~] ` ' •t~j~ .t: fr'J ""Y;,rxTTJx"~ ~ l E` .`.? 5. 4 ~ AA ~ , •~rn ; ~ . Q,' ` _. ~ gip l~ :^ '~ %.. ' k ' v';i j R .f=,-r n.r.; ..t: '~ ~ r ' ' ,.,.. ... a t r! ,• 'r Y ,. . i ` r . _ `'d Y r .. 1 `. .r5. .. 4 ~ i . i i I . . r. . s u. , '4' S "~.. 6y~ . 'o~' L: . 'k• '~ tom ` . ..F, x. r u r. 7a .~.„a. .. , .s. ., yt ~ v d ~. .. '~i..r Fi.J. ^'~.. .. .. .. .. ' , , , ~ , a • . a . , r I . .. .. ~:r , uJ Sf: . . ~ ~r~ l rN., v.~,. r~ ~ ~ ~ . .. ~ 5 h , ~~ +~ a ~ *' ~ ~ . _ .. a _ .. : .. 1' '~ n . ..}rv. :{~~, r ~ E..,Y . ~, .. , , _.. , , . .nk sX~•x .~ .r t. .ah ~. ~' .`t . •F .fin:: T+ ~ y `...5~.0".~s~~. •n'4nS'i'F n"Z",}. - j.. , ..:r~ rv3• :.~a~. !. _. :: '{,~~k'S {~', ~ , ~ . ~ ~ ' x.71'. '"'?~ 'h' J '4< ~ r. e 1 7 Y, a( . ~ ~` ~ I o. `, r ~ s ~v= ~' I r, I . f. , .. } a ~ , v fir '?"~ j o-2 t+ . ~. h~ ~ ~ l' s!' 5 ` i '~~! .. ' . l ... ~t : '~ 7 ~ ~ y.~"~g .~~ .. :i::~1 t .. 1 k . f .r ~ ' 6= :,i; Ord .Lr1.,x'~r r ~~ i p~~ ro Y:~ f'S"` ~ 't . ,~ ~; ..A :A 'I "~ ' ' ~ _ ~'nr 't~fi . E- -, x. r .. .eR ~ 4'~ "',E aR"Tt `.£.L ; `' ` ;° I I 4 5 . 3 ,y ~,~,'„k. n,; ,Aye; ~~~ • e k <!'• Meridian Planning & Zoning Commission May 3, 2007 Page 46 of 62 Brown: Richard Brown, number 24 South 600 East in Salt Lake City, Utah. `` '~' Moe: Mr. Brown, I guess, you know the main thing I wanted to get -- you're looking to , change the zoning from the C-N to C-C. On the report you have stated that the ~, ; properties to the east of Linder Road there are -- are zoned the C-C and, therefore, you `° were wanting to have the same designation. Those properties over there, they are ;'~~ bound with a perimeter block wall and whatnot through there. Actually, when they -- probably 18 months ago or whatever, when they were going to do some expansion . , .. E:,s,'~~ farther to the east, they came before us and we had also told them if you want to s ~'~ expand you're going to have to go ahead and match out your block wall all the way ' _~;~. ~ around, again, because going with the C-C zoning. So, I guess my question to you is -- ~:~~~ is if, in fact, we were going to be looking to go to a C-C zoning on your property would . _'~ you be willing to put up a block wall around your perimeter? .. ~~ ~ ' ' ° ~`' Brown: We have looked into the cost of that. The approximate cost is 31,000 dollars to `~ do that. That's a pretty significant investment for us, you know, on this piece of property ~ ~` ,,. ~; , that's been existing for ten plus years now. If I have to do it in order to change the ', ; ,~; zoning, you know, I'd consider it. Do the neighbors want to participate in that cost? It's ~.w{ adding to the value of their property as well. I don't know. I don't think so from that ~ : ' ~ ~ J comment. 4:`~ Rohm: It doesn't sound like it. Moe: You didn't anticipate getting a different answer, did you? ,F,. ~ Brown: You know, as far as the -- as far as the additional plantings and those kind of F ~.~ j .. ' thin s, you know, we would be -- we are willin to work an ~ k~ ;, g g yway we can to help it. I don't think that we have been totally intolerant of our neighbors in the past. You know, we 4g_, ~ ~.~ have heard complaints in the neighborhood meeting about the -- the garbage service. ~ ~' Well, there is a restriction in Meridian ci limits, you can't ick u ty p p garbage in r _: commercial areas until after 7:00 o'clock in the morning. Ours gets picked up at 11:00. s: ~'~' "' We have asked them to change and they did change. The six foot cedar board fence -~ was installed when they created the subdivision. We maintain it, the homeowners have maintained it, it's in good shape, it does its job, but, you know, as far as a six or an eight foot block fence, that's a pretty expensive investment for us. We'd have to consider that ~. I think. Moe: Thank you very much. Brown: But we will consider that. Any other questions? Moe: That's all I had. Rohm: Okay. I think at this time it's appropriate to close the Public Hearing and, then, _~~: we can have some internal discussion amongst the Commission. .:'7~ ~ ~. :}~ a• .~ ~~' t a Syr ~E,~x ~ /. ~1 t ~ K K ~ :; ~,j Ny r ~2 t~ ~ S i.~c ~. j. _ F r '+~ f ' ~ s'F, r ~ ,~~yy~~ fi'.. 'j 1 ~' a Sl!a~'.. .. r ~ ~ yy~ ~a aie ~ , ~~ .~ X ». a x f j ~~j [Ff~ - ~ a '~+ 1 ~ ~ ~, 1 ~ iJ'; lax ~ + '- 4 ``yy th ~ `t s r 7 l~~ I 3 ~ ~, AS ~ ~Fl 7A4~Y~:.... t Yig~ '~ 1, y ~ '~ ~'' C "'{~i ~µ~~ A ~ y~ ~ ~ B~, J Ti- ECk .t l ~S ti G+ 3t ~ ~ y~~~,l~; i` '~ i rs,w ~ :, ` rt' . s . ~ + ~. Y ~ '~ .',{. . L ft ~~.: ~.. ~~ • ~>=`~'~,'=~ Meridian Planning & Zoning Commission ~ ° '' May 3, 2007 ~ Page 47 of 62 `~' Newton-Huckabay: Mr. Chair? `; ~;> Rohm: Commissioner Newton-Huckabay. ~ ~~ ~ Newton-Huckabay: I propose we close the Public Hearing on RZ 07-008 and CUP 07- ~` ` _ 007. Siddoway: Second. ,r Rohm: It's been moved and seconded to close the Public Hearing on RZ 07-008 and ~~ CUP 07-007. All those in favor say aye. Opposed same sign? Motion carried. ;;~~ MOTION CARRIED: ALL AYES. Rohm: Okay. Commissioner Moe, would you care to -- Newton-Huckabay: Mr. Chair? Actually, Commissioner Siddoway is looking at the C-C zoning and has some comments on there. I think it would probably benefit all of us if he were to go first. Rohm: Well, thank you for your input. Commissioner Siddoway, why don't you go first this time. ~.` Siddoway: Such pressure. Okay. I'm going to take them one at a time. On the rezone, ~~ I don't have any particular objection to rezoning in order to accommodate this use as a ti; conditional use. I have been looking at the zone and looking for those -- the intense -- the more intense uses that the C-C zone would allow that the C-N zone does not. They actually are quite similar to one another through most of their uses, but there are three '= that -- in particular that I saw of some concern. One is fuel sales, one is the vehicular ~;t! washing facility, and a third one is building materials. Now, two of those three exist on the site now as conditional uses and the change in zoning would make them permitted. Should those uses propose expansions of any type in the future, I would want to see those remain as conditional uses, so that the neighbors would have a Public Hearing to testify at regarding any expansion of a car wash or the fuel sales. Therefore, on the rezone side, as part of the development agreement, I would propose that those three ?: :' uses specifically remain conditional in order to address the potential future impacts that the rezone could create for the -- for the subdivision. Regarding -- there wasn't much J discussion on this one, but I want to bring it up, just because it was the first issue in the staff report for outstanding issues, and that is the traffic safety and access management `ai;:: and I would just say in relation to that, my thoughts are that, you know, I would support additional access management, but I don't want to -- I don't feel this is the time part of this, because just sticking up a sign that says change to right-in, right-out only doesn't -, ~ really change anything and creates an enforcement headache. But knowing that a ~.t' future road project is coming that could install medians or something that forced those changes, I would just go on the record and -- that I would support that as part of the '~~ future road project, but not as a condition of this application. On the -- the Conditional :t i t - a_::. ~~.{{ x / ~ ~ ~:.1 / 4,~ 3,r~ ~ ~~~M~~3~~. 3 ' !} . ~. ~hy'~. , Y r F '~. 1 ~ ,~ 5~, n ~ ,'~Z~ '+~ ~4.,.., .. 0 ~ j e ''F h~.: ~ C ~tl - Fa -~r A; {hy,I YS`~ ~aF ~... ,f,~$ po~,-.' ~{~ ~YnNie},~' 41;; Y I ~ ~ ~:~~~~ :ice ~~ ;._€ . - n"~Y a r t 9y ; >~ ~ ~ }:;' x` t 3 _>> -~, ~ L, ::; i ~ i1 ~rihy4.. ~'''` ~ • "~ `' Meridian Planning & Zoning Commission May 3, 2007 i ; a Page 48 of 62 '~' ,,, Use Permit, the noise is the big issue for me. I -- as staff, I dealt with noise a lot and -- j well -- and I didn't particularly find any benefit to the block wall for noise issues. The ~~' noise just seems to travel over the wall and as commercial areas have gone in, the ~~~: ~~, noise complaints are still -- still come in with the -- in areas where there are block walls. ~ al So, you know, I could support one, but I don't think it's really going to address the noise ~~ ' ~ ~ -~; issue. So, in my mind I'm thinking how do we address the noise issue and the no test ;_ ~~: rides on the site seem to help that. There needs to be no outdoor sales. The sales r '~' ' need to be kept indoors. I don't think there is enough parking to accommodate taking _} ~~ ~; up parking spaces with vehicles that would be for sale. I think the rear doors need to be ' µ, ~` ~`R closed whenever operating power tools. I think it's accommodations like that that are , going to make the biggest difference in -- in the noise. So, that s -- that s my thought. I ~~ ~-~ }`' would support the addition of landscaping. I keep trying to think of a place to move that ~'" `' ` ' dumpster, because I would not like to hear that slammed at all hours of the night, but E_,, . ,, ~.~, don't know if there is -- well, I don't know if there is anything we can do with -- Amanda, ' ;~ . ,~ does the existing landscape buffer end at this point here? This looks like asphalt from that point on. I'm just -- but it looks like there is some trees here, so I'm trying to figure :~~!~- ~ out what's going on on the site. .: ;~~ `; ~: '-;~ Hess: Mr. Chairman, Members of the Commission, actually, at the widest point the landscape buffer is -- is here and I think in my staff report it talked about being 19 feet ~~~', wide, which, then, at this point abruptly -- you know, a 90 degree tum, comes down to ,e ,;;~ 11 feet wide over on these two lots. I think that answers your question. ~; : ~~ Siddoway: So -- and this is you say 19? `'"' Hess: Nineteen. Correct. This is 19 feet wide. ~. Y >;~ Siddoway: So, close to the 20 foot buffer required between land uses. Hess: Correct. {~ Siddoway: Inside that 11 foot buffer -- I think that that would accommodate the '" dumpster enclosure, but if it were -- the enclosure were relocated further from the "~' residences -- I'd certainly entertain the idea. I don't -- anyway, I'll let my comments ~;: stand there and move to hear from any of the Commissioners and -- Rohm: Thank you, Commissioner Siddoway. Commissioner O'Brien, did you have some additional comments? O'Brien: Yeah, I really do need to comment on a few things. I really seriously listened Jw to -- as I always do to all the comments from both the applicant and the homeowners around there. And I have really looked into this as much as I could for as much experience I have in this Commission. You know, there was a reason why they zoned it - C-N really and I really feel strongly that that reason was for the issues that we are seeing before us tonight. To change it to C-C, I think -- I'd have to agree that I think we are opening up a problem. And, you know, I think we look at this thing with all the S'. '.t.s ~ F s- z ~. H4 i:~r 4 b~ 'd.?;3 ~ c a ,~ r Yf ~ ~ ~~~ _l~, ~ ln? h~~}~~~V~ . sip , , .. ~,~k'~?t' x ~s }~ »1~ K +r =;? i T~ ti , i, j f ; ~y~-i ',' ' u, _ ,~+f ~ 'ZCr _ s r'~~Y ~~ a ~z~'~~'; ' ' - . .. . 11 i~,.~iy ~ ~ ~ ~ ~r~ , r ~ =~" t ~Sh '! t M ~~~{e; {' ~f y ~~ , t ~~~~k: lr F ti [~ N ~~ ~t 11 ~Tf,~. : ~q, E; , t YF r 6~t'~(9S~"~~ .,. ~` • • ; Meridian Planning & Zoning Commission May 3, 2007 Page 49 of 62 ,~ '~' Band-Aids looking to put in place, I just don't think that's going to work. That's my ~ "=~ personal opinion. I just don't think it's a good idea at this time to change that particular f ~::~~ thing. There is too many little problems that are going to creep up and they are going to really blow us away there. That's all I have to say. ' ` , ~ Rohm: Thank you, Commissioner O'Brien. Commissioner Newton-Huckabay? ~~~ -~ Newton-Huckabay: Given that two of the uses in -- on the property are C-C uses, .:~~ makes somewhat for me the zoning a little bit of a moot issue. I think we, actually, give ~~ ~ ourselves more power by -- if we were to move forward with a conditional use of the ..~;,il ~~" '~ three uses that Commissioner Siddoway was talking about. It does insure that should expansion or some other changes take place on that property, that it comes before the Commission and the neighbors again. I'm not sure if that would have otherwise. `' `~ Regarding the traffic, just stopped at Maverick on my way in tonight. That is very busy. I also agree that we aren't going to get a real benefit until the road is expanded. I live ' ~~ off of Linder myself in north Meridian. If we could put some gas stations on some other -~~ ; comers besides this one, I think we would all be happier. I would like to see a block L_,~ wall to mirror the block walls that have come on the other properties that are zoned C-C. '`~'` I will, I'm certain, be requiring one on the northeast comer when it comes through with that commercial in the future. We haven't seen that one yet, have we? The northeast comer. Did we? Okay. Did we require a block wall? We will. That one is the church? Hood: Mr. Chair, Commissioner Newton-Huckabay, the church abuts that, so it's a little bit different situation, where the other ones are residential directly adjacent. The church ' '7 use is directly adjacent to those three homes that are there. So, there was no s; ~ requirement for a block wall. Newton-Huckabay: Okay. There wasn't -- okay. Now, Iwant -- yeah. I guess would ,~: like to see a block wall and the additional landscaping. Generally, when I envision what goes in this strip mall -- because I do go in this area, too, this isn't the type of business that I really envision going in there. So, I'm not really sure where -- where I stand on it. I think that the scooter industry is only going to get more and more popular as we get closer and closer to five dollars a gallon for gas, so -- I'm going to have to end my f comments there. I just am not sure where I'm going to vote on -- on the CUP at this time. But I would vote in favor of the C-C zoning with the -- with the addition of a block wall, with moving the dumpster, and additional landscaping, trees, and such. Oh. And the conditional uses on those -- those three uses that are different from the C-N zone. End of comment. ,: Rohm: Thank you. Commissioner Moe. ~'`~~ Moe: I'm confused now. Number one, I am an offender. I have been in that parking lot ~'~ : and I do go through the parking lot to get to the west out and go. I'm guilty. I have done '~'~'' that many times, as a matter of fact, because there is not a lot in and out and it's a pretty tough place to be anytime you're in there. We talked about traffic. Dominoes is <, ` the traffic there, folks. I mean is that -- that's a race track over there when they are in 4€ ' Y. ; r ` ~ ,, r '~ ; 1 ,rT s ~ - ~ ~~ _ F :' .. -. .cf ~~y H ~.,~ ~ i _ 'AS -~A1.~i~~~' "'13,~ ~ v, 's3 ;- ~~ ~ t ;m - rH!r~P., ' 4 a..~, f~ ~t~r M (~,~~ J n ~ a ` y.. ~:~t, ~w`'- j ~ rFe J f "' ~ - Mid.. ~ a . _. td ' a ~ ' ~ 4 ~,. t ~ ~a} T : ..r ~ ~y1 ~. . ~f s ~ ~ ~ i ~~'~ ~ l" ~ ~n. ss s;, ,;Jr,. < ~ r'~ ~ y -d l ~r.~'~Y... } Y ~S . Lam' ,~ [ •'h~t_1' !t ~ ~~ Y ,Y" ~ ~ "hT~ ~ ~ .~ _ - iKt~? a.',"E ~ . °~a ~e f 5 C} ~~k, r. . ~, y ~ ~~.: F:: n .z~ ~ ~ Meridian Planning & Zoning Commission ' `' ~ May 3, 2007 ,; d".'~a Page 50 of 62 ~k,,,,~, rc >,~ and out. That place is very busy all the time. The likelihood of them trying to service scooters in the front of that building, that's going to be a hazard more than anything else ~~ , ~ and my concern is that you could start doing that and then, you're going to find that that is going to be a problem and, therefore, then, you're in the back trying to take care of it. So, therefore, then, you got your noise in the back. I'm going to jump around here a ,r ,~~ little bit. The C-N to the C-C, I don't have a problem going to the C-C, simply because } of the fact that we already have uses that are in there, but I, too, think if you're going to ~~~' ~ go to C-C, I would like to see a block wall, because I do believe you will get -- with a full :. « grouted block wall you will get some sound deadening at that point, which would be very " ~ helpful. But at the same time Ijust -- with the amount of traffic there and everything else, I think it's going to be very hard, you know, for the applicant to be able to truthfully '- ~' plan to service everything out the front and the understanding that you want to be a very '~' good neighbor and work with the neighborhood on that, Ijust -- I'm having a real problem that that can happen, just for the simple fact of what I have seen happen in that ~~._. parking lot. Again, I'm one of those offenders through there. So, a couple things. think the business itself, definitely would like to see it in Meridian. At this location, I'm having a hard time with it, no doubt about it. So, as far as the zoning, Iwould -- I would probably approve a -- to go to the C-C with that, looking for a block wall. As far as the CUP -- Siddoway: With the block wall, is the use acceptable with the CUP or -- ~;:,~ Moe: Well, I would lean towards approval on the CUP. Well, I'm still not, quite frankly, convinced of what I want to do with the CUP for the business being in that location. I guess the one thing I would just add to it all, the one thing I was a little bit surprised at -- alittle bit -- we have had the neighbors show up, but the direct neighbors to this facility, no one's here for either Dominoes or the movie theater. I realize they are tenants of this development, but they evidently don't have a problem with a scooter shop going in between, so that would be my comments. ~~$~~ Rohm: Boy, I don't know who is going to make the motion, but it will be Commissioner O'Brien. O'Brien: Yeah. Regarding the block wall you have to understand the -- what we are talking about here. A concrete wall of any type is not an absorptive material, it's a ~` reflector. It reflects sound back and echoes. It's going to hit the back of those buildings back there and reflect back over the top anyway. You're not going to deaden the sound ~,;~ with a block wall. It's not going to happen. It's just not going to go away. Newton-Huckabay: Well, there is nothing we can do that's going to make the sound on this properly go away, because it's got a pizza parlor, a movie gallery, a furniture store, a gas station, and a car wash. O'Brien: I agree with that, but the only thing I think of -- right now the only problem we have right now is the dumpster making the noise. We had a store there with other ~~~. ~. >lr r~ FXf t ~ L 7 ; ,~ . ~ ~ s~ f 1~ 'atk r J~Srr~a."~i' +a ~'~.: ~Eo ,) if ~:'~. ~ F~fy'"~-~ ~ 2 - I ~ 3 p ~c~ ~'_ , . ~ ~~ , ~ r ~}t, ~ t1 ~~ ~ ~~' ~y ,yp~{ ~ f~. dS ~ f u ~ - ,.,,n-».3~- y t~t' ~ ~k ~iY,~s t, ;: ~' ' 1 ly L ' S , ~ ~ '. . .. ~~ ~~' ..Yi r _t 7 .ry -~l4 i 1 ,' N j ~ P~ N~ ~}.. Si 55~ ~ ~ ~~ ~..~.10 ,~. u; )a • `-'~'`r >': Meridian Plannin B Zonin Commission 9 9 ~~' May 3, 2007 Page 51 of 62 ~~ `r potential noise makers, the scooters, et cetera, then, you have got more problems. 1. ~. ~~ ~'~= Moe: Well, each one of those -- each one of those stores has a dumpster to deal with. .,, O'Brien: Yeah. ~'r; Rohm: Okay. Newton-Huckabay: My personal opinion is that the car wash probably makes more F r ;' ,,~ noise than anything on that site, with those vacuums and et cetera. And, then -- but I -- `~ Rohm: My last final comments on this application are that the C-C is the predominate ~' ~~ ' use within this development currently and -- as in the Maverick and the car wash are '~ `; ` almost half of this whole development and to grant a conversion from C-N to C-C seems to be in order from that perspective alone. The noise that currently exists within this ~~ ;;_ total development, my personal opinion is isn't going to be significantly changed by the ~ addition of the scooter store. That's -- that's just my opinion. I do think that it is ~; `~ appropriate to require that the developer enhance the existing buffer zone and if that :;,. means doubling the number of trees that are there or -- I kind of agree with Commissioner O'Brien that a block wall won't do much to remove the noise, but possibly '~ the absorption of noise by a more solid tree line from east to west may be more ` ~ appropriate than a block wall. But the fact of the matter is is that is a very very busy ~~_;;:<: commercial development and it has been for a number of years and whether you put a ;. scooter store in or not, it's going to be a very well developed commercial section and in ~f- my mind what we can do today is help alleviate some of those things that currently exist by the granting of a rezone and the conditional use and overall I believe that the "= benefits to the community will be enhanced. That's my thoughts. So, with that being said, I think that pretty well concludes each of us voicing our opinion and I'd like to hear ~~~ a motion. And, Mr. Siddoway, you seem to have had the best handle on the various ' ~' ordinances and so would you care to give it a shot? ~: . Siddoway: I will give it a shot. ''~ Rohm: Okay. Thank you. x~ Siddoway: Mr. Chairman, after considering all staff, applicant, and public testimony, I move to recommend -- I'm going to do these one at a time -- approval to the City Council of RZ 07-008, as presented in the staff report for the hearing date of May 3rd, 2007, with the following modifications to the staff report. In the development agreement would propose that the following three uses for the site be conditional uses and not '. permitted uses. They would include fuel sales, vehicle car washing facilities, and ;,~;~ building material sales. Further, I would like to see the dumpster location relocated to the east, so that it's -- instead of being adjacent to the residential -- Vienna Woods Subdivision, it's -- Newton-Huckabay: Vineyards. a: ~~ ` 'ratf; 1 ~a C . its. '~f~ ~ F 1~ kii: ~{~Y it1 ~r~.. 4 tl ~L;' { 1. ~': ~'' lice ~,r 3'i;-. ~,~ s , F rr s} ~~KF k ~ ~tl ~~` ~ x ^, ` _ ; ~ `E ~ $ _ et + ~ ~~ ¢.-. , ta '~`~h: t y e ( h~ '. ~~i ~ .. 5 Y ti L' F I 1{~ ,. z n j ~~ 1 M 4 ~. t ~ ~ 1 .a,{~ ~ : . ~- 3] ,4 ,pin' . ... ~ ` F T '; ~~ Y~ f. i w ~~ ~ ~l a l. " i.; ~` i C:t~:~i.. •_ £ Y-~ `1~ f -5 ~y .. ^ t.~ '~' ~ ~ 'ty J1 ~ . C ~ aC F ~~~ r yx2 ,c.tr .2,: r. +. . n- v a.i 1~, '} l . ~'~ ~ 4 } 4 _ ~ ~ ,~ y~l ~~'`~ '~ ~' `'~ I Meridian Planning 8~ Zoning Commission c`x =:` May 3, 2007 ~'`; Page 52 of 62 ', ' ~" Siddoway: Oh. Vineyards. Thank you. Sorry. Vineyards Subdivision. It shifts at least ,~~, .r to where it's adjacent to the church parking. And, then, I'd like to see the landscape ._, ~;,; ~~ buffer area along the south enhanced -- and I realize this is partly addressed -- I'd like to emphasize that it needs to be a solid vegetative screen, because I think the vegetation will help do more to buffer sound. End of motion. _ Newton-Huckabay: So, you're not proposing a new fence? Siddoway: I did not propose the block wall. f:'; Rohm: Could I get a second? Okay. I'm going to second that. I think I -- as Chairman I can second that. So, it's been moved and seconded that we forward onto City Council recommending approval of RZ 07-008, to include all staff reports, with the ' aforementioned modification. All those in favor say aye. Opposed same sign? Siddoway: Motion failed. `~: Rohm: Motion didn't pass. ,.~ MOTION FAILED: TWO AYES. THREE NAYS. ~r ' ~~ ~ ' Rohm: Okay. So -- ti$ ~~" ~~'`~' Moe: Mr. Chairman, could I get a clarification of the maker of the motion earlier? ~. Rohm: Yes. ~1 <- Moe: In regards to the landscaping, you were just looking for a -- a little bit more µ"_ screening of that or are we looking to widen that and put more vegetation in there? Just exactly what were you looking at there? Siddoway: I'm looking to add trees within the existing width, but enough trees to make it a solid screen. Moe: Okay. Mr. Chairman, the staff -- Amanda, could you -- you talked earlier about the width of that area and that takes us from -- from the strip malt area just to the east to the Dominoes; is that correct? Was how wide? Hess: Mr. Chairman, Members of the Commission, the landscape buffer up to this point, which, actually, this is the Dominoes right here, the line divides it right here, that is where the 19, 20 foot wide landscape buffer ends and it tapers down to a 11 feet to the ~~ rest of the property here. Moe: So, Mr. Siddoway, you were speaking of just the 19 foot wide area that you would do additional screening in? ~~ d j'~ {' r.,: ~~ ~~ ~~ :~~:~. k~£~- 'µ' ' F I44.<~ i } 5+~. 4~ rr ~ ~1 ~.. yj J :_": ' ' ~ , r z~ ~ h 3. ?~ ff ~ ~ y "fir F ~> ti _ _` r f ..Sz-;.~1~~ ~~ i ~ ~ i , a ((+y ~ . ~7~t:~~i.: ~ hUt~ x ~ '~x'. ~ ~~{ + t r'~! r r ~ A ~ ~t ~ F~~ ~. yy~ Y5},'i5 t 1 ~ ~ r '~, ~ 4 ~ : ~~~ , t ~ti.ti. ~ a } ti s' w' ~t `-- ~ k 1~ v'~` r. , N n -t~,t ~- ' a 3 ~ y ," 4 ~t S r ~~~~ h }> LY~ - ~'Y hh ~~~`' ~ +~' FR gt,~y7-.~ ~~ L ... ~ . . a L':..._ Meridian Planning & Zoning Commission May 3, 2007 Page 53 of 62 • Siddoway: I think that's the most concern. I could -- I think there is room with the 19 feet to do evergreen trees. In 11 feet I don't think there is room to do the width of the base for evergreen trees, but I could say requiring the additional trees that are added to evergreens, so that they, you know, have their foliage year around and provide buffer year around. But I think it would need to be something else. Rohm: The arborvitaes I think could -- Siddoway: You could use the arborvitaes and junipers that were talked about in the last application in the narrower areas. Moe: I guess I would be kind of curious to at least get some additional landscaping east of -- you know. Siddoway: I would support that. Moe: To the church parking lot. Siddoway: You bet. Moe: Basically, what I'm looking at is if, in fact, we don't do the full expanse of a block wall and whatnot, that I would like to see that all the way through there with landscaping, so I -- Siddoway: Yeah. Entire south side. Moe: Yes. O'Brien: I need to ask a question on the -- so, you didn't mention a block wall being added to your proposal, but does the current receptacle -- the trash receptacle have -- is it out in the open? I don't know. How do I find that out? Is it surrounded by a block wall, like so many businesses have? Hood: Mr. Chair, Commissioner O'Brien, any relocation of the dumpster will require three sided screening. So, it's open on one side so SSC can get at it, but screened on the other three sides. O'Brien: Right. I have seen a lot of businesses have walls around a -- the trash area, which maybe would satisfy some of the concerns of not having to build a block wall all the way around the building, but maybe if the trash receptacle is such an issue, that might be -- Rohm: I think what he's saying that if we relocate the dumpster, the relocated, sir, will have a block wall on three sides around. R ,,~;-, Meridian Planning ~ Zoning Commission May 3, 2007 Page 54 of 62 z '~~; k ~ ' O'Brien: A screen or something. . ;; k - Rohm: No. The relocated dumpster would be required to have a block wall around three sides with access from the -- in this case it would be the north side. _~, _ II Hood: Mr. Chair, I should clarify. It could be a cedar fence, too. It just needs to be screened. So, it wouldn't be -- it wouldn't have to be a block wall, it would just need to F } ~~ be screened with a solid material So, they could do wood fencing or some other way to ~` ` ` ' screen -- visually screen, not noise screen. So, that's by ordinance. I'm just telling you ~,~. F .ti ~I what the UDC says. ~;:~' Rohm: And we can stipulate what -- Hood: You bet. You bet. t `°''` Rohm: -- wall would be required. ~.,k' Hood: Yes, sir. ~~, Moe: I guess I'd just make a point on that. Quite frankly, unless you're moving the `~' '' trash to the north side of the buildin ' ;,.. g, you re still going to hear it. O'Brien: Yeah. '•' Moe: Whatever you do it's still going to be there. I'm sure it's going to be in the back of `~;;~,~ the building somewhere and that sound is going to be there. So, I don't -- I don't know what we are gaining by moving it a little farther to the east or putting something around it. I think, basically, a call to SEC or SSC -- anyway -- Newton-Huckabay: We feel better. r : ` Moe: Yeah. Anyway -- so, if the maker of the former motion, if you'd like to redo that a little bit, with maybe some of the stuff we have discussed, maybe we will get a different opinion. t.~~ Newton-Huckabay: Mr. Chair, I want to add -- I'm going back and reviewing my notes `- and the letters from the neighbors and it mentioned enough interest in a block wall did come up that I found a couple times, so I would still like to see with that zoning change the addition of a block wall. Rohm: Mr. Siddoway, would you like to restate your -- or make another motion to see if } we can get some concurrence? y, Siddoway: I'm just trying to -- I'm not sure I understand the additions that you're looking for, Commissioner Moe. ~ ~~ i ~. Fri ~ ~~ I - ~ s . , ~., ,, + ,.~t~ . ~4~ ~S 1-'ADS;. 'ya l~ a~*, $( }T ,4¢~~ ~ _ 1 ~ ~ ~ rx. ~ ~~ cx 1 ' p ~ F z ~j ~~', ' ~ ~ ~ ~~ .~. ~. ,y ilY~LVjI-. ?~,~ a a" ; ~I ~'k . ~a ~;t'=". ~~ , ~+~ ~a 7t i~•.. $. t ~ ,L ih ? rt'.. a,. y.(. Yi 4i~ty1'. ~~ S ~54- 6~~:' '~' ,r: r~, ~~ ~ ~e~*' ;" +n ..rec. ~t1( .. t i , . J .- _. ~ ~ ' d.. ,j~4..F. { ~.4 ~ ~. f. fin ti. a. SS ~ '~}Slw..~., ,. r ! R,4 } I 5 N^ ~. k~'M ;. x ._ ,. L~' _,.... ~. ,,. ,,L ~; ~= ~;~ ,,~.~ i _.> .. .. ;, ,,; :i ~~~ , [n '`~ ~~ , . ,_ ~.< F .-y. ~- ~~ :, Pi.~ r'.- r~ • Meridian Planning & Zoning Commission May 3, 2007 Page 55 of 62 Moe: Well, you -- in your earlier motion you were not taking your landscape all the way to the east -- Siddoway: Okay. Moe: You were just looking to do some more in that nine foot wide area only and not the rest of it. And just a comment to Commissioner Huckabay -- Newton-Huckabay: Newton-Huckabay. Moe: Newton-Huckabay. Excuse me. And that would be -- I, too, would like to see the block wall, but at the same point with the fact that the Maverick and the car wash are already -- are, basically, a C-C right now and all they would to do is go back in for, you know, a CUP for any expansion like we talked earlier, the likelihood of them getting that would probably -- possibly could happen. So, my point is is I think if we could get some additional screening and whatnot -- I would think I'm going to be in favor of not putting a block wall, because I realize they want it, but I think that's probably more of a burden to the developer and it's not necessary, considering the fact that what Maverick and the car wash are already in for the C-C. Rohm: Okay. Commissioner Siddoway, I think we are ready. Siddoway: Okay, Mr. Chairman. I'd like to make a motion that -- to recommend approval to the City Council of RZ 07-008, with the requirement added in the development agreement that fuel sales, vehicular -- vehicle washing facilities and building material sales are all conditional uses on the site. That the landscape buffer along the entire south boundary of the project be beefed up with additional landscaping, preferably evergreen where ever the width allows it, but -- and possibly all the way across if the arborvitaes and junipers will suffice. But I'd like to really see trees of some form along that entire south property line within the existing landscape areas. I would also like to see the dumpster relocated to the east still and I would actually support that relocated dumpster required to be within a concrete block enclosure on at least three sides and in compliance with screening requirements per city code. End of motion. Moe: I'll second. Rohm: It's been moved and seconded to forward onto City Council recommending approval of RZ 07-008, to include all staff report, with the aforementioned modification. All those in favor say aye. Opposed same sign? And just to get an accurate -~ assessment here, I believe Commissioner O'Brien and Newton-Huckabay voted against it and Commissioner Siddoway, Moe and Rohm voted for it. Motion passes. ~:`.~ MOTION CARRIED: THREE AYES. TWO NAYS. Rohm: We still have the Conditional Use Permit to address and, Commissioner Siddoway, I think you're on a roll. s` ~. L k }ti n ~ ~ `" ~ ~2 +~s ~y f ~; ik r S'. f ~ F h .Xa: . ,~j, 3 ~ ' j ~~~:* 4yJ '~ ry ~v._'_-. g h~ 1 ~ ~ ~ f YS`.. ~Ye ~ rt ~ _ ,Y, .:_ n a 1 ~~ ~~~' ~ 4% ~ i' 7 . r k° ~ ~ ~ k ~?. ' ryy * ~g ~ ~ 6 k~x ylin {r HS4y;:11'y •• Y F ~ (~ `J"( [... , a, ~~ ~~ ~~~~ ~ 1~ ~ ~ } ~~ m ` ~~~~ ~ Rt #LE ~.w fi'~s ~'. ~ ~. „ ~ ~ _ ~ +~k 7 ~. u~,-~. .d., +'f~aF.h'ou~:. ~; ~ ~ ° Meridian Planning & Zoning Commission May 3, 2007 Page 56 of 62 Y'~ z : ~ Siddoway: Well, Mr. Chairman, I am in favor of the use. I do share the concerns about the noise. I'll just try to make this into a motion. After considering all staff, applicant, '~-< and public testimony, I move to recommend approval to City Council of CUP 07-007, as Y' .; presented in the staff report for the hearing date of May 3rd, 2007, with the following F .. ~~ additional conditions: That -- to emphasize that no outdoor sales are permitted. That there be no test rides on the site. And that the rear doors be closed whenever power tools are being used. End of motion. Rohm: Second. It's been moved and seconded that we forward onto -- well, no, that we approve CUP 07-007, all those -- ~' by Hess: Mr. Chairman, Members of the Commission, because you have a rezone in conjunction with the Conditional Use Permit -- Rohm: Oh, it will go onto City Council. Hess: -- it will go onto City Council. Rohm: Okay. All right. Excuse me. Then, let me restate this. At this time we have a ~ motion and a second to forward onto City Council recommending approval of CUP 07- 007, to include all staff report, with the aforementioned additional conditions. All those ~~,~; in favor say aye. Opposed the same sign? There are three votes against and two in ~'' ` favor. Motion denied. ' MOTION FAILED: TWO AYES. THREE NAYS: ~° Rohm: I don't think that we can leave this just hanging as it is, so I -- ~u Siddoway: Let's have some discussion. Rohm: Let's have some more discussion here. To start off with, one of you that have voted against the motion, I'd like to hear from Commission Moe. What would it take to get your approval on this? r~ Moe: Mr. Chair, I -- again, I'm very concerned about the use at this facility at this site. As far as trying to service the scooters and whatnot, the discussion of doing that to the north, that really had -- it did not come up in the -- in the motion that it would be done there, but at the same point now you're asking for code enforcement to verify that all the time and I just don't see that that's going to be done. I'm just not sure that this is a good location, you know, for this business and I'm having a hard time trying to accept that it can be run in a safe manner at this location. °{~ Rohm: Thank you. Newton-Huckabay: Without -- 7 7~y. ~ x ,.~? ~t ~ ~:, ~ ~~ ;, t o ~ ~, ,_.~ ~~ ~ ~ . ~.., ~ ;': ~6p~' 1~ s 1~' ~;~ ~ ~ , ~1 1f 2•. ~ ~ ~ ~ '_ ' u Si +e Y ~ •• a~ f ; ~ ~"~y.~ y L a :.tad p Y W ~ ~ x~ , T ~. x ;a,. ~.: . -' ~~'f,. a - ~~b- ~~. ~ r • ti ~ i}7~ S' CIF' ~~ :a+• ~! x ~,;~ is .+., t~,. c ~~ ~~' i~ra . ° P/^k 5.:., ~# ~ ~i =~ . ~~ '` ~ ,,y= ~~'4 - 9 ~,. l J.n .~.. J.,~ { ~ fc ~ ... ~ ~ ~ x c t ~. , , ~, `J r ~d.~ ~ ~{ ti5 ~y%~: fYiA ~4 ''i , x :, { ~y'w~~, '' Meridian Planning & Zoning Commission May 3, 2007 Page 57 of 62 ~~ Rohm: Commissioner Newton-Huckaba . Y >: , Newton-Huckabay: Well, it's an enforcement nightmare with all the conditions put on the operation. I will offer an alternative. After considering all staff, applicant, and public ~~#_~'~ testimony, I move to recommend denial to the City Council of file number CUP 07-007 .; ~ as presented in the Public Hearing on May 3rd for the following reasons: We do not feel that the use of a small motorcycle store is appropriate in this particular area and that it would not be compatible with the uses and residences around it. End of motion. O'Brien: Second. Rohm: It's been moved and seconded to forward onto City Council recommending "~ denial of CUP 07-007. All those in -- Nary: Mr. Chairman? Mr. Chairman, before you vote on that motion, you're going to need to include more reasons as to what they could do to be approved. Just so you know, when -- I guess you could vote on this motion. If the motion is approved you're going to have to establish a record as to what they could do to be approved. The state law requires that. Newton-Huckabay: Okay. I apologize. Nary: That's fine. Newton-Huckabay: For me the deal breaker, personally, was the block wall. Moe: That's a different motion. _ Newton-Huckabay: I understand that, but not having a block wall around the development was -- or for the intention of putting one, was a deal breaker forme. And - - do you have anything to add? ;,. z~ r: ,: O'Brien: Well, yeah, concerns I had were several of the homeowners expressed those. Safety is one. Noise is the other. But the misuse of the intent of that business is what I was really concerned with. Again, like was just mentioned, I think was that we could have all the intention in the world, but we are going to be bandaiding this thing forever. I just don't think it's going to work. I just don't think it's agood -- good place to put this type of function or business in that particular area. It just doesn't make sense to me. Like I said earlier, it was zoned for C-N for a reason and to change it, even though it was voted for, but it's -- still I just don't think it's going to be a good step. Rohm: Is that sufficient to -- Newton-Huckabay: I doubt it. r ~ ~ . ~~, ~ ~ '.: :. ~ ~ 3f~H; tiU,`- L ~ + e ~, W {'za - ~ ~df ~ ~~ w,.,~.,;; S: x 3 ~~~1 - Yr ',tir , y'~ ~ ev. n 14.a.-.. a ti, , •'f: 6 t ( A ~7 t.' A T:('. ~S l~\~ F L r^N.~I t ~~~ ~t _ 3 ~; , y t t}~ T 2 ~~ i~. p` J { 1 4 Y 3 YP. ~ c': i T "Ij ".L~ ~~ ' tt J!{ lPP~ ( r. L ` ~ ~r . _ r .. ,.. S ' 3~ ? i~ k t ~~ , ` ,~~~ti ~~ Y ~R ~rR ~''. ~ ~ s ~'vpp t4.lxJ. " 7 - ~~~ ~,F Mac y~,. 1- ;o T .. .. .. ... F ' ~ • ~ . .. i„ Meridian Planning & Zoning Commission ~ May 3, 2007 ;' ,N;i ~~ .: Page 58 of 62 s, '''"'' ~~,~~ Rohm: Pardon? , 0. ~~ Newton-Huckabay: I doubt it. Nary: Mr. Chairman? r: Moe: I -- I'm sorry. u' ~ -~' Nary: Oh, no, go ahead. Moe: I uess the onl p y g y point that I would robabl make is that one of the ways I would !z ` ~ assume that I would probably vote on it is -- if there was no service component to this `` facility. It would basically be a sale only, no service, then, I would probably go for it. ~..~ O'Brien: I could go for that. ~'~ Moe: Because of the components of the service aspect of it, those are my concerns, r=~ ; and what happens during the service aspect. _'~' k'~ Newton-Huckabay: I hadn't thought of that, but I do agree with that. That seems to be where we are placing all the restrictions -- Moe: Yes. Newton-Huckabay: -- on the business. Again, I'm not known to be a huge proponent of _~ ' restricting hours and that type of thing, so maybe those restricted hours for me as well. ~. So, cinder block fence, no service component in the business -- Moe: Actually, the hours were fine. They were going to do it until 6:00 p.m. Newton-Huckabay: Yeah. Moe: I have no problem with that. I would have no problem with the -- . Newton-Huckabay: Okay. I won't add that in. Moe: But the service aspect I think is the main component Newton-Huckabay: Mr. Nary does that -- :. Nary: Mr. Chairman, Members of the Commission, Commissioner Newton-Huckabay, ~~ ~ maybe I misheard it, but I thought part of your original concem was the sales operation as well in that particular location. Now, maybe -- is that no longer a concem? I did hear that service use -- it would be very difficult to establish as a -- reason what they could do to be approved is to assure that their intent wouldn't change. I don't think we could really do that. But that there is not adequate sound buffering, even with the addition of FI' ~~'SL Y ~ ~ ~ ~ ~ 1 V - JL StN~{` YY ~Ym S C`J~"Z,.~~, ?~ f .~., ~ ~ ~ ~'r ~. rZ F ~ ` ~ ~` ~` { u~s~~~. ' "y r` ~~~ ~,~ .?~ ,: 1 .r ,, { ,,;~ ~ :~ ~' * ~ 5~ $yr ~~} ~1C~ ~' ~~~ ~+ f ~Y ` `)' i . a ~~~, . ~ h r~ ~}. 1 T ~ 1 ~ b? ~ >~~.U h~ ~ q3.t ~ ~fv~ F~pT'.~ 1 ~~ ~ '' ~~l-.. ^~S ~' ~ h, a° kti y tr'. ,. :.~L~ ~ {~L vii.. 1~ ~ y { t } ~• ~~ t ~ ~ ~q ~, f;Fa . ~ . , • Meridian Planning 8 Zoning Commission May 3, 2007 Page 59 of 62 the landscaping is one thing I have heard. The service component and the restrictions that are necessary to even attempt to make it compatible, is something they would have to change, but -- did I misunderstand? I thought there was some concerns about the constrictions in that lot in regards to the parking or in regards to the front of the building, to be able to even operate the sales, if they are going to be out in the front of that. Now, maybe I misunderstood that. Newton-Huckabay: Me specifically, no -- Nary: Okay. Newton-Huckabay: -- that was not my concem. Nary: Okay. Okay. So, it's just the service component and the fact that the buffering between the neighborhood and the business, that the vegetation -- the increased vegetation wasn't adequate. There would have to be an addition to that. Okay. That's fine. Newton-Huckabay: Can that stand on my amended motion, without making it again? Rohm: Works forme. Newton-Huckabay: Okay. Nary: One more question, I'm sorry, Mr. Chairman. Commissioner O'Brien also brought up the safety aspect, I think, of the lot and the constriction. Is that everyone's concem as well about being able to operate the business or is that connected to the service part of the business or both? O'Brien: To me it's both. Newton-Huckabay: I have no safety as part of my motion. Is not the most safest intersection and parking lot, but I don't feel like this use is going to -- in my motion I do not feel like the use of this -- of a scooter store would make it anymore unsafe. O'Brien: But -- can I reiterate something? Rohm: Absolutely. Newton-Huckabay: It depends on if you're trying to add it to my motion. O'Brien: The concem I had with the safety is that when you go and purchase something, like you purchase a car, you got to test drive it. You're going to ride that thing somewhere. That's a safety concem for the neighborhood and for the people in and around. So, along with that service issue, we have test driving of these vehicles. Where is it going to be done? It's going to be done in and around the -- the business. ~;~~ • c~ I • "~ r Meridian Planning 8~ Zoning Commission ;;fir"i~ May 3, 2007 Page 60 of 62 Newton-Huckabay: I guess those are public roads. °-'~ ~ Nary: Mr. Chairman, I think part of the staffs recommendation and what was proposed was that they would not be test driving the vehicles on the site. So, I think they have ,~ addressed that. So, I don't think we could use that as a basis of what they could do to `~ be approved. Rohm: I think the two other issues, the service and the noise abatement, that you had addressed those -- Newton-Huckabay: Yeah. Those have been for reasons -- E':~` Rohm: For denial. _. ~~ ' Newton-Huckabay: Or things they could do to reverse -- okay. My motion is still to ;;:. recommend denial. Those two activities could take place to reverse that decision. Clear? i h':. ~ Moe: I would second that. ~h~, Newton-Huckabay: Caleb's got me. ~~ _ ~"" Rohm: All right. Okay. I think that the intent of that motion is understood. All those -- ~: it's been moved and seconded to forward onto City Council recommending denial of `` ~ CUP 07-007, to include all staff report and the aforementioned modification based upon €~~ ;> sound barrier and servicing -- servicing of the scooters. All those in favor say aye. All ,' those opposed say aye. There are three in favor of the motion of denial and two against ~: ;< `` it, so motion carried. ;4 MOTION CARRIED: THREE AYES. TWO NAYS. Rohm: Both of these items will be heard again before City Council. This is a `` recommending body and they will be heard again and so for those of you that have ,;, , ~ °' spent your evening with us, thank you very much, and you will get one more shot at it. f> `- Thanks for coming in. Item 11: Public Hearing: RZ 07-008 Request for a Rezone of approximately 4 -; acres from a C-N zone to a C-C zone for Lots 1 - 5, Block 1 of the Comer ~''' at Vineyards Subdivision for Cherry Wood Village by Richard Brown and ` Roy Brown - SWC of Cherry Lane and Linder Road: `~ Item 12: Public Hearing: CUP 07-007 Request for a Conditional Use Permit to ` '' allow retail sale and service of motor scooters within the C-C zoning ~,~ district on Lot 3, Block 1, of the Comer at Vineyards Subdivision for ' .+ y+Jt' ~` ~•~i.' 7 ~ ii i +N Si ' ~r V~A4 ~ t ~ ~ ~,[ x~.~ ~ ~°`3i~ ' 'A*'- A'. 5 .:'~ +} d .' l.. ~. 3 .Y"~.. t£~ ~ 9; •~"~~.t~r '~' Yj(l a , '~:d1. 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"} ..m ,. a ~F ~. 1 ~... ~+.+2 r 1~ x ~ ~µ. § d§t7`n /~ 2v {~ i •i_n '~Yn a ~' .v. , .H ,.~~ „+ s r,.; '~ i ..~C. :~ ''t ~ i ,.r r ~ ' ~ ~ 7k ' ~ ~ i t ~ tip i 41,F ~ i ,~;;~`, {~;;~,c^~ 'f ;' ` ^;° • ."C..i: ~ 4 ~.'M:.~ ~ ~ I •~ _ •~ '~ ' ~ ".~ ~.= •~ . ~ _ :~:~ f ;~~; ~; ;~'<- ~' ~, ~' '; ~_; ;. _:. ,. ~~ --_ ~,,:, '4. , ~...: !. if ~~ ~~ A. , ~~ ,. ~r_ ~,~. Meridian Planning & Zoning Commission May 3, 2007 Page 61 of 62 Cherry Wood Village by Richard Brown and Roy Brown - SWC of Cherry Lane and Linder Road: Rohm: Okay. At this time I'd like to open the Public Hearing of PP 07-009 and CUP 07- 008, for the sole purpose of continuing these items to the regularly scheduled meeting of May 17th. 13. Public Hearing: PP 07-009 Request for Preliminary Plat approval of 52 residential lots, 2 office/commercial lots and 10 common lots on 19.80 acres in an L-O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -SEC of Franklin Road and Touchmark Way: 14. Public Hearing: CUP 07-008 Request for a Conditional Use Permit approval to create 52 residential lots, 2 office/commercial lots and 10 common lots in an L-O zone for Meadowlake Village North by Touchmark of the Treasure Valley, LLC -SEC of Franklin Road and Touchmark Way: Moe: So moved. Siddoway: Second. Rohm: It's been moved and seconded to continue Items PP 07-009 and CUP 07-008, to the regularly scheduled meeting of May 17th. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. Rohm: One more motion, please. Siddoway: Mr. Chairman, I move to adjourn. Moe: Second. Newton-Huckabay: Second. Rohm: It's been moved and seconded to adjourn. All those in favor say aye. Opposed same sign? Motion carved. MOTION CARRIED: ALL AYES. Rohm: Good night. r~~. ~fi, ~ rY : + ~ ~.k f "~~; s~.. ~ -~~ - ~ ~~,,r°'~. 47a. ';Ta~~.u, ~~"~ ~ F ...1' J~. ~ E#, 5 ~ ~ p"~a. ~ } ~.. ~ ~~' ~~-'[; x~? _ ~ ~e ~N ~ {; erp~ ~' 'S~~4i~'~2.' ~~ ~.... x i.'; ~ t 1 ~ ~.~ •~ S . ' F . +: +~t.!.. t~ six H~asv~ ~ ~ 5' ; M ~ z~, ~~4. ~yfi .,e., t )3 ~ w ~'T y 1 6 ~;~~4-- . i "T' ` '~^ ~ {~ ... ~ 1R~ ::'... "~ Kti . y ~~~ ~ tiK , .~~. `y ;t.~ L L , ~~ ~ _~ i , r n ' . ' ,Fs y. ~;°'~' ~~ ;,. ,~£~ ~ ~ :, 4'`~ r .: ,t~_ ~~~ ..,-~. ;~? a.~ ~.., _ ~F ~{Ka a~ ~.,, :-~ :.~ ~- ~~ fi a., ;}.{ e ' ;; r,' ~~. c~r.~+~~a t x ^ 'T:': B ._.~ jai ~'_ ; ~~ , -'sy.~i q ?a:>f- ~~;: Meridian Planning & Zoning Commission May 3, 2007 Page 62 of 62 MEETING ADJOURNED AT 10:06 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: CHAIRMAN MICHAEL E. ROHM A' ~~/ ~ /~ DATE APPRO\V(JE`~,,~~~~~~~~,,,,~~~~~,~z ~ ~ ~ ~~~ G. BERG JF~., O TY - ~ ~~ 1 \` `+. o ~~ r~ ~ \~ .- ~. ;, R;:. ...:, MERIDIAN PLANNING 8~ ZONING MEETING May 3, 2007 APPLICANT ITEM NO. 3-A ~f .~ ~~ REQUEST Approve Minutes of April 5, 2007 Planning 8~ Zoning Commission Meeting: ~~ ~. a AGENCY COMMENTS ~: ~' ,{: CITY CLERK: '~ ~ CITY ENGINEER: Y ~ ' `' ~::, , ~; CITY PLANNING DIRECTbR: CITY ATTORNEY =~~ =~^ CITY POLICE DEPT: ~~! CITY FIRE DEPT: CITY BUILDING DEPT: ~; ; : i~ ~~ ~~'~ CITY WATER DEPT: }•Y `r4 CITY SEWER DEPT: ~; -. CITY PARKS DEPT: - MERIDIAN SCHOOL DISTRICT: E SANITARY SERVICES: 1 ADA COUNTY HIGHWAY DISTRICT: ~`= . CENTRAL DISTRICT HEALTH: ~., ,. . NAMPA MERIDIAN IRRIGATION: ~: SETTLERS' IRRIGATION: ~~' ~ IDAHO POWER: !~+ INTERMOUNTAIN GAS: ~,; OTHER: ,; ~ Contacted: Date: Phone: .-' Emailed: Staff Initials: I Materials pr®sented at public meeNr~s shall become prop®rly of the City of Meridian. ~. wa 1 d„Iq ~~4h.` C ~ ~`rtc,; ( A ~ . ;±.s ~ ~~ t ~P~~;}. 2 {r. F $~ ~ ` ~ y' i ~`y c4A ~ ~~~ , ' ,~` 3 'y. .. ~' ~ ~ ..~1 i'y13I:.i.:. ~~ ~' Y ~~ i ~3 4 . ~. n~4 ~ r ~~. ;y', ~ r„ ~ ~ ~ F~'~W' K ilw ~~'('. ''~~`` ar 1 a' ~~y ~,5 }.Nts'.. t ~ t~k~' ¢ 7 Y j ~~ ~~ ~ t~' _ `r CP (~' iC ...i~'~1. ~~ 3 1 ' ~~ ~ ~•P .~R~, ma .. -; y i . qt i;~: x 1{ x - i . ~~A~, ~~ t ~::~~ ® • w::,',<; ~~' 7 ~j ` °~`i April 30, 2007 CUP 07-001 {~~~ MERIDIAN PLANNING &~ZONING MEETING May 3, 2007 `~ ` ~;~ `~~ ~ ~ APPLICANT Darren Blaser ITEM NO. 3- B ', ~', REQUEST Findings of Fact 8~ Conclusions of Law for Approval- Conditional Use Permit for an 11,000 '~x'' '' . ;: ; square foot multi-tenant retail building on .75 acres in a C-G Zone for Jamaca Me Tan - , , P - North of East Fairview Avenue and West of Hickory Ave in Lot 3 Block 1 of Mallane Subdivision T' , f„ `" ' ~` ; AGENCY COMMENTS Y r " i'i`i ,. ' , CITY CLERK: See Attached Findings ~~•~~' °~ CITY ENGINEER: CITY PLANNING DIRECTOR: M1 >~ CITY ATTORNEY : '~ ~ :. . ~~,,~ -~ ~, CITY POLICE DEPT: ~' CITY FIRE DEPT: l„i'.T' s z CITY BUILDING DEPT: ~~ :.i CITY WATER DEPT: ~} ~' ~^ CITY SEWER DEPT: ~?f5 ~ r.,r CITY PARKS DEPT: ;; MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: "' ADA COUNTY HIGHWAY DISTRICT: y '., CENTRAL DISTRICT HEALTH: '~` NAMPA MERIDIAN IRRIGATION: `` ~ = SETTLERS' IRRIGATION: IDAHO POWER: ;, INTERMOUNTAIN GAS: `' ,~;~ OTHER: ~:; Contacted:, Date: ~ ~ (~`~ Phone: ~.~ ~~~ ~~S' ~, ~'`~ Emailed: Q !, ~ Gam.. -~ci~1 ~ won, Staff Initials: ~~ Materials presented at public meetings shall become property of the City of Meridian. F , . "L'; tiA ~~~l, fn ~ Y -~e;~)'ixa;; <~1 ~ 3, '~!5 i'k'R` .~~„ ~ .: r ~ .-~; ' . : ~ Iy - ' . 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"'~ ~ , - t 3 ,~ ~ d ''~,i. •=9n~'; T~y[.•". ~t"f.I.,+~i •rv~i ~~• ~ 1 '.~ ~~S K.:' xY'~v J_ i K* . ~~ y 3"/ ' f ~ ~ q ~ ^ ~ •l ( ~ ~ ~ .. ; ., ~'Y",~%i~.i}•~.,~y;,'i:~~'~F ~J$., ;A? ~ ~irn., ,_ i ~f.: 1. ' ''r ~, 1 7 s ~ ~ ;F'..i :~u`:.'~wY .~;°~Y,: 'it y g x. t t t' ~ I s ~ r ~'`:` 1 F »Y^Y~ P} 4 ~'. FJ••: ~F : ~~'iN 1 ~'i' g, ~ . xy ~ „ > _ .,.. 1. 1 .y t < , ~• N~. ~ i ,. r ,'~: S,:< ~~- 1 it s'~` }` . irx` ¢°Y ~h'S k4p A~a, i"/h v'. SM'.~~.• 3'~ ,~ •vt+ .d> t , ! d ~ ,~I ~ 'd •1 'S, ~} {. ~ I t• !'~Yn x °P* Ff~^,~.^."f j. ~' ^ f', ~'~ }A ` e l I YaRr~ _i'• .y`.Y~"'.. '46„q .,'.~'l: h. ~ ' . 3v S . ~'3 A •,y,• :`~;~ ~ ~ ~s ' ~° z I " ~ r P ` 'r•' "'- . °' i~ ~ , , w . t.: ~ c a.r.;; 3 - I I . { R. ' .. r . t z~~ 1 ~ ' A 7 '~AR y ~,~ ~ e' i4.., - ' ~ ; M Y t k Kx ~' Y.~: i ` + ~, .. - 'fy~~ , v j~ ~y { ' Y 1 . . y .. ~ .: A c:. '~, ~; ~: ~~~ ,! ~ , -; s'3'~I r ~' ~~~ ~ ~'~li .~~~'(~I y... 't_'-e 9 ~;< JJ ~ ~ ~II a~~,~'' ~: ~~- ~,:~, , F ~.. ~~ y+~ ~..{I h~~~~ ~ ~,,: 4}..,::. ~.;, ~- '; i~ ~; >'` ~~~ °~ s,.;: , t ~. :"t ~i ~.° i~ ;i `,/~ `':~ r x ~ ~; r;; APR ~ ~~U~ ~~ ~. l ;,~V ~;~1',T'~~ 9,~i~i~~y e°[u~~r~~ Kiln r,; ~~ CITY OF MERIDIAN ~~~ z ~`"~ ~;.,~.;w~p FINDINGS OF FACT, CONCLUSIONS OF ~, ~t~srti~~ ~' ~. ~. LAW AND DECISION & ORDER ~~ _ -~~3 i'~s .tct~ 4.w___ ~ 1445 In the Matter of Conditional Use Permit for an 11,000 square-foot, multi-tenant retail building in the C-G District, for Jamaca Me Tan, by Darren Blaser Case No(s): CUP-07-001 For the Planning & Zoning Commission Hearing Date of: Apri119, 2007 (continued from February 15, March 1, and March 15, 2007, with fmdings for approval on the May 3, 2007, Commission agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). CUP-07-001 PAGE 1 of 4 Y r5 ~' ~+~3'.', ~ , ~ ~ ~" . i . k } ~~ ~ k S ( s . J~r~~ , ~ h'tG( ' k 3~ M.~+~ ~~ }.,~5 i IY" _ C ~~•.~i S a. J ~~ ~'., ._ _ ... ~f~~dw. 7 h ~ ~ x ,~'~ . e, ~ ~~~, _ a ~ °:' iu~ ~~ } ~ rC~ .uy ,~,. ~Y " ~,. r ~ d ~k ,b., ~ i.: ~~ i ~ ~ < t}~ r • ~ H~.F 5 rarrt~ [} a;,;... J °~ ~~' • • f,.; ¢` ~ ~' " '' 4. Due consideration has been given to the comment(s) received from the governmental s' '' ~'I subdivisions providing services in the City of Meridian planning jurisdiction. `° * 5. It is found public facilities and services required by the proposed development will not ~''''` impose expense upon the public if the attached conditions of approval are imposed. "'° 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Commission Chair and City Clerk and then a copy served by the z ~' Clerk upon the Applicant, the Planning Department, the Public Works Department, and ;~:. `t. any affected party requesting notice. ~~ 7. That this approval is subject to the Site Plan and the Conditions of Approval in the attached Staff Report for the hearing date of April 19, 2007, incorporated by reference. „, ` `' The conditions are concluded to be reasonable and the Applicant shall meet such f: ~'.'- ~ I requirements as a condition of approval of the application. ;. , _ C. Decision and Order <~: ; `~ ~ Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City ~:; Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Site /Landscape Plan as evidenced by having submitted the Site / Landscape Plan, labeled sheet A-1.0 and updated April 17, 2007, is hereby conditionally approved; 2. The Applicant's Elevations as evidenced by having submitted the Elevations, labeled sheet A-4.0 and updated April 17, 2007, is hereby conditionally approved; and, ' ~ 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 19, 2007, incorporated by reference. `~~ D. Notice of Applicable Time Limits (as applicable) ;- ; t 1. Notice of Eighteen (18) Month Conditional Use Permit Duration 4~..., Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be ~~; ~ recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of ;. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER '" CASE NO(S). CUP-07-001 PAGE 2 of 4 ~R ~-{ ~ yy I i K~ FiY -. ~ .~f~ t T ~` ~ t'. 1 i N ._. i `,:~, ~ 1»~ ~,~ `w0 ~ { 'Y S4 MS' R. -, t p ~ }` r„ 1i' ,~af ~ . L~ ~ ~ l : : '~1 ~T E ~ ,~~ _ ~ I .LY~ ' ~". l~ . k1!'.3h' ~~-[y~+ t~ ~ a( 'da y ~, ~' 5~ i yxx h : Y S ~' < r F, : '~I} b!~ u~f'Y, (' f j.. ~~y.G I ~f' ur k` ~S viY -t {,~ f'r fie'~,S x k i 4~ :~ E `k ,~;; -~ t ~t , ",: r~~ r~ N ~'~ ..:t Yi ~~ 'C h ~? W~t ~~: `3 ' J~4-f,~:~;. r 3 ~t `~'~'~ Nk ~I ~x'~~ a- ,~~;a ~'!. ; ~~~, ~4' ~c>t .; Yi( i ', • approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 19, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). CUP-07-001 PAGE 3 of 4 fi-' o- .~~~ 4 f~ ~ i 1 ~ FaM , . °ie`B W ~• ~sY.~,. }~ Jl ~,Z,jy: -,,. ~. i i y~~ 4 SH!X~ C1~ '~1 '(y} 4 .:.C~ : Y L ~: Y;-... 1 ~,' 3 , . ~ ~Yk;.~. k 'G" ~ i i Y aw -'$. TEt ~ m ,' ~r~ ~ A ~ ~ s y ~ { ~ mt. ~~ , } , ' ~ ~' ~ ~ , ~•-'n'~- ~' z F ~' ~~ ~~~_•. ~ ~ f [•~Qi ~ 3rd) s„ ~ F 4y f cry ~' ~y r -ter .~.` ~ 4. .s - r~ ~ -; ~:~ r ~~~~~. Y ~, ,~ r ir-:~:~~. 9 r^w` T 1 ~ ~, . e t e By action of the Pl g & Zoning Commission at its regular meeting held on the day of 2007. COMMISSIONER MICHAEL ROHM VOTED (CHAIR) COMMISSIONER DAVID MOE VOTED_ COMMISSIONER WENDY NEWTON-HUCKABAY VOTED_~~~~ COMMISSIONER ©~ ~a''l~.-~ VOTED_~l~.r COMMISSIONER STEVE SIDDOWAY VOTED_~~L~ . ~ ~ ~ SIn ROHM >, ,~,... Attest: `° °° ~° (~ ~ ; ~~, / d ara Green, Deputy Cry C °°°° ~ ~ ~~ vas . °°B~/ ~~ \`°~~ Copy served upon Applicant,//'f"1'i'~IIFl~tiiiing Department, Public Works Department and City Attorney. By: ~~"Lc~,~~ Fti~ ~y-,,~~-ems, City Clerk Dated: ~~ `' ~~ - ~~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). CUP-07-001 PAGE 4 of 4 .,.~ ,_ :. °~ ,,: ~ .,~ . , , ,. r~-._ . • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 STAFF REPORT Hearing Date: 4/19/2007 Continued From: 3/15/2007, 3/1/2007 & 2/15/2007 TO: Planning & Zoning Commission FROM: Amanda Hess, Associate Planner SUBJECT: Jamaca Me Tan • CUP-07-001 a~ ~P~.d' ~r tr~:~rrca I ,~~° ,y(~ ~_ ,gib Conditional Use Permit for an 11,000 square foot, multi-tenant commercial retail building, by Darren Blaser. - 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST ~'~ The Applicant, Darren Blaser, is requesting Conditional Use Permit (CUP) approval to construct an 11,000 square foot, multi-tenant retail building. Jamaca Me Tan is proposed to be one of eight (8) ,'; .` businesses housed within the subject building. The site totals 0.75 acres and is located on Lot 3, Block 1, - - of the Mallane Subdivision (PP-00-021, FP-03-001). ` :'" The subject property is generally located on the north side of Fairview Avenue approximately %Z a mile '' ~' ' west of Eagle Road and is currently zoned C-G (General Retail and Service Commercial). A Conditional :' ;.: Use Permit would typically not be required for this project, as retail uses are principally permitted in the C-G district. However, per the conditions of final plat approval, all development within Mallane must ~:}; obtain Conditional Use Permit (CUP) approval prior to submittal of a Certificate of Zoning Compliance application. `_ ~ 2. SiTNIlVIARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-07-001 for Jamaca Me Tan, as presented in the Staff Report for the hearing date of April 19, 2007, subject to the conditions listed in Ezhibit B. The Meridian Planning and Zoning Commission heard this item on February 15, March 1, March 15, and April 19, 2007. At the April 19. ;~ 2007, public hearing they approved the subject CUP request. a. Summary of Commission Public Hearing: r,:;' i. In favor: Curtis Moffatt; Delane Blaser ii. ]n opposition: None iii. Commenting Sherry Ewing iv. Staff presenting application: Amanda Hess v. Other Staff commenting on application: Caleb Hood b. Key Issues of Discussion by Commission: ~;,~~ i. That the Applicant reach an agreement with the nei hag property owner for off-site access z `~_ ii. That the Applicant provide elevations for the east facade of the proposed building_ iii. That the east fagade be modulated and incorporate stone and brick to look similar to the west elevation. c. Key Commission Changes to Staff Recommendation: i. Include the updated plans and elevations in the staff report. . - 3. PROPOSED MOTIONS Jamaca Me Tan Retail Building -CUP-07-001 PAGE 1 ~~. k ~: .. G ~~~ ` 1( { b ar '~` ~irL S: ;fie;-;: { €t` a ,. ;~ a ~? ~5' ~ ~ ^i ~ a tY "~+ 5r+-~ > 1 +M ~:,: *~ i :~~F. , . f #.-: ~~ -.. ~ o- ' ~ ;l .i j(( R ' ~ ~ ~ [ t, i 1 1 ~I,~ } L~ ~ '~ Ar r M~ : i .: - g •tF ~ `y r. yycc f ~ M~A~~' S~ti F i~ 1 ~~ ~~j' RM.4 Y .~}~At.~'.. - rkP ~'. y.; lri ~r'f~; ~'i_ „ f M S y ~~ ~~~*1 ~ ~1 ~y}~.. F 1~'. J ~~. r, c i ~.I`.~ h~ .f .} ~. ~9: ;:c ~~~~'~~ v T: ' i. ;~ .1 ~~", k'~~ -w ~.I ~. ~: ~;., :., ~,~ ,~ ~,' j'I • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-07- 001, as presented in the staff report for the hearing date of April 19, 2007, with the following modifications to the conditions of approval: (add any proposed modifications). Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on May 3, 2007. Denial After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-07-001, as presented during the hearing on April 19, 2007, for the following reasons: (you must state specific reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on May 3, 2007. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 07-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: North of E. Fairview Avenue /West of Hickory Way Lot 3, Block 1, Mallane Subdivision Section 5, T3N, R1E b. Owner: M & L Limited Partnership 483 W Oakhampton Drive Meridian, ID 83646 c. Applicant /Contact: Darren Blaser 1955 N. Prestwick Way tz"' Eagle, ID 83616 d. Present Zoning: C-G e. Present Comprehensive Plan Designation: Commercial f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval to construct an 11,000 square foot commercial retail building. The proposed building is `~ located on Lot 3, Block 1, Mallane Subdivision. 1. Date of Site & Landscape Plan (Exhibit A): REVISED April 17, 2007 2. Building Elevations (Exhibit A): ir,..,e...,t„~ ~~ ~nn~ WISED April 17, 2007 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use per the final plat conditions of approval for this site. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Planning and Zoning Commission on this matter. Jamaca Me Tan Retail Building -CUP-07-001 ~~ ~: PAGE 2 rr-i:~~~e¢r {~ ~;, 4 fi~ ~ ~~; r,M:, ~ F_ k~ ~t ~ l .(.- . «> .I. r~. i K . S `r ~5 H N '~, A~T4f J ~ ~ ~ ~~~ rr r 1 'i~: a l .7. ' » r; > at { ;. r ~~. r ~ r~b:',Yi ` ~'~ - f l ~~'.~ r Y# ~ I ~~ - ~~ ~ +f . t ~LL y:1. rL ~:. \ ~~ ~ ~ aI ~~ y c' L kv ~ ~ . ~.GA. -. E... _ ,;t, -,}_. ~ +i ? :L' T ~ti . ,. f~ ^'~... y k2~Ey~ ~k~ ~i ~I F ..~y ; ~:;~~ ;; .. `i ~ , ?;' ~:-,f~ ~,;,r~ ~: 4 !':.- j1 ~ . ,,- ~;~~~ ~.-> ~• `~-;: r • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 PAGE 3 b. Newspaper notifications published on: January 29, 2007; February 12, 2007 c. Radius notices mailed to properties within 300 feet on: January 19, 2007 d. Applicant posted notice on site by: February 5, 2007 6. LAND USE a. Existing Land Use(s): Vacant. b. Description of Character of Surrounding Area: This area is rapidly transitioning into a commercial area. There are various other commercial uses that exist or are being proposed by others to the north and east of the subject site. c. Adjacent Land Use and Zoning 1. North: Offices, zoned L-O 2. East: Commercial /Retail, zoned C-G 3. South: Commercial, zoned C-G; Industrial, zoned I-L 4. West: Vacant, zoned RUT in Ada County d. History of Previous Actions: Mallane Subdivision is a re-subdivision of the Angel Park development. In 2001, City Council granted preliminary plat approval five (5) buildable lots within the L-O zoning designation. The fmal plat for Mallane was approved in February 2003. Also in 2003, Council approved rezoning of approximately 7 acres of the subdivision from L-O to C-G. The commercial lots include Lots 1-3 & 5, Block 1, Mallane Subdivision. The zoning for Lot 4 remained L-O to provide buffering between adjoining residential properties to the northwest and the commercial development. Louie's restaurant is sited on Lot 2. On Lot 5 sits a 5,400 square foot, multi-tenant professional office and retail structure. The subject application proposes development on Lot 3, Block 1. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Extended to this lot with Mallane Subdivision. Location of water: Extended to this lot with Mallane Subdivision. Issues or concerns: None. 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Existing Zoning: C-G 7. Lot Size: 0.75 acres f. Conditional Use Information: 1. Non-residential square footage: 11,000 square feet 2. Proposed maximum building height: 27 feet (see Exhibit A -Building Elevations) 3. Number of residential units: 0 Jamaca Me Tan Retail Building -CUP-07-001 ~~ i3~Y i~iF. Y k~~ }~ .N 1 ~ S~.I~~ ~ ~~ ~ f. ' p '~ h ~ A, :.1 1 ~~ ;` ~`~~ 4 Y .MMfi µ. _}- ~.~ '' r y,y ~ w, ~,~. ~ } titi-,~ x ~ .f _ ~~ ~ y. ~~ {k,r ~k 2 ~ n i ~ ~- ~ r a• ~; ~ ~ J r.. ~ ~5 -., ~3 r 'U .. ` ~ ,-. 7 * 3: - ,~~. q ~ .'fit «,Il~. F ~~ b'. -u~.. .k~h~h r ? ~~y r ~ . ~ ' ~; l ~'l ! ~ Wliif. or ~~^~4F ~ ^c Y~ ~'' '% _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 4.,'iF x.... ~ ~z,;~' ~ 4. Proposed Hours of Operation: 9:00 a.m. to 9:00 p.m. ~. ;-, g. Off-Street Pazking: 1. Parking spaces required: 22 2. Pazking spaces proposed: 24 ~, ~y~ 3. Compact spaces proposed: 0 x ~E_~~~;' h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to t, the subject site will be from the extension of internal drive aisles that connect to previously `~ approved access points to Fairview Avenue and Hickory Way to the north and east. The ~::;::: . Applicant appears to be in compliance with the conditions set forth in the approved fmal plat for E;:. ~^ Mallane Subdivision. ~~ ~< ~ The Applicant is also proposing to construct a new driveway to Fairview Avenue located neaz the } west property line. A majority of this proposed shazed driveway is on the County-zoned pazcel. Staff is generally supportive of the access points and parking lot design, provided ACHD ~,;~ approves the location of the shazed driveway to Fairview Avenue and that across-access . - agreement is recorded that allows both this property and the property to the west access to the proposed driveway. k~ i ':; ''' 7. COMMENTS MEETING Y `' On January 26, 2007, a joint agency and departments meeting was held with service providers in this azea. The agencies and departments present included: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. '` " Staff has included comments, conditions, and recommended actions in Exhibit B below. ~,w 8. COMPREHENSIVE PLAN POLICIES AND GOALS P ~~: The 2002 Comprehensive Plan Future Land Use Map designates the subject property as `Commercial'. In . Chapter VII of the Comprehensive Plan, `Commercial' azeas are anticipated to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi-family residential, as well as appropriate public uses such as government offices. Staff fmds that the request generally conforms to this stated purpose and intent of the commercial designation ~- within the Comprehensive Plan. `=> Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics): • "Permit new ...commercial development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (Chapter IV, Goal I, Objective A, Action item 6) The subject site can be serviced by the City of Meridian's sanitary sewer and water systems. _;~; • "Require all commercial businesses to install and maintain landscaping." (Chapter V, Goal III, Objective D, Action 5) Staff is conditioning approval of the subject CUP upon the applicant installing and maintaining landscaping on this site. Refer to the CUP Analysis, Section 10, for more information on landscaping at this site. • "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) Once fully occupied, Staff believes that the proposed multi-tenant retail building will contribute to the variety of uses in this area. Jamaca Me Tan Retail Building -CUP-07-001 PAGE4 ~-s ; ,~~ ~~r, A~~.. - ~.~„ . ~~~:: .. ti 'a!b ;~ . ~~ ~ 2 . 5 ; t ~ :: ; 5j e~ ~~r y~ `til FL•'r''." ~ ~, r 3 1~~ ~t ' ~ $ ~. ~ ~ 1.'Y' '1p1 Y1j ~~~i'. ~k ~~ , ,~. ` ~ ~, +e ~ `n~~ ~ ,~,i ~~ n ~~ ~ ~ ~~ ~ r } i `~ 1 w > 1 q } , ~ Y~.c J1` ~L --. ~ ~. s roa ~ ~', ~ `1~ t~tl rr h .,F• ' '~S '` ~ ~ ' v~ . y. ~ ~^ ~~~ ~ ~ ~ k;? ~... ~. ~i ~ ~ ~' ~~ trpr ~~t y ''' i- ~r 7 ?~ t~ty ~,~ i, ; ~. ~.j~ r Y ~;~,:~, _iµ y} '4'1 :. ~, £n' ~ . ::,Si .~ ~~ ~ i ' ~'~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 ss{ ,` ~. M; ;:~~; ` I ~, ~ - ~' ` ~ Staff believes that the proposed multi-tenant retail shell is consistent with the Comprehensive Plan and 4}.``: =~~ _- ~' the previously approved applications for this site. Staff recommends that the Commission rely on any ' ~. i verbal or written testimony that may be provided at the public hearing when determining if the - ~ applicant's request is appropriate for this properly. ,: ,, ~. ~ 9. ZONING ORDINANCE ~,, r-. ~: i< a. Allowed Uses in Commercial Districts: UDC Table 11-2B-2 lists the permitted, accessory, and =! > conditional uses in the C-G zoning district. Retail stores are a principally permitted use in the C- G zone. Per Mallane Subdivision, all uses on this site require CUP approval. b. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail ~~ and service needs of the community in accord with the Meridian Comprehensive Plan. Four k' Districts are designated which differ in the size and scale of commercial structures ~` -' accommodated in the district, the scale and mix of allowed commercial uses, and the location of gin: '`?"' the district in proximity to streets and highways. fir: a General Standards: No dimensional modifications are being requested for the proposed development; full compliance with the UDC is required. ~~ F ~'. 10. ANALYSIS '~.<' "' '; ~~, , a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the - proposed site design as presented in the CUP site plan, labeled Sheet 1 and dated November 7, A' '`; 2006, and the landscaping as proposed, with the following comments: ~Y Final Plat Requirements: Per Note 4 of the final plat (FP-03-001) for Mallane Subdivision, all ~" future uses within the develo meet are sub ect to Conditional Use Permit a royal. In accordance P j PP "' with the conditions of approval for final plat, the Applicant has submitted a CUP for the proposed ~`' `<' ~~: building and use. r •. ~,; r , Access: Primary access to the subject site will be from internal drive aisles that connect to ~~;A previously approved (Mallane Subdivision) access points to Fairview Road and Hickory Way. > The subject site currently has a plat restriction which prohibits direct lot access to Fairview ~ ~ Avenue. `= ~: °:~ The Applicant is also proposing to construct a new driveway to Fairview Avenue located near the ~~ west property line. A majority of this proposed shared driveway is on the County-zoned parcel. z ' Per ACHD's Staff Report, the location of the off-site driveway has not previously been approved L ,. b the Ada Coun Hi y ty ghway District. ~ Specifically, ACHD's comments are as follows: ~, ~"'' "The location of the proposed driveway offsets an approved driveway on the south side of ~,, ~ Fairview Avenue (MCZC-06--144) by approximately 120 feet. That driveway has been ~ ' ~: restricted to right-in/out only by a center median located on the south side of the center ~;,. ~„ ;r_; turn lane on Fairview Avenue. The proposed driveway location is [located] approximately 40 feet west (near edge to near edge) of the terminus of a new center concrete median on the south side of the turn lane. This location does not provide sufficient distance for left-turn movements out of the site, and creates a safety hazard. If the proposed driveway location were to remain, the Applicant would be required to extend the median and restrict the driveway to right- '... ` in/right-out. If the driveway were shifted approximately 60 feet west (100 feet from the -`' terminus of the concrete median), the driveway could be full-access. The location of this ` ~ driveway is specific to the use of this application; if the adjacent parcel to the west 5 €'>ra develops, the District will review the access to Fairview at that time. " s ' Jamaca Me Tan Retail Building -CUP-07-001 PAGE 5 "~ ] < ~~ ~~ _ y rx; [ s ~ ~~ of 5~, ~ § tif~a:.~. ~~yr ~i~}r~a.~ ~ ~ f . ~~t ~ - S z ~ f ~~ urgr i ~ tic: ~ y ~ ~` >'+YTS' ! ~ d I, d~:, , r ~..-. . r... .a'i ~fi g i ~ N A. M r q,~ { ~f ( iE ~] E+ ~ ¢-'s ~ s~k~'~•~r n~ l S ~ . ~e~v r 7jF t ~. . Y ~.,~ ~iiM ~'~ 455 r'1)C~~~~~~ i F } ~S.Y,I,r~.: hl S # o-~3N r :. y v j ^N.1 ~* ~ J ~ '~. r I r F~ t Y Y:w..v-.-~a~f. - -~ . ~'' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 .~ ~, Staff is generally supportive of the access points and pazking lot design, provided ACHD approves the location of the shazed driveway to Fairview Avenue and that across-access ,'''j agreement is recorded that allows both the subject property and the property to the west access to ~.~,:'- the proposed driveway. The Applicant appeazs to be in compliance with the conditions set forth in the approved final plat. -:~ Parking: The Applicant is proposing to construct 24 pazking stalls for this use; 22 pazking stalls are required by Ordinance. The Applicant proposes 19 90° parking stalls at 20 feet deep by 9 feet wide, and 5 pazallel pazking stalls at 9' deep by 24 feet wide, with 24-foot drive aisles. UDC 11- '°~~' ~, 3C-SA describes minimum parking stall dimensions by parking angle. ''?. UDC 11-3C-SB provides for a decreased parking stall length when a bumper will overhang onto a „~ sidewalk or landscaped azea. If sidewalks adjacent to parking areas aze increased in width from `-'~ the 5-foot minimum to 7 feet, then the pazking stall depth may be reduced by 2 feet. Otherwise, all development is required to provide wheel stops to prevent cars from overhanging beyond the - stall dimensions. The Applicant's proposed pazking plan is generally consistent with the aforementioned UDC pazking requirements. Additionally, UDC 11-3C-6G requires that one bicycle pazking space be provided for every 25 vehicle pazking spaces. Provide a minimum 1-pazk bicycle rack on this site. (See Exhibit B) `~'" Landscaping: UDC 11-3B-8C2 requires landscape planters to be constructed to break up long rows of pazking stalls. A maximum of 12 pazking stalls shall be allowed in a row without a ,:;,., planter. Landscape planters are also required on the ends of rows to prevent cross-space driving. All landscape planters shall contain a minimum of 50 squaze feet of aze and be at least 5-feet wide, as measured inside curbs. At least one tree and vegetative groundcover should be placed with each landscape planter. The Applicant has proposed approximately 15.6% of the subject site in landscaping including the existing 35-foot landscape buffer on Fairview Avenue. The Applicant has provided planter islands within the pazking lot. A 5-foot wide landscaping buffer is proposed at the west property line, which abuts the Louie's pazking lot. The site /landscape plan prepazed by Everett Street, Inc., on November 7, 2006, and labeled Sheet 1, generally complies with the UDC landscaping requirements. A written certificate of completion must be prepazed by the landscape architect, designer, or '"'' qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the _ building. All standazds of installation shall apply as listed in UDC 11-3B-14. The Applicant should submit a revised landscape plan at the time of submittal of a Certificate of Zoning ~: +, Compliance application. - Building Elevations: The Applicant has submitted west and south-facing elevations for the proposed structure. (See Exhibit A) Staff is generally supportive of the proposed west and south- facing elevations, prepazed by Everett Street, Inc., dated November 7, 2006. However, the east- facing portion of the structure will also be highly visible from Fairview Avenue. The ' ` Applicant should provide Staff with the east elevation prior to the public hearing. Staff will provide this elevation to the Planning and Zoning Commission, once received from the Applicant. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-1 A). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Jamaca Me Tan Retail Building -CUP-07-001 PAGE 6 ~' ~ `' ~ ~ . ~ ~~ '~ - * Ix^i _ <.~=~~~ ~ ~.~ +{ ~1V ~-~-~ 1 ~. , _ . . ?t x 94~2iti; r'`x~ .; ~`at, s:~: ~l . . 4 t v J ~~ ~ ~., ~.ilY ~, .. •_ Y, ( k~ ~: w~.~npi. ti' I { Y ~~ ~t 1 t~ S ; y 4 .,. /^~.~,1 ~ k ~1; iT1 1.,. - h ~~~: h ~ ~y` >tM1R.~.''~ ~ s n ~, i ~.:: y: -~ "+"-~... x~ o~ a-~ ,. f.~. ': ~~, ~ Fk t ~ ~; ~~ ~ z ~~~' F~ ~~! .7.~: ' ;' ~ ._ -. a~;.;.:t~'ril S ~1~fi ~ ~r~.r j ~4 t k 1T` t tl.t. r .. Z.. .. - ;::,°. r: ,, -~~: E`,''; ~< 5r;.' x ;:~ R; ~.::: ,~crY ~~ ~: ~- ~~ ~.. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 Planning Department prior to building construction. All improvements must be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of CUP-07-001 for Jamaca Me Tan multi-tenant retail building, as presented in the Staff Report for the hearing date of February 15, 2007, based on the Findings of Fact as listed in Ezhibit C and subject to the conditions of approval listed in Ezhibit B. The Meridian Planning and Zoning Commission heard this item on February 15, March 1, March 15, and April 19, 2007. At the April 19. 2007. public hearing the Commission approved the subject CUP request. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Site /Landscape Plan ~T'^*°a "r°-•°-~''°-','nn~ REVISED April 17, 2007) 3. Building Elevations m.,+°a rr,...°.,.,i.°.. ~~ ~nn~ REVISED April 17, 2007) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Required Findings from Unified Development Code Jamaca Me Tan Retail Building -CUP-07-001 PAGE 7 ~' _. ~':. ~ '~ - 'r t . ~a ~~ ' , r ti ;F ~ _ .~.. . , x `~ ;~ ~~ a d 4 ~'; y ~~ t' .+q;" -~ r~si ~+,.. r,c ~y' ~r. R ~f ti'L "j ~ F '~t ' s i ' ~ r ~ ~, ~ ~ ~:, fps[{ F ` ~~ ~ !s i ~ ~-~ r l ~ 3~ .. t .~~ i<; S; i7t t ~ ~ 3 y~z~ . 6t ^ f ~,, .c+ ~~ ~ At ~ a ... r ~, a:a~;-z%j ~; a ~~ :~> ~.A ]k`'G ti t ~~ V;FYI $3 . T ~4 ~ uf' } # 4~ ::~ ~r~. tT r T ~~~': w ::Y _ ` 3 '+,I ~:.~ :I. i~f ~ a; ", `. ~x ~: t ~}. r t f i r `~ ~^,' L ~'!,'} P w, r `: I ~, ' ^` ~~; ,_ ~. . , LEI • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 A. Drawings 1. Vicinity Map -- _~ ~. - °i - ~~ r~ ,~,a~ % ~ 1 - _ .. _ JIx '{l~S4i51 V C ` . ~~I p J ~ j ~.. ~ EwE f J. i {~- ~____ ---_J-r_i .~ 'C7' ,. n ~- - •~ ~ - ~ : _ ~~ ~ ~ - ~~• t Subdivision ~ ~~ ~ y ` ` 4. ~~~~ -- abject ~< lte ! ``i s 9 _ .. ~-_ _FAIRVi€Nl.-- -' ii ~ ~~I ~ I- ~ _ ~ ~ ~~, ----- - °~-- - ~P _i ~ ~ ___. _ _ ~ - ~ ~ I L' ~- ~ ~- J I y 4 p J ,I I' ~ ~ ~ ~ I ~ ~ _ ~~ _ °, ~.,, _° ~,r ~ ~ ~ ~ L rh L SliELa.BRfJ6sK .~ ~ - - I - ~, ~'° r'~~~ - i 11 G _ ~~ ~~ T ~/ ~ •~ - L _S7ATE r °- - ~~- t _ Y17 4~ ot _ -~ ~s _-~_ ~_ ~ INS ---~- ! ~- ~L ~ °.~a yy ~ ~ :. ~ I l ~ ~ {- .~ - --+ n ~ ~~ _ _1 _- . -- -- - 7- - -. ~. ---~-~. - 9 -- -- ~ f I ~ ~- ` Exhibit A Page 1 y Y S ~~~i ~ ~~ } p >. 4€ ~~ i~; . ,.rid; ~` r -. r~t = ~ t . ~-~,~,~Cx.., sn~•~i e a ~o~~. ca r~ ~i -fl.F ~,! ~ '. c;+' r 3 Sj 4< ' ~ t} ni ~~~~~;`~ i. ~it - , E,,~i, ~ ~ ~ ". E ~ ~`~ 'Fry`d'.~~. + ~'. - 'CTr ~'I.' ~ i~ _ ~~ L ~ "-' ~~ ~. ~ ~ ~~.~ ~ ~ i ~ ~' r~yyr •i7 1 ~?{ t ~.}r•_. - k~Yast-~~=.- Y! ~, ~_~. _.. ~~ i! ~} ~ y*, ~ ` ~r ~~~ ' ~ : ~d d ~T 41~ r. t~ " A ~ c ~~4 rf '~~'' „ i~~~ C'~p S¢:[~~ `' ~:, ;;~ a ','~ 4 ~~ ~t~' .~f; ': ;j' :i= ~, "' ~~ ~~' t'I 1, :y; '! .; 1 ,, +~ ':I ,., ~~, „ti. ,'~_ :' I f;s4 ,. ~~, `.. `'~ ,' :., a '~~: ~_ f ~'- 's," ,~ ;` t ,:: ^ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 2. Site /Landscape Plan REVISED April 17, 2007) ~ l 3W ~ b~~l~~ ~~°p'Id a °mPo~l ,en„i~~q;;v°~ - IYY V~JV YYYI :tiO~ONI011t18 M3NV ~ j jg '~~ „ Exhibit A N A ~ •~ ZI Page 2 • ~., rat'•~. ,, ~~ - ~ ~> !=~ t ~~`~ ~ ~ ~.~ ~ "~ ' ~ ~, . ~: M1~r ,~ .~ r ~ ssj:*nt ~. ti. _ ' tr d ~~°r s se. r ~~H!~, ~ ~~ s ~ ~ ~ ~ 41 , b M~ . i d+ T~ ,~., ;M;,. A '' yl ~Y..r~'', 4 G 4. %.~~ 7~2" ~~ '~~~~ ' ./a SnC"~ ~~ ~~'. ~' j) 4y,. m, - Y,.,, .'KrYY~: r ids ~;w~f:: > ~K ~ ~ y ,~' ~ K ~ ~,,~ ~t~ `. S. -,z;~ Srv 3'a #"S',J~,. ~`~ ~'~"`;:e;;; ~ , ~-:; . r~ °.tiH <; ,,~ ; '~: f ~:~ Y, r }{{{ ~ >', p~F,' d; `zC r, ?; ,:'-: j ~ I'I `r'~ it r` ,1 .fa `i'ce 1., f '.! .~ ~ ~'. i t' ' r~' R>'~! s ~_ ~ 1' _ ~ irl '; .` r, , t, 1 ~~, ~'~~ j:': ~ ,;eJ ~- ~l f ~~~ t "T:.'tJ Ali <$9,' ill N~i.:. Tai ~: ~. ~, '" z.. }~. ~•~;, j~,. ~, ,;.49; ~i, f~~F ,4 "- z. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 3. Building Elevations REVISED Apri117.2007) a»wmrw a ass° ~ 1 ~. ml~m'M9R'a~aw~w ama tour smanauwa ~ ~ ~ eu~no~~daarospuv7 ~ 1 '~~ o6Fn,q iot+stn~ ~' 0,4,»,Aq»„ ~ao~DMminenn3Nr ~~ ~~~~ '~C Exhibit A V ~~ ~ r~~ W ~r Page 2 ,. >~+; ~3s~~' a ~ -~ ,,. kY~'~, ~~;~~ ryfk+ S i ~~ %;. - ,~ r ~ s `k. f ~i ~.. ~~ ~~' ~r~~~p~ ~ A ~4 - ~ '1 ~ ~s _'~L ~ 7e~ fir, _ .. r1 ~+ ~ 4. ~ t~ltr=,; ~. _. , ~ 4 ti.~'~ ~ ;r*ti -~ A of ~-~~', .. ~rc~ } ~ Y ! V c~:'.. ~s~}# ~ - ~ -- xrs~, Y ~r i ; 4 .c ~ ~~ t ~ s .1t g 5`' ~~f y4` ~ - - ;~ ~~ t :`, ~ ~~.c - ~ >?'~Nt.a.rY~ ° ` ~ xx; f~k ~ ~ ~~~.,~1*i a i 4 _ , ry~. !j A`_: ~;w.. ~;:::~ ~'~ '" I ,,: >i ~~ `; f: '~ ;< ~: i ~, • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The Applicant shall comply with all conditions of approval for Annexation & Zoning, Rezoning (RZ-00-007), and the Mallane Subdivision (PP-00-021, FP-03-001). The Site Plan labeled Sheet 1, prepared by Everett Street, Inc., and da *T~° er?~2AOo REVISED April 17, 2007, is approved subject to the conditions listed below. 1.2 Direct lot access to Fairview Road is prohibited. 1.3 All 90-degree parking stalls shall be, at minimum, 19 feet deep by 9 feet wide, adjacent to 25-foot wide drive aisles. All parallel parking stalls shall be 9 feet deep by 23 feet wide, adjacent to 25- foot wide drive aisles. 1.4 17-foot long stalls may be constructed adjacent to 7-foot wide sidewalks and/or 7-foot wide landscape strips. Compact stalls maybe reduced an additional 2-feet in length. 1.5 Provide a minimum 1-bicycle parking rack to be located in front of the southernmost tenant space. 1.6 Obtain a recorded cross-access agreement from the property to the west (Assessor's Parcel 51105346715) which allows the subject property access to the proposed off-site driveway. Construct the portion of driveway to be located on-site at the southwest property line as proposed, provided ACRD approves the location of said shared driveway to Fairview Avenue. 1.7 Provide Staff with a new Site Plan with corresponding calculations table (for parking, landscaping, etc.), as required on the Conditional Use Permit Application Checklist. 1.8 Provide Staff with the building elevation for the east-facing portion of the proposed structure prior to the public hearing scheduled for February 15, 2007. 1.9 The landscape plan prepared by Everett Street, Inc., on November 7, 2006, labeled Sheet 1, is approved with the following modifications/notes: • Provide 15.6% of the site for landscaping; • Per UDC 11-3B-8, all landscape planters shall contain a minimum of 50 square feet of are and be at least 5-feet wide, as measured inside curbs. In addition, one tree and vegetative groundcover must be placed with each landscape planter. Provide one tree within the northernmost landscape planter that is located directly in front of the proposed structure; • A 5-foot wide landscaping buffer is proposed at the west property line. Per UDC 11-3B- 8C, the buffer shall be planted with one tree per 35 lineal feet. Provide a minimum of 5 trees within the landscape buffer. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to occupancy of the building. All standards of installation shall apply as listed in UDC 11- 3B-14. Where the Applicant has submitted a preliminary landscape plan, and where Staff has reviewed such plan, the landscaping shall be consistent said plan with modifications as proposed by Staff. All standards of installation shall apply as listed in UDC 11-3B-14. The preceding modifications and notes should be shown on a revised landscape plan submitted with Certificate of Zoning Compliance application. Exhibit B Page 1 _ ,. ~, (.5. y t i ~x i R {~~ '~r i ` ~ t G D ,`. ~ ~ ~ ,~ C ~~ ~~ ~? ~ ~~n+'YFV~P~I.i. ~ ~ ~a 1`i ~S; y~. k ri5 ~ ?? xl':. ft „„ K~~ ~? ~l3 Y f3~.. M yft 3, a ~1 ~.<~•. t a M' i. _. .f~ ~y•~ ~'1 .,rv h.rir,,. ~~ ~ ti SS:: .~k~ ~ ails, Y. y`r, ~._. r~,r ~ ~~~~~~ n ~ t ~ . . ~s'-.711 ~ _ df~.:i, ._ Y xn 77. - s~f ~~ r, /: ''~ . `ktt: ~ F~` y - ~ i,~r ~ a.h':.~.: r ~ 9~~~ .. ~ +~i> 3~ fir({•~' ~F .. t~ ,I'''s .~` ... ~_~,Yti 3,i ~ !r ,~.. ,~~ ;~ ;,, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 1.10 To ensure that all of the conditions of approval for CUP-07-001 are complied with, the Applicant `;~_~ Kf,., shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning i F. Department prior to construction. 1.11 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing 0 sure to the Ci in the form of a letter of credit or cash in the amount of 110 of tY tY /o the cost of the ~, required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. ,'. 1.12 No signs are approved with this CUP application. All business signs require a separate sign ~~}' permit in compliance with the sign ordinance. <`:: `~'~~ 1.13 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord y~i< ~~ ~' with the conditions of approval listed above. If the business has not begun within 18 months of `` ~ approval, a new conditional use permit must be obtained prior to operation. ~ 2. PUBLIC WORKS DEPARTMENT ' 2.1 The Applicant shall install any water and sewer mains necessary to provide service; Applicant ~Y~ shall coordinate main size and routing with the Public Works Department, and execute standard ~< ~ forms of easements for any mains that are required to provide service. Minimum cover over G. sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than ` ' t -. alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The Applicant shall coordinate fire hydrant placement with the Public Works Department during plan review. '~ 2.3 During plan review a looped system may be required to achieve adequate fire flows. ~~ 2.4 There shall be a 10-foot separation between all water mains and the high water mark of any ,; drainage swale. <,: `~ r' 2.5 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants 2.6 Sewer, water, pressurized irrigation, and any life safety development improvement shall receive ~. final approval prior to occupancy. Other required development improvements such as fencing, "~_ micropaths, and landscaping maybe bonded for prior to obtaining certificates of occupancy. ~;~`~ 2.7 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process. =~'-~ 2.8 It shall be the responsibility of the Applicant to ensure that all development features comply with ;.. the Americans with Disabilities Act and the Fair Housing Act. 2.9 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. ~: 2.10 Applicant shall be responsible for application and compliance with any Section 404 Permitting 4~;x~ that maybe required by the Army Corps of Engineers. 2.11 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. ~i ,; 3. FIRE DEPARTMENT 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Exhibit B Page 2 "1' M a~' ~~ ;': Y~~ ~ G<`7jy'''' ~ ~ ~'~ P ~ .- a, , y., ..~:- .' ' z d ai ~ ~ : ~~ ~~~~~'r°~`. ~~ i ~ ~~ ~! ter. r.~i3'~. ~A - ~ 1~.~rFs': ~. ~; i ,~ a;. ~~1'. - s- .rye ~ }u,~,. u~.gg ~*i~4 ~ , ~, , ,~ y~,,; " mfr ~ .4 , t. !~~ ;(c F;~y,~e r+ i;x,. d c ~ ,p}; ~~~ ~ i ter, n~ ~~ ! 'L fi k '~ i ~~ y,~ ~., ~fb,r~'~r", ;yet ~~ ~ ~r s.`f~. r i ~.~} ~Fi ~~ ,~ ~ • " -, r, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 `; ; : ,~ , `~~~?~`' 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. ~>~ *; a. Fire Hydrants shall have the 4'/z" outlet face the main street or parking lot aisle; b. The Fire hydrant shall not face a street which does not have addresses on it; c. Fire hydrant markers shall be provided per Public Works specifications; ' a d. Fire Hydrants shall be placed on corners when spacing permits; ;. ~' e. Fire hydrants shall not have any vertical obstructions to outlets within 10'; :~~ f. Fire hydrants shall be place 1 S" above finish grade; g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5; ~i'~rl h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all f weather surface are required before combustible construction is brought on site. 3.6 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 The Applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). Suites shall be addressed on both the east and west sides of the proposed multi- . tenant structure. -a ~;~.; 3.8 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.9 All portions of the buildings located on the project must be within 150' of a paved surface as measured around the perimeter of the building. 3.10 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.11 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as ~~~ measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section _ 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). - a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m); b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). `~ #+' 3.12 There shall be a fire hydrant within 100' of all Fire Department connections. 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site design as submitted with the application. Exhibit B ~~ ^'7. Page 3 '~~ ;n . !: ~r,:,~:~~,- ~" ~ ~ " ~ r ~~ > f ~ 'tF i" n 'f !y', kw ~, ~ +k 5+:.'~:,~ ~ 4 C }5'.' . ~ ' F ~~~ ( p j, I~ --1- r i~ !' i ~; t ~ r y.}u _ ~ ' ~ _ r k t 4 ~ ~ti ~ ~.xk ~~~l;_ ~ t (. ~,~i,~,.p•p t.' 3 k3' ~ ~'.' ,r't 91'r+6, ' a„ i.F 4 ~ r' ~~ 1 ~ .p. ~~,,je., ... ,~0. :.1 ~ 5 ~;r~ _ h ~ e tl ~~ >` it t # L} ~~~' ~ t 11 f 'n 1 ~1 ELY ~ ~ < 3 ~~~~ .~. - _ H ,. t: :, .s`- ~'. ~~ ~ asi _;_ :.~~ ~C °` at; ~~ ~> ~;~:. :~ ,~~~' ~~~,; . ~° ~, t `, ,1 ~~~ ~~. L~ 1 ~~ y ~~~ '' ,~ `:'~ ~., ,. e,; r; • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 6. SANITARY SERVICES COMPANY 6.1 Waste enclosure access: The Applicant shall provide drive-on capability for 6 and 8 cubic yard containers. Allow a minimum of 60 ft. frontal clearance for such containers. 6.2 Waste enclosure locations: There is a concern that the enclosures are not located to minimise service vehicle backing-up requirements. Large waste vehicles have blind spots when backing up is required. 98% of waste vehicle accidents occur when backing-up. Please contact Bill Gregory at SSC (888-3999) to discuss this matter prior to the next public hearing. 6.3 Waste enclosure aprons: The Applicant shall provide an 8 ft. concrete apron in front of all waste enclosures greater than 6 and/or 8 cubic yards. 6.4 Waste enclosure gate locks: The Applicant shall provide gate locks for both open and closed positions. 7. ADA COUNTY HIGAWAY DISTRICT 7.1 SITE SPECIFIC COMMENTS 7.1.1 Construct a 5-foot wide concrete sidewalk on Fairview Avenue at the southwest property line to match the existing sidewalk abutting the subject site. 7.1.2 Direct lot access to Fairview Avenue is prohibited. 7.1.3 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter, and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. ' .). . Comp y with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file number) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of a building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use, and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as the Ada County Highway District Road Impact Fee Ordinance. Exhibit B Page 4 t ~ , CR., raL ~. F. kw yf `. ~~,yy 'r tltF~t. 7± ~ ~4 y ,w se l~'T ;'1'. `~ ~ `... r s ~ ~ ti;f.: jR .,r _~ } ` ~ , ^t ~ s ~i ms ~x ~~ _ Y~ ~ w,. ~N4~, ~.3 r~#c to h+ -I4-.r ~~ ' Ff ?X '.~~. - !` yip. y~ ~ l y f -. ' ~~ t` ~l"R ~:. ~'~' iY y. .. } t ~~#` ~ ` ~~'J , 3 R p i2 ~~~'-~ ~'~r ~ M. ~ Z, ~ . f; 4 I- ~ ` m a'h.. s a ~ . =rt ; ~r2 . k } m. ~~,,~F, r Y ~' 4 . ~ i '~T i~ fi'b` t H ; .r i ,r~.;v, ~~ ~ ' ~ ~ ~{~P~~a,~ {4 t , e j J 4 ~'~: k`1ry' f i^•.• LF.t~ CZ _~ ., Y f ~~Y~+i ,. k ri.15• ~ '~ ti, mil ~:~~f: r is ~' `:' r ', rr; J ~.:`A.~~ TT 4~ } , .:~ ~;; `z ,: ,~-~. -. ~.; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLIlVE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. NORTH CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 The NCDHD had no objections to the proposal as long as the development is served by central sewer and water. Exhibit B Page 5 r, ~ M1 ~ - a ra ~ ~ . ~~ ~ , 1F< ~ ~`;," ~ N~~~*rt ~~ a "~- ~ _ ' ~ 5-°~yr K x .µri +# r ~~~,.. ~R ~ ~ ~ .ACT ~I ' ~'. ii+i~ ~~ hl hY~( ~~ J ~t~ < ~+~, 'it r4Yti:. r Y'Frti~ ~ ! #t ~~~, 4 ~ ~ ~ x _,..., r ,i.R~:. i; ' aC'~ ~~~ I , ry ~ k~~r ~~ °< i ~ ~ } . _ ' b ~ -w..~~~2. i ~ , ~ ., ~~ ~ ~~ ~ ;. ~r ~ 9}_ F 1 t ~.', _~ y~.~~ " ~ .t' W t ~ (C # ak. 1. ~y , CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 tM.. RJ t.. ~" ' `~ C. Required Conditional Use Permit Findings from UDC k= 5'j}'i ~, ;:~~1 The Commission shall base its determination on the Conditional Use Permit request upon the ~ ~~' following: ,.; ''j 1. That the site is large enough to accommodate the proposed use and meet all the dimensional ~~` Y~: -a ' and development regulations in the district in which the use is located. Y The proposed building and uses on this site can accommodate and meet all dimensional and development regulations of this district. ~'~'~, Parking stalls aze required at the ratio of one space per 500 squaze feet of gross floor area in ;.~;°~: commercial districts (UDC 11-3C-6). Per this requirement, 22 stalls aze required. There are 24 ;~~, pazking stalls proposed on this site, with designated handicap accessible stalls. This provision ~, -' exceeds the City's minimum parking stall ratio. The Commission finds that the project should ~, . ~' ,~: ~:: have ample parking. 2 The Commission also fmds that the subject property is lazge enough to accommodate the required ~; yards (setbacks), parking, landscaping and other features required by the ordinance. Staff ~ ~ ° ' recommends the Commission rely on Staffs analysis and any oral or written public testimony ,' provided when determining if this site is large enough to accommodate the proposed use. ~, . ~;, ; r~ f 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in ~, ' ~r- . accord with the requirements of this Title. ~•'< ,' The Commission finds that the desi ted Com rehensive Desi p perry ' gna p gnation for this ro is :A' ` Commercial. The property is currently zoned C-G, with a requirement for CUP approval of each ~; building/use. The proposed use is generally hazmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). ''{ ` ". ~: 3. That the design, construction, operation and maintenance will be compatible with other ~~ `' h` uses in the general neighborhood and with the Blasting or intended character of the general ~« '" vicinity and that such use will not adversely change the essential character of the same area. ~''" The Commission fmds that, if the Applicant complies with the conditions outlined in this report, .: the general design, construction, operation, and maintenance of a retail building should be ~;t. compatible with other uses in the general neighborhood and with the existing and intended ~• _} character of the azea. s.f. ~ ;; 4. That the proposed nse, if it complies with all conditions of the approval imposed, will not • ;~ :.; adversely affect other property in the vicinity. ;Y ~. The Commission finds that, if the Applicant complies with the conditions outlined in this report, ~' :_ the proposed uses will not adversely affect other property in the azea. Staff recommends the - Commission rely upon any public testimony provided to determine if the development will adversely affect the other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services ~_ such as highways, streets, schools, parks, police and fire protection, drainage structures, ~' .H refuse disposal, water, and sewer. " =~: The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are ~.,.; currently available to the subject property. The Commission should refer to any comments prepazed by the Meridian Fire Department, Police Department, Pazks Department, Sanitary Services Corporation and ACRD. Based on comments from other agencies and departments, the ~~ . y~• Exhibit C Page 1 ~~; f -~ f ~~ t. ,~ ± ~„ . ,~. f A Y n~ , Yl h S Y ~ k • ~ ~ Vy~ 1 5 i ~ a ~ d ~~ r y; ~5{t - ~ ,y~t ~ r--,~ {~~ ' .fin., ~. c ,.:" ~~r ~4` ` ~„ ' x1w•~. ``~~y~ y ~ ks A'1 f K.,~j(~ :~~ :ti• .) w yjkY FS ~~ ar. '~ u r ~~, ~. ~ .-~ ~ a~ 7~ ~~ 7 ~ n 1 ue ~ :f'iJ hY ~~'A':'. ,~ 1 ' ~.:. r4'~ak-' i1r n ~ ~ 33A"` . (~ .Y ry x ~i Y• ' ~, t- f, ;~ y: ~;~ r "~, t ,, ~' _:'~ r >~r F{, ! i CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be fmancing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. Staff and the Commission recognize that traffic and noise will increase with the approval of retail uses in this location; however, Staff and the Commission do not believe that the amount generated will be detrimental to the general welfare of the public. Staff and the Commission do not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. Therefore, the Commission finds that the proposed uses will not be detrimental to people, property, or the general welfare of the area. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. The Commission fords that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Commission's attention. The Commission fords that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. . . I _. ... _; - 1,- ~ ~ "B - ~^'°sy' 'L~c ~Fv'..ey~s',"hr c'Sry 3 5t ~ s s :~1> f~~~ t ~ ,"i 1 r~~tt ~i ~ ~ ~ ~~,~x~~y:•.+=~",~. i.'"~: ' ~ ~r„j -r;•a.~ SFr F r,~ s->;>:. -~.+g ; i+ i :{~ n,~,. i" s v .,RJ ~:h '' w t44 r %'~ N m . A' .Trt . y ' ,, .~ ; x, j .,EFy 4. Y..r ~ ~P' w ~' ~ys.iM • ". I R • ~ 1'. ~ 41 '~1 ~~:~::5``,F~efa'A'.,~~Y' ~ "a ~~. S ' ~~ ,T Y .4~.F -~ .~ vp,(;F~. ~.. ,S£af . ri S {ir 1 ~~1 t . e >. ~r"~ ~` ~ , r J ~ ~~ •~' :~ s-fi. a.~ ~:f,;'d'~?~+~ r .trs~^~'~ "~3:. ~zF" ., .~ II v r ~'p it :}: - '*~•-. 3 "<:.~,,• 9 I ~„ .. r,`ys„,>•.:~ ~ j Y' ' ~'s ;~' •; ': ~ 5 : ~~ ~ w ~ . ~ ~•¢~i 3-r. {'" 4f v: 33~*`~i lA~ . ~ :.w p ~ s i '°M'~ ~5:;. ~ . . ,~ r •t~ ~ . '.. •. , r ~' ' [ ' ~ • 1 ~ , .`, - ` : . ~ t #;i. ~v . •'~'a•e . t l ~"3 3's . . r pv . ,. r? ~ ~ :;>^~ ` ws T " •- Aii"~ y• ~ . r ~ : ~w i ~ ~ l ~ ~ .~~ ~` e. ~ , 3 ~'}'. ~ a w s~~. 4 fa`as:.g~? - ~r`•n'~; rc« s`~fE~`: ~' ° ' ~ ~ R { f '~~ i ~ §'~ 3Ax ~ ~ee...~.V~~(5'i+ ~u ~i t•~~ ~ r,~ ~'f. yf ~ ' •f Jk~E S°-•~` ~ , ' 5 • T .; , 5 L •;k +.3+'a: ,y,^4 f . 'F.1 `I ~ ~!" t ry.•'. [IF I S 1 AMY - t ~ ~ A y P '+c.:wpps3:' ...G'. ' , f '~ ~?:7-~ ni~ .:~ ~6i Sri •~";;''I . 1 • ' 4 ~ ' Y • ~• I 1 . i ~'~Ea . i3~ ` m i I ~ •• ~,~` ~S ~ • ., ,t¢ , R •• r ~i r ~ ,.•• ~ } f 4. ! 15 4~' ~ 5' `..5~ ~ ~nc r{: pp 3 9iW", 4x. ,-2~," r S L . .4.~•s ~ . #}• ~ { .i ~, -~ . ~ + % : ' k 4lF,' ~ : ~i>: .x,'t• rka'. •~ ,'~' ~ Al ~ :;'ir,~~~:~~:([v. .,K . 'a V :.# i' 1 !' t "~ +' ~.. , '. ~ ~ ^V " .' S ~K :J~y lg;y 4..K'+• 1.i} ;.*sate, tom. ~L~.4,1T ~' ~,~(,~„~y~v.f AAA '. 4~ r kA ~ • a4 a4. I n1 ,y a~ ' . r' i 11 1~: j .W41< ~: ~+ '~' 7~,~'„ Y ' ~ •n) ~,~, ' . ~~r,'Y~? ~•f. ~ . Y Y ~ y_. r. GSS ~. iYfx 1 ~ i 1 ~ .j 4 !=•.'?'va"i, . ~ ~,"'a 9 ~ • Y April 30, 2007 CUP 07-003 MERIDIAN PLANNING 8~•ZONING MEETING May 3, 2007 ~` APPLICANT Joint School District No. 2 ITEM NO. 3~C ~. REQUEST Findings of Fact S~ Conclusions of Law for Approval-Request for a Conditional Use Permit for apublic/quasi-public use in an I-L zone for Joint School District No 2, Jabil Subdivision - ~1 ~;. ,~,„ ~~~1 ;.x:, "E" <~. ~~ r;~ %,K. ', ~~' ~~ `;; r J ,~ t I~:°;° -: aY.~ ~ ~ _. ~., 1303 E. Central Drive AGENCY COMMENTS CITY CLERK: See Attached Findings 'CITY ENGINEER: , > CITY PLANNING DIRECTOR: %' CITY ATTORNEY ~~ CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT; ° CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: S ( ~ Phone: c., ~cj ~`j~,~ Emailed:~ C ~i~-~(-S ~~r ~~-~.,~~Q ~~p~ ~ CU~taff Initials: Materials presented at public meetings shall become property of the Clty of Meridian. ~'~ ~q aI ,. _ +.~r rare ~ ~~, ~. ~~~~ ~, ~~; , . F rti'~k fr ~},~ i tit ,+ '. °u ~n R`y~'I :~ Tfl~ -,~' ~f.~t F Ath. ~. v 3. ,~- t44i - J r'si~" ~ YC ~ ~<~,., a ~(. 7 ~~ ~ ~ yy tak°'n ' ~~~' n r*x.~, _. .. «i ~.n r?4 ]d of - }~~; ~~i. y. i of ~ 'i "t !~~ 1 ~> r . ~SnnjF. 1 f ~• R t!J ~, 1 ~n ~~~, - .~.'M ~~t~`li l ,~~ ~I ~,{.s ~, -~' y ;.. ,,-;~:, ~' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER " i~l I ~4P,~ ~ ,~ ~~~~- r~ ,'` ~~ ~- u ~, y _.. :~ lP1 ~ .~._. i"f u1P 8'tIF ~~X11 r_ ~; 4 ~~~~'~~`'~'t~~ri~' j ~' J, ~r~;r~-~~a ,,! ~~.~ ,~rf~ In the Matter of the Request for Conditional Use Permit Approval fora Public/Quasi- Public Use in an I-L Zone, by the Joint School District No. 2. Case No(s). CUP-07-003 For the Planning and Zoning Commission Hearing Date(s) of: March 15, 2007 and April 19, 2007 (Findings approved on May 3, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use `` ` Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). y 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-003 ,; ~: 1 ~~ t r4 k7~., .,. ,v - ~ ~ti _ 1 ~~ r.i.. •..ZC. .s~ ~ ti ~~! i }t ~ i k S ter i ~ ~ .n . I~. "- :a`.~. YT ~T`~. ;6,,,,.~4~"; ~, r ~:.Y` .,y y ]LLSM .Y~~wN h ~,. , '~i 1, ~~ ~ y F ~~~ r ~~ w,' „~ r ~ t h~Y - 4 Z7 .'y... ~.2:M ry w`y y.1 ~ ! e !v,(~. ~,~ ` ~; ~ • 4 ;-..i,_ "'F`~ ~. l ~~~~. ~ ~' 4. Due consideration has been given to the comment(s) received from the governmental q ;,: {' subdivisions providing services in the City of Meridian planning jurisdiction. ,~>, I 5. It is found public facilities and services required by the proposed development will not ~~~ ,`~ ~. :; impose expense upon the public if the attached conditions of approval are imposed. ' f Y! ~ 6. That the City has granted an order of approval in accordance with this Decision, which ;~`, shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon ~° ~' the applicant, the Planning Department, the Public Works Department and any affected j, '=- ''` ~ party requesting notice. ~;. .;;i 7. That this approval is subject to the Site Plan, Landscape Plan, Elevations, and the Conditions of Approval all in the attached Staff Report for the hearing date of April 19, 2007, incorporated by reference. The conditions are concluded to be reasonable and the ' ~~' ~t ~~ applicant shall meet such requirements as a condition of approval of the application. r ~ ~~ ~' ~ C. Decision and Order • .i . Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City - Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein .', r :~~' adopted, it is hereby ordered that: ~~ ~'~ ~' ~ 1. The applicant's CUP Site Plan, as evidenced by having submitted the Site Plan dated ~~~ ~ November 18, 2006, is hereby conditionally approved; t ~ :_ 2. No modifications to the site specific conditions were made at the Planning & Zoning '~ '' Commission hearing; and _> ~ 3. The site specific and standard conditions of approval are as shown in the attached Staff ,~, ;` `~ ~ ~ a ..„ - Report for the hearing date of April 19, 2007, incorporated by reference. ~. ~, s. ;r, ~ ~'~ e D. Notice of Applicable Time Limits ,, ~;:>;~ r~' ~ Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a - maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the '~ ~ "`','' ~: a ;,~; conditions of approval, satisfy the requirements set forth in the conditions of approval, ~~~z~3i and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the ~~ final plat must be recorded within this eighteen (18) month period. For projects with . multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple l ;,,4 ~ phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the s. ' = one (1) year interval, the conditional approval of the future phases shall be null and ~t qi ~1 h~~. - F i ~,, 4 - ~~' tilt ~ •~ { 1 ~'y-~~'- f ~~ ? V f i ~~; '~ t '`" z +~ -~.. fi' yys ..!~.. Ys y i - 3.1 _ iq ~... ~ ( ~ tl _ • b. -mac ~ .. k ~_C'M~i~ yy 5~i;~ ' ~r ~ 1E^Y ~~ ~ y ti~' A ` ~ ti ~~,, f y, ~ 1 ~' ,~ ?~'.~ ~ ._ u ~• ryt a x%~ _ - ~ ~ 'S = t Aa y `Z,t y„ { i i ~ ~~o t ~ '' F ~~~ - - -... _c ~: ~~.: ... .Y ~ k;y: ~.. t `: void. Upon written request and filed by the applicant prior to the termination of the ~° ''~~ period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the ``~' time to commence the use not to exceed one (1) eighteen (18) month period. Additional ~,~ time extensions up to eighteen (18) months as determined and approved by the ,,: ~; Commission maybe granted. With all extensions, the Director or Commission may r require the conditional use comply with the current provisions of Meridian City Code ~~~~ Title 11. ' ~ ~ E. Notice of Final Action and Right to Regulatory Takings Analysis ? ~ ?_~' 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat N: ~~ ~' Yi or conditional use permit entitles the Owner to request a regulatory taking analysis. :. Such request must be in writing, and must be filed with the City Clerk not more than . -, ,* twenty-eight (28) days after the final decision concerning the matter at issue. A request `° _` ~ for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. . 2. Please take notice that this is a final action of the governing body of the City of ; „s Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has °~` ~ '~ ~ an interest in real property which maybe adversely affected by the issuance or denial of # ' the conditional use ermit a royal ma within twen ei t 28 da s after the date of p PP Y tY- ~~ ( ) Y ` ~: this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho !-' '~ Code. F. Attached: Staff Report for the hearing date of April 19, 2007. ~: ;~ .,: EEC ~~, ~;; 4: r~~-,' :~ `: __, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-003 ur ri-,`~ifo .J~ r~~ ~F"i'14k 5y'j~F ~ s•!~'{~3 ' 4} ~ 1 ~ Tr ~'' ~K~ } s = F S `1 ; yi ' ~ ,.. $~, r 6 7 . '. i ~~~ ~ ~ - ~ L i:p.ji/~..: f, ~ f~ ~,;i, ,';. - r 4 ur ~q• n ~;'~%y`" ~ n ~, ,~ a , ~ r z I ~ -" y s «+- ~i c~' ~IR~:+~ hL'' ' ) . 4t F y„'.. ' dit. _ - v ) iG F i ~~ Y ~t I t h f. ~~~ v Y ~ i y~ µ ~ ~ r_: ~.s `'j ~ ~ r- _ t~; ~~ ., • By action of the Planning & Zoning Commission at its regular meeting held on the day of 2007. COMMISSIONER MICHAEL ROHM VOTED -~ (Chair) COMMISSIONER DAVID MOE VOTED CL, COMMISSIONER WENDY NEWTON-HUCKABAY COMMISSIONER TOM O'BRIEN COMMISSIONER STEVE SIDDOWAY VOTED VOTED VOTED ~ ROHM \\`\\\`\g111111111/111/Fed// Attest: \~~,o~,~~d ~ ~`°,~ a .~.rad3(7~'a a o+~ ~i `~ -' a Green, Deputy City£ler .~ Copy served upon Applicant;~i~~g ~'eparhnent, Public Works Department and City Attorney. ~1 ~ By. ~_> ~ G~'l ~, L; 'ULL `~~ Dated: City Clerk ~ .~ D~ ~~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-003 s '`~;, err, +~ , °~~~~~I __ ,,. • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 r STAFF REPORT Hearing Date: April 19, 2007 ~°~ °, TO: Plannin & Zonin Commission g g f ~,~ ~~,- ` ~i "' ~~ . FROM: Sonya Wafters, Associate City Planner ~ _~ s",~ (208) 884-5533 ~' ir~SrHO SUBJECT: Joint School District No. 2, Jabil Subdivision ~"'~X. ="~ _R~F ~ CUP-07-003 - Conditional Use Permit for apublic/quasi-public use in an I-L zone, by Joint School District No. 2. 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Joint School District No. 2, is requesting Conditional Use Permit (CUP) approval for a public/quasi-public use in an I-L zone. The proposed use will consist of a new high school, high school administration offices, general classrooms, and vocational technology programs for the Joint School District No. 2. The site consists of 33.32 acres and is currently zoned I-L (Light Industrial). The subject property is located at 1303 E. Central Drive, on the south side of E. Central Drive and the west side of S. Locust Grove Road, in the southwest '/a of Section 18, Township 3 North, Range 1 East. This property is within the City's Urban Service Planning Area and is currently within the corporate boundaries of the City. 2. SUNIlVIARY RECOMMENDATION Staff has provided a detailed analysis of the requested CUP application below. Staff recommends approval of CUP-07-003 for the Joint School District No. 2, as presented in the Staff Report for the hearing date of April 19, 2007, subject to the conditions listed in Ezhibit B. The Meridian Planning and Zoning Commission heard this item on March 15 2007 and Apri119 2007. At the public hearing on Apri119, 2007, the Commission voted to approve the CUP request with the conditions listed in Ezhibit B. a. Summary of Commission Public Hearing: i. In favor: Ed Daniels, Hummel Architects (Applicant's Representative) ii. In opposition: None iii. Commenting• None iv. Written testimony: None v. Staff presenting application: Sonya Waters vi. Other staff commenting on application: None b. Kev Issues of Discussion by Commission: i. None c. Kev Commission Changes to Staff Recommendation• i. None 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-07- 003, as presented in the staff report for the hearing date of April 19, 2007, with the following modifications to the conditions of approval: (add any proposed modifications). Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on Apri15, 2007. Joint School District Not Jabil Sub -CUP-07-003 PAGE 1 ~. N { k '7 ? b 4~ ~5~ ~ ~ t ~~4 S~'"$ ~'~• 55(( ~`71F2~ ~~ F~"i -. 'i +A. -~: y ~' ~~T ~~ ri ~~, f ~ ( ~ _ ~ t _~ ,'. ~.JF -0 bra` t ~ f O.r. { ;~ } ~i:; ~Si ~t ~ t C - ~.. - , , ~ u:ivpji ~f ~ 165 -,IFS ~ ~ r.. ~ 3t ~ L K h .x t J :. iy. M1, ~ t . i , 4 r . ~, , ..t , ~qp ~~ - Ra`%~ y y"' • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 Denial After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-07-003, as presented during the hearing on April 19, 2007, for the following reasons: (you must state specific "'' reasons for denial and what the applicant could do to obtain your approval in the future). I further ~,~ move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Zoning Commission hearing on April 5, 2007. Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- 07-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) 4. APPLICATION AND PROPERTY FACTS ~• ~ - ~, ~~ - -; i ~ ,-;~, s ~-. `'= ~_ ~~ 4`f .. .. ~'~. ~' " fit: ~_ ;~; ~: w ,: ~Y~;E f a. Site Address/Location: 1303 E. Central Drive Lots 1 & 2, Block 1, of Jabil Subdivision b. Owner/Applicant: Joint School District No. 2 911 N. Meridian Road Meridian, ID 83642 c. Applicant's Representative: Ed Daniels, Hummel Architects, PLLC 2785 Bogus Basin Road Boise, ID 83702 d. Present Zoning: I-L (Light Industrial) e. Present Comprehensive Plan Designation: Industrial f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval for apublic/quasi-public use in an I-L zone. The proposed use will consist of a new high school, high school administration offices, general classrooms, and vocational technology programs for the Joint School District No. 2. 1. Date of Site Plan (Exhibit A): November 18, 2006 2. Date of Landscape Plan (Exhibit A): August 14, 2006 g. Applicant's Statement/Justification: Adequate parking for the proposed use will be provided around the building. The high school is scheduled to open for Fa112007 classes with future classes opening in Fa112008, pending a successful bond election in 2007. We feel this project will compliment and improve the guide to future growth and development for the City of Meridian. 5. PROCESS FACTS a. The subject application will, in fact, constitute a conditional use as determined per City Ordinance. By reason of the provisions of UDC 11-SB-6, a public hearing is required before the Planning and Zoning Commission on this matter. b. Newspaper notifications published on: February 26, 2007 and March 12, 2007 c. Radius notices mailed to properties within 300 feet on: February 16, 2007 d. Applicant posted notice on site by: March 8, 2007 Joint School District Not Jabil Sub -CUP-07-003 PAGE 2 *, : ' , r~ ; ~ `~: ~f~ ~ r,j~'.; r .k r, ~ t ~ a P n; ~ s.-ri ~. ~.:.1r..: t ~ 4 ~ ~ ~ ' •~ ~ " : ,~,,' r. +> S~ ' ~ k 9 w I ~~ € K{ m is rb-T ~; ~+FG M7: _ ~:?-' ~ w ~. ;~~~.: ~ ~~~. Z . ,. ~~ ~~ - . ~i,y~~ ~ ~` F ~ a. ~ ~ . ,, r„ ~ ~ ~} _ .~, ~. 9 R~ YI: ~f t i1". ~= iT4 - 3 .e y~. ^ I'~ ._• N . ~~ _. ~ ..":. .. y1 P 4 ~J ~ ~E% 1 ~ ~Yf i { ( i ~y r~~ ;'. ~-, 4~N~ ~ wi ~ ~; z. r..~ s . ;,. . - 1"~ H ~ z r i • ;: ° ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 ~~c `'`` ~~;,_: 6. LAND USE '`' ° a. Existing Land Use(s): Vacant building (previously Jabil Circuits) __: ~~ b. Description of Character of Surrounding Area: This area currently contains commercial and ,' =<; public/quasi-public uses to the north and west of the site. East of the site, an overpass will be `_~ constructed in the near future to extend Locust Grove Road over the freeway. ~;~; .~ ~~~~ :I c. Adjacent Land Use and Zoning ~= ;~;`t`' 1. North: Idaho State Law Enforcement, zoned C-G ~ 2. East: Rural residential properties, zoned RUT, Rl, & R2 (Ada County) `?' ~ ~ 3. South: I-84; across I-84: commercial properties and vacant land zoned C-G L-O & RUT °- ti., , , , (Ada County) `;<~:~ ~~ i 4. West: United Heritage Insurance and vacant property, zoned C-G ~ ~~~?#'' d. History of Previous Actions: f ;F ;~ - This property was annexed into the City with an I-L zone in 1999 (AZ-99-001). A M~ `, Development Agreement was recorded for the property at that time referenced as Instrument No. 99050962. ,' 4~._ r. - A Preliminary/Final Plat that contained the subject two lots was approved in 2003 (PFP-03- 005) as Jabil Subdivision. :..'~~ - A Certificate of Zoning Compliance (CZC-06-157) was approved in 2006 that allowed the ~~: existing structure to be converted into warehousing and auxiliary office space for the Joint ;': School District No. 2. g~;,: e. Existing Constraints and Opporttuiities 1. Public Works Location of sewer: This building is already serviced. -~ Location of water: This building is already serviced. ~:4. Issues or concerns: None. 2. Vegetation: Site contains landscaping approved with Jabil Circuits & Jabil Subdivision 3. Floodplain: The site is not within the floodway but portions of the site are within a mapped ' AE and XS flood zone. The Nine Mile Creek was rerouted with the previous application on this site, but the LOMAR has not been filed to reflect the changed flood zone. :~ 4. Canals/Ditches Irrigation: The Nine Mile Creek runs along the southwest corner of the site. . 5. Hazards: NA ~~ 6. Existing Zoning: I-L 7. Lot Size: 33.32 acres f. Conditional Use Information: ;, 1. Non-residential square footage: 325,500 +/- square feet 2. Existing building height: 32 feet 8 inches ~:: 3. Number of residential units: 0 :~ 4. Proposed Hours of Operation: 6:00 a.m. to 11:00 p.m. (7 days a week) Joint School District Not Jabil Sub -CUP-07-003 PAGE 3 u`~ n ,:h,_. ~.a - s ~~~ h; L * p 1 ~, - ~ $; ~ • .~;; k ~ ¢ ~r ~ ~ 1" dd44SS Y i ~+~ iy~ , . 1 1 ~ t ~ ti ~ ' -'f ^ ~ •s-~- ~+4 gg Ah ~ t w re G ~ _ b y 4.- '..T't ~''~ ~ y._ -^~~ ~:- . ~` ti t:i ^n :i~ - ~-~.~;; s„"~ ' ~ ,~,'a f~ .a+ `~ ~ a' .`~ e't f ~A~ ~ ~ ~ A ~{, b fY r Vt CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 g. Off-Street Parking: ;a: '~` 1. Parking spaces required: 945 2. Pazking spaces provided: 1600 ;; h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the subject site is currently provided from E. Central Drive. ~` 7. COMMENTS MEETING ,;a F .; ;~ ~. ,,, {. ~~~ ~~_;I `Yr :, ~ XI "; ~' '.~~ft ,;.'t, ~~ t, On February 23, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian Pazks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions, and recommended actions in Exhibit B below. 8. ZONING ORDINANCE a. Allowed Uses in Industrial Districts: UDC Table 11-2C-2 lists the permitted, accessory, conditional, and prohibited uses in the I-L zoning district. Apublic/quasi-public use is listed as a conditional use in the I-L zone. The proposed use of the property for a high school, high school administration offices, general classrooms, and vocational technology programs qualifies as a public/quasi-public use per UDC 11-1A-1. Unified Development Code 11-1A-1 defines public/quasi-public uses as follows: "The use of a site for a public purpose or public facility, including municipal, state and federal services." b. Purpose Statement of Zone: The purpose of the Industrial District is to provide for convenient employment centers of light manufacturing, research and development, warehousing, and distributing. In accord with the Meridian Comprehensive Plan, the I-L district is intended to encourage the development of industrial uses that aze clean, quiet and free of hazazdous or objectionable elements and that aze operated, entirely, or almost entirely, within enclosed structures. Accessibility to transportation systems is a requirement of this district. 9. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as `Industrial'. In Chapter VII of the Comprehensive Plan, `Industrial' areas are anticipated to provide a range of industrial uses to support industrial and commercial activities and to develop with sufficient urban services. In light industrial areas, uses may include wazehouses, storage units, light manufacturing, and incidental retail and offices uses. Staff finds that the proposed use currently does not explicitly meet the purpose and intent of the industrial designation defmition as stated within the Comprehensive Plan. However, the applicant is in the process of requesting an amendment to the Comprehensive Plan Future Land Use Map to change the industrial designation on the subject property to commercial (CPA-07-004). A rezone (RZ-07-004) is requested concurrently with the CPA to change the zoning of the property from I-L to C-G. If the Future Land Use Map designation is changed to commercial, the proposed use of the property will explicitly comply with the purpose and intent of the amended Comprehensive Plan. Staff believes that the proposed use of the property will be explicitly consistent with the Comprehensive Plan, if the Future Land Use Map is amended to reflect a commercial designation for the subject property. Further, staff believes that the proposed use will be more compatible with the existing commercial and residential uses adjacent to this properly than an industrial use would be. Staff recommends that the Commission rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's request is appropriate for this property. Joint School District Not Jabil Sub -CUP-07-003 PAGE 4 v~~ ~ ""'~ 'n~'r ~r,. ,1 ~t ~. c r,~X,3,;i ~ ~ F~;` ~r f~ti ` ~ " ~~~' s ~ ~~~: ;~ ~i~a ~ *~ ` .- p ;,'~ ,~ ~; ~ T ~ ` ~ ~. ~ .u~,~ ;; u i ~ - z z+'~r' ~. ~ ~ " ~ S~° ~~ :y~, :z;, 5 - ~.t'F~~ s ; ,. ~r,~ ,~... Z M1 - - 'iY"r Kid:: p t:.' i ~ ...V~~'. ' ,_f, $$ '8 . _ ~ } J` ~~~~~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 10. ANALYSIS ~~~~ a. Analysis of Facts Leading to Staff Recommendation: Staff is supportive of the proposed use on the subject property, with the following comments: CUP ANALYSIS The proposed use of the subject property for a high school, high school administration offices, general classrooms, and vocational technology programs is considered apublic/quasi-public use. "` Public/quasi-public uses require CUP approval in the I-L zone per UDC 11-2C-2. This site was X,f ' formerly the Jabil Circuits site and was improved per City standards at that time for site and ~` ` ''~~ landscape requirements. The applicant is not proposing any new construction or changes to the i l d s te or an scaping at this time, only a change in use. Staff believes that the proposed use is an `': sa appropriate use for this property and will more closely represent the intent of the Comprehensive I Plan if the upcoming Comprehensive Plan Map Amendment to "Commercial " & Rezone to C-G "'' are approved. That being said, until and if the Comprehensive Plan Amendment and Rezone to C- + G are approved for this site, no additional non-industrial uses should be allowed. Staff believes ; ~; ~ that this is the maximum amount of apublic/quasi public use that should be allowed on this property without a rezone to a more appropriate district (e.g. - C-G or even L-O). ~~' Access: There are currently two access points to this site provided from E. Central Drive, no new -~~'~' access points are requested or approved with this application. This is a large building that will contain multiple users. The ire Marshall has commented that as a condition of approval for the subject CUP, that the proposed drive aisle on the west side of the building be converted to a private street for addressing purposes of future tenants in the rear and side ortions of P the existing building. This requirement includes the followin : submittin a Private Street g g application and fees to the Planning Department; review and approval of the private street names from the Ada County street name committee; installation of private street signs at intersections throughout the development; and, posting the private streets as fire lanes. `'~' Parking: The subject property currently has 1600 parking spaces on the site. The gross floor area of the portion of the building proposed to be used by the School District is 325,500 +/- square feet (the total building square footage is 472,500+/-). In the current I-L zone, only 163 stalls are required. In either the existing I-L or the proposed C-G zone, the existing parking on the site exceeds that required by the zone per UDC 11-3C-6B. Staff is recommending that 64 bicycle parlang spaces (1 bicycle space per every 25 vehicle parking spaces) be provided on the site in accordance with UDC 11-3C-6G. Landscaping: The landscape plan submitted with this application, prepared by Hummel '"~ Architects, entitled "Jabil Building/District Services Center," dated 8-14-06, shows the existing landscaping on the site. The existing landscaping was approved with the Jabil Circuits ~~° - development. Staff finds that the existing landscaping sufficiently complies with UDC 11-3B, Landscaping Requirements. No changes to the landscape plan are requested by Staff.' = Hours of Operation: The applicant stated in the application that the hours of operation will be ` from 6 am to 11 pm, 7 days a week. The applicant did clarify that the actual school hours would be from 7 am to 4 pm, Monday thru Friday. The reason for the extended hours requested by the applicant is that it is anticipated that the facility may be used occasionally for community ~' functions. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (LJDC 11-SB-lA). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Joint School District Not Jabil Sub -CUP-07-003 PAGE 5 ~. ~ ~ ~~i? N " ^ .y ; t i } ~ y .~ ~~ J K r.N._~. ~ ~~ a. c 3 y } .. . ;_ Mw ~ ~ w $ ,;~~ ~ ~ ,, ~ , ( _ ~ ~ti ;~1 ~`. kT i ri W . ~ } ~: ~: y~ J } ~'' s ~ t }~~ ri a 3 cu ~. ~ a ~~ . e r ~ e ' s~ '4 y.ry,', ~~y't ~ lY :,:.1: ji 5fY'l; q,?, },: ~ a• ~~: ,,. ~, ,r ~` ~ ~ ~ ~ ~ ! . ~ '~ntt ,,.... 5. ~~ i :y P {_i ~~ti, ~ n i ~ ,' ~ M',`« y ..;.. *Y ~ '. -_....Y i f. '~ ,` "': _' ~"~, ;; :~~_ -~'~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 Planning Department prior to commencement of the proposed use. All required improvements must be installed prior to occupancy. The subject CUP approval is only for the uses proposed in this application and for the portion of the building proposed to be used by the Joint School District No. 2. All future uses in the portion of the building labeled as "State University Classrooms" shall obtain CZC approval prior to the commencement of the use. b. Staff Recommendation: Staff recommends approval of CUP-07-003 for the Joint School District No. 2, as presented in the Staff Report for the hearing date of Apri119, 2007, based on the Findings of Fact as listed in Ezhibit C and subject to the conditions of approval listed in Ezhibit B. The Meridian Planning and Zonine Commission heard this item on March 15 2007 and Apri119, 2007. At the public hearing on Apri119, 2007 the Commission voted to approve the CUP request with the conditions listed in Ezhibit B 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Site Plan (Dated: November 18, 2006) 3. Landscape Plan (Dated: August 14, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Required Findings from Unified Development Code Joint School District Not Jabil Sub -CUP-07-003 PAGE 6 `~F" ~~~i ' ~ * : Y; F ..~'_~ ~4 r/. ~~' ~~ r . ~ ' : ` ~ :;~:, t ,- { '~ . ~<~a~ [~, k ~. N ~ '!~~' . : ~~ -'hf A~3 > `. t ~) ! ~,~ d~ ~ 4 S ~ 4 ~,.i! • } : 1 f{ i ~yC 1 ~ 1,. .,. ~ t} ~ r ~'~. ifi } ~ ~ ~ 4~k.11~ ' ti R ' ! 2 ~ M~~ ' f ~ 9r'. `~": ~ y. h ~i? ,..3 t ~`? ~, ~ y.~R .. ~~ - i ~ ~. Y~~}5~.'.. Y J ~~X' 7 aY~1:.^.: k 4. .~f Z7`.: ,. i.. ? `1 'F ~' ~. `4:d.:r:~ pi ' ; ~,1 g...` 4 ~I ~,'z4 5-. _ vi~ ['.; k ', .,. y `~ • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 A. Drawings 1. Vicinity Map Exhibit A Page 1 s , ~: ~y~9~~ ~- ~ ) A I ~,•. Y •~ 2 p ~ ~ f #Lf. t t ~y t ' .~.~ f ~ 3~' ,yR ~' ppyy ~~1 G~ ? -y ~ Y c r. 4 ~ +' ~ ', 1q ;S '~ }"?$ ~ 2 ~,~,n5„ ~wt ` -~~. ` .•' ;H: °~ ~ .x.. ~..;r.~ _ 1 ~ ~* ! ..rt ,A ', FE ~~' t~xm~! !l':'~ t ~ ~..i ti~ a _ ', ~ ~y ~ - r,Y ~~.~' @' r ?a ~ .JY .~~'.-. ~~N ; ~~ rit ~ Y" ~` JF I Q ~ P • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 2. Site Plan (Dated November 18, 2006) .. r,~' ~~-~, ;~. _>~'` ,~. r~- t ~;, S~' . ;~ ~~ 'e. 3 _ ... co~osnes~rwu .o.. i Exhibit A Page 2 `~ 's i ~a ;s ;$+, ,,.` •,,,# a F~3 i • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 3. Landscape Plan (Dated August 14, 2006) JABIL BUILDING /DISTRICT SERVICES CENTER ~i H UM M E L Meridian Joint School District No.2 1303 E Central Drive " ° ` " ~ , ` ` •' ` ` ` ` `~~`~°'~'"' `"°~'~'°~ "°~'~ »e`~"°~""°'° a°"'""°a"" SITE DATA Meridian, Idaho 83642 "`~"°~'g' PAfWNG: CILLCULATI ~a~. _ ~ia~ ON4 P.vkMg Stalk 1.600 Saeet'linxs 3B I~, - Harcl~Srnlls32 Lhwal FeetotSbea Feastage:IlD4 Conryac StaOs Nare VVIdM ofStaeet &dFees North 7i'~f x30'-103'. w~~~.. ..rte..,, RogWree ParWig Sa0s475 South flT W IdM o/ Pairing lnt Pamhaer lem9ope BUILDING SQE +/.367,373 Sq.Fc Slips North 73', C s 30'-103'. sowh 92. Wac lg soffv Betewen Ddkrax lava uses rax x'•103 ..~ ~ SETBACKS: North Mn.101'2". FastMN.30T-2", Ntxnba tdPa41ng 5ta0s 1.60D _ Sau[h fAn.2i0'-0".W 436'-5" I~CentdParying/1r®w~Wilrtbmel APPrma@J^ ' ... ~ ~~ ~ LOTS Tatal Ntanher ofTiees Apprmc500 ~~ _.._. - 32AVa bees Sped®MIn6 da R)sCoao+o<a ldum sa ~ tree ZONING DISTRICT. Noce NoR el ofEtts>~Treea _~~ / i.l we+amnc^rw^~'^~~t~^-- - c?_ *-.:.sr ~~ __- ~^s~R.er--..---gyp[----111 _ -. ~~ F 1 . _ a MStlfltmn~luA~p° ' t I ~' ~, ~~ t ~; ~ - - ,: . r Y '+S; L ____. *' i ,_ --- _ ~ -~ w.. .~_ at ~-- Exhibit A Page 2 ,. ~~ _~;:~ ~ ~~ i~_ _-~~~...-- - - r.; ~; ,,, F, ~' ``.-, =~ ,~ .~, <<:~~' `:~, ~~ .,~,;1 '~ :h~ i~.f ~::~ :~ ,~ ~t- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The Applicant shall comply with all conditions of approval of the Annexation & Zoning (AZ-99- 001 & Development Agreement Inst. No. 99050962) of this property and the plat for Jabil Subdivision (PFP-03-005) and any other previous conditions of approval for this site. The Site Plan labeled Composite Site Plan, prepared by Hummel Architects, dated November 18, 2006, is approved subject to the conditions listed below. 1.2 Provide a minimum of 64 bicycle parking spaces on the site per UDC 11-3C-6G. Provide the bicycle parking in compliance with the location and design standards for bicycle parking facilities listed in UDC 11-3C-SC. 1.3 A Private Street application and fees shall be submitted with the CZC application for approval of converting the existing drive aisle on the west side of the building to a private street, per requirement of the Fire Marshall. The applicant shall obtain approval of the private street names from the Ada County street name committee; install private street signs at intersections throughout the development, at locations required by the Fire Marshal; and, post the private streets as fire lanes, as required by the Fire Marshal. 1.4 The landscape plan prepared by Hummel Architects on August 14, 2006, entitled "Jabil Building/District Services Center," shown in Exhibit A, is approved as submitted. No changes to the existing landscaping on the site were proposed or required with this application. 1.5 To ensure that all of the conditions of approval for the subject CUP are complied with, the Applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning Department prior to the commencement of the proposed use(s). 1.6 The subject CUP approval is only for the uses proposed in this application and for the portion of the building proposed to be used by the Joint School District No. 2. All future uses in the portion of the building labeled as "State University Classrooms" shall obtain CZC approval prior to the commencement of the use. 1.7 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. 1.8 No signs are approved with this CUP application. All business signs require a separate sign permit in compliance with the sign ordinance. 1.9 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord with the conditions of approval listed above. If the business has not begun within 18 months of approval, a new conditional use permit must be obtained prior to operation. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has not concerns with the change of use proposed with this application. 2.2 Prior to any future development of this site, a LOMAR shall be submitted to the Public Works Department, prior to issuance of a building permit, that reflects the changes associated with the rerouting of the Nine-Mile Creek. 3. FIRE DEPARTMENT 3.1 For all fire lanes provide signage, "No Parking Fire Lane". 3.2 Commercial and office occupancies will require afire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. Exhibit B Page 1 ;' ~. 4 ~ ~r ,~ ` ,,; ~ ~., ~ ~ s wa T, x ~~ ,y ~ r,a~ ,` P'~f~~L' i i ,;,v ^>~ - 1 1'~~- ti ~` 7 _ ~~ A ~.~~. 1 ~ i.5 ~ti 6 ~ 1. .. 14 +'y •~5' T F. ~ . ~. i,~, . ~ . r ~ e-. s ~ ~~ " r';'~ ~ "' ~'~~. e:4 ~14< ' ~' ~, ~. . 51 r,.. n' ~ ~ i~T`, 5~.. R. ~J,+ ~ tt ):~<. :7~ ~+ , _ ~ r ~~.. T~ yy~~ , ~~ ~. ! ~dv ~ 9 t. NL i ~ `\Y p ^~~: ~~ J x { - ~I. . 2 l 5 1M S~~ ~{~ TSy~~4, .'. { CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 3.3 Maintain a separation of 5' from the building to the dumpster enclosure. 3.4 Provide a Knox box entry system for the complex prior to occupancy ~: ,~. a "'fi v~~ ~ : 3.5 The first digit of the ApartmenbOffice Suite shall correspond to the floor level. t A 3.6 All aspects of the building systems (including exiting systems), processes & storage practices shall ` °` be required to comply with the Intemational Fire Code. ~:° ..r 3.7 Provide exterior egress lighting as required by the International Building & Fire Codes. ~ ` " "` «~ . 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the '''~~ jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route azound the exterior of the facility or building, on-site fire hydrants ~ 1 ° ` ` ~ and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). ' a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). ; ' b. For buildings equipped throughout with an approves automatic sprinkler system installed in ~~~ accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m) '' ~ ' ' 3.9 This site is required to have a single fire alarm system and a single fire sprinkler system for the entire "` ~ building. 3.10 The address for the site shall be posted on the face of the building in 10-inch tall numbers. °~'~ 3.11 The west drive aisle shown on the site lan shall be converted to a p private street for addressing purposes for tenants in the rear portion of the e~sting building. '' ~ __~~ 3.12 The fire hydrant at the southwest corner of the site shall be rotated to face the main fire lane. 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. ,' ,`; 4.2 Any loading areas shall be separated from all public parking areas. rL ~ 5. PARKS DEPARTMENT Y ~: 5.1 The Parks D artment has no concerns with the site desi t;p~•~~ ep gn as submitted with the application. ~ri „_ 6. SANITARY SERVICES COMPANY 1. SSC has no comments related to this application. ;; 7. ADA COUNTY HIGHWAY DISTRICT ~' ~}I 7.1 As of the print date of this report, no comments have been received from ACRD on this ,.~ application. ACRD is waiting for results from a Traffic Impact Study (TIS) to issue a report. Exhibit B Page 2 ~., ~ ~., _ 4A fir As - - H , ~)JS' Yi', .' .yr i~u V p'/M ,~ ' r h~ yy 4 `.' -r ,. ~ ~ S R~ ~y L ~~ ~ ~ ~ ~ .: ~~ r y * '~; ~ J '1'I~ ~1~%y- , t..n., ,~ L~ d y , a f, - ksrs ~~ t ~ Y A w F e~{ 1 e ) NI 4 ~~ ~ ~ i . X 7 ~k~ ?.,r 977. - ~,~ ± k x.. i ~i ~~` Syfi.. . v :5.'f:: .;{ • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 C. Required Conditional Use Permit Findings from UDC The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the existing building on the site is large enough to accommodate the uses proposed by the School District. There are 1600 parking stalls currently on this site. The amount of parking provided far exceeds the number of spaces required by the zone. Staff fmds that the project should have more than enough parking for the proposed use. The Commission also fmds that the subject property meets the dimensional and development regulations of the I-L district. Staff recommends the Commission rely on Staff's analysis and any oral or written public testimony provided when determining if this site is large enough to accommodate the proposed use. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the Comprehensive Plan designation for this property is Industrial. Staff fmds that the proposed uses do not explicitly meet the purpose and intent of the industrial designation definition as stated within the Comprehensive Plan. However, the applicant is in the process of requesting an amendment to the Comprehensive Plan Future Land Use Map to change the industrial designation on the subject property to commercial (CPA-07-004). A rezone (RZ-07- 004) is requested concurrently with the CPA to change the zoning of the property from I-L to C- G. If the Future Land Use Map designation is changed to commercial, the proposed use of the property will explicitly comply with the purpose and intent of the amended Comprehensive Plan. Further, the proposed use is generally harmonious with the requirements of the UDC, as public/quasi-public uses are conditionally allowed in the I-L district (See Sections 8 and 10 above for more information regarding the requirements for this use). ,~ ],T ,H, ., _v -.'~ :' 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the general use of the property should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. Please refer to any comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation Exhibit C Page 2 ~~ ; ~ c .' ~ ; , ,,.~5 A p y ~~~ ~ ~~ r~ ~~' i~ :i;N : d..- - }.! 5~ N". i F F :k(~~ ~~'4[.}. ~ . kit. I 1 ~T ; , ~ a ~~ t . , ~ ' } ~ f > + ~~sa , ~ x r,{H ;. #1 C., ', Ear ~, '~'~ _ ~ , . r, . ~Sr r0. ~ ~ h ~r: ~wL ,,?? 5'h' tr.., .... .. ~rx, fa't' ~ ~ t:aSt~ ~ . ~ . ~'° I ~ i'~r ~ f.~ I ~ ~ , n<F~, , ,~ F }~~, -. . .. `~~ 1 Si;l ? ~~ x i S j ~, i • i~yr CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 ~'' =i~' and ACRD. Based on comments from other agencies and departments, the Commission finds that h `'"' the proposed use will be served adequately by all of the public facilities and services listed above. ' ~ 6. That the proposed use will not create excessive additional costs for public facilities and ~ t. '- services and will not be detrimental to the economic welfare of the community. t ~{; ~ If approved, the Applicant will be financing any improvements required for development. The ~;`' Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. ~:~ 7. That the proposed use will not involve activities or processes, materials, equipment and ~; . ', conditions of operation that will be detrimental to any persons, property or the general << welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. '' ~'' Staff recognizes that traffic and noise will increase with the approval of a high school and rre associated uses in this location; however, Staff does not believe that the amount generated will be -~~~ ~~ detrimental to the general welfare of the public. Staff does not anticipate the proposed use will t i i k crea e excess ve no se, smo e, fumes, glare, or odors. The Commission finds that the proposed uses will not be detrimental to people, property, or the general welfare of the area. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. The Commission finds that there should not be any health, safety or environmental problems associated with this subdivision. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. ~' Y ., ;~. .;~a °i ;, Exhibit C Page 3 S. Y - fi ~~ ( ~~. .;.`ter:. rA ~ a~ k ~:~~~ :' ,} p ~ ~'E i re .. ,~ 4.}~yk. g - + ~. ,'.:. 3' ~d, . ~ ~ ~ c ;u.' '~' a .v ~_~. ~ i~~r~-. --a~i x _ 1 K ~'~ s ~~ i{~ ~ t ~. ~ ~ _ 4 n ,. ). ~ ~` ~ ,~ fir. sY ( , ~ ', ee"_ r ;~ _' ~ t ~ ,;: ~ '° ` ~ ~ @ fir; ~; 'k , ~°r~, - . wi~i .~- .pt s ti ' s~ ~ ~ ~~~ ;.; =~~ 1 • • April 30, 2007 CUP 07-004 MERIDIAN PLANNING & ZONING MEETING May 3, 2007 APPLICANT William Kosterman ITEM NO. 3-~ REQUEST Findings of Fact 8~ Conclusions of Law for Approval -Conditional Use Permit for the operation of a bar, the Busted Shovel in the O-T zone for the Busted Shovel - 704 Main Street AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: ' CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: , INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: See AtFached Findings p~ f- Date: ~ (~ (v / Phone: _/,~~--(Q~~~ ~`l~„CSST ~, (~~~~~-P1Jc~-~ , ~ Staff Initials: _/U~ Materials presented at public meetings shall become property of the City of Meridian. f' r,": s j 1 _ E r ~S ~v :.xJ' ~ _ ~._. ~~ ~'~ , .~ ~L r~ 79 r ;~ ~ 4 ~ ~ ~. ~`Y ~~~ rr ~, ~- z s~.:: ~ -.: tµ k "i 1 y ~~ f•{Y ~\ ~ fi ` ,a ~ ~ p ~ y~~ ~ Y ^1 f ~ { ~~ ~ ~ =. ~ [yam L ' .~~ '~ „~ ~~4i`: yy rr 'Y'f~ t i~L1 . ' as '~ .: ~~. { g~ ~p 2 .w!~~ am ~ g g,,,, ~'~ ~ -ci' 4 } C ~~ ~ ~ r' ~ .r r. j" F b C '~'i~ - s t ~ ~ y ; { ~y ~ 2 ;. ~;~ =e; L. `~~ • CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER • ;: ~, ' ~; .~ ~'~~. - ~ ~~~~ ~{ A ~~ A ~ ~ I /~tp `~ s ~ ~-~~ ~ ~~, %: ~~;~ ~M~A._~P9 iZ3P`. PN V'iE'~~ - , In the Matter of the Request for Conditional Use Permit approval for a Drinking Establishment Use in an O-T (Old Town) Zone, by William Kosterman. Case No(s). CUP-07-004 For the Planning and Zoning Commission Hearing Date of: April 19, 2007 (Findings approved on May 3, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 19, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). ,~n.i ti. 2. The Meridian Planning & Zoning Commission takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-004 is ,1 ~; a ! `^ `~ ~ , .y;, ~ ~. ; ~: i t t~ ~y~{ - ` .4, ~ . ~ i .. r „ -.~z ,. ~ . I'~ ti.~;' y¢ f` r~ ~.t_ { 'J. f ~1 {~ Y '1 'rM '~~ ~ t.J ~ T-Y;. ,w ~ ' ~' , +{( d ~~~ ~ _ ,+t. ,~lik6,., 1N5 ~4":,;: !f-"`. G ~F ~; f j ~ L :O~ r a4 i 7 ~fi~ i, ~i R ~ - r? ; J;. fi a4.~`. ~tr ,S ~ } t nk:: ,, f, ~~~ < 5~ >~~ H ~. ,.~,, u: ~ 9~ 1, i ~. t~ i 'a.%, 4. Due consideration has been given to the comment(s) received from the governmental ..;~°~ subdivisions providing services in the City of Meridian planning jurisdiction. ,. x ~'~ 5. It is found public facilities and services required by the proposed development will not "~_: impose expense upon the public if the attached conditions of approval are imposed. <`.`r 6. That the City has granted an order of approval in accordance with this Decision which ~; ~ , shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon ' the applicant, the Planning Department, the Public Works Department and any affected ~' .~ party requesting notice. ~~ ; ~ ~~ 7. That this approval is subject to the Conditions of Approval in the attached Staff Report ri ~ for the hearing date of April 19, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition -= of approval of the application. ;` ru ~ ~ C. Decision and Order ~, ` ~; ~ Pursuant to the Planning & Zoning Commission's authority as provided in Meridian City ~ ~< Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: ~' ~ 1. The applicant's CUP request is hereby conditionally approved; : -~~' 2. No modifications to the site specific conditions were made at the Planning & Zoning C i ~& omm ssion hearing; and s~ '~ 3. The site specific and standard conditions of approval are as shown in the attached Staff al Report for the hearing date of April 19, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Eighteen (18) Month Conditional Use Permit Duration ~: Please take notice that the conditional use permit, when granted, shall be valid for a ~~ :, ~' maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the ~~' conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or '^''`` '" structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with ~F multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the ~' ~;' ' event that the development is made in successive Conti ous se gu gments or multiple ':~: phases, such phases shall be constructed within successive intervals of one (1) year _;,~;, 4 ~' `` from the original date of approval. If the successive phases are not submitted within the _ one (1) year interval, the conditional approval of the future phases shall be null and r~ ` " ...,F~.: void. Upon written request and filed by the applicant prior to the termination of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-004 ,Fti :~'..'...1 1 $~ ~ V~ ~r 1 c ~~~' ~..~ ~ ~ fi ~~ a, 9.~ ~ ,~-~c'? ~ y;Fv ~~ u~ Vic: _;~ Y,{ ~ ~~., ~,a l c{ 7 ~~, ~.: ~3 ~, ~~~, ~, ~r ~; ~}~~ a "°~~~- ~~ :4 ~' .~~ "~t'a a ~ rr~ v. ~ _ ~ ~; ~r~ ~t F ~~ ~R f ~:, ~ ~ ~Y' ~ M ~yi ~ b i. ~k Y..Y ~h.. r:' f ,R ^,. ;.-, ~'•'. :. - ~ ' } ~. ~~`.~ 4 l~ • ~ 43~r ; ~~ 1,. '. t~ ~ S ~ ~, S~ }, S h { ~+4' Jx i t '' B t F { ~~i_ Y ', 4 `, - yi? y~ ~ -- F ~Fr >4 t ~Y }~ r H ,~{;; ~ 1 "4 1 A "1,{ "`V lk~ ~ }{ } ~~ ~5 xt. ~Y?' ~~ 7 ~ ~ Fvs, ~1;y YI L_;:. .. ~,. ~~ y ~'~ ~ ~ ,~ ~~ :'A.~ • • ~' ;` period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the T; ~''M Commission maybe granted. With all extensions, the Director or Commission may '~~ require the conditional use comply with the current provisions of Meridian City Code <~` Title 11. ~''~ E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than ~'`'~ twenty-eight (28) days after the final decision concerning the matter at issue. A request ~,:; for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. s:~- ~`' ` 2. Please take notice that this is a final action of the governing body of the City of ,,; Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of e `~ ~ the conditional use ermit a royal ma within twen p pp y ty-eight (28) days after the date of ~'' ~A this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho .. :Y _~. Code. F. Attached: Staff Report for the hearing date of April 19, 2007. ,. ~,..~, ~~`; ;~y~; S, °I CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). CUP-07-004 ~. ~,, ~ ~` ~ ~' ~~ . A,Y - ~N: Di~f 3' , ~q i of ~r a h~.. ~~ N ~j ~~ 1 1" - ~ ~ y ~. " S R ~~ ~~ • ~'~' ~ " Y.~ ~' ,i,. c+~ . ~~ 4 t ~ ~ r „~~ ;di ~ ~i ~;: a f~ I y - 't ~r .: .4 n, `~ t h F Yc. re ~ i,,- ;;rj.., ,i;o>~. ~. ;~ I t h ~; 1 ~ : ~.t ~/t~~ , ~F± ~ • as ~~ '~,~}~_ ,a.: <~< x~, ~ . ~~_~~; ~~L, By action of the Planning & Zoning Commission at its regular meeting held on the - day of , 2007. COMMISSIONER MICHAEL ROHM VOTED G (Chair) ,:x i 'y' COMMISSIONER DAVID MOE VOTED ~t x >~; .~ -~~ COMMISSIONER WENDY NEWTON-HUCKABAY VOTED ~ ~ _~~ :~;~;: COMMISSIONER TOM O'BRIEN VOTED `' ,«; #~ `~ ~~ ~~ COMMISSIONER STEVE SIDDOWAY VOTED ~, >~- c s=~<;? ~~ C IRMAN ICHAEL ROHM -y~ t r ~ +• \\111111111111////l! ~. a3+ ,~~, ~~~; ~ ~~~ ~ 4 . ~` ~ ~® ` Tara Green, Deputy City filer '~~' . ~ ~ ~~~~ a s ~ ~ Copy served upon Applicant ~' ~a3-tment, Public Works Department and City C:~ ~ is . _ ~,. Attorney. ,';: ~~~ e ~ ~ ~ g ~ l ; ~ ~ - r-~ 1 ' Y~ ~ `~- Dated: ~ '~ ~-~ .~z ~.. City Clerk . ,~, - ~:~« s : -~ «;_ 'V ~: v~{' ' U c CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ,:~; CASE NO(S). CUP-07-004 t ;. . - ,_ ~~ : :., . s ,~ti. ~:: ; :" ~~' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 ~ u~ I~'2 . ~ STAFF REPORT Hearing Date: April 19, 2007 " ~,~~_ ?. TO: Planning & Zoning Commission 4 ~ K ~~ FROM: Sonya Waters, Associate City Planner ~ ~ ~' ,_~~ ~ ~ ,~ (208) 884-5533 ~, 4 ' 4'b. F .._.. SUBJECT: The Busted Shovel `'`"'=^~~ ~ts' fir,. , '~f.{~.9~t.~ tpp±rr~~ t 1~_I CUP-07-004 `, ~.: Conditional Use Permit for the operation of a drinking establishment in an O- ,.. ~ . ''~~` ; ~ T zone, by William Kosterman. . , ~, ~' ~ ~ 1. SUNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST _ ~,:,, -~~ ' The Applicant, William Kosterman, is requesting Conditional Use Permit (CUP) approval for the w° ° ` operation of a drinking establishment in an existing O-T (Old Town) zone. The site consists of 0.05 acres `' `' '" and is located at 704 Main Street, on the northeast corner of Main Street and E. Broadway Avenue. ~ Per UDC 11-2D-2, drinking establishments require CUP approval in the O-T zone. The Busted Shovel [' t F: 5 ,, ` currently operates as a bar and grill, and as such, is classified as a restaurant use with an accessory bar. `" " ''~ The previous business (Harry's Bar & Grill) on this site last operated as a restaurant with an accessory bar as well. The Busted Shovel would like to operate as a bar for purposes of smoking laws and is therefore ~~:~ requesting CUP approval for the drinking establishment use. Further, The Busted Shovel does not allow -~~-° : ~ ',- admittance of persons under age 21. ' {~j 2. SUIVIlVIARY RECOMMENDATION `' ~'M~{' r Staff has provided a detailed analysis of the requested CUP application below. Staff recommends ~ ~~~ ' ~ approval of CUP-07-004 for The Busted Shovel, as presented in the Staff Report for the hearing " ' ~ a~:~';7 date of Apri119, 2007, subject to the conditions listed in Ezhibit B. ~~ ~ The Meridian Planninti and Zoninti Commission heard this item on April 19 2007 At the public ~ ' ~,,. hearing, the Commission moved to au>arove CUP-07-004 `~ ~' a. 5ummarv of Commission Public Hearinti• i. In favor: William Kosterman (Applicant) ~= ~.. ii. In Opposition: None iii. Commentin :None iv. Written testimony: David Wynkoop and Carole Gabrielson ~~;'~'., v. Staff presenting a~plication• Sonya Wafters ~ : vi. Other staff commentin on application• None . ~.~ b. Kev Issues of Discussion by Commission• i. Parking for the site .; ; ii. License Aereement with ACHD for chairs and tables within the ri t of way °r ' ~p ',: c. Kev Council Chanties to Commission Recommendation• i. None ' 3. PROPOSED MOTIONS r Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number CUP-07- 004, as presented in the staff report for the hearing date of April 19, 2007, with the following modifications to the conditions of approval: (add any proposed modifications). Ifurther move to direct Staff to prepare an appropriate findings document to be considered at the next Planning and Busted Shovel -CUP-07-004 Page 1 ~~ ~' ~ ~: -~: ~;.,r-~.~t, x: ~~ {~.1 a f~ s-~. ~Ki ' ~ - , axe ~ ,., ,x~5;~ ~t -. ~fa 6 ~ r.~1'. yy~~N~ - U { ,, i i j4 11 ~ 1~5.: ~ 9ID; ~ '~ 6 ~~:' 2b -!' i A ~. r ~~ i ~ ~ ~x i. ~' ~ ~~ ~ . ~~ J-, %~t r d; ~. i ' A' w f ti. ~ [ rC t e k et. . W f Y~ yK~ 7r ~- : orb ~~_., w~, - ~ T. ;,~, ~. w • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 y s ~ ' Zoning Commission hearing on March 3, 2007. Denial r ` After considering all Staff, Applicant, and public testimony, I move deny File Number CUP-07-004 , as presented during the hearing on April 19, 2007, for the following reasons: (you must state specific z; '~'j;; reasons for denial and what the applicant could do to obtain your approval in the future). I further move to direct Staff to prepare an appropriate findings document to be considered at the next E- -. Planning and Zoning Commission hearing on May 3, 2007. Continuance ~' After considering all Staff, Applicant, and public testimony, I move to continue File Number CUP- ~ ` ' 07-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (you ~ ~ ' <; should state specific reason(s) for continuance) ,' I 4. APPLICATION AND PROPERTY FACTS ~~' a. Site Address/Location: '' ° w (~: 704 Main Street '' ' Section 7, T3N, R1E b. Owner: M & L Limited Partnership ~_~ d 483 WOakhamptonDrive F- a~ „ ,.. Meridian, ID 83646 ~` `;' c. Applicant /Contact: `' . „~ William Kosterman ~ .,;~r1 3048 Cobble Way I `~x{ Meridian, ID 83642 E'.. 1'Y ~" ~ d. Present Zoning: O-T (Old town) - ~ p,' .. ~ e. Present Comprehensive Plan Designation: Old Town ri i ;- f. Description of Applicant's Request: The Applicant is requesting Conditional Use Permit (CUP) approval to allow the business, "The Busted Shovel Bar and Grill," to operate as a bar for the a purposes of smoking laws. „ x 5. PROCESS FACTS : ~ ;~ a. The subject application will, in fact, constitute a conditional use as determined by City r ~ a Ordinance. By reason of the provisions of Idaho Code, Title 67, Chapter 65, and UDC 11-SA-2D , a public hearing is required before the Planning and Zoning Commission on this matter. ~ b. Newspaper notifications published on: April 2, 2007 and April 16 2007 . , c. Radius notices mailed to properties within 300 feet on: March 23, 2007 '' d. Applicant posted notice on site bv: Anri1 7. 2rlm ~: 6. LAND USE ~' a. Existing Land Use(s): Bar and grill Busted Shovel -CUP-07-004 Page 2 i ~ ~~' t`. ~f ~ K ~; r °:::' ..~~~# i ~1q ~1R•~(; a, F'~"e:~'~ '~ 41. ri . 1 art ,~ ~ ~ y, } }' .y~ kW ~ ~ u ~ d ~ i~L,.._ S ~~i~ ~tf I s ~ ~~i;, > ~ ~~, -~ }, ,~: ~Mr ~ l ~ y ahw, ~ `~ ''~: i fi - . ~. ~~ ~. r ~ ~ i.. _ Lw~ek~ '~'~~~ , ' zp. ~.~ ~' ~c r . yY : ti~hl ' ~ $ ~y~'. ~~~ _ c .~tr¢'. ` ,,y v~ -}; ~„,~ N; ~ ~ t ? ~ f~ ~ ~ ~ / . . ~ , { ~OJ.,, ..« t ;;; •h ..1• .:.: ` r'. .< "~" <<< ~'i ~~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 b. Description of Chazacter of Surrounding Area: The surrounding azea is all zoned O-T (Old Town) and mainly consists of small retail and service oriented uses. c. Adjacent Land Use and Zoning 1. North: Commercial business, zoned O-T 2. East: Frontier Club (bar), zoned O-T 3. South: Vacant Lumberman's site, zoned O-T 4. West: City offices, zoned O-T d. History of Previous Actions: The previous business, Harry's Baz & Grill, received CUP approval in 1995 for a sidewalk cafe consisting of 5 small tables and 10 chairs as an extension of the existing use, between the hours of 10 a.m. and 10 p.m. No other Planning Department approvals were found. Harry's Bar & Grill received yearly renewals of their liquor licenses. Those State liquor licenses indicate a "restaurant certificate" as "yes" when the State deems the owner as being a restaurant with an accessory baz. The last five years of liquor licenses show the following (see Exhibit A): January 2002 to Apri12002: restaurant: May 2002 to Apri12003: restaurant; May 2003 to Apri12004: restaurant; May 2004 to Apri12005: bar; and May 2005 to Apri12006: baz. Harry's Baz and Grill did not inform the City in 2005 that they had switched their liquor license to remove the restaurant certificate. Furthermore they did not receive conditional use approval to change the use to a drinking establishment as was required. When the Busted Shovel acquired the former Harry's Baz & Grill, Planning Department staff informed the new owners that we were not awaze of any past approvals that allowed the establishment to operate as a drinking establishment (see attached zoning verification letter in Exhibit A). The liquor license approval by the Director Anna Canning states, "approved as restaurant use," dated May 8, 2006. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Existing building already serviced. Location of water: Existing building already serviced. Issues or concerns: None 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches Irrigation: N/A 5. Hazards: N/A 6. Existing Zoning: O-T (Old Town) 7. Lot Size: 0.05 of an acre Busted Shovel -CUP-07-004 Page 3 I 4ry ~'_ f ~~r- ~ xEh v L5y4 . x~~~~~~~:1! t ~ ~ M ~'~ r~ : t n Y .S ~.q~.~.. . ,. ~ " ~ .~.} S 3 1 {~~ ` f µar r .N U .6i~~~e'. .'S i . . 5 ~ } ~~1 ~: f~ i f ti rt: . M': ~'p~M - F I ir .kI- t ~ i .Y. ,~1' a ~ ~ ~' c:, r Y L tLT't ~{' . ~i:~ ~ L .~S x, 4ij , AC A ~ y ~_ ~~ ~ [Y .f if'. ` ~` . tl .2' l~~, ty ...t. . -.. i` 'F{ k ' 4 ~ i / :'~ l [ 'lk > - tij._t .. a ~~ e~ .~ ":~:: ~~ , `~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 ~3 i '-` f. Conditional Use Information: ~~;,-. ~~ '-' 1. Non-residential square footage: 2,400 square feet ~ {ro ~ `` 2. Hours of Operation: 11:00 a.m. to 2:00 a.m. daily ~' `` g. Off-Street Pazking: ., ~ `' ~- ~,<~~ ~ 1. Parking spaces required: 5 e~, __ , : 2. Parking spaces provided: 0 (5 on-street pazking stalls aze provided in front of the building on Main Street and on the south side of the building on Broadway Avenue) ~ -., ~= ~ ~'. 3. Compact spaces proposed: None ~~ _ '- ~~ '~' h. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this site is provided from E. Broadway Avenue and Main Street. No new access points or streets aze %~> proposed or approved with this application. ~- ~_~T ~ ~~ `"" 7. COMMENTS MEETING ,;:. %~ On March 30, 2007, a joint agency and departments meeting was held with service providers in this area. ~. .F The agencies and departments present included: Meridian Fire Department, Meridian Pazks Department, ~, F} Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. & ` ' ' Staff has included comments, conditions, and recommended actions in Exhibit B below. ;'; 8. COMPREHENSIVE PLAN POLICIES AND GOALS ~ Y_:~ The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Old Town." Per ~5 .,* Chapter VII of the Comprehensive Plan, the Old Town land use category "includes the historic downtown ~k _ and the true community center. Uses in this category would include offices, retail, and lodging, theatres, ~ ~ sj restaurants, and service retail for surrounding residents and visitors. A variety of residential uses could 4~; ".,;~ ~ include reuse of existing buildings for residential uses, new construction of multi-family residential over ` ~~` ~w' ground floor retail or office uses. In order to provide and accommodate preservation of the historical h ~`-~ i c aracter, specific design requirements may be imposed. Pedestrian amenities would be emphasized. •. Public investment to ensure that Old Town becomes a centralized activity center with public, cultural, and ~ recreational structures would be encouraged. The boundary of the Old Town district predominantly ' '~ ~: follows Meridian's historic plat boundaries. In several azeas, both sides of a street were incorporated into ``~ ` ° the boundary to encourage similar uses and complimentary design of the facing houses and buildings." s - Staff fmds that the request generally conforms to the stated purpose and intent of the Old Town ~,- ~;~~ designation within the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be ~ ` F ` applicable to this property and apply to the proposed use (staff analysis in italics): '~~: • Support compatible uses which will attract a high daytime and nighttime population to the downtown area. (Chapter V, Goal II, Objective A, Action 3) Staff believes that the proposed use of the property as a bar (dunking establishment) and grill, will attract people to the downtown area during the daytime and nighttime hours, which could ~° -_ also potentially attract customers to other neighborhing businesses. Further, Staff believes that ' ~: ~t ; because the business, and previous business, has operated at this site as a bar and grill for quite : ~ some time, and because the property is adjacent to another drinking establishment on the east , ~:;,; the proposed use should be compatible with those in the general area. °; ~~ ~:_ j Yi- }- j Busted Shovel -CUP-07-004 Page 4 ~ i ~~,. ~' ~ ,fit ";x' ~~P~Y -. f~y~ -.. * r t~ ~,V+~~ .x. '( ; i q crJ ~ ~ - ' , I ~}! =F~i, ~y;~,.. M 3 ~:~{! ~ ~,:~ ; ~ ' . ~.~ - ~y7ii *.. .. , . ~~ 1~Y ~ ; fj ,a~ ~~ 4 ~i ~' t' ' i __ yy 44 `3 ~ ~l~'W '. t ~`y i J '..y .. ticr--•. 1 ~i<~~ , ~ k.r...: p, t~~~i~:~ 'fY,!".i~-0'f ~ ht scY,i'~~' pf i..~.. ,...+ i ~ ~. r ~ ,` e Y +~ ~ k i ~rer~ ~. ~ '~ ~ _~ ,-a:. :;y;~ x '. 5:. 5 r .~..r i . .. L ~E !' ~~ .. ~~. ~ { ~ai~ v , ~ • ~ 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 9', ,:_ ~ Encourage compatible uses to minimise conflicts and maximize use of land. (Chapter VII, Goal IV) ~~ Staff believes that the proposed use should be compatible with existing uses in the area per the 3 reasons stated above. t' ' ~ ' Staff believes that the proposed use is consistent with the Comprehensive Plan and is compatible with ~ " the surrounding uses. Staff recommends that the Commission rely on any verbal or written testimony : _' _~ ', , that may be provided at the public hearing when determining if the applicant's request is appropriate ; ?> {:` for this property. ,; y,. ``' ~ 9. ZONING ORDINANCE ~` a. Allowed Uses in Commercial Districts: UDC Table 11-2D-2 lists the permitted, accessory, and ' conditional uses in the O-T zoning district. Drinking establishments are a conditional use in the ~ ~~ ' ~ O-T zone with the Specific Use Standards listed in UDC 11-4-3-10 (see Section 10, Analysis, for ~` ° :; specific use standards). ,, .:,, b. Purpose Statement of Zone: The purpose of the Old Town district is to accommodate and ~; ~,~ encourage further intensification of the historical city center in accord with the Meridian ~~' :~~: Comprehensive Plan. The intent of the O-T District is to delineate a centralized activity center p ~ ,} and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. Public and quasi-public uses integrated with general -< business, and medium-high to high-density residential is encouraged to provide the appropriate ~r `, ~- mix and intensity of activities necessary to establish a truly urban city center. `_~" `~ ~ 10. ANALYSIS ;_ n ~'; a. Analysis of Facts Leading to Staff Recommendation: Staff is generally supportive of the ~;~;~ ; proposed CUP request as presented in the staffreport, with the following comments: . s '~~`~''~`I~ CUP: Per UDC 11-2D-2, a "drinking establishment" requires conditional use permit approval in 4 <~ '~ the O-T zone. Harry's Bar and Grill, operated primarily as a restaurant use. The current business, The Bu t d Sh l .r „. s e ove , was approved as a restaurant use. The Busted Shovel would like to change ~- the current restaurant use to a bar (drinking establishment) use for the purposes of allowing smoking within the establishment. Smoking is prohibited within restaurants per Idaho State law. Further, the business does not allow anyone under the age of 21 to enter the establishment. The applicant did not submit asite/landscape plan or elevations with this application as the site is not ~~~ changing, only the use. However, the applicant will be required to submit asite/landscape plan ~, ? and elevations or photos with the CZC application. ~; < .~ _ Specific Use Standards for Drinldng Establishments per UDC 11-4-3-10: r'.'' A. The facility shall comply with all Idaho Code regulations regarding the sale, ' manufacturing, or distribution of alcoholic beverages. The applicant should comply with L. this standard B. The drinking establishment shall not be located within three hundred feet (300') of a property used for a church or education service. Nor shall the drinking establishment be ~_~;, ~ located within one thousand feet (1,000') of an adult entertainment establishment. Staff is ' unaware of any church or education service within 300' o this ro e f p p rty, or adult . entertainment establishment within 1, 000' of this property. ;, ~: C. For properties abutting a residential district, no outside activity or event shall be allowed on the site, except in accord with Chapter 3 Article E TEMPORARY USE REQUIREMENTS of this Title. This property does not abut a residential district. 4' Busted Shovel -CUP-07-004 Page 5 .. .>.,.: ~~~ 9 ~,r`:::itS~~2 'f't ' " kiYx Y' S 4~ t $' £ . F". ! . .: Y ~ G ~~' ~ i i! 5. . . ~ 4n Im . I ') i , ~. . . ~ i~.'py ~ .: ~f ~ '~ i iJ~r y I ~ ek':iy'i { F 3 ~~ ~,~~x~t^, `c S:°'',;9:4,'< }, ~" 415 3 3 ~` 9. •~?v~^6tlk)yy?S0,•~^'Y~ .. .I. F L 'r '~.t;•: ,.~,t's IP ~ ;, IY ! F=~"~ "'~a r' } ~~~"~.t. '-tV`yt~.• 4 ~ 1~ }ki t `::}A~, ~~f ~'Y•'•.. : L I 10 .~Z y ~~ . : , • :; j I • ~ ~~ ~q ~ ` }y'9y> `yn'j' _ ~' ' ,ry g (. ry~,A! S 6•<. y L,Y M1'^• f ' ~tk '- { ' i, i ., t. ;' .ass:-•'. ~ f «,f. :x': ":yc, i ~.. ~~•( F. '. M y ' A~~. ~'~"i$: `~' C tl ' T h"" ~K, i~ ~ v`H'..?Vie. A w y r • , . . ; S` ~w { . . r > j41`i ;F.;,[x•,':..~F. i`t <. C.:i :xs' '1'w' .~. ~ .l.t"e, \ ~. ~ . .w'9~%i ,P'y .~ i.fl.~ ~ ., .. '- Ks, . ; . ,; . X ' , 'F3 'z ~ C'~ ~ ' " ' ~ ::ki ~ ~"~ ~ ~ ar ;~r,. e,Y: 9 ~' 3{ "~'~~'i ,Yt sl ;~ A sY~,- .?9 ~'~ ~~' { '4` . ~ ,bbt ^ ^~ . nF j I > • .: ~,~;;3 s s ; . fix%3 ~-; ~~'i( ' M'!' '~':3Y~ ~i~~ s ;. ~ f f .s ~=P 1w~5; .'.;: •'.i ~ 1.' 'i .... . :.M1•:' F:i'. fir; S-,i .. 11 . • . 4 ~ ~ 'nF''€' ; ~~~ .:• ;r ', 'k a •~~; :, : . •;•t,:. , , ~ ~ ; :,;,,. ~, ~w,;a 'd. :2 F ~Y ~'2'S. 1 - : ,:. i ~ :. . ~F~~$. •en. ~yA~s~~a ~w i f"~ ~ t t F f s' Y• {' ~ } ca~ i rv „~ '1`X .q, '3x d~ <M.'sti~e'. .ssiij€:~. I ;;Nx , :,s;~w~.'~~.~.-.`''::: ' '..: :P. ; n .~';^:A4Y f`~"~3~h' F ~ I ~~ ~ ' I , :; 111 '~. _ : 1 ~ h~FrS I I ~ ~ ?!al''Pr . v 's~ri..M.<rs+~x, a i S ~ s ' k ." n ' ' ':4 .~i fG:. .~ ~~ .,,i~.y~, ,~'`~ ~ to ' • ~..~ p ~k '`nJr~ rf~1, h ' ' .. ' )4 ~`'y i 4'~ :Lj:3;f'•k''~? _ C~ r ( ..~''f `.'35 ;A~;:. i'$1i~ I :7 ' ~F ' ' ' I }, ..i. ,~~ F -~ .Y ~' ,. F I r I: s f A. 3A , .1 ~}~ __ ~: :''>. •"St,~;`'g,: ,;~t:.r.i~ifi r _ J ~ ~ ~ ~ ~~ `; p. I `f ^F. ~i.Fj ,"~` 'rd=;asr: r,;;~li~ d~" ~s`~T,?`";~;. ~ : ~ ' • tbw;.,~rr `,,~ Sx tR. "?' ~'F~'" z.`#~^ r ' x..a,;~k . ~a:~, V ! #i . " ,~ t; ~X, ~,,~s . ; ~ ! ; ~ ~ xr. ~~ 4 a~: x.~ i ..:. ~`,N ~f ` 'i',"~ 1~~.±~'`^.Gff:.`,hf1}~~ t vA'~,... .i' I '%J ,.. . t " I Z = }.Y.'r`i .yt :,.~~'t r:; ,.~; ~~"? CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19y 2007 Access: Access to the site is provided from Main Street and E. Broadway Avenue. ~, ~ ~ ~; ` `'~ i3~: ~~~ ~ .. ~-x , ,r; _ E~' -; ;< <..~ ;* ~, ~: -. r:; , Parking: Because this site is located in Old Town, and because the existing building encompasses almost all of the property, off-street parking is not feasible on this site and is not provided. However, the applicant does state that the business has a verbal agreement with the property owner to the east for off-street parking, which includes a handicap accessible stall. Further, the applicant states that there are five parking spaces located in front of the building along Main Street and on the south side of the building along Broadway Avenue that the business uses for parking. Because off-street parking is required per UDC 11-3C-6B, Staff is requesting that the applicant request Alternative Compliance to the afore-mentioned section of the UDC along with the CZC for the new use of this site. Hours of Operation: The hours of operation for the proposed use as stated in the application are from 11 a.m. to 2 a.m. daily. Elevations: Elevations of the existing building were not submitted with this application as no changes to the exterior of the building are proposed with this application. Any exterior modifications shall be subject to administrative design review in accord with the "Downtown Meridian Design Guidelines." Previous CUP for the outdoor cafe: The previous CUP approved for Harry's Bar & Grill on this site in 1995 for an outdoor cafe, required that the applicant enter into a License Agreement with ACRD for the use of the public right-of--way for commercial activities. The owners of Harry's did so, however, they terminated the agreement in May 2006. The applicant should contact ACHD for a transfer of the License Agreement to The Busted Shovel, or obtain a new License Agreement, in order for the previous CUP to remain valid. A copy of this agreement should be submitted with the CZC for the new use of the site. Certificate of Zoning Compliance: The purpose of a Certificate of Zoning Compliance (CZC) permit is to ensure that all construction, alterations and/or the establishment of a new use complies with all of the provisions of the UDC before any work on the structure is started and/or the use is established (UDC 11-SB-lA). To ensure that all of the conditions of approval listed in Exhibit B are complied with, the Applicant will be required to obtain CZC approval from the Planning Department prior to establishment of the new use. All improvements must be installed prior to occupancy. b. Staff Recommendation: Staff recommends approval of CUP-07-004 for the requested drinking establishment use in the O-T zone for The Busted Shovel, as presented in the Staff Report for the hearing date of April 19, 2007, based on the Findings of Fact as listed in Exhibit C and subject to the conditions of approval listed in Exhibit B. The Meridian Planning and Zonine Commission heard this item on April 19 2007 At the public hearing the Commission moved to approve CUP-07-004 11. EXHIBITS A. Drawings & Associated Documents 1. Vicinity Map 2. Copy of the Zoning Verification Letter Requested by the Applicant on 4/3/06 3. Copy of the Zoning Verification Letter Issued by the Planning Department on 4/7/06 4. Copy of Retail Alcohol Beverage License (valid 1/1/02 thru 4/30/02) 5. Copy of Retail Alcohol Beverage License (valid 5/1/02 thru 4/30/03) 6. Copy of Retail Alcohol Beverage License (valid 5/1/03 thru 4/30/04) Busted Shovel -CUP-07-004 Page 6 .,;: :-I. "~ : f~! ; ` _;: . . y ~ t! . ~~~ s _ ..,b: 'w~ ~ , . r L +. (, ~ , ~~ t t : : y. ~ if L'-J. . ~~,s;. _. _.. . t .. r~~: _, ~' i { f ~-~~_ ',f I ~ ff ~Iy I ~~ w~~{ . ~ ~ P s.. ~I - '~ r ' y,`.. F Y. '~7-~i ~:G ~:~i ! f 2 ~t .. My ~: YI ',~ ~ ' . .; . 1 Nf f S~ ~wt~' 1 ~~~~t: j ~ 1 . ~ h ~~ L ~ ~ _ .~ i t ~~ . l ~ t> ~, ~ ~~ ~ } ~~ ?'a ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19 2007 ;, ~~~~ , ~,~? 7. Copy of Retail Alcohol Beverage License (valid 5/1/04 th 4/30/05 '"' ~~ ru ) 8. Copy of Retail Alcohol Beverage License (valid 5/1/OS thru 4/30/06) ,' 9. Copy of the Beer & Liquor License Application Approved by the Planning Director for ~; Restaurant Use on May 8, 2006 ~~ ~ 10. Copy of Beer & Liquor by the Drink License Issued by the City of Meridian (valid May 9, , ~;: 2006 thru Apri130, 2007) ,,` `; ; B. Conditions of Approval ~ ~' ~ 1. Planning Department 2. Public Works Department i 3. Fire Department 4. Police Department ~ 5. Parks Department .~ ` 6. Sanitary Service Company { ~ `~ l ~ - 7. Ada County Highway District '-` C. Required Findings from UDC ,. ~;_,,.~ +~,r`y r: i 4' PG ~ `' :~ ;~ .l-.. ~: '.t. '~}~: t ~''i~' '~k ~ r,~, ',2t +' :;4~'. ~c,~~~ '?~tt y Y ~.y,'rA~ ;~ j,,,. t . '],e ~P r it x ~ ~, ,t; ..y~~? yy~ LMT ~ ~ :~ Busted Shovel -CUP-07-004 Page 7 _ ,; _ ~.~_ :~ =>a:e: ;r#i _~ :~ ~'? ::,. ;: '~', r ' J `r . :: ri~ ;l'I .+'>4~. is : ;: +: ~~ ~. 3•; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 A. Drawings & Associated Documents 1. Vicinity Map Exhibit A Page 1 ~ ~ ~ ti{z: ~~ y ~ yy µ ~ ~ . ~ ~ ~~~" . ~. nM y ~ ~ ~L~1 ni f 5 A,~ ! F ~ ~'{~ r 1 ~ , 3; Nom, ti, vi .; 1. is ~Cn - tF ~s~ A '~" ~'~ 5 ', ~ ~~ ~ . p~~~ : ~.. Yt .. r !:" ,,, ~ 5},_ }; d - 6 ~ ~!'r ~ ~'1~ ~ ~ '{ S ~ ! ,,~ ~*. Ii+"w a r y C; ~~,,, ~ k .. ~ I~ } i '?:~.... y:. :-L.. . 2 ~ x :i.. tR i~ ~„ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 200'7 k ti .;; ;; 2. Copy of the Zoning Verification Letter Requested by the Applicant on Apri13, 2006 d. , 4t;. ~~ ' 5 yF¢~ s R #~ 1 -~ A >* ~' ~ y ~ 1 ,~ ~`~: i~cridiat~ ~`ity Placating ~: ZQnin,~ ~~° t 1~ ~'`+ .l ~~~ ~ ~~~"jj?r~~ys a~ NY ZIE~~ Ra ~611~11! ~I" ~t ~ qty' '~f ,~tvt~,~~ , wf ~~~,. 1, i +~n m ~ Ufa ~naing V`eridiratit~n letirr +~garding 7~ ~. i4~[ain fit,, li~cha+~iaai. 1 a~ purc img tl~ bui~drtg ~; sell r~ tht~ liquar lieu cwn~e-tli ~ltg t in the btulding. r ;_ Al~rl a C~a~trnl weds this letter tc~ further ~~ env ligucr licce~~e F ~y_ ,~ ~- applic~tinay ~' l l>a~+~ ~cluSed the Sib fee ft~a P ,~ Ihis reque;.~t. Pleaise with an~+ yura,t~rt4. ~M`yqy~ ~ ~~, ~A®7$~ pu ~ ~~ '.®'x+.m:. 1111a~ l\~171137~n ~° ,~ ` "~~ ~~ ~ , .. 6 ~. M Vr'4r-~nw:; `R wy W. t ~ ~ +'-"_' u ~ ~# 6< `+_>' r' ~ `+- ~ ~.'^. r/` 6° `:: ,.. ~~ yt.,_Y •. _..~f ,~ ~ 1 p ti ~ ~ __YY ~;[ G" ~~ '~ ,~ *~'r tb ~~ ~ 1 r~. L:S. ~1!r '7 ~,,. w A ~,.. ~: ~~;; ~,},,r :, o. ~ "p's ~' ~ , ~a. ,,, ";,;. _ yi "L~ ~' .. :., ' Exhibit A Page 1 ~r ~~ ~ ~.~: 1 , t 's st ' ~,Ay S~'J ~~ '., ~ y 1 <. ~1~. C~ ..~.. 1 ~ 4 P~F 4 ` " ~. ~:~t {~ ~;~~ ~ S ,~ . `>~._ F ~ i :~ti s " ~" ' ~ .w-, - ; s ' ~ ~< A ~ tae pX~, 7~ ~ ~~ :. ~ p3±i ' h', lyl ~x+., ~ ~((,~ ~~k'w~ 'y 7 1~~ t ~~ 3 ~~ ~ { ,, n 3 E~'~~ 4 ~ ~,s ^~ .; ` ~.. _i tip F'^ y._ { + , pr ^ , , 1 ~, e ~ ~:q,:y`~7 'r _~}' ~ r f ~ ~ , "b.. pk" • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 ~_ ~, „; rj r3 tq. 7• 3. Copy of the Zoning Verification Letter Issued by the Planning Department on Apri17, 2006 M. . ''`x ~' ` ,_ `,~ t,a;~,w~;, 6 f "Ir~i~~?t1 ~~l~~fltA.~ Y14_ ~'~^ri~ C:tt't° Ctz~ ~;` tt ~OwT~s~Lt~tiFZ F~c: itta Bud x -;r'~ ~°ttacd~~ _t'1 RrFaasGtag~€ btr~us~ S1"~rclfi Chc~f,~ l:la~-u~f°t Z"i7'Y ~Et'A41Lh1`s {; ~79~ t3_ tr~rtktuv It~~! 1'~fkn ~?c t~E'44~'.Dti,ifb t9 4'b`. Cs~fu~»rtim~tt ;`ti~ :s"?~I _- . *` -: tar. i 1+. `Vor~~r~ra~a•er A ya~r f'a~Uie~ t<t~'~1 E. 4'l:lterl€~ver L~,~~ t'ul*~fb: ~\yrl~~ ~~a~ ?tats ~s-1~~~; F_ k~'~7t~_r€eetu~r f:~~zsr ~°nurr 1 ~~ = c:. :..7t~x 3 ~ `~ rti' €"tsre !~til~ tau+dact t:.,t,•e '~;? f ta~?~"~1t eM April 1, ~OfJt- ~4r• `t~illiatt! R. tcaster~m ~[WB f°e±bble ~i+"a 1,7eridian, leiah~ tt~ti^I2 ` R6: Zing v`erifitxifiun i,~.~er f+ur ~ Prcrp+~ti~= hued at 104 I`9 1<Ltua 5treee I}~r h•tr. I~tdSG:rtlF~nr In r~ams~ kci yrsur regv~•st Cyr zt~niag etiriFioti fur the prts~rt~ Itx~tJ at 70•# 14`. mt~iam Str~s~t, plti auie the fallutcing: 77ie qubject prerp~K~° i4 curreutl~^ ran4wi O-`I` (O1d Tus~n lai~rict). Tl~e prod n.~auttnt use can dt4 prup.~rt}° it iicted ;ts a ptineipally pknttitted t4ee m the O-T :~ in tlw C'it~• ~~ hteridi;to's i,6°nified f~eieluptnertt t'c+de (LtUC)h Table i-2e-I A r3ctaurant i~ dread in ltl~C t 1-IA-I ae, `"'I'b~e usv9fa bite fAr the pnmae~^ laude ~f fn~d prcltaratiang haci~,g t€etehen and c~ng fue+litit4, and ~~°h~re mils :era r~uL~tt~ ser~~l t~ the publie fQr e+t~~an~tir~n" It also de~f~~ tt r~+a~taurant as; "'Pstubli:htnt:n~ scit3t a bar anti -c°ine lir~nse that trEeo"t die dctinitiao ®f rr~,crcurrc~nr a~ set fstrtli in 1dah~ sldntirtestratn^e Cndc 11.1~~.0 i ot~Ifl.O~, itteiudiag but rat iirttteri to 6~r~~ pulxc and ~~c tiara."" 17n sar~~cuusuniptic~n cafittc~huiie bcu+~rtges is alleaavcd+~n rlic prk^tnisi~ but ~nty as n s~,csndtr~ usv tin the r~yutnr~rt A drinking talalishment ccrautd requir4 a e~xnditii~tt>al aee ~rrttit in Cite t?=1" zunti. If ~•oRt should Dace anx ~~ qu~tiaans r~arding this rtaatter, please tlQn't hcsitatti ~ ~til, 'rctc~, I3nrch +~'annitt,~~*, ,41t'P Ptartnne IJir~tcar C iii" !~ il,l ~~ 1 ~~~'~' lD,~II~? ~4 h?'~iC"I 4>~tF ltll?IAi~t IE4~t-IC- ri>12 i?tti,l ,~l~~~-1~~~4 v„C'[•P~K i ._, a PTr '~-~` k i~ ~ ~ ~~ >:~« fi t3"~ ".^,~,~ ~ T ~~ b~'k~ ~Stt k ~'. ;' = l`a`tt ~"e;?3'~ !tl 11'~?h ~;t€`~`li=l f.~k~ 3:5! 3~'L Exhibit A Page 1 '~ t ': ~ >a{ i ~ ; 2n~i y N. 5'; . ~. ,~. t r ,: .. e~.. ... ~5-' }x ~: L v?- ~~ .. r; ~lyi~. Y r ~ F~i~3 , t ~¢. ( ~ l ' A 1 ~ f~ %A r ~ { kh~'~ ~ . ~.t 7 C(Y '~ ~ k rx ~ :' , _ y{ G'Yf~ ~ . ~ t: Iai ~ _ 4k . ~. . ~~ ~i • .~~~~ M~ ~ ` ~h Gn. %f~~: F ASaifA~ •. ~~hR- ~ _ { ~Y~f}•• ii- 'w. ' - x{ t<, s~. ~ y~l ~ ~iHi _ ' jA ~•y~ ~ i~ ~3 ~: ~'+,r w F L i' r ~R,.-;. ~? S ~ f~C S+~ Y ..: z '= x, `: Y ~ `" ' " CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 ~' t -r.. ~' = 4. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 1/1/02 thru }. "` 4/30/02) showing "Yes" on Restaurant Use .. ; ~.: 'c r. fir: n 4 ~~ ,RETAIL ALCOHOL ®EVERAGE LICENSE No. - • 247 ~~~! ~~ IDAHO STATE P ~`~ . ~~~~:~ f OLICE ,, <- ' ~L {? ~,,'M THIS IS 70 CERT~Y, TYtai HARRY'S SAR & GRILL INC `3' . ~ ~. ~ ~ ~ URA: HARRY'S BAR & GRILL PREM.NO: lA 314 a~~ ~ ~~ INCORPORATED CITY ; N A ~,; o ,~ is Ilcol>sed to sell alcohol beverages as stated belowr ~ '" r ~, m ' ~~ HARRY•8 HAR & GRILL INC ~' ~i} ~ '~" q ~ 704E 1ST STREET HARRY'S EAR & GRILL ' .-~:} ~ r,~.. ¢ ~r 704E 1ST EET ~«~M al '~ MERIDIAN IDAHO MERIDI IP 83642 v AUk c nrenr '~~ g R o ,'`® ~~ >? u S~ ~ s ' . ~ r ~~ ~BStIIllfa(11 4 . R w w a imar W cul~umUue ----. 'o " Beet' $ 16.6 7 5 ~ ~-> ~i x ~- Keg Baer $ mg VALID J01/2002--04131&/2002 ;^ ~ . s; Wir>Q By Tke Udnk $ a a _ 3 a 1 ' W '" Wirre t3y Tha Bullld $ _ mb ~ ~, r3 y i~yuor By Tne Udnk $ 7514.- bb " FEE $ ~0®- ®0 ~ ,, '? 4 ~~P ~ a LMI FJdO/pYttT~ a~ ~.... b'~.~ n J t`"'~t'e t ~. .I. rn .~~'~ ] .~...~ t1. 1" ~. .i. .~':~"~ .9 , ~ P„ < v i. ~ F~ Yg,, a. ~:i ~ :;: ~. , 5. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/02 thru 4/30/03 showing "Yes" on Restaurant Use ,;* ~~~ ~~ - -;~--~ w ; ~._ ~ ~~~~~L ~~.~~~~~ ~iE~JE~AGE ~~~~,~~~ ~,o. 0836 ~. 3 ' n ' '~~ TE+IS 1S TO v'EtiT'vt~y, Teat HARRY'8 8AR & GRILL INC u` } `- ~ a~{ DBA: HARRY~3 BAR & BRILL PREM.NO: lA 314 - ~ ~, INCORPORATED CITY ~ 'y~ ,s fir.~nsed to sell alcoltal bev°:tat3es as slated 3~e~~w - =f _ ~, __~__ ` ~ ~' HARRY~9 HAR & GRILL INC _ a'; ' a' i ~., 7 04 E iS .. T STREET CRABBY 3 HAR & GRILL ~~~~ ~ ~~ ! 704E BT STREET ~ -~ MERIDIAN IDAHO ;MERIDI ID 83642 ^' ~ n ADA Ii ~. ''~ _ ~.. ~~ r raoa~rnreFe '.r `~ ~` i > w ~ ~ re ai ?.(I,: ~ cd :nq.ra ~. q 'i+i h~5 6~~' S - 0.0_ VALID /01/2002--04/30/2003 ~~ N,'ine 8y The 4rinl4 ~ __ __ AA ;;~. w '#, UVlna EY Tne Bcthle S ..0.~ t ~ ~~ ~' ~ ~' Liquor By Tne Drink ~ 7R0_®4l ~ ~~~, ~ ~~ FEE ~ ---89~R.~~ m y -0 r -. '. ' - _ Exhibit A Page 1 t ~7 !e k .~~ r: ~-. ,.r,~. ~ rs.~~~ ~, ~ ~,. ~~ .~2 zi ~ - : :t r ~ m~~ _ i ~ . yr f c " ~' ~~: Y '~ • ; ~ ,~ y-.- 1~'rJyi "~ t ~ \ v~'^ D ~ ... 'sf HFF ~~ L ..~'`J.~ti: ~~, , N i ~t tY i~.~. .: . . ~L { SY i'lY.~~~'. 6 u1e r F i i a ~;~ r T, i 3Ljr~ t~e { ~NSi~~~+ r 1 ~ a ~'~r~ ~ 5 ~ :stn ~ i[ ,,~~. "e ~ €$ ~ ? ~, '. ~ ~ S~ i y ~ ~ ~ ~U ~, lac ; s r iyti ;iw ~ r7"~~ ~ i,Nt~ .~; ~n t"•~ X ,,"~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 6. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/03 thru 4/30/04 showing "Yes" on Restaurant Us e ^ Ili ~ ~~ ~ ~~/~i~ Id h t t . a o o e Police P~Number. 1A-314 Retell Alcohol Beverage License No. 20114-1090 This is to certify, that HARRY'S BAR AND GRILL INC doing business as: HARRY'S BAR $ GRILL it lcensed to sell alcoholic beverages as stated below ae 704E 1ST STREET, MERIDIAN. ADA COUNTY Acceptance oja license by a rnJailer shall constUt/t2lm4iwledge oJand agrean¢nd to operate by and in accordance m the Alcohol Beverage Code, Title 23. Only the licensee herein the l n herein specified shall use this narr~p t license. S~hacnt D~.LLC MmN.~rmPorOiar On Premise Consumption; ~ ' c _ Restaurant ~ HARRY S AND GR9_L INC 8e~: O~.bO HARRY'S BAR $ GRILL ~ " Kea ~~ ~ Wine by Ole Drink: ~ 704E 13T STREET Wine by the Bottle: 9, OQ MERlt)IAN ID 83842 ~ c Liquor by Ote Drink: 750.00 ~ TOTAL FEE: $QO.~ MallinoAddress _~.Y.i ;f.; s; .; 3 ~;fd' }','? r~~~am~ Ll~nse Valkl: 05/01/2003 - 4/30/2004 Expires: 4/30/2004 7. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/04 thru 4/30/05 showing "No" on Restaurant Use Idaho tote Police P"~~se~Number. 1A-314 Retail Alcohol Beverage Cleanse No. 2005-1144 This is to cattily, that HARRY'S BAR AND GRILL INC doing business as: HARRY'S BAR 8 GRILL u licensed to sell alcoholic bevemg~ as stated below at: 704 N MAIN 3TREET, MERIDL4N, ADA COUNTY °° ~ Aaeptance oja license by a retailer shall consgtute hwwledge of ~ agreement to operate by and in accordance v. to the Alcohol Beverage Code, 74de 23. Daly the Heensee herein named the l n hereto speclJted shall vse this license. o On Premise Consumption: Restaurant ~ Beer. 50.00 Keg Beer. ~4 a Wine by fhe Drink: ~ Wine by the Bottle: D 20 Liquor by the Drink: 7b0.00 TOTAL FEE: 800.U0 ®' w ar rmau~nosmmr~ Exhibit A HARRY'S BAR'AND GRILL INC HARRY'S BAR $ GRILL 704 N MAIN STREET MERIDIAN ID 83842 ' Matlfng Address License Valid: 05/01/2004 -4/3012005 Expires: 4/30/2005 Page 1 ~~,~.. t' y '" aT - ~ ti ~a +_~' ` ~ .a . ~..,f t ~{, ' i'~.:'. _~ ~ ~~w SY 1 i _'. , ~ ~%~~ - -~ti`~ t _'q~ § C ~~.~ ~} ." ~ it .2'iY.~'.1 I ~ { .t' ~ ~ ~ ' ~ ; i~f[ ~~ `~' ~ /' w ~1 4 rr t ~ ~ r ~ ±f.~ r t ~ ' ~~ I # mS ~; ~ ;~ ~y L4 M k }, y f~ ~' 7 i~~ t ~~t' M~P t~~f ~' 44, ~,` ~' ~ Ft ~ }.. 1^ '; SLY to (e i r y ~ t~ ~ ~ ~ 1~ : y f' ( ~ ~'~ t ra '17~ - `~ Y -k ~t ~ ` . . ~~~Y ~~ b ^a 4 "~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 ~ ~i "~ ~`~ w~` ~~...`~ ' >t ~; ;`~; ;Y ~ ;; A s S W ~' z tv 8. Copy of the Retail Alcohol Beverage License Issued by the State of Idaho (valid 5/1/OS thru 4/30/06 showing "No" on Restaurant Use l~J wCZ~ ~. Idaho tote Police PremL~e Number:1A-314 Retail Alcohol Beverage License No. 2006-1235 ~ ~r This is to cert{fy, thaw HARRY'S BAR AND GRILL INC doing business as: HARRY'S BAR 8 GRILL is licensed to self alcoholic beverages as waded below at: 704 N MAIN STREET, MERIDIAN, ADA COUNTY Acceptance oja license by a retailer shall constitute knowledge of agreement to operate by and rn accordance to the Alcohol Beverage Code, Title 23. Only the licensee herein the location herein specified shall use this license. a 1 ~+ On Premise Consumption: Y~ Restaurant: Beer. 5o.oa Keg Beer. 9:92 Wine by the Drink: g,Op Wine by the Bottle: ~ Liquor by the Drink: 750.00 TOTAL FEE: aoo.oo a~~s~~ Exhibit A HARRY'S BAR AND GRILL INC HARRY'S BAR ~ GRILL 704 N MAIN STREET MERIDIAN ID 83642 ~ MaUing Address Llt~nse Valld: 05/01/2005 - 4/30/2006 Expires: 4/30/2006 I 3 i 1 i i I Page 1 -;~ ~,r ~ .. ;_.~r; €eY~• F~ ,_ t ~ , ~z~ ~ ~~: ~~ t ~' ..<:~, ~x .~ ;, t iY ~ r w .a ~ ; E ; . ' ~ ~~eY` -~ ~ . f~ ~ ~~~.. F Itt r ~~ ~ 1 , 5 I` ~~ ?i'~f _ ~ a ;=rr. r.r 7 x t, r !'~'U t. ~ ~ . ~ ~, ~~~~' {.i~ ~ ~ ~ - Nh `K :r ~ ~. I _fj: FSS F ~ A ?'C"-1 g}J '~" ~ ~ ~w : z.'ti ~ I ~' F~ r Fv ~~^ ~~ .. rar jay Y x :. Y. F CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 9. Copy of the Beer & Liquor License Application Approved by the Planning Director for Restaurant Use on May 8, 2006 l~di\r~~ NEW BEER & LIQUOR LICENSE APPLICATION ~Y ~ g 2Af16 INTERNAL APPROVAL CHECKLIST Oity °tMerYdisn City Clerk Office For Internal -Office Use Only: ;.-,t ~~:~ r; Y~i ..; :-. i,' ~' Applicant: Wl Liam R. Kosterma Business Name:. The Busted Shovel Location: 704 N. Main Street Application / Flle Fee: B - 200 L - 62.50 Receipt No. 7935 Economic Dev®lo ent» Economic Dev®lopment Approval: Signature Date Police Department: r Police Chief ApprovaL• Signature Date Fire Deparbnent• Fire Chief Approval: Signature p~ Planning $ Zoning Depa ment»• P $ Z Administra#or Approval: ~ ~ ~~ Slg re ~y ~' ~~Date Public Worlds Departmen>a `-'' ~ Public Works Director Approval: Signature Date '` PLEASE ETURN THIS SHEET ONLY WITH THE APPROPRIATE SIGNATURE. ~' THANK YOU. ""`C Council a ~ iiI- pproval scheduled for May 9, 2006 1 Exhibit A Page 1 t.~, k~ t,,r r;;r; :~,, ; ,.z ., ~~ wi ~, ,~ ,~~t ~ , n. ~ x , ~ 1 ,F ti ~~ r ~ { , ~, ~: ~:~ ~ . ,±+~~ ~ t'~+ ' ~~i ~ 1 Vii, r . 3 ~~ ~;?~ ~ y5 ! ~ f { .'.1. ~~ {~~ y~~ rnx~. ~:~,: ~. ,~ ~~ ~ f v h r~. J~'' ..P~ „r,.-~ ~'a3i, NCR ~`r ~i~.'.. _~~ ~ ~' ~~ ~ Q. .:i r.~Y ~!. l~. ` ~ frf :ii ~~. ,. ~. :;~. 1.S' • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 Exhibit A 10. Copy of Beer & Liquor by the Drink License Issued by the City of Meridian (valid May 9, 2006 thru Apri130, 2007) ~----g-------- - ---- City of 1Uleridian~ Beer License No ~ ~ ~ ~ Ade. County, Idaho 'Giaratea+~ May 9 2'fi9g F~res~t' n'ce 3~~ 24'-Q7 7NIS'lf1Et11SFtsgrentedro W~E~:fta~m RKoa~eam~tn doHlg~lxrstiie~ssas Tle Sr~a~¢~ 5h;oveZ (I+lama of eusfriess~l - _ to aondvct'a; retett buatness /n ac~cardance Dreg and BoRted Bser X to atk-nos and rsg+r~ttorrs, Bottted'Bser Onty Bdslire~on~ 704 iV~ ~ladn ~e•e~ (3aee~ Addresap !~ the Crtyy of titerta%n, Ade Cotmtyr~ tf'e ti~i-ed license fee tl~eretetre hsviifg t~rrQa-a 7hls Uoerv:e~Is ~.sde¢vn~ ~ of ire star et /datto~rogether wNi-the ondlaances of ~e Dity'a~l ~ Ada County, kfaha ~ _ _-tea g A~px.i.e 30~, a ono 5! ~.2ti01` Expires ~~y~, ~ TFIISLICE'IWSEts~granfeti('to ~:t~Q.tam~ R. _Ko3~¢hma-z --_ _., dotng'b~tne~as - 2' Btcbx¢tl ShOV¢-Z !Name o/ Bvstness)' _ to conduct a~ retell sate of l/quor by Hte Drink 1n accierrJancs to' dll rotes and regufatians, Ciinerit GRy Bser License No , 1'.34 0 _ _ . Bu87ness 4ocatkm; 7Q4 N~_; Ma.,tn_ S.t~ce~,t ; In the City of Metto'fan, Adas`Ccuttty~ "'"~ ~~'r ~ beer+ paid. 77i1sllGense~ls, ~ed~I1PP`~ with they oidl~`rlr>~a Of tMe C APP1401/ED'by ttre Cky Count' of Attu = Page 1 ~. ~~~ s ~' ~ ,~~ ~:,•a ~; f ~ ~ ~ ~ ~ ~' , 4 et ~.".~ f' '~ ~~¢y µ+< '~~~' R~ 1~ _ - ?~~~ ~~ y -yy,, *~" t y 1 - i i v~~t t t_I _ . . i lw~ l , ~ 6 -x, 'K " ~. Fd .. t. ti;,+:, ' ~~ ~, a v ~~~ ~ i^ ..r sr.r t ,ill! ~.l.i - .. 3 en.#:'~ a,. 3. ~~ 'dal!. 't ti l~ ;.yi}~ ~° ` l ~W .l~'C. 1ty ~ `~ } r' r, ' ~. d H i{ ~11 ;-~ ~~~., r ~ h~' A ~ ~ i r~., ~J...~ y u.c we L' 2Q. ~ `W. u~UcPrlCf~ cl~ ~ ~ i .~ ~r.._ ~.: -~, `~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 ;~~:4 B. Conditions of Approval ~, 1. PLANNING DEPARTMENT .` 1.1 The Applicant shall comply with the conditions of approval of the previous CUP approved in ,. 1995 and all other conditions of approval for this site. The conditions of approval from the CUP ~~ approved in 1995 are as follows: ~'~- • The tables and chairs shall not block the exit doors at any time. ~' `.~' The tables and chairs and the people sitting in them shall be located within five and one- `~ `~' `,~ half (5 %Z) feet of the bar and grill building, as stated by the applicant. • There shall be a pedestrian traffic lane, not including the Ada County Highway District of ?~' at least seven and one-half (7 %) feet. ' ~~ ~ • That the Applicant may sell or serve, or allow to be consumed, alcoholic beverages on V ` the sidewalk and outside of the premises of Harry's Bar and Grill, but within the confines of the perimeter of the sidewalk cafe for the hours set forth below for the operation of the ~~ :_~ sidewalk cafe. Therefore, Applicant shall obtain an amendment to its beer, wine and alcohol licenses prior to conducting business in the sidewalk caf6. • That the Applicant may operate on the sidewalk, in the designated area, from 10 am to 10 ~: pm. • That the tables and chairs shall be stored inside from 11 pm to 9 am and shall not be on _ the sidewalk between those hours. • That the Applicant shall meet the conditions and requirements of the Ada County Highway District and obtain approval of the State of Idaho liquor licensing department, the County of Ada, and the City of Meridian for the sale and serving of alcoholic beverages in the sidewalk portion of the business. ~~-~~~~ • That if the Applicant is not in agreement with the above conditions, the permit should be denied. ~y ~i • That all ordinances of the City of Meridian must be met, including but not limited to, the ~'`~~i Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform ,:.:~ Electrical Code, the Fire and Life Safety Code, all parking and paving requirements. 1.2 Provide a minimum 1-bicycle parking rack on the site in compliance with the standards listed in UDC 11-3C-SC. 1.3 The facility shall comply with all Idaho Code regulations regarding the sale, manufacturing, or distribution of alcoholic beverages. 1.4 The applicant shall apply obtain a License Agreement from ACHD for the use of the public right- '~`~ of-way for commercial activities in order for the previous CUP issued for the outdoor cafe to remain valid. A copy of the signed License Agreement shall be submitted with the CZC for the - new use of the site. 1.5 Exterior modifications of the building shall be subject to administrative design review in accord with the "Downtown Meridian Design Guidelines." 1.6 To ensure that all of the conditions of approval for CUP-07-004 are complied with, the Applicant ~' shall be required to obtain a Certificate of Zoning Compliance (CZC) permit from the Planning a~. Department prior to commencement of the new use. Exhibit B Page 1 K ~~~ 3 :ate, - -~~~. ~74 ~ ~ {.cam: ~~ ajf3 t'~~j'y; * y t tl p ~~ C ~ ` .a` ti 1 S : C '.F4 .: ~y~ ~~` v,~ _ ~I ,- '~ #~ .'4 F ~ ~ ~ k t ~~ ~ ,~ ~ ii'; y, ~ ~. i.{~!Y- r, ~, a ~ k` ~ ~ , h . D ~t~ ;• yy ~'~.~i ....~ ~ w r ~¢~` t m ;t v ' ~ 97~` . d f4 _ ~ ~ ~ i~a ~7t1,~~'.. - '~}, •} ~~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 ;~;,. f is 1.7 The applicant shall submit an application for Alternative Compliance to UDC 11-3C-6B, off- err 5::; street pazking requirements, along with the Certificate of Zoning Compliance (CZC) application y::;_ ° required for the new use of the site. 1.8 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the -'. ' proposed development. A temporary Certificate of Occupancy may be obtained by providing x ~: surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. F 1.9 No new signs aze approved with this CUP application. All business signs require a separate sign ~>-;~: : permit in compliance with the sign ordinance. 1.10 The Applicant shall have a maximum of 18 months to commence the use as permitted in accord ,, , with the conditions of approval listed above. If the business has not begun within 18 months of ~, approval, a new conditional use permit must be obtained prior to operation. '~'~ ~ 2. PUBLIC WORKS DEPARTMENT `° -: 2.1 Public Works has no concerns with this application. `~~ 3. FIRE DEPARTMENT _= ~ 3.1 The proposed project has no fire department concems. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. V i 4. POLICE DEPARTMENT 4.1 The Police Department did not submit comments on this application. 5. PARKS DEPARTMENT ~~ ;: ~; 5.1 The Parks Department did not submit comments on this application. 6. SANITARY SERVICES COMPANY 6.1 Sanitary Services Company did not submit comments on this application. . -~4 f: . 7. ADA COUNTY HIGHWAY DISTRICT ~,,.;~ 7.1 ACRD did not submit comments on this application. Exhibit B Page 2 1y 4"~` 4:~ r . . ~ ~ ~ ~ I T r~ id~ ~ ~. { YT t~ ~}; ~ A' l'~ TC~ - w ~ ~ ~ Z ~~ ~~;, r , ` ~~. . ~ ~:; ~~ ~~ P ;+~ 1t{ S ^X~~ Z~ y'4~+~ =.~J,k4 .L:~. 1 Y ~ tl ~a ' k 1C: ~ ~ ~' WI "L a :fi ~~~ ~""~. 'f yi ~~, ) ~ti ~i ~ ~~yi . .~ F ~Y: •,4:i ~.. ' ,: ~ ~ ` ~ ~ ~ T ii'4;F. ~~~~~~. 5 _ Y rya 4 , . ,?~ ' y f3. yF y}, cM ~ t ~. q + -'{; .~~~ 1~ ... ~ ~ ~ n.• ~; ~: • • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 "" C. Required Conditional Use Permit Findings from UDC '~ `6~, The Commission shall base its determination on the Conditional Use Permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the existing site is large enough to accommodate the proposed use and '`~~'s } <,,. meets all current regulations of the O-T zoning district; except for the off-street parkin g requirements (see Section 10, Analysis, for more information) ,;~~~ Off-street pazking is required at the ratio of one space per 500 squaze feet of gross floor azea in traditional neighborhood districts (UDC 11-3C-6). Five off-street parking stalls aze required for °,~ ~` this site. The applicant is unable to comply with this requirement; however, the applicant states ~ ~ that 5 stalls are currently provided adjacent to this site along Main Street and E. Broadway Avenue. ~ ~ ' Staff recommends the Commission rely on Staff's analysis and any oral or written public ' ~~ ' " testimony provided when determining if this site is large enough to accommodate the proposed ;,,~ use. ' 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. >'~Y The Commission finds that the Comprehensive Plan Future Land Use Map designation for this property is Old Town. The property is currently zoned O-T, which complies this designation. The ' proposed use is generally harmonious with the requirements of the UDC (See Sections 8 and 10 above for more information regarding the requirements for this use). 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the e~sting or intended character of the general ~' I vicinity and that such use will not adversely change the essential character of the same area. "'~ The Commission finds that, if the Applicant complies with the conditions outlined in this report, the operation of the proposed use should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Further, Staff believes that the ro osed use will not a p p dversel chan y ge the essential character of the azea . 4. That the proposed use, if it complies with all conditions of the approval imposed, will not ;~~ _, adversely affect other property in the vicinity. The Commission finds that, if the Applicant complies with the conditions outlined in this report, .. the proposed use will not adversely affect other property in the azea. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fu•e protection, drainage structures, refuse disposal, water, and sewer. '. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation aze ;~,~~ currently available to the subject property. Because the business is currently served by the above- mentioned public facilities and services, the Commission finds that the proposed use will continue to be served adequately by those facilities and services previously mentioned. Exhibit C i7 Page 1 ~'~ . ~* ~' ~.~ 6 1.5~~~~ ~1 Y`~ a/~~~ .rS ~ ~S . M .. ~ ,r,..~` ' ~c w l~,yF ~ y'*i ' ,e f ... ~ k~` ~ -,F _~ ~ ",. . ~ ~ ~ ~ ~. ~; . yM ~ ~`^I'~ 4. ` ~~N T ~S tFl . i.K 1 r -y~~ ~. ! t t ~" ~ r ~; ' ~~ ~f , `TS ~v. ~`c4~ ti:. .. }~~ ~ ' }~ ` .,~"j' (..JJY ~, ° ~7 ~ A k 1 )i!'. Y' ~ L ~ ~ r:. r ~I.~ jti ' ~ R ~ { 2 i• 13" ~y~ °r~'. o- i~ `, ~ ~i3 ~~~.., • CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 19, 2007 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the Applicant will be financing any improvements required for development. The Commission fords there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors. Staff recognizes that traffic and noise is a concern; however, Staff does not believe that the amount generated by the proposed new use of the property will be detrimental to any persons, property, or the general welfare of the public. Staff does not anticipate the proposed use will create excessive noise, smoke, fumes, glare, or odors. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic, or historic feature considered to be of major importance. The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. The Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. I :~ :;. '' . Exhibit C Page 2 ;, t{ ~ 'ti , , . ;rx ,. .~ s ~ ~+n ~~ ~ ` ..q. ~: ~ {~y,; ~~ 9: ~ Yl~' ~ t Y. F ~' r~ ;~ x~; r. l'p, - - ~` is-, iS~i ~ .~ ~r~"f ~~E ~w - i '''~~ fM~~ ~~ ~ ~ 3 nS, v ~~~ **~~ " ~ ~ ,7 . ,s: ~~ ~', 3 X-~.~5 ~. ?, y} [ .: { y ri~ ~ ~ ~ ^~ . ~ '' . . i ~ ~ ~{ ~ w =` ~- ~4 ar^c- ~ ~ ~ t ' ~ r 3s w ~;i. in ~ ~ ~ 4 .~ ~ may, ~ ;~~t~i;. p h ~~ ~ l- r:.`. -:4, ~ ~C:,n Lt. ~ V lY' Q' ~ -~ } I .• ~ ' ~ ~ ~) ?f ~' d ~_~ rA ..~.~ ~y~'_ ~:: I~= ~t `'' Y:.:~ =~ jii p .'y,~ ~~ ~;:`~', ~~ _ _. ,: T 4= . ~~ x. . ~, ; a; CJ April 30, 2007 AZ O6-Ob3 MERIDIAN PLANNING 8. ZONING MEETING May 3, 2007 APPLICANT Waltman, LLC ITEM NO. 4 REQUEST Continued Public Hearing from 3/15/07-Annexation and Zoning of 38.68 acres from RUT and R-1 zone to C-G zone for Waltman Property -505, 521, 615 8~ 675 Waltman Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGWWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: See Previous Item Packet /Attached Minutes See Attached Request for Continuance OTW ER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shop becam® property of the City of Me~}dtan. ~.ry yi: }~ y ~- "1 ~ q'~.4Y ~. I w~ f' ~~, E , f ryy.4 o- ~If 4 Y" ' ~++ ` ~ L 4 ~,?~~ w '~' i 4 ~~• ~'A Ya 6~^ is ~ 1 ., ~ F ~, y. .~,~ . Y- ~ 4~a.. ~. ~ ~ .=i sw x ,~. ;'"~~,_ ~+ ~~ i~~', li -r ~~. _ l .. f .4, ~ tG~Y y~r tJ,. 0:.q ~ F Y.-'~ ~f y a.G ;<i~. t ~ F~ ~ ~~ Am s_ ~3~i ._ ~ I~, l~~ ~ ~ ~~ - _' ' i S l~',SY ? _;,jj ~ S,, w~.-.~i2 $'2'.x ~' T ;5 °' ~ , ~ Apf7130, 2007 ~~ AZ 07-001 , ~~ MERIDIAN PLANNING 8~ ZONING MEETING May 3 2007 ~~~ , '~ APPLICANT Pole Creek Properties, Inc. ITEM NO 5 . '` REQUEST Continued Public Hearing from 2/15/07- Annexation and Zoning of 6.84 acres from RUT to an R-4 zone for Belhaven Subdivision - 5230 N. Black Cat Road ~: '` •~. AGENCY COMMENTS ~~3 ~ - `'' ':; CITY CLERK: ~Y `''' CITY ENGINEER: : ` CITY PLANNING DIRECTOR: See Request for Withdrawal - t"'~~- ` CITY ATTORNEY ~: ~ CITY POLICE DEPT: ~ :, ~, CITY FIRE DEPT: ~ ::: CITY BUILDING DEPT: `''' CITY WATER DEPT: s `: CITY SEWER DEPT: ~¢ ~, ;, ' CITY PARKS DEPT: kl =~ ~,~~_', a, ~~~~`'~ MERIDIAN SCHOOL DISTRICT: a SANITARY SERVICES: : 'r -;~. ADA COUNTY HIGHWAY DISTRICT: 1a CENTRAL DISTRICT HEALTH: y•~, NAMPA MERIDIAN IRRIGATION: yF SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: ~s,- OTHER: ~`I Contacted: Date: Phone: ~,:>,, ~ ~, , .~ ; ''-I ,. _ Emailed: Staff Initials: Materials presented at public meetin®s shall become property of the City of Meridian >; .~ ~: `: ~;; ~ ~? I i°¢: ~ ^ 4'y < {~ t ~1 ~F ~ ..... r ~ ' ~~ ~ . dr y ~ } ~3~~1 ~ ~ - it d~ I j` s ' , . is p: ~%tc y 7~ t t~ ~~y, - `~~th~~ ' .~ h. - _r)~~w= t, - ' '4, K,«~ ' p` ` is 3 y'~ w F `, ~i - .jlT., - . or ' t'C e, ' E~:, ~ .....~:~.: fi ~ _ n~ ~' :'. ~ 4 ! ¢+, ,, ~` r 1~~ ' j . ~j~~ ~ ~ ~ k. t~ r 'til:{ `'y '~taa~.r'I " f~ 1 r ~-yz e ~~ a ~. rs~;. ~;~,'si F ~t ' ~' E r {:J. `'t~; i ~~~ ~. -- ~~, ~. ~~ i ~r ~~_~ ~::` f, J April 30, 2007 PP 07-001 MERIDIAN PLANNING 8~ ZONING MEETING May 3, 2007 APPLICANT Pole Creek Properties, Inc. ITEM NO. 6 REQUEST Contin4ed Public Hearing from 2/15/07 - Pregminary Plat approval of 22 single-family residential building lots and 5 common / o#her lots on 6.84 acres in a proposed R-4 zone for Belhaven Subdivision - 5230 N. Black Cat Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff initials: Materials presented at public meetings shall become properly of the City of Meddlan. I~~ x ~' t '~ :. R'CN' ~,. ~~}~p S~~ S~ ie y TC (+(+'~'~{~ V wl .'. I y }i'• ~ T hit 34 ' 1 ~ ' ~ 4 rj~-. i 4 5 ~4 i . ~'. °3 ~ .it:: L' , 'h . S - ~ ~ ~ r-.w~2: .~y v t~ ,yQvt"F Y3=. '~~ ~. ~. ~ y ., . r~L :~ 's 5 . ~"ks l~`-`,~, ~~~c f N~ I: XYi .. '?'. I _ .Yi'~Mif ~~ ~...~~ .. ~ ~ ~ , t , ''s~~i '..~ ! `i. ~fi~ L ~~ tti ~kF l~f, ~~ ~ a:.. ~r + aa+ z: ~~ ~' t ~ ~~ ; - ~, . ~ ;: See AZ Packet -Request for Withdrawal K s ~.o. ~~.: $,i ,. .'~;i _'.,11 v April 30, 2007 PFP 07-001 MERIDIAN PLANNING 8~ ZONING MEETING May 3, 2007 APPLICANT Walker Homes, InC. ITEM NO. 7 REQUEST Continued Public Hearing from 4/19/07- Preliminary /Final Plat approval to to subdivide Lot 13, Block 3 of Vallin Courts Subdivision to create two (2J new lots for for Benewah - 2673 North Ridgebury Avenue AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY WIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: .SETTLERS' IRRIGATION: IDAHO POWER: See Previous Item Packet /Attached Minutes See Attached Staff Report No Comment °<:~ INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~: ~. v' ~~p ~ ``anfi_'~ P f t r `~' n i^ ~.. ' j +~ ~94 y~~.i~ TG~ _ i.,'e., AI tl;~Ff. ~'.1 ~ ~i'I LM~:. ~1-",J1 ~~T~ t~1 • 5j;! ~ f~~ ~ ~~ ~~ ~ ' 4 , •,;~~ ; t_ C ~ N -. '7,i ~ ~ r0.: v W t.. S1 H ~ ~ wq} V~ ?,5, ~, r ` .. ~ .'4i . t _ }, ~ ~~ ' ~,' ~ t t t,~ ~GKV~i. : :~ ~ $. t .,;~~ , ~, .k~ `~ + 2 ~~ f ~._ i ~~' ~ ~~~ 1' ~ ~~ 1~ i ~ r5r 4 1 _ .,:.~ J~: • April 30, 2007 AZ 07-005 "~' ~ MERIDIAN PLANNING i3< ZONING MEETING Nl4y 3, 2007 ~i APPLICANT Thomas & JoAnn Pfost ITEM NO. $ REQUEST Public Hearing -Annexation and Zoning of 1.46 acres from RUT to an R-4 zone for the property located at 1205 W. Overland Road for Pfost Property - ;~„ 1205 W. Overland Road AGENCY COMMENTS ;,:: a; ;~~~; sy~ ,~ :~I >4~ .^ k~ ~- yt 'a, ,t :. CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: $e@ A1'h7Clled Staff RepOrl' CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITAhY SERVICES: ADA COUNTY HIGHWAY DISTRICT: See Attached Comments CENTRAL DISTRICT HEALTH: No Comment NAMPA MERIDIAN IRRIGATION: No Comment SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See Afftdwit of Sign Postin Contacted: Date: Phone: Emailed: Staff Initials: Materials present®d at publk m®eflngs shall become property o~ the Cityr of Meridian. 1 k ~i: .~ ~~_ t q.. „ ,, 'W ~. a ,1 ~y, I. 7~'a~''r ' Y 4:.- n1~- K 'v BJ ~ iii ;.i,~ . t 3 yy+~1' - ~ * '~i y~ 4 r ~:t u s ~; ~i ~ J 21 ~~ a ~.~~~ ~ _ e ~ ~ f,~~'. ~~ ~~, Y~ .. t 4 wyi k k r, i ~ + n~ ~~ ~"~~, ~~ ~_ 4s:.,r; - ~~~ ~sr . ~ ~ b 1 . ~ ~. ~ ~ ' ~"vn {{ r~~ ~ y d~R.fB}+ ti y ' ~~ .. ,S 3 B ~- ~ ~E ~~ ';;;F~, .K, s;'c ~~ ~. ,. wt -s ~:~`~ z~ 4 . ~:`;~, April 30, 2007 CUP 07-006 MERIDIAN PLANNING 8~ ZONING MEETING naQy 3, 2007 APPLICANT Fctlash 8~ Rass Construction ITEM NO. 9 REQUEST Public Hearing -Conditional Use Permit for the operation of an animal care facility in an L-O zone for Liddell Veterinary Clinic - 23~ W. Everest Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: See Attached Staff Report No Comment See Attached Comments See Attached Comments No Comment INTERMOUNTAIN GAS: OTHER: See Affidavit of Slgn Posting /See ITD Comments i °r~: Contacted: Date: Phone: •. R ; Emailed: Staff Initials: ~' Matedais presented at public meeflngs shall become prope-iy of the City of Meddlan. ~- ^awww~~+; ' ; ; «::~: ~~~: ~~ ~~ r ~~ kx ~QI. 5 L: '.'d[~ ~', $~ ' ~, ~' K+ ~ a . j +~ 4~,~ . ~ ~•..: :~" ~ . ~ ,': y~. ~ `",~ ;i ~~` ~d ' . - ,. ~ ~~~} ~~ ~ ww E .,vdwF' ~~ / .1y'~s;; ~i, `tY. x. ~ x._ ~~s` r L ~`7~ 3 fi ' F !'%. ~~ it SG~=~' t ~~.: ~ ~ ri'r ,b ~ I 'F }.~ }~ 1'~'jr..' S Fi ~y r ~~ Y . t ~ r ! ~„ ~~ ~ : r 1 ' ~y,':.,r: ~,i:r3ti. ~tt~ . ~ ~.i . . ~ -~ k << c v~ i,~'i ~ . ~~~:. ~ d x.~'~ ~ x ,~, =~, `' a,, ,~.;ti~~ r ~_ _ ,-~! %."ti~T~~ ,.,: April 30, 2007 AZ 07-004 MERIDIAN PLANNING 8~ ZONING MEETING MCty 3, 2007 APPLICANT Ruby/Edwards: Architecture + Design REM NO. 1 ~ REQUEST Public Hearing -Annexation and Zoning of 2.48 acres from RUT to an L-O zone for Locust Grove Professional Office Building - 1695 S. Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: See Attached Staff Report CITY ATTORNEY CffY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: . CITY WATER DEPT: CITY SEWER DEPT: No Comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: No Comment NAMPA MERIDIAN IRRIGATION: No Comment SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See Affidavit O# Si n Posting Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meeflngs shall become property of the CHy of Meridian. ;~ . ~~~F j s'~ r " f r~i .t ^h' ~` ~ , _ ; s ~ E ~ ~ ~ ~., ;'• '~ t ~ # ~ 4 ~:i iti - ? 1~- K ./` . ~~ .. F{,..Y :. hA 2 ~ 4. ~ Y~i 't w ~ ~F ~~'~I ~~ i ` . ~~i .... iid~ ~~ w M1 i Y4 ~1. ~f a i Sti r, ~° ,. `v~ 3; 6 ~ a~~ ,+t, „t d-~. P:Ski,. ~ 4th a ++YY ~ ~ ~ wii ~ ./~ ,~ M. F t~T 1 ~ ~1 . +.~ ~ ~~+y .irk,-`~~.~.. i i d ` ~~ ,.,~ ~ , ,~, am. ~, ~ ~~ !~"' y $. '~, fir: ~. ~ • April 30, 2007 RZ 07-008 MERIDIAN PLANNING 8~ ZONING MEETING -way 3, 2007 ~r . ' APPLICANT Richard Brown & Roy Brown ITEM NO. ~ 1 '~ s REQUEST Public Hearing -Rezone of approximately 4 acres from a C-N zone to a C-C zone for Lots 1 - 5, Block 1 of the Comer of Vineyards Subdivision for Cherry Wood ~ :" T,, ~ Village - SWC of Cherry Lane and Linder Road ~' ' ~ AGENCY COMMENTS ,; CITY CLERK: ~: ` CITY ENGINEER: {;,: CITY PLANNING DIRECTOR: See Attached Staff Report CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: '~~ • CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No Comment '~ CITY PARKS DEPT: J MERIDIAN SCHOOL DISTRICT: ~k~~ SANITARY SERVICES: ~:: ~. ADA COUNTY HIGHWAY DISTRICT: See Attached Comments ;; '`''' CENTRAL DISTRICT HEALTH: See Attached. Comments '~~~, NAMPA MERIDIAN IRRIGATION: No Com e ,~ m nt SETTLERS' IRRIGATION: ~~~~~~ IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See Affidavit of Sign Postin®/Lelfer+,y Momeown®rs/ Letter by David Crandpll/Letter by Hal Degrange '`~ Contacted: Date: Phone: Emaiied: Staff Initials: Materials presented at public meetings shah become prcpeMy of the City of Meridian. ~~'~ ' 'fit t t ' ~` . ~ yya: gg~ ~ h1 1F ~' .. ink : d. - ~.~ y ~ Y ~f4~ ` jR.] n Y-~ ;!t ," ~' ~1` . ~~ y~Ptl ~ :. tqP x_ {~,~ 1 ,~ .,tea ~ .. te- "}.: -~ ' ' u'{-P`~ ~ ~ . k Y> tZA 1 M, .. t Q ~ A . .. ~M 7 , q: ~, ~ -:tir ~ d~3p,J.. f ~~sti r.. ~ - - , u ~,~ , .l'h ,. r v i'~~ fJ ~~ , ~ ~ i7i °i tt'z a i Kj vJSq, ~ ~ ~ ~ %f fr x i'}s- ;, M iv~~ ' ,.r ~ _ ,ti R~, dn:.. _-... ~. - _ ._ .._ ~ t~( i ~ ~_. • j..- April 30, 2007 ,: CUP 07-007 MERIDIAN PLANNING & ZONING MEETING May 3, 2007 '' r . APPLICANT Richard Brown & Roy Brown ITEM NO. ~ Z ,, REQUEST Public Hearing -Conditional Use Permit to allow retail sale and service of r~. ~ a motor scooters within the C-C zoning district on Lot 3, Block 1, Comer of Vineyards ` ~. Subdivision for Cherry Wood Villages - SWC of Cherry Lane and Linder Road } ~' ~~~ ~,~ AGENCY COMMENTS ~; ,~`; ~~ -~-_ ~`r`~`` CITY CLERK: Se@ RZ Packet CITY ENGINEER: r`:~> w t; CITY PLANNING DIRECTOR: 'g ~ ~ `~ ~~ ~~ ,~;;;, CITY ATTORNEY ;. ~ ~;:,:~ CITY POLICE DEPT: ~F :-: -; ''~_.`~ CITY FIRE DEPT: CITY BUILDING DEPT: 7 `: , CITY WATER DEPT: ~~~ ~ CITY SEWER DEPT: "'". CITY PARKS DEPT: "' ' MERIDIAN SCHOOL DISTRICT: ~; ~? _' SANITARY SERVICES: a ADA COUNTY HIGHWAY DISTRICT: ~~tF`i CENTRAL DISTRICT HEALTH: ~.- NAMPA MERIDIAN IRRIGATION: SETTLERS° IRRIGATION: Ea " IDAHO POWER: :> . y INTERMOUNTAIN GAS: ~`,'°i+ OTHER: -;:; °"_ ~ Contacted: Date: Phone: Emailed: Staff Initials: Y~' Materials presented at public meet(ngs shall becam®properfy of th® CHy of Merrdlan. R., i - , ' ~ Gx ~,,:au~~ ,±-~i y, ~; s '! ~~ s' i ~.e: ., x~ rr.t ~9 r ~` :~`~ ,` a,~ , ~:~.. ' ~n ~b ~;, ~ 7?'y~'~. , Yi r ~ '~~ f '' c ~ ' s,'>i ~ ~' - Y ~ . .~ ~ r a~ ~h •~ v4~_ ~ ~'~ xi;?; ' .~ ' i $ 3 a`'~ ~`. E aR t :iii _ ti ~1~1 4~n5 ~ ~. ~ ~ t ~;, c i,ti F. '~' '~ F1 " , 4H v Y ir: ~ I. }'f A. ' ~ ~~ n4 y z!: l.~ . r `+~~5 .. . . .~Nf, A ~~ ~ 1 ~~ ~ yp~~555 `~ IiO~{ ' ~t %s „~~ ;':' ~N ti;: '~+ ~.~ ~i ~:~ }~ • April 30, 2007 PP 07-009 MERIDIAN PLANNING 8~ ZONING MEETING MCiy 3, 2007 APPLICANT TOUChmark of the Treasure Valley, LLC REM NO. ~ REQUEST Public Hearing -Preliminary Plat approval of 52 residential lots, 2 office/ commercial lots 8~ 10 common lots on 19.80 acres in an L-O zone for Meadowlake Village North -SEC of Franklin Road and Touchmark Way AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT; SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: Se+~ AAemo Request for Continuance No Comment See Attached Comments See Attached Comments See Attached Comments See AfRdt>IVit of Sign Posting Date: Phone: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. ;1 ~.< , ; . ~,~ .~ ,~ ~'+ ~~:~~ DiY ~' . '~Al '~.,s~~,, µ icy iS ~ G~i,i1S1 ~ZN k~~•4 ~ } Tk: ...N~;A 1:~ ~~~ f , - A ~~ r ~&' ti-~•E ~ f~ ~Y } ~ ~~' ~w&~ ~ ~dRta~.'~ - & t -C,;.4.: ~dY.rY<,1a1 ~. ~~te r ~, ~".iMi 4' :~y~t .F ~j ~ i .ijr~,. ~~r ~ ~',, ~- ~~ Y ~ ; ~= i'SY.+~ . ~ ~. ' ~ of ~11ih1'i ~~ ~ , ~ ~, . .8 -F~ . 1.. I iii -~ ~ e•~~k F~ - ...~ fi. ~ 2:~,tt-,. . 'jC~`2 j.. I t ~, ~ x T 1 A'8 T; ^,~ A K'~ ; ~x~r E ^~ .` ~ ~i ~~~ . v - ~ mss. "„. ,~ ~. ~, ~r`. T fHt:.. k°. ._T: _- '.1 jt~ -'.~ r~ ~, A,. a Initials. Materials presented at public meelinps shall become prop®rly of fhe Clly of Meridian. ~~` T ~.;, . , j~ P ; <~'~ j . '~' ,, , ~ ` ` ~~ ~ f: , LF`~ ..t ~I~i. ~ ..~vi iK ~t~ .VY ~rl ~~ ~ ,, ~iM ~~.~ ~w:n~ '~ L . ~ i~ , t , .f l 'Y'~ ~{`~1. ~ Y'' y ~S{S ~~~K~ .'1µ r~,~r:. ~- . . , ~y ~ ~1 Y yl it iflC' J.fl} t{t `~ ~~.' Y j°I µ A y ~ ~ ~~. ~ ' - ` , ~ .;, + j .! ~ :P~. r-f„~~,. tt, . 4y a y f. ~~ F~4A`~ ??Fiyypp 7 . ~{ ~ ''~ f9r'~. wt , ~t~ ~ 4k n LJ April 30, 2007 CUP 07-008 MERIDIAN PLANNING s~ ZONING MEETING May 3, 2007 APPLICANT Touchmark of the Treasure Valley, LLC ITEM NO. ~4 REQUEST Public Hearing -Conditional Use Permit approval to create 52 residential lots, 2 ofi'ice/commercial lots and 10 common lots in an L-O zone for Meadowlake Village North -SEC of Franklin Road and Touchmark Way AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: St ff ' See PP Packet