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1989 10-10 A G E N D A MERIDIAN PLANNING & ZONING OCTOBER 10, 1989 ITEM: NIINtPPES OF THE PREVIOUS MEETING HELD SF~ 12, 1989: (APPROVID) 1: PUBLIC HEARING: P7zFi•TMTniARY PLAT ON CLEARMONT FAIR SUBDIVISION: (REC~M7IIVDID APPROVAL) 2: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT BY AMYX FAMILY LTD & PERTER COVINO,JR. FOR RECREATIONAL FACILITY AT 27 EAST BROADWAY: (FIIdF3ING5,T0 BE PREPARID) 3: DISCUSSION & REVIEW OF PENDING ANIENDNIE[VTS TO THE ZONING & DEVELOPMENT ORDINANCE: (APPROVED) MERIDIAN PLANNING & ZONING OCTOBER 10, 1989 Rec~ilar Meeting of the Meridian Planning & Zoning Commission called to order by Chairman Jim Johnson at 7:30 p.m.: Members Present: Moe Alidjani, Charlie Rountree, Tim Hepper: Members Absent: Jim Shearer: Others Present: Les Folwell, Chester McPherson, John & Judy Beaudoin, Richard Breinbolt, Willard Rowley, Julie Parker, Wayne Crookston, Peter Covino, Jr., Vern Alleman The Motion was made by Rountree and seconded by Hepper to approve the Minutes of the previous Meeting held Sept~iber 12, 1989 as written: Motion Carried: All Yea: Itan #1: Public Hearing; Preliminary Plat on Clearmont Fair Subdivision: Chairn~l Johnson: Is there a representative of this request present, if so would you cane forward and state your name and be sworn. Julie Parker, 10900 Goldenrod, Boise, Parker was sworn by the City Attorney: Parker: We are proposing a 31 lot residential subdivision, the hares would be ranging fran $70,000 uixaard to about $90,000, all the here would be 1300 square foot or larger, we are planning on central sewer & water to serve this develognent. Rountree: Did you address the caiments fran the City Engineer? Parker: Yes we have and we have a revised copy of the plat here that reflects those crnmients, Parker presented this to the Ca:umission. Rountree: Have you officially withdrawn your request for a Conditional Use Permit? Parker: Yes, we have we are not wanting to develop a duplex lot: Hepper: You have reviewed all the cacments fran the other agencies? Parker: Yes we have and we have no problems with any of those: Chairman Johnson: For the record cae want to acknowledge that you have withdrawn the Conditional Use Application for a duplex on lot 1: Parker That is correct: City Attorney: The City has recently passed an Ordinance requiring pressurized irrigation systems, have you addressed that or thought anything about that? Parker: We can look into that, we have irrigation out front but there may not be enough water that we would not have to drill a well in order to provide that, I would like to see what the requirements are prior to seeing how much it would cost and how effective it would be to install a pressurized system City Attorney: I just wanted you to be aware that this was passed. Chariman Johnson: If there are no further questions of the Canmi.ssion, I will naa open MERIDIAN PLANNING & ZONIN~ • OCIbBER 10, 1989 PAGE # 2 the Public Hearing, is there anyone in the audience who wishes to testify on this matter? Vern Allanan, 101 Fast Ustick Road, Apeman was sworn by the City aTtorney: Allman: My concern would be the irrigation system .:and the reason I am concerned is that I have ran into some problans as to whereby I have been the one that is beyond the new subdivision and I wonder how they are addressing this problan as the people beyond the subdivision have the people in the subdivision just going in and taking the water whenever they wish. There needs to be a definate turnout for the subdivision with a measuring device so they cannot take the water that should be flowing on to the people beyond the subdivision. There was discussion on this item: Chairman Johnson: Is there anyone else from the Public who wishes to conment on this application, there was no response the Public Hearing was closed. any comments or questions of the Ca~mission? Alidjani: What would you think about Mr. Allanans concerns about having sane control over who is using the water, what are your plans regarding irrigation water? Parker: The one we have canpleted before had boxes where they had to take the water out of the lateral. The Motion was made by Hepper and seconded by Rountree that the Meridian Planning & Zoning Carntission hereby recommends that the City Council approve the Preliminary Plat on Clearmont Fair Subdivision with the recatcnendation that the City Council look into the possibility of having a separate headgate for the down stream users on the irrigation lateral with a measuring device. Motion Carried: All Yea: Itan #2: Public Hearing: Request for Conditional Use Permit by Amyx Family LTD & Peter Covino, JR. for Recreation Facility at 27 East Broadway: Chairman Johnson: Is there a respresentative present, if so please ccnie forward, state your name and be sworn by the City Attorney: Peter Covino,Jr. 4260 Venture Circle, Meridian, Covino was sworn by the City Attorney: Covino: I am going to give the Commission Members a small handout that describes this type of game, this describes the concept of the game, this game has been around since the late seventies, the guns thanselves were invented by surveyors, the gun itself is a bb gun, it uses a cot cartridge just like any bb gun you buy at any store, the difference is the barren is large and the projectile is large also, a little bit larger than a regular marble, it is soft it is full of paint, a water solvable paint that washes out of your clothes, the object is when it hits you it breaks and you are marked, score statistics people might be aware of, since in this area it is not to well known,it is played currently in your city and in the parks and around the foothills by a number of people who use it just as it was designed and the way it is designed it is the old game that Boy Scouts and CUb Scouts play called capture the flag, except here instead of tagging them or catching than they shoot than with the paint pistol instead. The association that is connected with this. releases and helps put together various magazines that are quite popular, there is even an official rule book that was put out back in 1981 on how to play the game. A couple more statistics, there are many people who have sane ideas about this being a very violent type of game and portraying same very negative things, just MERIDLAN PLANNING & ZONIN~ • OCTOBER 10, 1989 PAGE # 3 because score fanatics do sane things and it makes everybody else look bad it isn't the case, the statistics fran the insurance canpanies that regulate and pay for accidents have a rating of the injury statistics for various events, this team game and it is a team game has the lowest statistic for injuries in the past ten years it has been out, such things as archery, baaling& boating have the other lowest rating, other sports which are considered by many to be much more violent and have a higher rate of accidents are such things as baseball, b~c~cleing, fishing, golfing, handball, ice skating, snow sking etc.: I am going to pass out this paper that shwas the various ratings, This particular game has the lowest rating of all sports. This does not have to be anything you would consider violent in any form, it is actually a very exilarting game and it is a team activity, primarily you get a few groups of people that cane in or they cane in one after the other and you put one color helmet on one and another color on the other and they go out and play capture the flag, inside the old creamery we are going to devise like a few little trees and caves and things to shoot around and hide behind and the creamery itself is quite a catacomb so it should be quite a bit of fun with various levels of play higher & lacer, three stories high in the middle. We hope to promote such things as the basketball, baseball & football teams at the high school to cane and compete also, one team against the other just like they do on the field. We will provide for all players, as an absolute must of course, proper protective gear for the eyes and the head, the law requires it to be eye goggles, we are also requiring it to be a canplete head mask and a facial front cover. so the entire head is covered and we will offer people optional vests. The balls at close range will put a little sting on you, you will knew that you have been shot or hit or marked but no~one has been hurt seriously based on the statistics that the insurance canpanies rate. A point of interest the rates of insurance are as law as you can get for a recreation sport. To give you an example, roller skating rinks have to spend 25,000 a year on insurance, we pay $1,500.00 per year so they do not consider this a sport that you get hurt in very easily or very often. Alidjani: Counselor, on several occasions Mr. Covino and me, in the past he showed sane interest and we have talked verbally regarding him being interested in the old school that I own, would I be in conflict of interest? Counselor: As long as you do not have any interest in the building or the business, you would not have any conflict. Alidjani: Mr. Covino, have you seen the recamiendation? Covino: We have no problems with the recommendations, I met with the Fire Marshall, the Plwnbing Inspector, Electrical Inspector and the Building Inspector this morning, the four of than came over and we walked through the building they expressed the things they thought needed to be done and we have no problem with any of then, we plan to meet more than they are requiring of in way of regulations, all the exits will be marked with proper fire break doors and fire alarnis primarily so we can catch anybody that wants to run out with our equignent,the Highway 'IJepartment and so forth require that the street be paved, it is and all these kinds of things, we have no problem meeting all the requirecients that were listed and we will be working with the Building Inspector on any future things that we are doing in there. Primarily the building is solid concrete except for a few roofs which are made out of very solid wood but for the most part it is all steel and concrete sane of the walls are a foot thick. Johnson: Did you actually see written reccamendations from the Departments? Covino: No, they visited today and we have none except what they initially wrote da~+n, the Electrical Inspector said that the current service is according to code, we do have to pull out the old wiring in the building before we can run our new wiring franthe service which is again no problem, plimibing and sewer system have to be brought in and we have already made plans for that, so we do not have problems with any of the MERIDLAN PLANNING & ZONIN~ • OC'T'OBER 10, 1989 PAGE #4 reca~miendations . City Clerk: Bringing everything up to code? Covino: For the most part except for the plumbing everthing is up to code. Johnson: Let me just review a couple of itens, the Building Inspector were not lengthy he review to tcro codes regarding exit doors, stairways and also regarding fire extinguish- ing system. Covino: No problan: Johnson: If the building can conform with the above mentioned codes he does not have a problan, the Electrical Inspector, all existing panels, raceways and old wiring will have to be removed. Covino: No Problem: Johnson: All new wiring will be in raceways according to the Electrical Code, must have a qualified electrician licensed with the City of Meridian do the work, must have adguate lighting on the outside of the building. Covino: Let me ask a question on that, currently there are street arc lights in the alley behind and in front of the building will that be sufficient or are you asking for me to shine the building also? Johnson: I do not know~ighting is over there at this point, that is sanething we would have to investigate. Covino: Currently there is lights in front and in back and certainly if they want more lights we could do it but I do not know that it needs; more. Johnson: The Pltmibing Inspector made recamiendations to Mr. Covino based on his statement as to what portions of the building he was going to occupy and that his proposed occupancy shall not exceed twenty five persons at any one time. Do you have any problans with that? Covino: we would like to see twenty people at a time cane in but on a rare occasion there might be more but most often there will be less, we expect an average o£ ten people at any one time in there plus one or two employees. Johnson: He goes on to say there will be two restroans, one male, one female. Covino: We do have those and he added that we had to have a janitor lavatory which we will put in. We said ok to all the conditions he had. We plan to cronfoxm`to than. City Attorney: The Fire Departments canments state the building needs to be brought up codes and Ordinances of the City of Meridian which is quite a broad statenent. Covino: I looked at the inspectors book by going down town and visiting with Arlen 9nith, who does this same thing for the City of Boise and uses the same book and is a little more familiar with the Building Code and Fire Code than perhaps local people and he explained and showed me the verse and paragraphs of what we are going to need to do, keep in mind that since this building is under 24,000 square feet that is within the limits of not having to have a fire sprinkler systan, haaever certain fire doors will be necessary and fire extinguishers, fire exits d so forth. There are a couple of sections where we will be partioning fran Jay's section~f the building to my section of the building, we are going MERIDIAN PLANNING & ZONIN~ • OCTOBER 10, 1988 PAGE # 5 to put fire walls in there even though they are not required. So I believe we are going to bring it up to all fire specifications but off the top of his head he mentioned he thought it all have a fire sprinkler system but when it canes dawn to n,nn;ng that dawn one way or the other, I believe that we can show through the building code that is not a requiranent. City Attorney: This is one thing I wanted to get into because the Building Inspector cam~its is need Chapter 38 of the Uniform Building Cade regarding fire extinguishing systems, I do not know if that requires fire sprinklers. Covino: We will bring it up to the code as he see it but we may point out that sane other people see it otherwise in case you are wondering why for sane reason fire sprinkler systems are incredibly expensive, to sprinkle the section of the building we want to use would cane to $40,000.00. Considering that the walls are solid one foot of concrete and brick and for the most part the ceilings are solid concrete also over afoot thick with steel girelers around them, there is only one roof that is wooden and it is off to the side of everything else and it can be protected through a electric fire door in case of a roof or ceiling fire and we would be willing if the code said so to do sanething about that, perhaps put in a fire wall on the ceiling rather than a sprinkler system but never the less we will conform to whatever we end up deciding on that and by that I mean I believe that when we sit down with the code and shag sane thing maybe that he has over- looked referring to sane other special activities under zoning B-2 we are permitted to have a larger size area than what that actually is. City Attorney: What portion of the building are you actually talking about using? Covino: The left side of the building as you face it has brick on it, we are using the brick part and about half of the white side of the building, upstairs there are two large roans and then there are a bunch of offices and bathrooms, we are not using the offices and bathroans, we will have a fire door for fire exit out that way also outside the back up stairs there will be afire escape with a fire door on it. On the downstairs we are not using the back half of the entire part it is being blocked off and Jay is keeping his cars back in there. Another caiment that was made is there are lots of car parts in there but we are moving all those out and there are no combustibles in there unless you want to count the old grease on sane of those cars, those are all being moved out. City Attorney: What about the rest of the premises is Mr. Amyx going to continue to use that in the fashion he has in the past? Covino: The right side of the building and the rear of all the buildings and the back half of the building are still going to have his junk yard in it , yes. He is building a fire wall between him and myself. Hepper: You say the occupancy will be between ten & twenty people? Covino: The average rnmiber of people that play this statistically across the country in larger populated areas are between ten & twenty people at one time, being we have a less population base we expect that if we get twenty people at any one time we are going to be doing real good. Hepper: What will your hours be? Covino: During the school year we will open up at 3:00 O'clock in the afternoon perhaps four and we will close at ten o'clock at night on weekends and during the sLUmler we will stay open until ten or eleven, we will always be closed on Sunday, in the suamer we may MERIDIAN PLANNING & ZONIN~ OCTOBER 10, 1989 PAGE # 6 • open at ten or maybe noon depending on the demand we could stay open as late as twelve on Saturday in the sLnrmer. Hepper: Do you feel Meridian by itself would be capable of supporting this? Covino: No, we are going to try and draw from the entire valley, it should bring sane business to Meridian. Johnson: Do you plan on serving any food? Covino: We will probably have like a coke machine and a candy machine, sane vending machines that is what we plan at this time if we decide to do sanething like hot dogs or anythhig more extensive we realize that we will have to go through Central District Health and get approval. Alidjani: When people cane in are they going on special timing? Covino: Not necessarily it is a rotation system situation in other words everybody that canes in, if you came in with your buddy and wanted to be on the same team fine you have two people on that team, the next person canes in by himself he goes on the other team and we just alternate as they come in. We have several different games we plan to play, one of then is the team game, where they can either cane in as a team, we are going to develop leagues and teams try to get the police department and the fire departments involved in it, we have had interest fran different groups like that, as individuals we plan to do a thing called a treasure quest where you make a physical treasure hunt. City Attorney: The application is by both you and Mr. Amyx, what is the business relationship going to be? Covino: He is the landlord, the reason for that is the City Clerk said I had to do the paperwork that way. Roundtree: How many square feet are you going to occupy in the old building? Covino: We are not sure, I haven't measured it, it is sanewhere between twenty and thirty thousand square feet as near as we can tell. Rountree: Where do you propose to handle the parking for that much square footage? Covino: First off, there is Barking on the front street, Broadway as parking all the way up and down, public parking on the street, behind the building is a thirty foot alley the requirements are for twenty feet so we can park a raa of cars behind the building, but behind the building there is a full parking lot there are over a hundred parking spaces back there and considering most of the people cane in pairs or more we probably won't need more than ten parking spaces anyway. We have agreed on that I can use the large parking area in back if needed. In all honesty unless you police the area, people are not going to park back there , they are going to park right in front of the building or they will park across the street in the bank parking lot. Rountree: You have spoken to the concessions food type, do you plan on marketing any of the guns and etc.? Covino: Yes, we plan to sell those guns. Rountree: Is there a proliferation of vandalism and so forth associated with those being out in the catmiuiity? MERIDIAN PLANNING & ZONIN~ • OCPDBER 10, 1989 PAGE # 7 Covino: Those same guns are sold at Fred Meyers, they are sold at the Mall, they are sold at every single gun store, Army Navy Stores and several other retail store around town. I have no information of any vandalism in any of those place because of these guns. The guns will be under lock & key inside the building. Keep in mind we do have statistics to go by in the ten year history of this type of business there has not only not been any vandalism at these places; there have been no robberies. Alidjani: Charlie, I have noticed that even Intermountain Arms sells than. Rountree: You have indicated that it is going to be an adult only type of activity, how are you going to enforce it? Covino: We will have to see ID, there is no question about this, this has to do with sane of the gun regulations, if you are eighteen or older you can cane in, if you are 12-14, 14-16, those age groups have to one in with parents only and they can only cane in certain hours with their own age group and if they cane in with saneone who is older they will still have to have a written ,notorized release. We are out for the safety effect here, we are not just trying to have people go in there and shoot the place up. Rountree: In your application you mentioned a target range? Covino: These would be for the paint guns, if a person wants to rent a guns and they want to try it out so we will have a small target range where they can do this. Johnson: With respect to these ACHD recaanendations, under site specific requirements. Covino: Those look like general requirements and I believe we have met than already. Johnson: It say provide curb, gutter and five foot sidewalk and match paving on Broadway abutting parcel. Covino: It is all paved and the sidewalk is thirty feet instead of five feet. City Clerk: They are talking about sidewalk along Broadway along the front of the building. Covino: The entire front of the building is elevated as a sidewalk 30 feet wide. Johnson: It is a loading dock. Covino: No, it is not a loading dock, there are no bays there for anybody to load anything. City Clerk: I do not think it could be classified as a sidewalk, could it Counselor? Counselor: I doubt it: Covino: I do not know what else it could be classified as but whatever the case is, cae would go to to the Highway Department and bring than there-and get approval for what is there. To pour sane more concrete on top of the concrete there to make an elevated sidewalk above the existing concrete. There was discussion on whether this was in front of the existing elevat~l concrete or not. Covino: What we would do is go to the Highway Department and you can make this on the condition of them approving it or we can pour a sidewalk on top of it for people to trip over. Johnson: I think we would have to in this case make that a condition. Covino: We do not have a problem with that. I have met with the people they do not have a MERIDIAN PLANNING & ZONIN~ • OCTOBER 10, 1989 PAGE # 8 problen with it but we need to get that in writing. Chairman Johnson: Are there any other questions of Mr. Covino, there was no response, I will now open the Public Hearing, is there anyone in the audience who wishes to testify on this application? Richard Breinhold, 1976 Star Lane, Meridian, Breinhold was sworn by the City attorney: Breinhold: I came tonite to put up sane real concern I have as a resident of Meridian, about this type of a business caning into the town, the gentleman who is proposing this project has gone to great extent to show hdw safe it is and I do not have any problem with that I also think he has gone to great extent to make it a creditable business and I would support that, I am all for business caning into Meridian, I do however have sane serious reservations about this business caning into Meridian it is a well known fact that violence on television as it is watched and repeated time & time again increases the incidents of violence in the people who watch it and in my opinion the business here which is an actual game of taking a play gun and physically shooting another individual is one step further beyond the visualation of violence it is the actual act of shooting a weapon at a person even though it is safe, I don't question that at all, it becanes a repeated habitual act that people pratice and that violence will becane increasingly more ca~mon in their personal lives and I am all but sure that this will create a long term negative effect on the crime in the City of Meridian and the surrounding area. As a citizen of the community I would have to put a strong recacrtnendation against this business being recannended into our caimunity. John Beaudoin, 713 Meridian Street, Beaudoin was sworn by the City Attorney: Beaudion: The concern I have, I live across the street and when the fire department is out there, they have a fire or something they park in front of my house, I have a neighbor that has an eye glass business and there is a lot of parking therq and that is the main thing I am concerned about, if they are going to bring this business in they are going to have a lot more people parking over there and loitering around, he says ten to twenty people and he says like the football & basketball teams getting than involved there is going to be a lot more than ten or twenty people. Sears to me they ought to put something of this nature out in the field somewhere instead of so close in tcxm. That is a loading dock out there that is not a sidewalk out in front. You would have to step up two feet to get on it. Willard Rawley, 1221 West 4th, Meridian, Rowely was sworn by the City Attorney: Raaley: I avn the property across the street fro m this planned game that they have, I know that a lot of good people will be playing there but it is also going to bring another element and I do not appreciate the type of sane of these people that will do damage to property around there. I own the building there at 603 Meridian Street aril it isn't a new building by a long ways but there is a lot of damage that can be done to it by just playing around, I also own that vacant lot and I do not care to have then parking there because I do not want to clean the mess up aftenaard.I appreciate the testimony of Mr. Breinhold here, he brought out many points that I was going to bring out , so I am not going to take up your tip. Chairman Johnson: Anyone else from the Public who wishes to testify on this application? There was no response, the Public Hearing was closed. Any discussion or questions of the Cannission? There were none. The Motion was made by Rountree and seconded by Hepper to have the City Attorney prepare Findings of Fact and Conclusions of Law on this request: Motion Carried: All Yea: MERIDIAN PLANNING & ZONINC# • OCTOBER 10, 1989 PAGE # 9 It was the consensus of the Carmission to not make a recommendation at this time. Item #3: Discussion & Review of Pending Amenclnents to the Zoning & Development Ordinance: Cha;,,nn Johnson: Sane of these amendments are housekeeping and sane of then are things we need to do to bring our Ordinances up to date.I will let the City Attorney recap these for the Camtissions benefit. City Attorney: First Item is having to do with fences and variances, #2. has to do with garages, #3. has to do with livestock & poultry in the City Limits; #4: pertains to bulk & coverage controls: #5& 6: deal with parking: #7 & 8: pertain to Building & Occupancy Permit: #10: Pertain to the Pressurized Irrigation Systen: #9: pertains to 80 foot rightaway on all Section Line Roads: The other thing that was brought up was to change the definition of a kennel. The Motion was made by Rountree and seconded by Hepper to add the kennel provision and definiton to the petition to amend the zoning & development Ordinances: Notion Carried: All Yea: The Notion was made by Rountree and seconded by Hepper to approve the petition with the amendment above for the Amendments to the Zoning & Development Ordinances: Motion Carried: All Yea: (PETITION ON FILE WITH THESE MINLfPES) Being no further business to cane before the Caani.ssion the Motion was made by Alidjani and seconded by Rountree to adjourn the meeting at 8:45 p.m.: Motion Carried: All Yea: (TAPE ON FILE OF THESE PRO~EIDINGS) APP:. ~^ ATTEST: L ~/ / Ja s N' , City Clerk PC~ Mayor,'& Council P & Z Menbers \_ Attg, Eng., Fire, Police Stuart, Ward, Gass, Bld. Dept. Hallett Valley News, Statesman ACFID, CDH, NIi~ID, ACC, SIRD MAIL (2) FILE (3) 3EFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PETER COVINO/AMYX FAMILY LTD, PARTNERSHIP CONDITIONAL USE PERMIT 27 EAST BROADWAY MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing October 10, 1989, at the hour of 7:30 o'clock p.m., the Petitioner appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of public hearing on the Conditional Use gMBROSE, FIT2G ERALO 6 cROOKBTON Attomeyc 1nE Couneelore P.O. Box 12T MsrlEiAn, IEMo 83812 Telsplane 8861181 Permit was published for two (2) consecutive weeks prior to the said public hearinn, scheduled for October 10, 1989, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 10, 1989 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. AMBROBE, FITZG ERALD S CROONSTON A~~omeya antl Counselor P.O. Box X27 Me~itllen, Itla~o B78a2 Telephone BBB~IIB1 2. That this property is located within the City of Meridian and is owned by Applicant Amyx Family Ltd, and is described in the application, which description is incorporated herein as if set forth in full; the property is generally described as at the southeast corner of Broadway and Meridian Street; the proposed use of the property is to operate an entertainment and recreation center involving a splat gun game and air pistols. 3. That .the property is located in the Old Town (OT) District, which requires a conditional use permit for the operation of the use the application requests; that additionally Section i1-2-4096., Commercial, Zoning Schedule of Use Control, allows the proposed use only as a conditional use regardless of the zoning district; that the present authorized use of the premises is an indoor junk yard and auto dismantling operation; that a portion of the premises will continue to be used by the Applicant Amyx for the present use and a portion will be used by the Applicant Covino for the use requested in the application. 4. That the OT District is described in the Zoning Ordinance, 11-2-408 B. 10 as follows: (O7) OLD TOWN DISTRICT: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium- high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center, The district shall be served by the Municipal Water and Sewer systems of the City of Meridian, Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted, 5. That under Zoning Ordinance, Section 11-2-409 B., the use proposed by the Applicant is an enumerated allowed conditional use in the Old Town District, but only as a conditional use. 6. That the property to the west is residential and auto storage; the property to the east is a service station and a feed store; the property to the south is railroad property and tracks; the property to the north is a bank, a residence and City Hall; the property kitty corner is the American Legion Hall, residences, and an office for an optometrist. 7. That the existing authorized use operated by the Applicant Amyx is an indoor junk yard, which has in the past been and is presently operated illegally outside in violation of AMBROBE, EITZGERALD B CROOKSTON Attorneys antl CgYn961oro R.D. BOY a2T Marltllan, Itlalw BJea2 Telaplrona BBBd~81 Meridian Ordinances; that there is an Injunction Order issued by the Fourth Judicial District Court that permanently enjoins Applicant Amyx from using, and the property from being used, as an outdoor junk yard; that there currently are junk vehicles and junk personal property being stored outside of the enclosed building in violation of the Injunction Order and Meridian Ordinances; that the property is cluttered and unsightly with old vehicles and junk personal property and parts strewn about the property. 8. That there was testimony at the hearing by residents owning property in the area regarding parking, possible vandalism, and litter that could be created by the business; they voiced objection to approval of the conditional use permit; that the Applicant Covino stated that he would be responsible for all litter clean-up and vandalism. 9. That there was testimony that objected to the game itself as promoting violent tendencies. 10. That the Ada County Highway District (ACRD) submitted comments and they are incorporated herein as if set forth in full; that specifically ACRD required the Applicant to provide curb, gutter, 5 foot sidewalk, and match paving on Broadway Street abutting the parcel and provide 1/2 of a 41 foot back-to- AMBROSE, FITZGERALD B CROOKSTON Attorneys aM Counseloro P.O. Box ~1T Mxlelen, IOeNo 8382 Teleplrone BBBd181 • back roadway section; and ACHD required the same improvements on Meridian Street. 11. The City Engineer submitted comments and they are incorporated herein as if set forth in full; specifically he noted that the property was not connected to City water and would be required to do so, including installing a service line, water meter yoke, tile, ring and cover; sewer service was connected but restrooms needed to be connected to the sewer and restrooms would be required to meet the Uniform Plumbing Cade which the Commission finds would include handicapped facilities; onsite parking at 6 spaces per 1,000 square feet would have to be supplied which based on Mr. Covino's statement at the hearing, that there would be 20,000 to 30,000 square feet used in the building, would thus require 120 to 180 parking spaces and would require landscaping; also the engineer noted that compliance with the lighting ordinance would have to be made; that the Applicant Covino testified that regarding the parking, patrons would most likely use the parking lot of the Bank's across Broadway street and did not see the need for providing his own on-site parking; he did testify the Applicant Amyx would let him use the area in back of the premises for parking; that the parking plan submitted with the Application does not AMBR08E, FITZG ERALD E CROONSTON Atlorneye entl Counealore P.O. Boy 42] Meritlian, Itlelro 83841 Telaplane 888J481 • I show 120 to 180 on-site parking spaces. 12. The Police Chief submitted comments and they are incorporated herein as if set forth in full; his concerns were the junk vehicles and parts on the premises and associated combustible oil and gas and fumes therefrom; his concern was for safety of the participants and emergency people. 13. The City Electrical Inspector submitted comments and they are incorporated herein as if set forth in full. 14. The City Plumbing Inspector submitted comments and they are incorporated herein as if set forth in full. 15. The City Fire Chief submitted comments requiring the premises to be brought up to existing fire code and life safety codes and ordinances of the City. 16. The City Building Inspector submitted comments and they are incorporated herein as if set forth in full; specifically he stated that Chapter 33 of the Uniform Building Code (UBC) regarding exits, doors, and stairways would have to be met and Chapter 38 of the U.S.C. would have to be met regarding a fire-extinguishing system. 17. That the buildings which will be used by the Applicant Covino, were constructed many years ago prior to the effective date of the present Zoning Ordinance, and were initially used as AMBROSE, FITZGERALD S CROONSTON Attomeys.Po Couneebre P.O. Box t27 MsNEIan. ICYio WM2 TlIpNOM BIBJNt • a creamery and then as a milk and baby food processing plant, essentially a manufacturing plant; that the buildings have not been upgraded since initial construction, 18. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 19. That the Applicant has submitted the names of the people owing property within 300 feet of the property but their approval of the use of the property is not required because the property is not in a residential district. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Complied Ordinances of the City of Meridian, Idaho; 3. That the City of Meridian has authority to place AMBROSE, FITZG ERALO 6 CROOKSTON Allornaya and Coonaelws p.o. 90: azT MerlElsn,lOaho &7612 TalepNOna BSBy161 conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2- 418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That two of the statements included in the Intents and Purpose section of the Zoning Ordinance, Section 11-2-402 are as follows: "15. To insure that additions to and alterations or remodeling of existing buildings or structures comply with restrictions and limitations imposed hereunder." "16. To provide protection against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare." 5. That the following provisions of the Zoning Ordinance are noted: a. 11-2-405 B 1 Changes in Structure or Use: Within the corporate limits of the City of Meridian, except as may otherwise be provided in this Ordinance, all uses of land or buildings established hereafter, and all structural alterations or relocation of existing buildings occurring hereafter, shall be subject to all regulations herein which are applicable to the districts in which such buildings, uses or land shall be located. b. 11-2-405 C 1 AM BROSE, FITZG ERALD 6 CROOKSTON Atlomeys one Counealore R.G. BOY 42T Menelan, leeno axez releononeeee+~m Use: A building, structure or land shall ~reafter be used or occupied, and a building or part thereof, or other structure, shall be erected, raised, moved, reconstructed, extended, enlarged or altered only as in conformity with the regulations herein specified for the district in which it is located. Exceptions to the use and bulk regulations of this Ordinance shall be only by Conditional Use. c. 11-2-407 B 1 COMPLIANCE WITH ZONING DISTRICT REGULATIONS: No ui ing, structure or an s a e used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located. d. 11-2-414 A 3 New Use: Whenever the existing use of a ui~'lding or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. e. 11-2-420 A CERTIFICATE OF ZONING COMPLIANCE REQUIRED: No ui ding or other structure sh- all be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a Certificate of Zoning Compliance issued by the Administrator. Certificate of Zoning Compliance shall be issued only in conformity with the provisions of this Ordinance and shall be required before the issuance of a Building Permit. 11-2-421 A AMBROSE, FITZG ERALD BOROOKSTON Attomeya an0 Counaelora P.O. Boa 427 MerlCian, IEatlo BSS42 TslsplaM eee-ode, GENERAL: It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises, or both, or part thereof thereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure until a Certificate of Occupancy s hall have been issued by the City Building Inspector stating that the proposed us e of the building or land conforms to the requirements of this Ordinance and with all conditional provisions that may have been imposed. 6. That the proposed use itself would be in compliance with the Meridian Comprehensive Plan, and would, as an entertainment activity if properly constructed and designed, meet the requirements of the Old Town District set forth in 11- 2-408 B. 10; that the premises itself, used as an indoor junk yard does not comply with the Comprehensive Plan and does not comply with the Zoning Ordinance, however, it has been allowed to operate as long as operated totally indoors; that the operation has not been confined totally indoors and has been operated outside and such is a zoning violation. 7. That the testimony regarding the game itself and its possible tendency to induce violence is not considered to be a zoning matter; the testimony regarding possible vandalism, litter, etc. is a zoning matter and such possibility greatly conflicts with the uses of the surrounding area. Old Town is designed to be a mixed use area including entertainment centers and the possibility of vandalism and litter may accompany AMBROBE, FITZGERALD B CROOKBTON Attorneys entl Couneelore P.O. Boz ~2T Merltllen, ItlMo B'fB12 TeleOtlone BBBeeBI • entertainment facilities but such must be controlled. 8. That the public testimony regarding parking is well taken. The Applicant would have to comply with all on-site parking requirements which would include 120 to 180 spaces with landscaping approved under design approval. 9. That the comments and requirements of ACHD, the City Engineer, the City Electrical Inspector, City Plumbing Inspector, the Fire Chief and the Building Inspector are all reasonable and shall have to be met, specifically including Fire Code, Life Safety Code, and Uniform Building Code requirements. 10. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission preliminarily concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. AMSROSE, FIT2G ERALD S CROOKSTON Atlorneya antl Counsalon P.O. Box a3y Msrl0lan, Itlaho 8J6a2 Telaptrona BBBdaBt b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; the premises itself, however, is in violation of the Zoning Ordinances and other City Ordinances. c. The use apparently could be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity, such being designated as set forth in the definition of Old Town as contained in Section 11-2-408 B 10; parking provisions would have to be met. d. That from a zoning standpoint, the use should not be hazardous nor should it be disturbing to existing or future neighboring uses if the activities of patrons are strictly monitored which would be the responsibility of the Applicant Covino and Covino stated he would be responsible for cleaning up the general area and for vandalism in the area. e. The sewer service is available and connected; that water service is available but is not connected and service will have to be installed; both services will have to be maintained and used. f, The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise, provided patron activity on and off the premises is strictly monitored, controlled, and remedied. h. Sufficient parking for the property and the proposed use is not presently available and must be provided including required landscaping. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 11. Due to the operation by Applicant Amyx of an outdoor junk yard and dismantling operation the premises, including on AM BROSE, FITZGERALD 6 CROOKBTON Allorneys an0 Counselors P.O. Box 12] MmlElan, bNo 88812 TelpMrw 8861181 the area proposed to be used by Covino for on-site parking, in violation of the Zoning Ordinance and other City Ordinances, it is concluded that under 11-2-420 A, the Zoning Administrator could not issue, at this time, a Certificate of Zoning Compliance, which must be issued prior to the issuance of a building permit; that without a building permit the Applicant Covino could not perform the work necessary to bring the structure into code compliance. 12. It is concluded, however, that if the violations were removed that a Certificate of Zoning Compliance could be issued. 13. It is further concluded that if a Certificate of Zoning Compliance is issued and a building permit obtained, the Applicant will have to comply with the comments and requirements of the Building, Plumbing and Electrical Inspectors, the City Engineer, the Fire Chief, and the Ada County Highway District; that all Ordinances and codes of the City of Meridian would have to be met; additionally the zoning violations presently existing on the premises could not re-occur and if they did the conditional use permit, if granted, would be terminated; that the Applicant will have to remove all oil, gas and other combustible material from the building which may include cleaning the oil and gas spills; that if granted the permit AMBROSE, FITZG ERALD B CROOKSTON Altornaya an0 Coonaelora R.G. BoY 917 Msddlan, IGfto 83891 TaleDlrone 8884981 AMBROSE, FITZGERALD B CROOKSTON Allorneye antl Couneelore P.O. Box 12I Merltllen, Itlaoo 89812 TalaPllone BBBd181 would also be conditioned on meeting the parking requirements including landscaping; that measures would have to be taken to assure on-site parking was used such as the main entrance being on the south side of the premises; that the permit would be conditioned on design review of all improvements; that no occupancy permit would be issued until all improvements were made and all ordinances and codes met. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL: Commissioner Hepper Commissioner Alidjani Commissioner Rountree Commissioner Shearer Chairman Johnson (Tie Breaker) VotedL~c'9 Voted ,:~~i<<N7 Voted/~~, ~r Voted/,'Pq~ Voted DECISION AND RECOMMENDATION AMBROSE, FITZGERALD B CROOKSTON Attorneys antl Counaeloro P.O. BoK K2T Maritllen, ItlMo S38aY Telap~one BB&~~Si The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the Council either table this matter or deny it until such time as a Certificate of Zoning Compliance can be issued for the premises and if such is obtained by the Applicants the Commission then could recommend approval of the Conditional Use Permit requested by the Applicant for the property described in the application, subject to the conditions stated herein. MOTION: APPROVED:~/~~JG~a?q DISAPPROVED: i • ~, ~~ PETITION TO AMEND THE ZONING AND DEVELOPMENT ORDINANCES OF THE CITY OF MERIDIAN COMES NOW, the Planning and Zoning Commission of the City of Meridian and hereby submits to itself and the City Council of the City of Meridian the following proposals to amend the Zoning and Development Ordinances of the City of Meridian. 1. There shall be a new provision added to Section 11- 9-605 J FENCES, which shall be known as i1-9-605 J.10. and shall read as follows: That if an owner or applicant desires to obtain a variance from the provisions of this Section, 11-9-605 J, FENCES, it shall not be treated as a variance pursuant to the provisions of 11-2-419 or 11-9-612, of the Revised and Compiled Ordinances and the procedure for such a variance shall not be governed by the aforementioned two sections. There shall be a special procedure for variances from this fence ordinance which shall be as follows: a. The owner or applicant shall file an application for a fence variance with the City Clerk, which application shall state the following: 1. Address of subject property; 2. Name, address and phone number of applicant; 3. Name, address and phone number of owners of the subject property; 4. Proof of ownership; 5. Legal description of subject property; 6. Present use of subject property; 7. Zoning of the subject property; AMBROSE, FIT2GERALD 80ROOKSTON Attorneys antl Counwloro P.O. Boa a27 MeriCien, Itleha 83&12 Telephone 8B8-aA81 8. Schematic drawing of the building and proposed fence; 1 9. List of the mailing addresses of all property owners (from authentic tax records of Ada County) within 200 feet of the external boundaries land being considered; 10. Minimum requirements of this ordinance that need to be reduced to permit the proposed fence; 11. An application fee established by resolution of the Council; 12. A statement from the titled owner that grants a lien to the City to secure the payments of all costs of the City in processing the variance application, including the engineering and publication, and attorney costs and fees; b. Upon receipt of the fence variance application the zoning administrator shall set a hearing and see that notice is mailed by first class mail to all owners of property within 200 feet of the radius of the subject property, which notice of hearing shall be held not sooner than 15 days after the mailing of the required notice and not more than 30 days after mailing of the required notice. The notice of Hearing does not need to be published in the official newspaper. c. The hearing established by this subsection shall be conducted by the fence variance committee which committee shall be comprised of the City Engineer, the Meridian Police Chief, one Council Member and one Planning and Zoning Member. A Quorum of said committee shall be a minimum of three members of the committee. d. Upon hearing the request for the fence variance, the committee shall either approve or deny or approve with conditions the AMBROSE, FIT2G ERALO 6 CROOKGTON Allomaye end 'z Counaelws P.O. Box /Y7 Meddlan, Id~~o 838/2 TeIaDI~Dne 888 N81 application for fence variance; that no written findings of fact shall be required but a written decision shall be written to the applicant and to any party requesting written notification of the decision at the hearing. e. APPEAL -- any aggrieved party may appeal the decision of the committee directly to the City Council pursuant to Section 11-2-416 G. 1. 2. To amend Section 11-2-411 by the addition thereto of a new section entitled "GARAGES" which shall be known as 11-2-411 H, and shall read as follows: H. GARAGES: That all single family detached housing units shall have a minimum garage capable of housing at least 2 standard size automobiles. 3. There shall be an addition to Section 11-2-409, a new subsection entitled 11-2-409 D, "LIVESTOCK AND POULTRY PROHIBITED" which shall read as follows: "D. LIVESTOCK AND POULTRY PROHIBITED: Within any of the zoning districts of the City of Meridian it shall be unlawful to use the land for the keeping or housing of poultry or livestock; that all poultry or livestock presently kept or maintained prior to the passage of this section of this ordinance shall be allowed to continue until the property that they are kept on or maintained on ceases to be used for such purposes for a period in excess of one year and after that one year poultry or livestock may not again be able to be kept or maintained on that property provided that said property was being legally used to keep or maintain poultry or livestock prior to adoption of this ordinance; and, provided, however, that property presently or subsequently zoned for AMBROBE, FITZG ERALD B CROOKSTON Altorneye entl 3 Counselor P.O. Box <RT Merl0lan, IENo 836e1 TelepMne BBBM81 the use of meat or poultry processing shall be allowed to keep or maintain poultry or livestock." 4. To amend Section 11-2-410 A, ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS, such that the R-8 Zone minimum lot area states that 4,250 square feet is required per dwelling unit. See attached Exhibit "A" of the ZONING SCHEDULE OF BULK AND COVERAGE CONTROLS 2-410 A, as amended. 5. To amend Subsection i1-2-414 D. 6. A., so that it reads as follows: Parking space 45 degrees -- 10 feet, 60 degrees -- 9 feet, 90 degrees -- 9 feet parallel -- 9 feet. 6. To amend Section 11-2-414 D. 6., by the addition thereof of a new subsection entitled "D PETITION FOR COMPACT SPACE, and which shall read as follows: D. PETITION FOR COMPACT SPACE: Upon petition, parking spaces may be allowed to fulfill the above requirements which are classified as compact car parking spaces, and which are so properly designated and which have dimensions of 7 1/2 feet width and 15 foot length. 7, To amend Section 11-2-421 by the addition thereof of a new subsection which shall be known as 11-2-421 E. entitled "OCCUPANCY PERMIT ISSUANCE", and which shall read as follows: E. OCCUPANCY PERMIT ISSUANCE: There shall be no occupancy permit issued to any property until all utilities are in place and operable, which utilities shall include as appropriate water, sewer, gas, electricity, pressurized irrigation, and telephone; no occupancy permit shall be issued until all requirements of the City of Meridian have been met. 8. To amend Section 11-9-606 to re-number subsection d thereof to e, and to adopt a new subsection d, ISSUANCE OF BUILDING PERMIT, which shall read as follows: AMBROBE, FIT7GERAlD B CROOKSTON 4 Attorneys antl Counulora P.O. Boa a77 Meritllen, ItlNo 83817 TeleplwM BBBaa81 ISSUANCE OF BUILDING PERMIT: A building permit for the construction of a dwelling or building or structure may be allowed prior to completion of all improvements required by Section 11-9-606 only upon providing a guarantee of completion of improvements authorized by subsection 11-9-606 C. 2., in the form of a cash deposit, certified check, negotiable bond, or an irrevocable bank letter of credit, all of which must be acceptable to the City. AMBROSE, FITZG ERALD E CROOKSTON ANOmeys enE Counselors P.O. Bov,Z7 MerlCien, IEello ssss4 TelsDSO^e BSB1181 9. To amend Section 11-9-605 B. "STREETS" by the addition of the requirement under subsection 3 thereof entitled "STREET AND ROAD SPECIFICATIONS" by the addition thereto under the highway and street types and widths table of a category entitled "SECTION LINE ROADS" and the widths stated thereunder shall be 80 feet. 10. To amend Section 11-9-606 B. IMPROVEMENTS, PUBLIC by the addition thereto of a new Section to be known as Section 11- 9-606 B. 14. PRESSURIZED IRRIGATION SYSTEM. This addition would be pursuant to Idaho Code 67-6518, which allows the governing board to adopt standards-for such things as public utilities, including water systems, and indicates that whenever ordinances made under Chapter 65, Title 67, impose higher standards than are required by any other statute or other local ordinance the provisions of the ordinances made pursuant to that Chapter shall govern, and pursuant to the requirement of 31-3805, Idaho Code, that subdivisions contained within an irrigation distr ct must either transfer the water rights from said lands or the subdivider must provide for underground the or other like satisfactory underground conduit to permit the delivery of water to those land owners within the subdivision who are also within the irrigation district; and it being the opinion of the Planning and Zoning Commission that it is in the best interest of the City and the citizens of the City of Meridian that the water rights not be transferred from the land, but that underground irrigation water be provided to each lot within the subdivision. Therefore it is hereby proposed that subsection 14 be adopted and shall read as follows: PRESSURIZED IRRIGATION SYSTEM: In each subdivision the subdivider shall provide by underground tile, or other like satisfactory underground conduit, pressurized irrigation water to each and every lot within the subdivision; that the pressurized irrigation system shall be constructed and installed at the same time as the domestic water lines, but shall not necessarily be in the same trenches; that there shall be no cross connections between the domestic water lines and the irrigation water lines that do not comply with section 4-143 of the Revised and Compiled Ordinances of the City of Meridian; that the City Engineer is hereby authorized and directed to establish rules and regulations and standards for pressurized irrigation systems and that all pressurized irrigations systems shall comply with those standards, rules and regulations. Provided, however, that the requirements of this subsection may be waived upon proof that any particular lot, parcel, or piece of land does not have water rights in an existing irrigation district. DATED this day of 1989. ,(/~ ~I' tU(-1--~~ fJI H CHAIRMAN PLANNING AND ~¢ ING C, MMISSION pM BROBE, FIT2GERpLD 6 CROOKBTON 6 pHOmeys atW CounxlOre R.D. BOY APT Mxl0len, IONo &1612 TeleRpone BB6M61 n ~ I I ~ __ ~ ~ , i [n u r b ' v ., o I I ~T~~~ !J i .~ F . 1 [~] ~I ^ur '*1 '*~ r r d c Y'2 w c ti ~ N r- d N y Y V C ~^, '^ O O ~' r. t r n '~'O m r R y ~. rt rt y / !1 r0 ~" H N '~ O .n R ~~ rt U n O. "~ ( m J R N _ r n m ~. i e~ R U ,"'' i r ", II ~; -;, ~> ~ ` I-. a ~ - I ~~ x - _ _ it ~, ,=' _ ., ^- ^%~ ~ ~ ~' ~~ }- \~ ~ ~ I F, ~ 1 O n L. I .p ~- ~ i '~~~ 1 r r. ~: i y i m ^ ~ ~` y~ ~y y ., 0. A .7. J r. ~ Z O d ~. 'I r c J O ~~ ~' ~, m _. m n Y _ I T f I f (a i h N r h` 0 i ~ C pc C V V S A r ~'~ e i T m .. ~~ c: ~ m i ^: i 1 I v ~ J to Q. ~~ V 9 n n I (D N J iA I O r O n ~ ii I o i, 0 0 J O i .c 0 - L1-- n ` r i a I ~ z i c-i i I i I a o i 1 ~ 1 Y v n ,c ~ ~ ~ 'n ' V i r' N w ~ I 'v, r IIN~-~ I N N ( ~ '» ~ ~ i i i r ! ~ iI 1 o I * ! I f I N N ~ o i V~~I i I l J tP > I o O n qo 1 n i ~ w w ~ c~ _ _ _ d y O EXHIBIT "A" '° i I ~ z i v f ~ ~ ~' I ~ Q N I N O I O~ v+ o ~ •v ,p "~c c ~ o 'e N o r0 c z O N m ~ '. C .I] S r ~ C N. d` M ~* ~ .~ C n r C M M r+ I r^ A w i i r~ c' N W < c c` r,~ ~' f N r l ~ v ~ U~ f I V~ ~ I ! c. r j ' r i ' I - ti { ~ I t I N N I N N c v i ; ~ ~ ,,., _ i 7 ~ ~ ~ ~ ^ u v i u, _ i _ i 1 I i ~ m I v+ m I o o ! 0 0 ,. , ~~~ ~ _ a ~ ~* ~ _ n ~~ i rrc I T ... ~0 o 3~ I E 9 ~ 7 _ ~ O P+ i ~ ~ i j I 1 i. ( w ~ T ' O I 1 I ~ ~ s ~ ~ I .~: ~ 3 ~1 iy E Y ^( ~1 3 o c, I K ,^ i; f ~ ~ 'F K ! ? N O d~ C Iz n O. to ~ m t z n .. ~ .. tr r a ~n ,» :-n it+ rD r F ~ 9' ' ~ o z I O M , i s, c ~~' n I , ~ I a I ~ N I T ~ ~ la ~ ~ ~ I s ~ ^ C 1 ~ r ~ o r- m ~ Y. n f'. oho p K f ~ N ~Y ~ s . ~ v ~ i W_ I I D, ' ! ! I~ F I ti cn 'S ~ ~ n 7 ° m ~ - a ~' E ~ i I }_ INJURY STATISTICS AT HOME, AT WORR, AT PLAYc Courtesy: Control Systems Inc. 1-800-777-3113 SPORTS ACCIDENTSI Yearly Yearly Injuries2 Injuries2 Per 1,000 Per 1,000 Sport Participants Sport Participants Archery 0.66 Baseball 27.67 Basketball 22.04 Bicycle Riding 11.30 Boating 0.92 Bowling 0.50 Boxing 11.34 Fishing 1.37 Football 27.50 Golf 1.13 Gymnastics 7.13 Handball 2.42 Hockey 12.46 Ice Skating 2.79 Lacrosse 223.79 PAINTBALL GAMES3 0.31 Racquetball 2.53 Rugby 23.14 Soccer 10.54 Snow Skiing 3.44 Snowmobilinq 2.86 Swimming 1.30 Tennis 1.09 Volleyball 4.43 Water Skiing 1.90 Wrestling 27.37 Running (NSC '87) Miles per week: 0 - 19 294.00 20 - 29 384.00 30 - 39 461.00 OTHER ACCIDENTSI LOCATION Home Street Moving Motor Vehicles Work Place 1. Source: National Safety Couneil 1988 93 33 26 61 2. Injury is defined as one which results in some decree of permanent impairment, or renders the injured person unable to effectielr perform his recular duties or ectivites for at least one full der beyond the day of the injury. 3. Source: Control Systems Inc., administrator of peintball came accident insurance plan for air gun came operators. C Copyright C.S.I. Inc., All richts reserved ZNJURIES2 PER 1,000 PERSONS_PER YEAR ~_J International Paintball Players Association 6118 Lederer Ave., Woodland Hills, CA 91367 818/883-3160 Here is a description of the recreational sport of paintball. " Paintball is a game generally played outdoors. It is a combination of childhood "hide and seek" and "tag," but more sophisticated and challenging. " Paintball players usually divide into two equal teams, of varying sizes. The objective of the game is to go out and capture the other team's flag while protecting your own. You usually have 30 to 45 minutes per game to do so. While you try to capture the flag, you try to eliminate opposing players by tagging them with a paintball from a special paintball gun. A paintball gun uses carbon dioxide to propel the paintball. A paintball is a round, thin-skinned gelatin capsule like a large round vitamin or bath oil bead. Paint6alls are filled with anon-toxic, non-caustic, water-soluble liquid substance and come in a rainbow of colors: blue, pink, red, white, orange, yellow and other bright colors. When the ball tags a player, the gelatin splits and the liquid fill leaves a bright colored paint" mark on the player. " For safety, paintball players always must wear safety goggles (the same way that a catcher wears a catcher's mask, or that football players wear helmetsl. Insurance statistics indicate that paintball is a safer sportthan golf, tennis, swimming and many other sports. * On a paintball field, referees start and stop the game, eliminate players for rules violations, and control the game's safety. The misuse or abuse of the equipment or rules is grounds for being ejected from the game. • Paintball is a sport played by people from all professions and life styles. It is a sport where woman stand on an equal footing with men. Physical size or strength do not create a star; rather, it is one's ability to think (like in chess) that helps make a star. Paintball is a character-building sport Players learn the importance of teamwork, gain self-confidence and leadership abilities. " The IPPA developed and maintains a program for Field Safety Certification, with standard safety rules. Please write for further information, or a membership application. o coprdohr t~ the International PairAball Playsrs Association Notlce: The IPPA is a Glilomia nonprofit corp. Chsck tax ~uldelioes baton ledariny yorr comributlon.