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1994 12-13
MEAN PLANNING & ZONING COMMON AGENDA TUESDAY, DECEMBER 13, 1994 - 7:30 P.M. CITY COUNCIL CHAMBER MINUTES FROM PREVIOUS MEETING HELD NOVEMBER 9, 1994: (APPROVED) MINUTES FROM SPECIAL MEETING HELD DECEMBER 2, 1994: (APPROVED) PRELIMINARY PLAT FOR BEDELCO BUSINESS AND LIVING CENTER BY BEDELCO, INC.: (DENIED) 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR LAWRENCE AND SHIRELY CHETWOOD: (APPROVED) 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR LARRY STOKER: (APPROVED WITH CONDITIONS) 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST BY JOHN THOM: (APPROVED WITH CONDITIONS) 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR WOLFE-WHEELER DEVELOPMENT GROUP: (APPROVED) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF ACHD RIGHT OF WAY BY RAMON YORGASON: (APPROVED) 7. PUBLIC HEARING: REQUEST FOR REZONE FROM R-4 TO L-O BY MICHAEL AND ANGELA DAVIES: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSION$ OF LAW) 8. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR MICHAEL AND ANGELA DAVIES: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 9. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY CAROL LOTSPEICH: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF lAW) 10. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY PACIFIC WATER WORKS CO., INC.: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 11. PUBLIC HEARING : REQUEST FOR CONDITIONAL USE PERMIT FOR LYNN AND KENNETH SKINNER: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT~D CONCLUSIONS OF LAW) 12. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR CALLISON PARTNERSHIP: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 13. PUBLIC HEARING: REQUEST FOR A VACATION OF A SUBDIVISION PLAT AND ASSOCIATED ROAD RIGHT OF WAY BY ED BEWS: RECOMMEND APPROVAL TO CITY COUNCIL) 14. PETER WIERENGA: PRESENTATION OF A SUBDIVISION CONCEPT: MERIDIAN PLANNING & ZONING COMMISSION • AGENDA • TUESDAY, DECEMBER 13, 1994 - 7:30 P.M. CITY COUNCIL CHAMBER MINUTES FROM PREVIOUS MEETING HELD NOVEMBER 9, 1994: a~/~rovn~ MINUTES FROM SPECIAL MEETING HELD 2, 1994: ~~pro~e d- 1. PRELIMINARY PLAT FOR BEDELCO BUSINESS AND LIVING CENTER BY BEDELCO, INC.: d~dzl ,4N~ ~`~ 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR LAWRENCE AND SHIRELY CHETWOOD: Cc~yr~v2 ~/~4c/! recemv+.,vt.di a~i0~°v""Cw~cond.hv~.r -~ C'/~ 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR LARRY STOKER: ("~~end- ~ ~ emu` yliz~~e) LaPjrrove ~/~ ~et~ /"QCUSnm.crtoL aI°/"rav.t.~.C w/Ccrndrfi:shJ" ~i, C'~L 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST BY JOHN THOM: ayP~-~~~ ~/f °~ ~ /~ vecc~l-..y~.,c....d aP~rovo.C /ti/c~rndi~'»n,!' z!ro C'~G 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOrR W~ OLFE-WHEELER DEVELOPMENT/ GROUP: p ~ q, /-ovR Y~~T ~ C' I ~ rL~ C©M{'~.-Q~N~. G~ O~/ZJL L(~ L/~L ~+'LG2/ ~ bG 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR AN/NEXATION AND ~" ~ / ZONING OF ACRD RIGHT OF WAY BY RAMON YORGASON: o~~rav.e ~L/f r c~L /~ec~-»-+~-u~.-d w~Y,.~rUVa.E ~./cv~,~t~~~i~i-.-- ~ C/C 7. PUBLIC HEARING: REQUEST FOR REZONE FROM R-4 TO L-O BY MICHAEL AND~ ,AnNGELA DAMES: ~~~ ~~ ~~C 8. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR MICHAEL AND ANGELA DAMES: / / Cif~y GC tt~U'rf,,ey ~ ~y~ePo~.e- 7-t~ ~ c'!L 9. PUBLIC HEAf21NG: REQUEST FOR ANNEXATION AND ZONING BY CAROL LOTSPEICH: ~~~ / C%~ ~ tfb'~~ ~ pi e~c~z r c' c 10. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY PACIFIC WATER WORKS CO., INC.: ~~~J a~-~.eJ -fv ~/~~e rG'/f' r e/L 11. PUBLIC HEARING : REQUEST FOR CONDITIONAL USE PERMIT FOR LYNN AND KENNETH SKINNER: 12. PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR CALLISON PARTNERSHIP: ('iz2cf G~l~f ~~c~c'z,.~.c- pff ~e/G ward ~ ~-ctl~j L~vrnv,..e,_:f,~ 13. PUBLIC HEARING: REQUEST FOR A VACATION OF A SUBDIVISION PLAT AND ASSOCIATELLD 'R~OAD RIGHT OF WAY BY ED BEWS: ~"(/CCJ/Y9r'Y~.~t~ C~ E'jC /~vC~,~;~rrr~a-Z c<f- /ac~z.rivn. ~# .~r~~Ct;V,~;o,~ ~'J(Lis~ Linz G(. /~D~GLC ~~~Ar6tit--[-~Gc~4yy++ 14. PETER WIERENGA: PRESENTATION OF A SUBDIVISION CONCEPT: h c ~ lam,- uEC 1 3 ._. ~~,,~~> HUB Of ~~~~,~r~~y6t~: y,'~LI.ES' ~~ ~A.~sT iI`'~H® PUBLIC MEETING SIGN-UP SHEET MERI'OIgN, IL1A6i0 83642 NAME: PHONE NUMBER: ------------------------------------------------------------------------------------------------------------- ------------------------------ ULI, I J i t,ll i~ t,J ~" +'51:, 4w, ;!kllf Si'~ CITY OF MIE^aD°=~,hf HUB OF TRE~is?,~E i;ALLEY 33 EAST IDAHO MERIDIAN, IDAHO 83(82 PUBLIC MEETING SIGN-UP SHEET NAME: PHONE NUMBER: --------------------------------------------------------------------------- -------------------------------- `==- ~~~=---~ ~Pe ~- ------------------------- =--- ~~'~ ~ S ~ 7 `---- --/~oNrrep --'~~/~~ ------------------------ 206 -__b_~3 -_`~/~_4_~------ ----1lL-`~v~~---/>/~X1~~ _~~<<T_c_~v~J~wo~~~~-------~2~ ~uu~o ----------- - ---- ------------------ - ~ -- -- S-l-- - ------------ -------------~~7 _w O (S-- MERIDIAN PLANNING AND ZONING COMMISSION DECEMBER 13. 1994 The regular meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: MEMBERS PRESENT: Tim Hepper, Charlie Rountree, Jim Shearer, Moe Alidjani: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Clyde Wheeler, Leonard Ruff, Jim Matlock, Paul and Christie Unzicker, Dave Baxter, Wayne Forrey, Linda Winterfield, Ken Skinner, Tim Burgess, Dr. John Thom, Lynn Jones, Michael Christensen, Cindy K, Mike Davies, Angie Davies, Sherry Roch, Lamar Roch, Arthur Stevens, Karen Gallagher, Van Elg: MINUTES OF PREVIOUS MEETING HELD NOVEMBER 9, 1994: Johnson: Are there any corrections, deletions or additions to these minutes? Alidjani: I make a motion that we approve (inaudible). Shearer: Second Johnson: We have a motion and a second to approve the minutes from the November 9 meeting as written, all those in favor? Opposed? MOTION CARRIED: All Yea MINUTES OF SPECIAL MEETING HELD DECEMBER 2, 1994: Johnson: Are there any changes or additions or comments you would like to make on these minutes? Rountree: Mr. Chairman, I make a motion that we approve the minutes for our special meeting on December 2. Hepper: Second Johnson: Moved and seconded to approve the minutes of December 2 meeting as prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: PRELIMINARY PLAT FOR BEDELCO BUSINESS AND LIVING CENTER BY BEDELCO, INC.: Johnson: There has been some correspondence back and forth on this, you have Meridian Planning & Zoning Commission December 13, 1994 Page 2 separate letters in your file from the applicant and Shari Stiles. There is a request on the December 9 letter, I believe you should have copies of that also which is a request to table this item. Which I would really like you to consider that because I don't know what that would acxomplish frankly. Since we have recommended denial. Does anyone have any comments regarding that? This is a situation where wre though oversight neglected to address the preliminary plat. At the time owe did address the annexation and zoning request with a recommendation for denial. Rountree: I have a couple questions with respect to that, one for Mr. Forrey. On the December 9th letter there is an indication that they are wanting to workout some changes for the plat. I am not sure what they have in mind, I guess that is a question for Mr. Crookston. If they go from Light Industrial and R-15 and change the plat to all Light Industrial would that (inaudible). Johnson: I would certainly think it would. Crookston: It is a significant change. Johnson: The second paragraph doesn't indicate that would be a desire though because they are talking about reducing the number of affordable housing lots which not mean it would be going to industrial only. Rountree: That would be my second comment, it still has residential involved with it. That was the concern and one of the issues we based it on. Johnson: Exactly Rountree: So I guess Mr. Chairman, I make a motion that we deny the preliminary plat. (Inaudible) Johnson: We have a motion from Mr. Rountree. Hepper: Second Johnson: And a second from Commissioner Hepper to deny the preliminary plat, is there any further discussion or comments. If not then (Inaudible) Alidjani: Do you have any parliamentary problem if we have a question or technical Meridian Planning & Zoning Commission December 13, 1994 Page 3 problem or question for Mr. Forrey? Johnson: Well, it is not a public hearing. Alidjani: I understand that, I have a technical problem, Counselor, since it is not a public hearing and we (inaudible). Crookston: You can ask. Alidjani: Mr. Forrey, our concern here is that basically we do not like any residential housing in that area. And as Mr. Chairman brought it up on the second paragraph it is still talking about that. Any explanation? Do you and the developer feel strong about having that residential in there? Forrey: Mr. Chairman, members of the Commission and Commissioner Alidjani, what we would like to do, I can't say that the developer feels strongly about the number of units or the zone change. But what business people have indicated is that there is a lack of affordable housing and that is as important to a business owner as the business property that he occupies for his business, getting housing for his employees. So our approach here was to solve both problems. Evidently it didn't fly very fast or very far the first time through. So what we have asked is that you table this to give us a chance to go back through the public hearing process. We want to do that, we don't want to avoid another public hearing, but it takes so much time to process paperwork and so much cost, if we can keep it on the table and re-schedule a public hearing. Give us time between now and your January meeting to work out what would be an acceptable commerce park and reduce perhaps eliminate the manufactured housing and then go to public hearing and get this moving forward. That is what we would like to do rather than start over, just take so much time and Bedelco has 2 businesses that are ready to buy some of this property. So, it is not, we are not hoping for something to happen it is going to happen. We need to stay on schedule if we can. We are willing to drop back and punt I guess you can say. Alidjani: Thank you Mr. Forrey. Johnson: Is there any other discussion here, we do have a motion to vote on here. I would like to ask of the City Attorney. Parliamentary I guess, if we in fact deny the plat which would then deny the annexation and zoning which we have done can we in fact take action on the preliminary plat? Crookston: No you cannot because your recommendation is for a denial of the annexation. This land is already annexed, You would have authority to act on the plat because the property is zoned but the property is not in compliance with the zone that it Meridian Planning & Zoning Commission December 13, 1994 Page 4 has now. I don't think you could approve it. Johnson: So my question is do we have a proper motion. Is there any other discussion? If not then all those in favor of the motion? Opposed? MOTION CARRIED: 3 Yeas, 1 Nea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR LAWRENCE AND SHIRLEY CHETWOOD: Johnson: Does anyone have any comments or corrections, editorial changes on the findings of fact as prepared by the City Attorney? Entertain a motion then on the findings of fact. Alidjani: Mr. Chairman, I make a motion that the Meridian Planning and Zoning Commission hereby adopt and approve these findings. Rountree: Second Johnson: It has been moved and seconded that we adopt the findings of fact and conclusions of law as prepared by the City Attomey, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Johnson: Any recommendation or decision you would like to pass on to the City Council? Alidjani: Mr. Chairman, I make a motion that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Shearer: Second Johnson: It has been moved and seconded to pass a favorable recommendation on to the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE Meridian Planning & Zoning Commission December 13, 1994 Page 5 PERMIT FOR LARRY STOKER: Johnson: Are you aware of the December 9 letter from the applicant to me? Do you people have copies of that? I will read it to you. It is a clarification, it is on the Learning Center Inc. letterhead. "Dear Mr. Johnson, During the Planning and Zoning hearing last month a question came up about our request to do day care in a home on Tall Pine. The specific question was about the use of the space in the garage for day care and if it would allow a 2 car garage to remain in accordance with the ordinance. Our home has a 3 car garage and we are anticipating using only one of those spaces as an expansion area for a day care. Area inside the house is also being considered usable space for the day care for children. This will allow the tvuo car garage requirement to still be met. We apologize for any confusion our application may have caused. We appreciate you assistance in sharing this additional information with the other members of the Commission. We took forward to meeting with the Commission again on the 13th." That is signed by Michael Christensen. I received this letter today so I will enter that into the record. Now with the request of the findings of fact and conclusions of law with respect to those. Is there any discussion, any corrections on those? Hepper: Mr. Chairman, I've got a question on page 8, the first paragraph on top there states that it is therefore concluded that a condition of the conditional use shall be that the garage not be used as part of the day care business. Since that is a 3 car garage I think maybe that should be amended that 1 bay of the garage could be used but 2 bays still have to remain available for cars. Which as 1 understand will follow the intent of the letter that you just read. Johnson: Yes, I agree with that. Hepper: That would also meet the City Ordinance. Johnson: Our motion should include that change, is there anything else? I will entertain a motion then. Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions of law with the change as previously noted. Shearer: Second Johnson: We have a motion and a second to approve the findings of facts as prepared, roll call vote. Meridian Planning & Zoning Commission December 13, 1994 Page 6 ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Johnson: Any recommendation for the City Council? Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions where found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements and fire and life safety codes and the uniform building codes and other ordinances of the City of Meridian. The conditional use shall be subject to annual review upon notice to the applicant and by the City. Shearer: Second Johnson: Its moved and seconded to pass a favorable recommendation onto the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST BY JOHN THOM: Johnson: There is a conflict of interest with one of the Commissioners, Mr. Alidjani, so we will not take any discussion from him regarding this item. Alidjani: Mr. Chairman, I need permission to step down? Johnson: Okay, get lost. Is there any discussion or corrections or any questions you have regarding the findings of fact as prepared by the City Attorney? If there is none then Rountree: Mr. Chairman, t move that the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Hepper: Second Johnson: It has been moved and seconded that we approve the findings of fact as prepared by the City Attorney, roll call vote. Meridian Planning & Zoning Commission December 13, 1994 Page 7 ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Abstains MOTION CARRIED: All Yea Johnson: Any decision that you would like to pass onto the City Council? Rountree: Mr. Chairman, I move that the Meridian Planning and Zoning Commission recommends to the City council that the request for rezone for the land to L-O Limited Office be approved and tha# the remainder of the recommendation and decision be accepted as written. Hepper: Second Johnson: There is a motion and a second for approval of the recommendation as prepared by the City Attorney, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR WOLFE-WHEELER DEVELOPMENT GROUP: Johnson: Does anyone have any questions or discussion regarding these findings of facts? Rountree: Mr. Chairman, I find one typo on page 8, item 6 C, last line, includes as a (inaudible) Johnson: Yes, okay, anything else? Anyone else? Is there a motion? Rountree: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Shearer: Second Johnson: It is moved and seconded that we approve the findings of fact as presented, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Meridian Planning & Zoning Commission December 13, 1994 Page 8 Johnson: A recommendation for the City Council. Rountree: Mr. Chairman, I move that voe accept the decision or recommendation as written by the City Attorney for approval of the conditional use permit. Alidjani: Second Johnson: It is moved and seconded to pass on a recommendation to the City Council as prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF ACHD RIGHT OF WAY BY RAMON YORGASON: Johnson: Are there any comments regarding these findings of facts as prepared by the City Attorney? Motion please? Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts these findings of fact and conclusions. Alidjani: Second Johnson: Moved and seconded that we approve the findings of fact and conclusions of law as prepared, it is a roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Johnson: Any recommendation to be passed forward? Hepper: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these findings of fact and conclusions of law. Shearer: Second Johnson: It has been moved and seconded that ~ pass a decision and recommendation as stated, all those in favor? Opposed? Meridian Planning i~ Zoning Commission December 13, 1994 Page 9 MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: REQUEST FOR REZONE FROM R-4 TO L-0 BY MICHAEL AND ANGELA DAVIES: Johnson: This is a public hearing I wilt now formally open the public hearing and invite the owners representative or the applicant to come forward at this time, be sworn and and address the Commission. Mike Davies, was sworn by the City Attorney. Davies: I am not exactly sure what to do. Johnson: That is okay, we have your application and everything. If there is anything you would like to add or elaborate on what you have in mind. Otherwise we can just ask you questions. Davies: The only thing that 1 noticed different was that the acreage was stated wrong on some of the letters that were sent out. I think it said 3.4 acres and it is actually 1.49. Johnson: Are there any questions of the applicant at this time? Rountree: If you would just explain a little bit more in detail what it is you are proposing to do? Davies: We would like to build an approximately 3200 square foot Victorian style house to be used for weddings and receptions, office meetings, and anniversaries, along those lines. We would like to use that piece of property on the corner of Willowbrook and Meridian for this function. Rountree: And that is new construction? Davies: Yes, it is a vacant piece of property now. Johnson: Have you looked into what the parking requirement would be for a structure of that size? Davies: Yes we have. Johnson: And how many parking spaces would be necessary? Meridian Planning & Zoning Commission December 13, 1994 Page 10 Davies: What the code says, it didn't make a lot of sense because it said like for L-O it was and don't quote me on this but it was 1 parking spot per couple hundred square foot of the residence or the building. And for our use that wouldn't be enough so what vve did was in acxordance with how many square foot you need per so many people in there, we put enough for 50 parking spots along with handicapped parking spots. We put what we feet was more than enough parking for as many people that we could hold. So we wouldn't have to use Willowbrook as additional parking at any time. Alidjani: I have seen some of these facilities, they have some type of retail and a shop place that they have clothes or so on and so forth that they rent. Is this something that you have in mind for your place? Davies: No, all we are going to do, we just want to be the facility where they will hold their function at. And that would be it. At this time we have no ideas of doing any rentals of gowns or any (inaudible). Johnson: Are you contemplating cooking facilities? Davies: As of this moment what vue are going to do is if they do decide to bring food into the establishment that we would require them to have a licensed caterer do it, I hate cooking. Johnson: Another question, do you have any idea or have you had any discussions regarding operating hours? Davies: Yes, we are going to, Meridian has set hours for a noise ordinance and vve are going to follow that. And I believe that is from 7 to 11 and hopeful we wouldn't ever go beyond that. Johnson: How close is your nearest neighbor? Davies: There is a fence that is on the border on the property. What we had planned is that we are going to of course landscape all that. Our property, the house would sit back off of Meridian Road and then between the house and the parking lot would be the back yard that they could also use, we would have a gazebo and between the back yard and the first house would be the parking lot. We thought that would be the best way to keep down the noise and also keep as much away from the people as possible in the area. Alidjani: So your parking lot vwould be on the west side of the property, along the fence? Davies: Yes Meridian Planning & Zoning Commission December 13, 1994 Page 11 Johnson: Are there any other questions from the commissioners? Rountree: Will there be on site caretakers or just open during business hours. Davies: You mean like when we are not using the facility? Rountree: Will it be used as a residence as well? Davies: No, it will be strictly for the business. The only thing we would have there is the office. Hepper: I have a question Mr. Chairman on the rezone from R-4 to L-O would it be appropriate to stipulate on that, that this would be only for the proposed use, that the use isn't (inaudible) go in there and somehow put in office buildings? Johnson: I am sure your City Attorney could give you guidance on that, but it would appear to me that you can condition your motion. Crookston: On the rezone you can place conditions on it. Hepper: I wouldn't think that we would necessarily want to change this to an L-O without a restriction on it at this point. Crookston: That would be totally up to the Commission. Johnson: Thank you Michael, this is a public hearing, is there anyone else that would like to address the application at this time? Sherry Roch, 52 West Davenport, was sworn by the City Attorney. Roch: I was just curious, we live across the road from where this is going to be. We have just moved from an area where we have been to several weddings that have this type of set up in Idaho Falls. It is not enough parking, at some weddings you can get 250 people, 1 am not saying all at the same time. But our road the Meridian Road and the access into this property cannot handle the traffic that it would present, with a wedding, with a golden anniversary, an anniversary alone can bring over 100 and something people. That road is not big enough or wide enough to accommodate the people in which that would entail at this business whether it would be in the evening or at night. I think this is something that needs to be considered also is the access into this property with the road. Johnson: Thank you, any questions? Apparently not, anyone else that would like to come Meridian Planning & Zoning Commission December 13, 1994 Page 12 forward? I want to make sure that there is no one else that wants to testify first and then give you another shot. Anyone else? If not then come back and address that, speak to the Commission. Davies: One of the reasons that we kept it the size it is because, I don't have my notes in front of me, in accordance with the laws that you are allowed to have, you must have I believe it is 20 or so feet per person. The most people that we could put inside to have a function would be about 100 to 125 people. Meridian Road also, within the next 5 to 10 years according to the Ada County Highway District is going to be expanded to 4 lanes because this past week they sent us a notice about that they need an extra 15 feet #or the easement. So when they do that there will be plenty of traffic. With 50 parking spots that only comes out to be about 2 to 1 1 /4 persons per car. We have called every place in town and our place would have more parking than any other establishment around. On the average they say that you have 3 people per car would go. We knew that would be a problem and we thought if we lived there what we would want. That is why we had such a big parking lot as you can tell by the plat map. We have thought about that. Johnson: Anyone else before I close the public hearing? Linda Winterfeld, 133 Cretmore Drive, was swum by the City Attorney. Winterfeld: I was just curious if there was like a map or something that showed where the building was, how exactly it was going to be set. We understand that the parking lot is sitting up on the wrest side of the lot which is right next to the fence. The houses facing what way, where is the greenery going to go. How are the people on Cranmer Drive going to get the noise reduction against the parking lot against the fence? (Discussion Inaudible) Johnson: Is there anyone else? Seeing no one then I will close the public hearing at this time. Is there any discussion? Rountree: I have a question for Shari Mr. Chairman. Have we seen any preliminary comments from ACRD? Stiles: I thought we had, apparently we don't have them in our packets, yes we do. They included those in the conditional use permit. Rountree: That answers my question. Johnson: Any further comments or discussion? We are addressing the rezone right now. Meridian Planning & Zoning Commission December 13, 1994 Page 13 Rountree: Mr. Chairman, I make a motion that we have the City Attorney prepare findings on this item. Shearer: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR MICHAEL AND ANGELA DAVIES: Johnson: I will now open the public hearing. Is there anyone that would like to address the Commission on the conditional use permit? Dces the Commission have any questions of the applicant on the conditional use permit? Seeing no one then I will close the public hearing. What action would you like to take on the conditional use permit? Rountree: Mr. Chairman, I move we have findings of fact and conclusions of law prepared on this (inaudible). Shearer: Second Johnson: We have a motion by Commissioner Rountree and a second by Commissioner Shearer to have the City Attorney prepare findings of fact and conclusions of law on the conditional use permit request, all those in favor'? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY CAROL LOTSPEICH: Johnson: I will now open the public hearing, is there anybody representing the applicant or the applicant that would like to address the Commission at this time please come forward. Tim Burgess, 735 Hanover Court, was sworn by the City Attorney. Burgess: WeII, this is simply a request for annexation and zoning to C-G for a parcel of land at the corner of Meridian Road and Overland Road that is consistent with the Comprehensive Plan. I would be happy to answer any questions. Meridian Planning & Zoning Commission December 13, 1994 Page 14 Hepper: Did you see the requirements by the City Engineer and the Zoning Administrator and the Ada County Highway Department, all the different agencies? Burgess: Yes, we did, we delivered new descriptions to the City today to fulfill that requirement. The remainder of them, the owners don't intend to develop this property themselves at this time. So we are willing to work with the City in whatever way is necessary to comply with the requirements. Hepper: Do the owners of this piece of property own the parcel between this piece of property and Calderwood Drive? Burgess: No they do not. Hepper: There is a 144 foot parcel there that they do not own. Burgess: A portion of that has a residential dwelling unit on it and I am not sure. The remainder of it is vacant ground. They have indicated the desire to cooperate with us in whatever we want to do. Shearer: Have they got a client in mind for this? Burgess: Not at this time. Johnson: Any further questions, any additional comments? Thank you very much, is there anyone else from the public that would like to come forward on this application? For the record vre do have a letter received today from an adjacent developer/property owner, dated 12/13/94. "Dear Mr. Johnson and Commission Members, Running Brook Estates, Inc. which owns Running Brook Estates the adjoining neighbor to the east would like to make the following comment. For buildings and landscaping that will be along the Ten Mile Drainage we would like to have input for the benefit of our subdivision." Which. they can. certainly have at the time there is a plan brought forward. This application is just for annexation and zoning. Are there any further comments before I close the public hearing? (Inaudible) Sherry Roch, 52 West Davenport, was sworn by the City Attorney. Roch: I just wanted to know what is the zoning, are they going to zone it commercial? Johnson: The request is for C-G which is commercial general zoning. Meridian Planning & Zoning Commission December 13, 1994 Page 15 Roch: At this time do they not have to say what they are going to do with the property if you vote it to be changed to commercial? Johnson: No they do not. Roch: So when does that Johnson: At such time there is a development that takes place on there, in accordance with the zoning that has been approved. Roch: So we don't get to know what they are going to do with this property if it gets rezoned to commercial. Johnson: As a matter of fact I don't believe the developers know at this point, because the question was asked if they had a plan or a buyer. And the answer was no. Hepper: This is a different piece of property, this is Meridian Road and Overland Road. Roch: Right, we live by both of them, we live right across the street from the cornfield which is this property. I run that everyday in both places. But I want to know is there any, how do we know what they are going to do with this if it is voted on now that it is changed commercial and say a year down the road they say well we want to put a mini mall in there or we want to do this with it. How do we know what is going to be done with the land if it is changed to commercial? Johnson: If the development on that property requires notification by ordinance to the adjacent property owners within 300 feet those property owners will be notified. Roch: Before anything is done with the property? Johnson: If the zoning requires that and if a conditional use is necessary. Roch: The people that live there should be able to know up front if they are going to do this commercial. If it is going to be change it to a commercial piece of property. Johnson: What they are asking for at this point is in accordance with our ordinances and the way that the procedure works. Roch: So we just wait until it is decided on and what they can do later on, right, more or less. Meridian Planning & Zoning Commission December 13, 1994 Page 16 Johnson: There are a number of uses that lend themselves to this zoning by ordinance. There are a lot of uses that are prohibited if this zoning is approved by ordinance. There are some uses of the property that would require a conditional use permit, in other words coming back to us for approval under the zoning they are asking for. That is the way it works. Roch: So everyone is notified again before anything is done to this end piece of property? Johnson: The step they are taking now is probably a step to enhance the value of the property by getting it commercially zoned. But there is no requirement that they come in at this point with a specific plan as to how the property is going to be used. Roch: How long do they have to do this? Johnson: As long as they wish, it can sit there as commercial forever and not ever be developed if it is not economically feasible or whatever the case might be. There is no time requirement that they have to do that. They can also come in at a later date and change the zoning again if they apply for and it is approved. Roch: So it is ruled on a couple of times or once more. Johnson: Well, right now it doesn't sit in the City and the request is to have it annexed into the City. And that often times will enhance the value of the property. Roch: They can actually turn it into Commercial property is what it is? Johnson: That is their request, the request is to make it commercial. But see commercial to you might mean a different thing than what it means to the developer. (Inaudible) Johnson: You can't put a waste transfer station there but yes you could be a mini-mall there. (End of Tape) Are there any other comments? If there are no further comments that would like to come before the Commission, people that would like to come before the Commission I will close the public hearing at this time. Further discussion or comments? Shearer: Mr. Chairman, I move we have the Attorney prepare findings of fact an conclusions of law. Rountree: Second Meridian Planning & Zoning Commission December 13, 1994 Page 17 Johnson: It has been moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on this property, this request for annexation and zoning, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING BY PACIFIC WATER WORKS CO. INC.: Johnson: I will now open the public hearing and invite the applicant or his representative to address the Commission. Arthur Stevens, 8783 Downey Brook, Boise, was sworn by the City Attorney. Stevens: I would just like to state that as an agent on the owner we have already read the conditions that have already been submitted to us and agree and have already done all of them actually. Johnson: Are there any questions from the Commission to the applicant? Are there any at all? Rountree: Have you seen the comments from ACRD? Dedication of additional right of way? Stevens: Yes (Inaudible) Stevens: No problem, it will be done. Johnson: Anyone else? Apparently we don't have any other questions other than I would like to ask just what is Pacific Water Works Co., Inc? Stevens: They are a supplier of underground piping material, water and sewer. Johnson: Is this on a wholesale, retail basis? Stevens: Yes Johnson: So, we are talking retail with a warehouse or something? Meridian Planning & Zoning Commission December 13, 1994 Page 18 Stevens: Yes, retail warehouse. Johnson: Thank you very much. This is a public hearing, is there anyone else that would like to address the Commission at this time? Seeing no one then I will close the public hearing. This would require findings of fact. Shearer: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law on this project. Rountree: Second Johnson: Moved and seconded to have the Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR LYNN AND KENNETH SKINNER: Johnson: I will now open the public hearing. Is there a representative of the applicant or the applicant that would like to address the Commission please come forvrard at this time. Kenneth Skinner, 3503 Kirk Drive, was sworn by the City Attorney. Skinner: I am asking for a conditional use permit for a small plumbing business at 34 East Ada. We will comply with any of your needs. Johnson: Any questions of the applicant from the Commission? Hepper: What would the hours of your business be? Skinner: Just 8 to 5 Hepper: It is not a 24 hour plumbing shop? Skinner: No it is not. Hepper: Next to the double car garage at one time there was a truck bed, is that still there? Skinner: It is gone, the guy that sold me the property has left it in pretty bad shape, took Meridian Planning & Zoning Commission December 13, 1994 Page 19 most of it, but there is some debris left over. So most of it is gone and we will get it cleaned up and everything up to code. Basically it is a small office. Hepper: You realize all the parking space will have to be paved? Skinner: You bet. Johnson: Are there any other questions from the Commissioners? Hepper: Are you going to have a storage area and an outside storage are for plumbing pipe? Skinner: No, I am just going to keep it in the garage, in the double car garage. It is a very small warehouse, just enough to put on a truck. Hepper: So there wouldn't be any outside storage that would constitute a construction storage yard? Skinner: No not at all. Rountree: Have you seen the comments from Ada County Highway District? Skinner: Yes Rountree: Do you have any problems with that? Skinner: Not at all. Alidjani: How about the ones from Shari, there are also some comments from Shari. Skinner: Shari Stiles? I haven't heard Johnson: You may not have read these, these are dated December 11th. Hepper: Is there a fence around this property? Skinner: There is a chain link in the back at the alley way, not on the sides as of yet. Looking over this letter here I will get with Shari and work out anything necessary to keep it looking good from the outside or whatever we need to do. Hepper: Do you have any plans for landscaping? Meridian Planning & Zoning Commission December 13, 1994 Page 20 Skinner: We have some small plans, I think the parking lot is going to take up pretty much of the front of the property and there will be a little bit in the back. We will just turn it into a little bit of grass and landscaped parking. It is going to be pretty much parking in the front. And then with the easement of the highway department it is going to take pretty much of the front away. Rountree: How many vehicles will you be operating out of this? Skinner: No more than four, three and then my truck which I take home. There probably vwn't be more than one vehicle there at any time after working hours. Most of the trucks go home with the guys. Hepper: Are there any other commercial businesses on that street? Skinner: Tates on Meridian, nothing coming down Ada. Just an old guy that has probably been living next door to my lot for shoot 20 years or so. And I talked with him and he seems to be pretty (inaudible). Hepper: What about to the east, does your property border Tates or is there a house in between? Skinner: There is a house in between my lot and Tates so there is I think 25 and 26 lot, so that is vacant. 1 am willing to do whatever the neighbors need, fencing, whatever. Johnson: Don't promise too much, Shari will have you planting 10 inch caliper trees. Skinner: I don't think it will fit. Johnson: Any other questions for Mr. Skinner? Thank you very much, this is a public hearing, is there anyone else that would like to address the Commission? 1 think most anything would be an improvement. I will close the public hearing at this time. What is your pleasure? Alidjani: Mr. Chairman, I make a motion that we have the City Attorney prepare findings of fact and conclusions. Rountree: Second Johnson: We have a motion to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? Meridian Planning & Zoning Commission December 13, 1994 Page 21 MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR CONDITIONAL USE PERMIT FOR CALLISON PARTNERSHIP: Johnson: I will now open the public hearing, if the applicant or his representative is available to address the Commission please do so at this time. Leonard Ruff, 1420 5th Avenue, Suite 2400, Seattle, WA, was sworn by the City Attorney. Ruff: Good Evening, my name is Leonard Ruff, as you know I am with the Callison Partnership we are acting as agents for First Interstate Bank. We are proposing to build a 4800 square foot branch in the Central Valley Corporate Park. We have reviewed the comments, the review comments from the City and Ada County Highway District. I would only like to bring your attention to one item and that is in the Ada County Highway District review letter, page 2, item 4. ACHD is requesting that the developer or the applicant, First Interstate Bank in this case, construct a median on East Corporate Drive that would restrict left turns into our property and out from our property. As you can see on the site plan that you have before you our driveway is situated as far east as it can go. Ada County is maintaining that, there is not enough room to meet the typical standard or separation between an intersection and a driveway approach. The bank is maintaining that restriction of the left turn, left out primarily the left turn in would be a very severe restriction on the conduct of their business on that site. So we would like to request that the Commission strike this requirement from the conditions of the conditional use approval. The bank does intend to submit a request for a waiver with Ada County Highway District. Hepper: What is the Ada County Highway District standard distance from an intersection? Ruff: According to their letter a standard 175, it depends on which number you go by, to allow for left turns from East Corporate onto East First and left turns from East Corporate into our project site. Hepper: You have approximately 162, is that right? Ruff: About that, I believe that ACRD measurements are taken from the back of the curb from the back of the sidewalk of the crossing street. So there is another 20 feet or so to add to that. Unfortunately, some of the history of this site, the property line, the east property line was relocated sometime in the past to allow the development on Lot 2 directly to the east of our site. And so like 1 said as you can see on the map or our site plan we can't get our driveway approach any further east. Meridian Planning & Zoning Commission December 13, 1994 Page 22 Johnson: Perhaps we can have the ACRD representative address that since she is here this evening. If she care to shed any light on it. Any other questions for Mr. Ruff? Hepper: Would you still be able to maintain the berm and landscaping that is there now on East First Street? Ruff: That will all remain as it is. Johnson: Anyone else? Thank you very much, this is a public hearing, is there someone else that would like to address the Commission? Karen Gallagher, 318 E. 37th, Garden City, was sworn by the City Attorney. Gallagher: We have had an enlightening experience with our code and the off sets for signalized intersections for controlled intersections. There seems to have been an error in the document that we took the standards from and how we applied them in our code, a median was added. So we are back tracking at this point to rectify the situations where medians are not needed as we originally interpreted. I believe this site is in that category. This has all just happened this week. So, from what I just read, the right in and right out would have been at 80 feet from how the report is written up. And from what 1 understand a full access at 85 feet would then be accepted. But like I said this is just being cleaned up right now. And at this point we haven't taken anything back through our commission to clear up these situations. Johnson: Would it be prudent then for you to respond to that item in writing to us if that is indeed an item that needs to be cleaned up? Gallagher: Absolutely. Johnson: We would appreciate that. Any questions of Karen? Shearer: You guys lost me a long time ago. Is this acceptable (inaudible) now? Gallagher: I am not sure, I believe so, but like I said we are cleaning it up and I haven't gotten any definite from where we are fitting in with the standards from the manuals and what we have adopted. I believe we should be able to work this one out. Johnson: I think what we are looking for is a comfort zone. Crookston: In regard to ACHD's additional comments, does the Commission want to leave the record open for those comments? Meridian Planning & Zoning Commission December 13, 1994 Page 23 Johnson: I would think we would. Crookston: Do you happen to know how long it would take before the Commission would receive those comments? Gallagher: I wouldn't imagine until next week Wednesday at the earliest. We have been discussing it for the past few days because it has had quite an effect on quite a few properties. We are moving very fast in rectifying the situation. So like I said Wednesday, next Wednesday at the earliest. Johnson: That would be fine for us wouldn't it? Crookston: It would certainly be fine if we received them at least by the end of December. Johnson: I hate to give them that much leeway though. Crookston: We can use them in the findings, do you think that would be a problem? Gallagher: I believe we could meet that. Sorry for the confusion. Johnson: No problem, thank you for being here. Anyone else that would like to address this application? Seeing no one then I will close the public hearing. If you want to check with us we will get you a copy of those as soon as (inaudible) copy you on that or not. Are there any other comments. We need a motion on this application. Rountree: Mr. Chairman, I make a motion that we have the City Attorney prepare findings of fact and conclusions of law and hold comments until we receive the clarification from ACHD on the intersection requirements. Shearer: Second Johnson: Its been moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A VACATION OF A SUBDIVISION PLAT AND ASSOCIATED ROAD RIGHT OF WAY BY ED BEWS: Johnson: I will now open the public hearing, is there anyone that would like to address the Commission representing the applicant, please do so at this time. Meridian Planning & Zoning Commission December 13, 1994 Page 24 Van Elg, 1111 South Orchard, Boise, was sworn by the City Attorney. Elg: I believe Shari has this same copy, this is a copy of the Farmington Estates No. 1 subdivision which was platted back in 1978 by Mr. Bews. To this date it has not developed, he believes there is a higher and better use for the property, I don't know what that is at this point, but he plans on coming in with some other form of development I guess. At this point it is just a burden on him to carry this platted subdivision with it undeveloped. The roads are dedicated to the highway district so as I understand it we have to request because this property is within Ada County but it is within one mile of your City limits we have to request or petition vacation from the City first before we can proceed with the vacation of the plat. Johnson: Is that right Mr. Crookston? Crookston: Yes Elg: So here we are, we also have to have that petition before we can proceed with ACRD as I understand it. So what we will be involved there is vacating the right of way and potentially paying ACHD for the right of way that was dedicated but never developed. And then rededicating right of way when we come back in and replat it. I don't know how that is going to boil out. We have talked with ACHD and I don't know how it will all boil out. Johnson: But it is a request for a vacation? Elg: That is correct. Johnson: Any questions of the applicant? Thank you. Crookston: I have one, we are talking about basically removing the entire plat? Elg; That is correct, easements, right of way, lot lines, the whole thing. Johnson: Thank you, is there anyone else that would like to come forward on this application or has everyone gone home? Well, thank you for your comments, I will now close the public hearing. Crookston: This does not require findings. Johnson: It is a recommendation though is it not? Crookston: You can make a recommendation to the Council. Meridian Planning & Zoning Commission December 13, 1994 Page 25 Shearer: I move we recommend the City Council to vacate this plat. Rountree: Second Johnson: We have a motion to recommend to the City Council approval of the vacation of this subdivision plat and the associated right of way, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PETER WIERENGA: PRESENTATION OF A SUBDIVISION CONCEPT: Johnson: I don't see anyone to present that? Is there someone here that I can't see? Rountree: Did he get scared away by the agenda and thought they would be on about 11:00? Berg: He might have, I told him it would be a midnight meeting. He said that he had to pick up his son at 8:30 in Eagle, and would be zooming over here. I told him it would be a hit and a miss because I could not determine how long the meetings last anymore. Johnson: I will entertain a motion for adjournment at this point. Rountree: So moved Shearer: Second Johnson: We have a motion to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 8:42 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) A PROVED: ~~ ~~ JI JOH ON AIRMAN ATTES . WILLIAM G. BERG, JR., CI CLERK • • ORIGINAL BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MICHAEL AND ANGELA DAVIES REZONE AND CONDITIONAL USE PERMIT CORNER OF MERIDIAN ROAD AND WILLOWBROOR MERIDIAN, IDAHO FINDINGS OF FACT AND The above entitled matter having come on for public hearing December 13, 1994, at the hour of 7:30 o'clock p.m., the Applicant, Michael Davies, appearing, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone and the Conditional Use Permit Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 13, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 13, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and the Applicant is not the owner of record of the property; the property is described in the application which description is incorporated herein; that the property is owned by E & B Joint FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 Trust, W. B. Smith and E. L. Bews, Trustees, and they have consented to the application; that the property is now zoned R-4; the area in which Applicant's property is located is developed as a R-4 Residential subdivision; that the property to the west, north and south is zoned for residential development; that Meridian Road is east of the property. 3. That this property, currently vacant, is 1.49 acres 4. That the Applicant requests that the property be re-zoned from R-4 to L-O Limited Office and be granted a Conditional Use permit for the operation of a facility to be used for weddings, receptions, office gatherings, meetings, anniversaries, and other things. 5. That churches are allowed uses in the L-O District; that clubs and lodges are conditional uses in the L-O District; that professional and sales offices are allowed uses in the L-O District; that the uses proposed by Applicant are not listed as specific allowed or conditional uses in the Zoning Schedule of Use Control, 11-2-409 for the L-O District; however 11-2-407 D. 1. provides as follows: "When a use is not specifically listed as a permitted use, such use shall be hereby expressly prohibited unless by application and authorization (as provided for under Conditional Use) it is determined that said use is similar to an compatible with listed permitted uses. Such uses may then be permitted as Conditional uses.an allowed conditional use in the R-4 district pursuant to 11-2-409 B.the uses proposed by the Applicant are allowed uses in the L-O district with a conditional use permit; that there is property east of Meridian Road that is used for a grocery store and other businesses. 6. That the L-O District is described in the Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 Ordinance, 11-2-406 B. 5 as follows: (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 7. That the subject property has not been previously used and is now a vacant lot. 8. That the property is shown in the Application as having two access points on Willowbrook Drive; the property also fronts on Meridian Road, but the drawing shows no access to Meridian Road; that Meridian Road is listed as a Minor Arterial in the Meridian Comprehensive Plan; the it carries a substantial amount of traffic. 9. That sewer and water is available to the property, but the use may require additional charges or fees. 10. The City Engineer did not submit comments, but if he does they shall be incorporated herein as if set forth in full herein. 11. That Ada County Highway District submitted comments and its site specific statements were as follows: 1. Dedicate 42-feet of right-of-way from the centerline of Meridian Road. 2. Dedicate a 20' X 20' triangle (or appropriate curve) of right-of-way at the corner of Meridian Road and Willowbrook to keep street improvements in the public right-of-way. 3. Construct a 7-foot sidewalk on Meridian Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 ~i 4. Direct access to Meridian Road is prohibited. 5. The maximum curb cut widths shall be 30 feet. 12. That the Meridian Planning and Zoning Administrator, Shari Stiles, commented that if a record of survey has not been completed it should be accomplished; that the L-O zoning is compatible with adjacent development and provides a buffer from the more intensive uses across Meridian Road; that appropriate landscaping and buffering must be provided as part of development; that detailed plans of the landscaping and buffering need to be submitted and approved prior to issuance of a building permit to ensure adjacent residential property is adequately buffered and that a 35 foot landscape setback along Meridian Road is maintained. 13. The Meridian Planning and Zoning Administrator also commented that the City council should consider placing restrictions on the hours of operation, e.g., 7:00 A. M. to 11:00 P. M.; that handicapped accessible parking spaces need to incorporate an 8' minimum access aisle. 14. The Meridian Fire and Police Departments submitted comments as did the Nampa & Meridian Irrigation district and the Central district Health Department and such are incorporated herein as if set forth in full. 15. There were no comments given at the public hearing objecting to the application. 16. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 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 Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and state. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That Section 11-2-416 A. states in part as follows: "when the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change „ or repeal the regulations, restrictions, and boundaries or classification or property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The L-O zoning would be harmonious with and in accordance with the Comprehensive Plan. (b) The area was not intended to be rezoned in the future but there is commercial property to the east of the subject property. (c) The area included in the proposed zoning amendment is intended to be used in the fashion that would be allowed under the proposed new zoning if a Conditional use is granted. (d) There has been no change in the area or adjacent areas which dictate that the property should be rezoned. (e) That the property, is apparently to be designed and constructed to be harmonious with the surrounding area, which is developed in the R-4 fashion. (f) The L-O use would not be hazardous to the existing or future uses of the neighborhood. (g) The property, if developed in the L-O fashion, would be able to be adequately served with most public facilities. (h) L-O development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use would not. involve uses, activities, processes, materials, equipment or conditions of operation that would be detrimental to any person, property or the general welfare of the area, however the traffic would be increased more than it would be under R- 4 use. (j) Development in the L-O district, and particularly as planned by the Applicant, would cause an increase in vehicular traffic over and above what the traffic increase would be if the R-4 use was continued. (k) That a rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 7. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 8. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which 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 City Council concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the uses. c. The use would apparently be designed and constructed to be harmonious in appearance with the character of the general vicinity. d. That the use should not be hazardous nor should it be disturbing to existing or future neighboring uses; that traffic will increase because of the proposed use over an above what the traffic would be if used for R-4 Residential development, but the traffic should not be a problem. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 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 the conditions are met. h. That sufficient parking for the property and the proposed use will be required and the parking layout in the Application shall meet the requirements of the City ordinance. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 9. It is further concluded that the comments, recommendation and requirements of the City staff will have to be met and complied with, specifically including those comments of Shari Stiles, Planning and Zoning Administrator. 10. That the requirements of the fence Ordinance shall be met and the boundary separation between Applicant's property and any residential property shall be worked out to the least dissatisfaction of the residential property owners. 11. That the Applicant shall meet the parking requirements of the City Ordinances and shall have no access to Meridian Road from the property; that all parking shall be paved prior to issuance of an Occupancy Permit; additionally, as a condition on the conditional use permit, the Applicant shall be restricted to the business hours of 7:00 A. M. to 11:00 P. M.; that handicapped accessible parking spaces shall incorporate an 8' minimum access aisle. 12. That any signs placed on the property shall meet the Meridian Sign Ordinance and shall not be lighted so as not to shine in the eyes of vehicles traveling on Meridian Road or Willowbrook FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 Drive; the Applicant shall meet all of the City Ordinances, including the Uniform Building, Electrical, Plumbing, Mechanical, Fire and Life Safety codes APPROVAL OF FINDINGS OF FACT AND The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of law. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) RECOM![ENDATION VOTE VOTE VOTE VOTE VOTED The Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council that the property described in the application be rezoned from R-4 Residential to Limited Office (L-O) and that the Conditional Use be granted, with the conditions set forth in these Findings of Fact and Conclusions of Law. MOTION: APPROVED:` DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 • ORlGIN~~. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CAROL LOTSPEICH OUEENSLAND ACRES, INC. APPLICATION FOR ANNERATION AND ZONING SOUTHEAST CORNER OF OVERLAND AND MERIDIAN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on December 13, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony and the Applicant appearing through a representative, Tim Burgess, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 13, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 13, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 1 reference is incorporated herein. 3. That the property is presently zoned by Ada County as R-T and is used for farming; that the Applicant requests that the property be zoned C-G, General Retail and Service Commercial; that no specific use for the property was presented. 4. That the property is adjacent on two sides and kitty- corner, to property zoned commercial; that there is residential development along the easterly boundary across Ten Mile Creek and residential development along the southerly boundary. 5. That Carol Lotspeich is the Applicant; that Applicant does own the land; that the land was originally owned by Truman and Doris Scott and they are deceased; that Carol Lotspeich and Theron G. Scott are their children and they have consented to the application and have requested this annexation and zoning and the application is not at the request of the City of Meridian. 6. Ada County Highway District (ACHD) submitted comments and such are incorporated herein as if set forth in full. 7. That Bruce Freckleton, Assistant to the City Engineer, submitted comments; that the legal description supplied with this application doesn't include 1/2 of the Right-of-Way of Overland Road or Meridian Road; that a new legal description needs to be submitted pursuant to Meridian City Resolution No. 158 that includes said Rights-of-Way. 8. That Planning and Zoning Director, Shari Stiles submitted comments; that the Applicant should enter into a development agreement with the City; that twenty-foot (20') planting strips are FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 2 required adjacent to residential development; that the Meridian Comprehensive Plan calls for a pathway along Ten Mile Creek and a 35 foot landscape setback along Overland Road and Meridian Road; sidewalks well be required along Meridian Road and Overland Road at the time of development; that any development shall be subject to conditional use permit procedures to ensure that the goals of Meridian Comprehensive Plan and City Ordinances are met. 9. The Meridian Police and Fire Department Departments submitted comments as did the Central District Health Department, and Nampa Meridian Irrigation District; that all such comments are incorporated herein as if set forth in full. 10. Tim Burgess stated that the Applicants do not own the 144 foot parcel between this piece of property and Calderwood Drive; that that portion has a residential dwelling unit on it and the residents have indicated their desire to cooperate with the Applicant's in whatever is done with the property. 11. That a letter was submitted to the Commission from Steve Anderson, Vice President of Running Brook Estates, Inc., commenting that they would like to have input with regards to the buildings and landscaping that will be along the Ten Mile Creek as to how it will effect Running Brook Estates Subdivision. 12. That Sherry Roch testified as to some concerns regarding the commercial zoning and whether or not notification would have to be made to the neighborhood before the property was developed. 13. That there were no other comments by the public regarding this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 3 14. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 15. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan and in the Meridian Area of Impact. 16. That the property can be physically serviced with City water and sewer. 17. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement. Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive 'atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 4 contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. B. Under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, Page 28. 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.11 The character, site improvements, and type of development should be harmonized with previously- developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14U Because these areas are near I-84, Franklin and FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 5 Overland Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. 5.15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. C. Under TRANSPORTATION, Page 42 and 72 a. Overland Road east of Linder Road and Meridian Road are listed as Minor Arterials and as Entryway Corridors. D. Under COMMUNITY DESIGN, Policies, at Page 73 1. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 2. Policies, a. 4.4U Encourage 35-foot landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 18. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, page 29, it states as follows: "Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land uses. Where community growth creates pressure for new development, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion of orderly city growth and development." 19. That Section 6.3, of the LAND USE section of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 6 Comprehensive Plan, states that land in agricultural activity should so remain in agricultural activity until urban services (municipal sewer and water facilities) can be provided. 20. That Section 6.3, of the LAND USE section of the Comprehensive Plan, states as follows: "Existing rural residential land uses and farms/ranches shall be buffered from urban development expanding into rural areas by innovative land use planning techniques." 21. That the property is included within an area .designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a Mixed/Planed Use Development area. 22. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: LC-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 23. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 7 supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 24. That under 11-2-409, ZONING SCHEDULE OF USE CONTROL, B Commercial, Planned Commercial Development, is a permitted use in the C-G district and Planned Unit Development - General, is an allowed conditional use in the C-G district. 25. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 8 ~~ 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the Planning and Zoning commission has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 9 upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the Applicant stated no proposed use of the property and therefore it cannot be determined if the use would be in compliance with the Comprehensive Plan, however any uses would have to comply with the Zoning Ordinance. 11. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. The Applicant has not stated or represented its intention as to development, which is of concern to the Commission; it is therefore concluded, as a condition of annexation and zoning, that FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 10 • i any use or development of the property shall only be allowed as conditional uses. 13. That it is concluded that the City could annex the property and zone it C-G but once the property was zoned C-G, the Applicant could place many different uses on the property without additional approval from the City other than building permits, which limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. 14. That it is concluded that since the Comprehensive Plan, under LAND USE, Page 28, Mixed-Use Area at Locust Grove Road and Fairview Avenue, in 5.10, states that all development should be conducted under Planned Unit Development procedures and as conditional uses and since the City should have control over any uses that are to be placed on the land, it is therefore concluded that development of the parcel of land is conditioned on being developed as a Commercial Planned Development, which is allowed in the General Retail and Service Commercial (C-G) district, or under the conditional use permit process. 15. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G), but only capable of being developed as a planned commercial development or under the conditional use permit process. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 11 16. That, as a condition of annexation and the zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines, including plans for the storage units. 9. Harmonizing and integrating the site improvements with the existing residential development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 12 10. Establishing the 35 foot landscaped setback required under the Comprehensive Plan and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles. 12. The sewer and water requirements. 13. Traffic plans and access into and out of any development. 14. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 17. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; it is concluded, however, that it is more appropriate for a development agreement to be entered into when plans for development are better known and therefore as a condition of annexation a development agreement must be entered into prior to issuance of a building permit or prior to plat approval, which ever comes first. 18. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, and it is concluded that the annexation shall be conditioned on meeting the requirements of these Findings of Fact, particularly paragraphs FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICR Page 13 17 and 20, and Conclusions of Law and if they are not met the land may be de-annexed. 19. That the requirements of the Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 20. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 21. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement, and it shall only be developed as a commercial planned development or under the conditional use process. 22. That these conditions shall run with the land and bind the applicant and its assigns. 23. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), would be in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 14 24. That if these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Finding of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMNISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOBNSON (TIE BREAKER) VOTED VOTED V VOTED Ir~~ VOTEDl7l7 ~1'~ VOTED~~!"~~~ The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant, or assigns, enters into a development agreement prior issuance of a building permit or final plat, which ever comes first and that the property only be developed as a commercial planned development or under the conditional use process; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreea~le with entering into a development agreement, the property shoul not be annexed. MOTION: APPROVED:~j DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - LOTSPEICH Page 15 • • ORIGINAL BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PACIFIC WATER WORKS CO.. INC. ANNEXATION AND ZONING A PORTION OF LOTS 2 AND 3. BLOCK 2 COMMERCE PARR SUBDIVISION MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing December 13, 1994, at the hour of 7:30 o'clock p.m., that Arthur Stevens representing the Applicant appeared in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 13, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 13, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is PACIFIC WATER WORKS FF & CL PAGE 1 approximately 2.31 acres in size. 3. That the property is presently zoned by Ada County as M-1 Industrial; that the Applicant requests that the property be zoned by Meridian I-L, Light Industrial. 4. The general area surrounding the property is used for industrial and warehousing uses. 5. That the property is adjacent and abutting to the present City limits. 6. That Pacific Water Works Co., Inc. is the Applicant; that Applicant does not own the land; that the owner of the land is DWBD Associates, and it has consented to the annexation. 7. Ada County Highway District (ACHD), Bruce Freckleton, Assistant to the City Engineer, Meridian Police and F1re Departments, Central District Health Department, Nampa-Meridian Irrigation District submitted comments and such are incorporated herein as if set forth in full; the site specific requirement of ACHD was that the Applicant dedicate 27.5 feet of right-of-way from the centerline of Commerce Court abutting the parcel. 8. That the property included in the annexation and zoning application is within the Area of Impact and the Urban Service Planning Area of the City of Meridian as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the property can be physically serviced with City water and sewer, but the sewer and water lines will have to be extended to the property by the Applicant. 10. That Meridian has, and is, experiencing a substantial PACIFIC WATER WORKS FF & CL PAGE 2 • amount of growth; that there are pressures on land previously used for agricultural and other uses to be developed into commercial and industrial uses. 11. That Mr. Stevens, agent of the owner, testified that they had read the conditions that have already been submitted and agree and have already done all of them, that they had no problems with the comments of the Ada County Highway District, that the Applicant is a supplier of underground piping materials, water and sewer, that the plan is to have retail and warehousing of the materials. 12. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under the LAND, GENERAL POLICIES, section commencing at page 22, it states: "Encourage a balance of land uses to ensure that Meridian remains a desireable and self- sufficient community; and under the INDUSTRIAL POLICIES, it states in part as follows: 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.4 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.5 Industrial areas should be located within proximity to major utility, transportation and services facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection." and under the Eastern-Eagle Road Light Industrial Review area it is stated as follows: PACIFIC WATER WORKS FF & CL PAGE 3 3.15 The City of Meridian shall encourage the development of a Technological park and compatible light industrial uses within the proximity of the Idaho Foreign Trade Zone. 3.17 It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review Area. B. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 13. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a Light Industrial area; the Comprehensive Plan states at page 17 that "There are two planned Industrial Review Areas addressed in this Comprehensive Plan. The Eastern-Eagle Road Light Industrial Review Area ."; the Industrial Policies stated at page 24 of the Comprehensive Plan state in part as follows: "3.11 Zoning and development within each of the Industrial Review Areas should be analyzed to ascertain if there are potential problems or conflicts which would hinder the development of these areas by private industrial and business PACIFIC WATER WORKS FF & CL PAGE 4 ~ • interests. 3.12 All industrial proposals that pertain to the Industrial Review Areas shall be reviewed and monitored by the City Council or designated commissions or committees, so that approved uses are compatible with surrounding planned uses and preserve the integrity of the review areas."; that the specific policies for the Eastern-Eagle Road Light Industrial Review Area include the following: "3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. 3.16U Land uses within the Eastern-Eagle Road Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements." 14. That the requested zoning of the Light Industrial district is defined in the Zoning Ordinance at 11-2-408 B. as follows: (I-L) Light Industrial: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 15. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects PACIFIC WATER WORKS FF & CL PAGE 5 of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in development that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and business and to those moving into the City; the City is also concerned that the increase in commercial and industrial development is bringing in more population and is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students; that the increase in commercial and industrial which might locate in this annexation would be helpful. 16. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety PACIFIC WATER WORKS FF & CL PAGE 6 of the citizens of the City of Meridian. 17. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 18. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 19. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 20. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; PACIFIC WATER WORKS FF & CL PAGE 7 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 21. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicvcle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 22. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 23. That the City is in the process of amending the Zoning Ordinance and the Subdivision and Development Ordinance; that the present Zoning Ordinance provides for only one industrial zone which is the Light Industrial Zone and which authorizes all industrial uses if allowed; that one of the proposed amendments to the Zoning Ordinance is to reorganize the industrial uses and have a light industrial zone and a heavy industrial zone. 24. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City PACIFIC WATER WORKS FF & CL PAGE 8 Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the Planning and Zoning Commission has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. PACIFIC WATER WORKS FF & CL PAGE 9 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. That the Applicant shall be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., B 2, K, and L.; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no building permits issued or final plats approved until the requirements of this paragraph are met and the property shall be PACIFIC WATER WORKS FF & CL PAGE 10 subject to de-annexation and loss of City services, if the requirements of this paragraph were not met; the Applicant shall also be required to meet the requirements submitted to the Commission by City Staff and other government agencies. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. The Applicant has stated its intention for development, which the Commission concludes is in compliance with the Meridian Comprehensive Plan; that since the Comprehensive Plan states that the specific policies for the Eastern-Eagle Road Light Industrial Review Area include that land uses within the Eastern-Eagle Road Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements, it is concluded that the use be clean, quiet and free from hazardous or objectionable elements; that the area is not in a mixed planned use area which requires conditional uses for development, so conditional uses should not be PACIFIC WATER WORKS FF & CL PAGE 11 required as a condition of annexation and zoning; that if the Applicant agrees to have the development meet and comply with the amended Zoning Ordinance, even though it will not be adopted until later, the property should be annexed and zoned as requested. If the Applicant is not agreeable with having his development meet with the Zoning Ordinance, as amended, conditional uses shall be required as a condition of annexation. 13. Therefore, it is concluded that the property should be annexed and zoned Light Industrial (I-L) as requested in the Application, but the Applicant and all property owners must agree, prior to an annexation ordinance being passed, that all development shall meet and comply with the amended Zoning Ordinance, even though it will not be adopted until later. 14. That, as a condition of annexation and the zoning the Applicant, and all property owners, shall be required to enter into a development agreements as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and PACIFIC WATER WORKS FF & CL PAGE 12 recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing development. 10. Addressing the comments from the City Staff, applicable at the time of annexation and zoning or at the time of development. 11. The sewer and water requirements. 12. Traffic plans and access into and out of any development. 13. And any other items deemed necessary by the City Staff. 15. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; however, it is deemed that development agreements are more appropriate as the time of final plating or upon issuance of a building permit and therefore it is concluded that the land may be annexed and zoned but the land shall be subject to de-annexation if PACIFIC WATER WORKS FF & CL PAGE 13 acceptable development agreements are not agreed upon, and entered into prior to final platting or issuance of a building permit. 16. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that the property may be de-annexed if appropriate development agreements are not agreed on and executed by the City and the Applicant. 17. That the requirements of the Meridian Police and Fire Departments, the Assistant to the Meridian City Engineer, Ada County Highway District, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and complied with; that if the Meridian Planning Director submits comments they shall also be complied with. 18. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 19. That the Applicant shall be required to connect to Meridian water and sewer, at its expense, and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreements. 20. That these conditions shall run with the land and bind the applicant, owners and its assigns. 21. With compliance of the conditions contained herein, the PACIFIC WATER WORKS FF & CL PAGE 14 annexation and zoning as requested in the Application would be in the best interest of the City of Meridian. 22. That if these conditions of approval are not met by the Applicant and the respective property owners, the property shall be de-annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) RECW~D~[ENDATION VOTED VOTED VOTED VOTED VOTED The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant and property owners enter into development agreements or that the land be de- annexed; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into development agreements, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: PACIFIC WATER WORKS FF & CL PAGE 15 • • OR;GiNAL BEFORE TBE MERIDIAN PLANNING AND ZONING COMMISSION SKINNER CONDITIONAL USE PERMIT FOR A PLUMBING 34 EAST ADA STREET MERIDIAN, IDARO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing December 13, 1994, 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: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 13, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 13, 1994, hearing; that the. public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That this property is located within the City of Meridian and the Applicant is the owner of the property; the property is described in the application which description is incorporated herein. FINDINGS OF FACT AND CONCLUSIONS OF LAW - SKINNER PAGE 1 3. That the property is zoned Old Town, which requires a conditional use permit for the operation of plumbing office which the application requests. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT1 Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi- public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the use proposed by Applicant is not a specifically allowed use in the Zoning Schedule of Use Control, 11-2-409; however 11-2-407 D. 1. provides as follows: "When a use is not specifically listed as a permitted use, such use shall be hereby expressly prohibited unless by application and authorization (as provided for under Conditional Use) it is determined that said use is similar to an compatible with listed permitted uses. Such uses may then be permitted as Conditional uses.an allowed conditional use in the R-4 district pursuant to 11-2-409 B. 6. That electronic equipment and supplies, lumber yards, cabinet and door shops, and other similar business are allowed as conditional uses in the Old Town District. FINDINGS OF FACT AND CONCLUSIONS OF LAW - SKINNER PAGE 2 7. That the property is in an area that is being converted from residences to business uses. 8. That sewer and water is available to the property. 9. That the City Engineer did not submit comments but if he does they shall be incorporated herein as if set forth in full herein. 10. That the Ada County Highway District (ACRD) submitted site specific requirements which were that Applicants dedicate 25- feet of right-of-way from the centerline of Ada Street, construct curb, gutter, 4-feet of sidewalk and match the paving on Ada Street with improvements being constructed to a 37-foot back-to-back street section, and constructing one curb cut a maximum of 30-feet in width. 12. That Nampa Meridian Irrigation District, Central District Health Department, and the Meridian Fire and Police Departments submitted comments and they are hereby. incorporated herein as if set forth in full; that the Planning and Zoning Administrator, Shari Stiles, commented that the Applicant is to ensure any outdoor storage and/or trash receptacles are properly screened in accordance with City Ordinance, that the Applicant should prepare a more detailed site plan and coordinate with City staff to ensure parking, landscaping, sidewalk, etc. are in compliance with City Ordinances and should coordinate street and sidewalk improvements with adjacent property owners. FINDINGS OF FACT AND CONCLUSIONS OF LAW - SKINNER PAGE 3 13. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - SKINNER PAGE 4 b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That the comments of the Planning and Zoning Administrator must be met and complied with. 6. The requirements of the Ada County Highway District and the Nampa & Meridian Irrigation District must be met. 7. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform Electrical Code, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - SRINNER PAGE 5 r~ ~~ Fire and Life Safety Code, all parking and landscaping requirements. 8. That the parking must be paved, the landscaping placed, and any outdoor storage and/or trash receptacles properly screened, prior to issuance of an occupancy permit. 9. That the structure on the property must be brought up to all codes prior to issuance of an occupancy permit. APPROVAL OF FINDIN(i3 OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and ~' approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SAEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED /~ VOTED VOTED DECISION AND RECONMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Con lu ons of Law. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - SKINNER PAGE 6 • • ORIGINAL BEFORE TBE MERIDIAN PLANNING AND ZONING COMMISSION CALLISON PARTNERSNIP CONDITIONAL USE PERMIT AT 210 EAST CORPORATE DRIVE MERIDIAN, IDABO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing December 13, 1994, at the hour of 7:30 o'clock p.m., the Petitioner appearing through the Applicant's architect, Leonard Ruff, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for December 13, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 13, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property is located within the City of Meridian; the property is described in the application which description is incorporated herein. FINDINGS AND CONCLUSIONS - CALLISON PARTNERSHIP Page 1 3. That the property is zoned C-G, General Retail and Service Commercial, which requires a conditional use permit for drive through banking which the application requests. 4. That the General Retail and Service Commercial District is described in the Zoning Ordinance, 11-2-408 B. 11. as follows: fC-G1 General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409 B. 6. That the property is in the Central Valley Meridian Corporate Park, in which there are many business located and probable many more to come. 7. That the abutting properties are used for commercial and business. 8. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 9. That sewer and water is available to the property, but the property will have to comply with the commercial sewer and water rates. FINDINGS AND CONCLUSIONS - CALLISON PARTNERSHIP Page 2 10. That the City Planning Director, City Police and Fire Departments, Ada County Highway District (ACHD), Central District Health Department, and Nampa-Meridian Irrigation District submitted comments and they are incorporated herein as if set forth in full. 11. That the site specific requirements of ACHD were to locate the access point on East Corporate Drive at the east boundary, as shown on the site plan having a width of 25-feet, provide a deposit to the Public Rights-of-Way Trust Fund at the District for the cost of a 105-foot median in the center of East Corporate Drive, and direct lot or parcel access to the East First Street is prohibited, in compliance with District policy. 12. That there was no testimony objecting to the application. 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho. FINDINGS AND CONCLUSIONS - CALLISON PARTNERSHIP Page 3 4. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in .the destruction, loss or damage of a natural or scenic feature of major importance. 5. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform FINDINGS AND CONCLUSIONS - CALLISON PARTNERSHIP Page 4 n U Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Uniform Mechanical Code, the Fire and Life Safety Code, all parking and landscaping requirements. 6. That the drive way for drive-in window shall not be used nor for deliveries shall it be allowed to impose or impede on other uses in the area. 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 VOTEDIA- COMMISSIONER ROUNTREE VOTEll I COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RSCOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: APPROVED DISAPPROVED: FINDINGS AND CONCLUSIONS - CALLISON PARTNERSHIP Page 5