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1996 03-12 MERIDIAN PLANNING & ZONING COMMISSION AGENDA TUESDAY, MARCH 12, 1996 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD FEBRUARY 13, 1996: (APPROVED) APA: PRESENTATION OF 2015 TRANSPORTATION PLAN: 2. TABLED FEBRUARY 13, 1996: ANNEXATION AND ZONING REQUEST FOR PACKARD SUBDIVISION NO.2 BY PNE/EDMONDS CONSTRUCTION: (TABLED UNTIL JUNE 11, 1996 AT APPLICANT'S REQUEST) 3. TABLED FEBRUARY 13, 1996: PRELIMINARY PLAT FOR PACKARD SUBD. NO. 2 BY PNE/EDMONDS CONSTRUCTION: (TABLED UNTIL JUNE 11, 1996 AT APPLICANT'S REQUEST) 4. TABLED FEBRUARY 13, 1996: REQUEST FOR PRELIMINARY PLAT FOR THE RANCH SUBDIVISION BY WESTPARK COMPANY: (TABLED UNTIL APRIL 9, 1996 AT APPLICANT'S REQUEST) 5. TABLED FEBRUARY 13, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY WESTPARK COMPANY: (TABLED UNTIL APRIL 9, 1996 AT APPLICANT'S REQUEST) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A VACATION OF EASEMENT BY ROGER ANDERSON: (APPROVED FINDINGS; APPROVED DECISION) 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY ANGELA MILLER: (APPROVED FINDINGS; APPROVED DECISION) 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY KATHLEEN LAWRENCE: (APPROVED FINDINGS; APPROVED DECISION) 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, FUEL ISLANDS, CAR WASH AND DRIVE THRU WINDOW BY AVEST: (APPROVED FINDINGS; APPROVED DECISION) 10. PUBLIC HEARING CONTINUED FROM FEBRUARY 13, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING, LODGING COMPLEX BY WAYNE & KAREN FORREY: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 11. PUBLIC HEARING CONTINUED FROM FEBRUARY 13, 1996: REQUEST FOR A PRELIMINARY PLAT FOR BALLANTYNE-TROUTNER BUSINESS PARK BY JIM BALLANTYNE: (TABLED UNTIL APRIL 9, 1996) 12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 14 ACRES TO I-L FOR OLSON-BUSH NO. 2 SUBDIVISION BY R-2 DEVELOPMENT: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 13. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR OLSON-BUSH NO.2 SUBDIVISION BY R-2 DEVELOPMENT: (TABLED UNTIL APRIL 9, 1996) 14. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR PORKY PARK SUBDIVISION NO. 1 BY RON VAN AUKER: (TABLED UNTIL APRIL 9, 1996 MEETING) 15. PUBLIC HEARING: REQUEST FOR AN CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY CRYSTAL MARTINEZ: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 16. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A LEARNING CENTER FOR 50 STUDENTS BY MILLSTREAM PROPERTIES: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 17. SEVENTH DAY ADVENTIST SITE PLAN REVIEW: • i MERIDIAN PLANNING ~ ZONING COMMISSION AGENDA TUESDAY, MARCH 12, 1996 - 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD FEBRUARY 13, 1996: a'~Pi~v~- 1. APA: PRESENTATION OF 2015 TRANSPORTATION PLAN: 6~ ~yv 2. TABLED FEBRUARY 13, 1996: ANNEXATION AND ZONING REQUEST FOR PACKARD SUBDIVISION N0.2 BY PNE/EDMONDS CONSTRUCTION: '~2fd/~ us~~ ~7cH..e~/~r~46 icef~, asp-e~c~eJtcd 3. TABLED FEBRUARY 13, 1996: PRELIMINARY PLAT FOR PACKARD SUBD. NO.2 BY PNE/EDMONDS CONSTRUCTION: 4. TABLED FEBRUARY 13, 1996: REQUEST FOR PRELIMINARY PLAT FOR THE RANCH SUBDIVISION BY WESTPARK COMPANY: ta~~~ ws~,~,i F~~r y~,~~f~'6f~~j aJ re~ueJ~P~ 5. TABLED FEBRUARY 13, 1996: REQUEST FO A CONDITIONAL USE PERMIT FOR THE RANCH SUBDVISION BY WESTPARK COMPANY: t~61~ uh-tiZ /~pr%~ ~I, /~%6 /h J ar r~~~ef~P~ 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A VACATION OF EASEMENT BY ROGER ANDERSON: (~ prav2 ,< f ~C/L Up/JrpdC dPC/~iou 7. FINDING~OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY ANGELA MILLER: approve f/F ~'`C~/l ctyprvve dPC~:ri'oa".. 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY KATHLEEN LAWRENCE: ~/~p~'ove f/p ~ e/t 4pp~ore G/ C~Ti~ 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, FUEL ISLANDS, CAR WASH AND DRIVE THRU WINDOW BY AVEST: Cc. ~rov-e ~~~ ?¢C~l Ci~~rovP ~CCi:I:e~ 10. PUBLIC HARING CONTINUED FROM FEBRUARY 13, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING, LODGING COMPLEX BY WAYNE & REN FORREY: 11. PUBLIC HEARING CO~INUED FROM FEBRUARY 13, 1996: REQUEST FOR A PRELIMINARY PLAT FOR BALLANTYNE-TROUTNER BUSINESS PARK BY JIM BALLANTYNE: ~a~Q Gc~t~L /-~jril al~~/Grl6 12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 14 ACRES TO I-L FOR OLSON-BUSH NO. 2 SUBDIVISION BY R-2 DEVELOPM ~T: t?~~ atfaY~ie''JJ~'' c"~ f7r~~a~.e ~/ ~ t/~. 13. PUBLIC HEARING: REZ~UEST FOR A PRELIMINARY PLAT FOR OLSON-BUSH NO. 2 SUBDIVISION BY R-2 DEVELOPMENT: t4~le crmt~7 ~n2 ~!?/!°r'~6 ~' 14. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR PORKY PARK SUBDIVISION NO. 1 BY RON VAN AUKER: 15. PUBLIC HEARING: REQUEST FOR AN CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY C YSTAL MARTINEZ: L~~kf rzYlaz,,.eJ fa ,o-~epc..'~ ~~L ~ c'/L 16. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A LEARNING CENTER FOR 50 STUDENTS BY MILLSTREAM PROPERTIES: 17. SEVENTH DAY ADVENTIST SITE PLAN REVIEW: MERIDIAN PLANNING $~ 7gNING COMMISSION MARCH 12. 1996 The regular meeting of the Meridian Planning & Zoning Commission was called to order by Chairman protem Tim Hepper at 7:30 P.M.: MEMBERS PRESENT: Jim Shearer, Greg Oslund, Malcolm MacCoy: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Wayne Forrey, William Humphrey, Susan Kelly, Jim Ballantyne, Lawrence Rackham, Brian Hoff, Dave Roylance, Guy Valentine, Brad Miller, Bill Tokin, Dale Fletcher, Oren Mayes, Pat Nations, Lyle Bear, Crystal Martinez, Shirley Marino, Charles Haacke, Rory Lowe, Robert Polk, K. Lawrence, Helen Sharp, Dale Sharp, Cale and Janette Fletcher, Jadc Green, Dixie Lee Roberts, Ed Doherty: MINUTES OF PREVIOUS MEETING HELD FEBRUARY 13, 1996 Hepper. You have all read the minutes are there any corrections, additions or deletions? I will entertain a motion. Shearer: I move we accept the minutes as written. MacCoy: Second Hepper: Motion made and seconded we approve the minutes of previous meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: APA: PRESENTATION OF 2015 TRANSPORTATION PLAN: Olen: Thank you and good evening, my name is Erv Olen of the Ada Planning Association. Our agency is responsible for developing long range transportation plans in Ada County. The City of Meridian has been a member of Ada Planning Association for a good number of years and your Mayor and one Councilman is a member of the Association Board. Our 2015 Transportation Plan was recently adopted by the APA Board in fact they acted on it on the 26th of February and will be coming to the City of Meridian for your consideration as far as the Comprehensive Plan. What I would like to do is give you a little overview, ten or fifteen minute overview of what is in that document and then some of the specifics for the City of Meridian and then I would be happy to answer any questions you might have or respond to any comments. If I might I would like to use the overhead projector and go ahead (inaudible). The transportation plan is intended to address a number of issues that affect us. When I go to meetings like this almost (inaudible) becoming more and more significant (inaudible). The plan is attempting to address that. (Inaudible) We are looking at the issue of congestion and delay and of course (inaudible) and I can tell you (inaudible) We are looking very closely at the corridor preservation, we have not done a very good Meridian Planning & Zoning Commission March 12, 1996 Page 2 job in the County I don't think in preserving our opportunities for future roadways or protecting the capacity of existing roadways. So there is quite an emphasis on the need to do that. Of course the (inaudible) but work trip is the one that we generally plan for (inaudible) An awful lot of emphasis is being placed on (inaudible) more and more established neighborhood groups and they are getting more and more interested in (inaudible).Of course we have to address that quality (inaudible) for carbon monoxide (inaudible) and that ties directly to the transportation plan. We always have to be concerned about money and how we are going to pay for it. I will address tha# a little bit later. We typically do try to look at (inaudible) less and less of a federal mandate. We do look at the overall travel and (inaudible). Finally and really not (inaudible) probably (inaudible) the public is getting more interested in participating in the process and feeling like they have a voice in the final outcome of our future transportation system. That kind of leads me into my next one (inaudible) I just briefly want to go through the process (inaudible) this 2015 plan. What this identifies basically are three tracks that we follow. Normally we would take this middle track, the public input and educational track, your typical public meetings (inaudible) and that sort of thing. That is typical of most planning processes, we all do that all of the time. But in addition to that we also developed two other parallel processes to involve the public. The one policy (inaudible) community team that is composed of about 100 members (inaudible) and that a community team actually developed the plan. They started with developing the (inaudible) which I will cover a little bit later and (inaudible) they then met and put together the transportation plan itself. (Inaudible) good mix of representatives, we had neighborhood groups there, we had highway user types, we had elected policy officials, many staff and so on involved in that process. Finally the third track that we followed we called random input. This was a rather novel approach something we have not done before. We actually took advantage of the public surveys, several of them to get a sense of what the rank and file feels about future transportation issues. We did those surveys before we developed the vision plan, we had a series of focus groups which is designed to bring a smaller group of random citizens together and let them discuss among themselves what the transportation issues are and out that you do get a pretty good consensus. Finally we did what I would call a post public survey again random that asked the public to tell us what they thought about our recommended transportation plan and I hope to summarize that a little later on. So that is the approach we took, the normal input educational that you almost always do, but in addition the policy (inaudible) it was a very interesting process. The outcome of the plan, basically what is in the plan is a number of different policies. We addressed growth projections, the growth projections that were used were actually developed as the City of Meridian was developing their comprehensive plan. I know Mr. Forrey sat on the committee and (inaudible) reflects the demographic projections that were used. In addition a major study was going on called the Bench Valley study in western Boise that also massaged some of the growth estimates for some amendments that the City of Boise was considering those were taken into account as well. We looked at policies on travel Meridian Planning & Zoning Commission March 12, 1996 Page 3 forecasting though (inaudible) what kind of levels of service we were willing to accept and that kind of thing. We identified what we classified as functional classification but maybe it would be better describing it as a collector and arterial system. We need to look ahead and identify those roads that are intended to carry thru trips versus those roads like the local subdivision streets that are intended to simply serve the local developments. We need to look at our capital needs, both quantifying the cost of things and what the kinds of improvements to the system need to be made over the next 20 years to accommodate our projected traffic demands. There is a commitment in this planned and regional transit, I think the next line addresses that. There is a lot of interest in looking at regional transit for the public, when we say regional we don't stop at an arbitrary line, this actually does include parts of Treasure Valley. There is is some (inaudible) provision for pathway for any street improvements not just selected corridors. Funding strategies were addressed in the plan, how we are going to pay for all of this. It is going to require some additional funds. (Inaudible) how do we soften the impact of future transportation on (inaudible). The starting point for our plan is what we described as the vision statement and there were six visions that were developed. That basically (inaudible) the first of those said that the transportation plan is (inaudible) not the other way around. We look at the growth plans of the various entities and then we develop the transportation plan system to support that growth. Describe the need to look at regional (inaudible) it does address of course the (inaudible) So the first vision really ties in with the comprehensive plan (inaudible). The second one is really a combination of what started out as two vision statements but it acknowledges that the general public in Ada County Idaho want to (inaudible) that is what the people are telling us that is what they want to do in this County. However, there is a long term goal for akemative transportation of 25°k. In the 1990 census the estimate was about 17% the latest measure we had was about 19%. So it is an increase and (inaudible) but it still means that 3/4 of the trips are going to be people who drive and the plan seeks to accommodate those. It also talks about practical services offered in private sector involvement and helping to develop our transportation system (inaudible) they have agreed to pick up half the cost of that about (inaudible). It talks about, the vision talks about financing, basically it says that there is support more using user fees for transportation and to not take existing funding sources and apply them to transportation but rather to identify those sources of funds that would (inaudible). The plan (inaudible) smoothly and safely but we do need to protect neighborhoods by ensuring that future improvements are compatible with adopted plans etc. There are an occasional arterial that does have that is oriented to residential use that we simply are going to have to bite the bullet and make the decision to get on with developing those arterials. But in almost every case we can protect the integrity of those neighborhoods that are not on the major arterials and the plan seems to address that. We tried to strike a balance. Long term transportation options for preserving future right of way is (inaudible) and really a strong theme in the transportation plan. This is a kind of beyond 20 year vision. This says that over the next 50, 60 years whatever we need to think ahead and protect the future corridor Meridian Planning & Zoning Commission March 12, 1996 Page 4 needs that we are going to have. If we do it now we are going to save an awful tot of time and effort and trouble some time in the future. Finally there is a provision in the vision statement to look at mitigation when we talk about mitigation it is really more landscaping, buffering, softening the impact of the developing new or expanding transportation corridors. This is a schematic that identifies the provisions in the plan to look at regional public transportation service. Basically the plan identifies urban transit type services in the Boise Garden City area in the City of Meridian and the Nampa Caldwell area. The other communities served by the system Eagle, Middleton, Kuna basically would probably be more oriented to very limited bus, probably van pool service initially and maybe some commuter bus service during the (inaudible). The plan envisions 140 to 150 buses to serve that eventually. It would provide !/2 bus service in most of the urbanized areas of the two county area. It would require some additional funding. What the plan recommends in order to do that additional funding is to follow the examples of Portland, Oregon, or Reno, Nevada, Spokane, Washington, Denver, Colorado and many others to identify either a sales tax or an employee tax increase. We have estimated that in order to provide the type of system envisioned in this plan it would require less than 1/2°k sales tax to accommodate that. It would also require that a regional transit authority be developed to provide that service. Now I think that those kinds of visions or provisions in the plan are probably a little longer term. The public is not read to support that (inaudible). 1 think that is what we ought to be looking at in the future and start planning now for a regional focus for public transportation. We have been working with Nampa, Caldwell and Middleton and the rural highway districts in Canyon County and they have also been looking at this kind of a future transit system. So it is time to look regionally and time to envision an expanded transit system (inaudible). Of course the plan also looks at the traditional road system basically it identifies future existing and proposed arterial (inaudible) again it really doesn't stop at the County line (inaudible) the need to maintain continuity between Canyon and Ada County with an arterial system. It would make no sense at all for Ada County to identify an arterial that stops at the County line and have Canyon County maybe pick one up maybe a mile or two off set. So we have been working again with the folks in Canyon County to see if we have agreement on where these interconnections need to occur to ensure that there is continuity. The arterials that are designated in the plan are intended to first of all preserve the corridors that are ident~ed for future expansion and to eventually expand the arterial system to handle future travel demand. So that is kind of the schematic. (Inaudible) the plan addresses some additional corridors that need to be studied. One of those corridors is the Pine Street corridor that eventually will connect to Emerald Street in Boise, that is provided for in the plan. Another corridor is what is commonly called the south interstate bypass and that would take off somewhere around that new (inaudible) and there are two thoughts about that. One would be a short bypass and would tie back in somewhere between Meridian and Nampa. And the long bypass might go all the way south of Nampa Caldwell and tie back into the Interstate west of Caldwell. That is provided for in the plan as well. We will have to look at that. In addition to the arterial Meridian Planning & Zoning Commission March 12, 1996 Page 5 connections I did want to talk about some of the specific projects that are identified in the project for the City of Meridian particularly the roadway projects. We started with a list and I think you each received this list that identifies projects that are currently in the six year budget either at the State or the Ada County Highway District. We consider those committed projects. There are five of them listed there with a total estimated cost of about almost $13 million. Those are intended to be developed (inaudible) over the next five or six years. The second list is a list of four projects that are identified that are recommended for construction within the next 20 years. They are currently not in existing budgets, they have an estimated cost of almost $28 million. Those build projects are what the plan envisions as needed improvements and capacity expansion if you will to accommodate future travel demands in and through the City of Meridian. Then the final list is identified for basically preservation only. Those projects would be evaluated every three years we have to update our plan, federal mandate. So each of those are listed there in the preservation category will be reevaluated at least once every three years to see if their status needs to be moved up. We did estimate the cost of those projects, there are quite a few listed there, about almost well $57. So for the city of Meridian we are identifying almost $100 million worth of road improvements that will be needed sometime in the future. That is the essence for the plan in the City of Meridian. With that I would like to stop and see if you have any questions or comments about this plan. You will be receiving it the next few weeks and that is incorporated into your comprehensive plan. This is a chance to give you an opportunity to find out a bit more about it. If you have any questions I would be happy to answer them. Hepper: Any questions? MacCoy: I think he has answered one already about the fact that it is reevaluated every 3 years. I see some of these that are down for 20 years away, after living in this area I think they (inaudible) personally or collectively (inaudible) I think what we ought to do, I would like to meet with you and go through some of these in detail. Olen: Certainly, I would be happy to. Our crystal ball is like everybody else we look at growth and where we are expecting it to occur. I think this opportunity to review this at least eery 3 years allows us a chance to regroup and see where the group really has occur ed and revise this when and if necessary. If something really came up it could be done sooner, there is not prohibition there. Thank you, any other questions? Hepper: I had a question, you talked about preserving corridors for future widening of projects, how do you go about preserving those corridors? Olen: Well, there are a number of options, we talked with with State Highway District a bit about that. One might be to develop a fund, that allows for first right of refusal when a Meridian Planning & Zoning Commission March 12, 1996 Page 6 development comes in. That is basically the opportunity to acquire the right of way before a property develops. Other ways of doing that would be through the review and development process as developers come in that if they are adjacent to the roadway the negotiation process for that could include acquiring the right of way or preserving the right of way making sure they don't put in any major improvements in what would be the future right of way. The Highway District's impact fee program there are opportunities to negotiate that, they actually have been doing that. With few exceptions I think we are beginning to catch the needs as developments come in rather than after the fact. Those are basically the two ways. There will either be an early acquisition there is a lot of public support for actually putting some budget funds aside to acquire future rights of way when the opportunity is there, you actually save money in the long run. Hepper: Anything else? Thank you ITEM #2: TABLED FEBRUARY 13, 1996: ANNEXATION AND ZONING REQUEST FOR PACKARD NO. 2 BY PNE/EDMONDS CONSTRUCTION: Hepper: We have actually received a letter from them requesting that be tabled until June. So I guess we need a motion. Shearer: Mr. Chairman I move that we table that until the regular June meeting, the 11th. MacCoy: Second Hepper: Okay, we have a motion by Commissioner Shearer, seconded by Commissioner MacCoy to table until June 11th, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED FEBRUARY 13, 1996: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: Shearer: I so move MacCoy: Second Hepper: Okay, we have a motion by Commissioner Shearer, second by Commissioner MacCoy to table the preliminary plat also until June 11th, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian Planning & Zoning Commission March 12, 1996 Page 7 ITEM #4: TABLED FEBRUARY 13, 1996; REQUEST FOR PRELIMINARY PLAT FOR THE RANCH SUBDIVISION BY WESTPARK COMPANY. Hepper: Do we have a representative of the applicant? Forrey: Thank you Mr. Chairman, my name is Wayne Forrey and Greg Johnson the owner of Westpark Company couldn't be here tonight and he asked me to hand deliver a letter to the Commission. It is a short letter, I would like to read it into the record. I have a copy for every commission member would that be alright? Thank you. I will read fast Mr. Chairman, it is addressed to the Meridian Planning and Zoning Commission. "Dear Commissioners, during the last 17 months we have been working very hard on the Ranch formerly known as Highlands Ranch Subdivision. This is a planned development community for the City of Meridian. Due to the many requirements by various government agencies a large portion of this project is no longer feasible to develop. The Westpark Company hereby withdraws the property east of the Ridenbaugh Canat to Eagle Road from the Ranch Subdivision annexation and platting request. We have decided to continue platting the Ranch Subdivision as a planned development community for only the property which is west of the Ridenbaugh Canal to Locust Grove Road. This request will follow all planned development requirements and will follow the preliminary plat drawings you have already reviewed with very few minor changes. The minor changes include increasing lot sizes, eliminating the attached town homes and securing a second road access to Victory Road. 10°h of the property will be in usable open space included as part of our planned development as required. We request that you table action on the Ranch Subdivision to your April 9, 1996 Planning and Zoning meeting so we can sit down with your staff some time during next week and review our plat drawing to make sure we have met all staff and City requirements. We ask that we be placed on your April 9, 1996 agenda for approval of our preliminary plat. By withdrawing property from our annexation and platting request we have been assured taking this action does not constitute submitting new applications to the City of Meridian. We plan to continue with our current applications with the provisions and understanding that we are withdrawing property from the total project. We look forward to working with you and your staff in the coming days. We also look forvvard to a recommendation for approval from the Planning and Zoning Commission at your April 9, 1996 Commission meeting. Thank you, Greg Johnson, Managing partner, Westpark." I would be happy to answer any questions that I can Commissioners. I hope this letter explains and you can understand east and west of the Ridenbaugh Canal. Hepper: Any questions? Crookston: Do you know how this changes the proposed plat for the property that is west of the Ridenbaugh? Meridian Planning & Zoning Commission March 12, 1996 Page 8 Forrey: I do, I don't have a copy with me. I saw it this afternoon and I think it is generally, you would agree it is an improvement. It is closer to the findings of fact and conclusions of law that were prepared at the annexation stage in that there are larger lots, no attached residential. We don't have the benefit of Gary Smith's input, Shari Stiles' input so we thought the best thing to do was to table it and sit down with staff and let everyone have a good look at that prior to your next meeting. I have a copy in my office but it is not yet finished from the engineering firm. 1 know there are still things that need to be placed on that plat. Crookston: It may require an additional public hearing on that. Forrey: I understand, we were hoping it wouldn't constitute a totally new application and a new fee that we could continue the same file so to speak. Crookston: I suppose until we see it the Commission won't know. Forrey: I understand, thank you. Hepper: This is not a public hearing so I will entertain a motion. Oslund: Mr. Chairman I move we table this item until the next regular meeting in Aprif which would be April 9. MacCoy: Second Hepper: Okay we have a motion by Commissioner Oslund to table to April 9, second by Commissioner MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED FEBRUARY 13, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY WESTPARK COMPANY: Hepper: I would assume that number 5 would be the same thing. Oslund: I also make a motion for item #5 to table to the 9th of April. Shearer: Second Hepper: Okay we have a motion to table to the same date April 9th by Commissioner Oslund and second by Commissioner Shearer, all those in favor? Opposed? Meridian Planning & Zoning Commission March 12, 1996 Page 9 MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A VACATION OF EASEMENT BY ROGER ANDERSON: Hepper: We have the findings of fact are there any corrections, additions or deletions? MacCoy: I make a motion that the Meridian City Planning and Zoning Commission hereby adopts and approves these findings. Oslund: Second Hepper: We have a motion by Commissioner MacCoy and seconded by Commissioner Oslund to approve the findings of fact, roll call vote. ROLL CALL VOTE: Oslund -Yea, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea Hepper: Do we have a decision or recommendation? Oslund: Mr. Chairman I move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the vacation of the sewer and water easement at 75 W. Taylor Street. Shearer: Second Hepper: It has been moved by Commissioner Oslund, second by Commissioner Shearer to approve the decision and recommendation, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY ANGELA MILLER: Hepper: We have got the, was there a revised copy? Crookston: There was, I made some minor changes, but the findings were totally reproduced. Hepper: I don't believe I have a revised copy. Does anybody have any discussion, Meridian Planning & Zoning Commission March 12, 1996 Page 10 corrections or additions or deletions? Entertain a motion. Shearer: Mr. Chairman I move the Planning and Zoning Commission hereby approves and adopts these findings of fact. Oslund: Second Hepper: We have a motion by Commissioner Shearer, second by Commissioner Oslund to approve the findings of fact, roll call vote. ROLL CALL VOTE: Oslund -Yea, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea Hepper: Decision or recommendation? Shearer. Mr. Chairman I move the Planning and Zoning Commission hereby recommend to the City Council 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 or similar conditions as found by the appropriate, just~ed and appropriate by the City Councl and that the property be required to meet the water and sewer requirements, fire and life safety codes and other ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Oslund: Second Hepper: We have a motion by Commissioner Shearer and seconded by Commissioner Oslund for the decision and recommendation, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY KATHLEEN LAWRENCE: Hepper: Are there any corrections, additions or deletions? Counselor, on page 8, item F, is that worded correctly that the conditional use should not be permitted or restricted, it should be restricted? The item says that the conditional use should not be restricted to operating only from 7 A.M. to 6 P.M.? It seems like the discussion at the time was that it should be restricted. Meridian Planning & Zoning Commission March 12, 1996 Page 11 Crookston: That "not" needs to be removed Mr. Chairman. Hepper: Is there any other discussion? Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopt and approve these findings of fact and conclusions. Shearer: Second Hepper: With the deletion of "not" on page 8? Oslund: Yes Hepper: It has been, a motion by Commissioner Oslund, second by Commissioner Shearer to approve the findings of fact and conclusions of law with the exception on page 8, roll call vote. ROLL CALL VOTE: Oslund -Yea, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea Hepper: Decision or recommendation? MacCoy: Mr. Chairman I would like to make the decision or recommendation 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 or similar conditions as found justified appropriate by the City Council. That the property be required to meet the requirements stated in the conclusions of law, the water and sewer requirements, the fire and life safety codes, uniform fire code and the ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Oslund: Second Hepper: Its has been moved by Commissioner MacCoy and second by Commissioner Oslund to approve the decision and recommendation, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL US Meridian Planning & Zoning Commission March 12, 1996 Page 12 PERMIT FOR A CHEVRON C-STORE, FUEL ISLANDS, CAR WASH, AND DRIVE THRU WINDOW BY AVEST: Hepper: Are there any additions or deletions or corrections? (Inaudible) Hepper: Apparently we have a revised page where the word maintain has been changed to obtain on page 8, item 7, the last word. Do we have a recommendation on the findings of fact? MacCoy: Mr. Chairman, I recommend that the findings of fact and conclusions that the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Shearer: Second Hepper: It has been moved by Commissioner MacCoy and second by Commissioner Shearer to approve the findings of fact, roll call vote. ROLL CALL VOTE: Oslund -Yea, Shearer -Yea, MacCoy -Yea MOTION CARRIED: All Yea Hepper: Decision or recommendation? MacCoy: Mr. Chairman, the decision or recommendation of the Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council 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 Hepper: Motion by Commissioner MacCoy, second by Commissioner Shearer to approve the decision and recommendation, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING CONTINUED FROM FEBRUARY 13, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR A SENIOR CITIZEN BOARDING, LODGING COMPLEX BY WAYNE AND KAREN FORREY: Meridian Planning & Zoning Commission March 12, 1996 Page 13 Hepper: Do we have a representative? Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the City Attorney. Forrey: Mr. Chairman and members of the Commission I have some slides I would like to show can I switch projectors here for just a minute? Thank you, Commission members my wife and I are really excited about this project. We have applied for a conditional use permit for an elderly planned development general residential project here in meridian. It involves 114 units of elderly housing and a retirement style type campus. It is located on East Pine Street in the area near Locust Grove but it is actually about 1 /4 mile West of the Locust Grove/Pine Street intersection, it is right up next to Five Mile Creek. It is actually where you leave the platted portion of the edge of the City and then it is into a grain field right now. There is a tremendous need we have discovered in the City of Meridian. My grandparents live in Meridian and have many family members over the years getting older and in the search several years ago for a retirement center for both of my grandfathers it really became apparent to us that there was a real good need in Meridian for a good elderly retirement center. In fact even though we haven't formerly introduced this to the public just the fact that it was noticed in the newspaper has generated phone calls primarily from elderly ladies wanting to be placed on the waiting list to live here. So we know there is just a really great need. Our site plan includes extensive landscaping and I will show you some of that tonight. We have extensive buffers and very sensitive to the neighbors. It is, my wrfe and I are purchasing 12.75 acres, it goes from Pine street all the way south to the rail road tracks. We are only proposing the front 5 acres to be used in this planned development project right up next to Pine Street. We have addressed all of the City and agency comments and I have a letter that I would like to give you tonight that confirms how we address each of those items. We don't have any negative impact on schools and I think that is important. Our budget for this project is $8.3 million and that is the value that would be added to the communities tax roll so that is a positive impact on the schools not negative. The employment that we are projecting is 10 to 12 professional paid staff. The planned development requirements in the City stipulates 10°!0 open space but we are proposing 20°k and that is based on research and conversations with seniors that want more of a campus environment, a security feeling and that required more setback and landscaping. We anticipate starting construction in the winter of 1996 or early 1997 and opening in Fall of 1997 and let me just walk you through a few slides to punctuate a few points. Then I will go through the staff comment letter. This is actually the site plan showing the four buildings. Erv Olen was here first on the agenda about transportation, even though we are not required to, this is hard to see but on Pine Street right across the intersection of Stonehenge Way we are planning a bus stop. We think someday there is going to be bus service or van/pool service in Meridian. At our expense we have agreed to construct that bus stop. One of the things that is really important to us is how Pine street looks and we envision a very extensive setback and berming, intensely landscaped area Meridian Planning 8 Zoning Commission March 12, 1996 Page 14 long Pine. The City asked us to reserve a 20 foot landscape strip we are proposing 35 feet, it is that important to us. Five Mile Creek touches the northwest corner of this property and we are working with Nampa Meridian Irrigation District on a second license agreement. We already have one to use the easement but we want to really landscape and put a pathway along Five Mile Creek on our side of the creek with benches, an overlook area and hand rail. We are negotiating a license agreement with the irrigation district to do that. We envision lots of outdoor garden areas, flower beds, raised with benches and hand rails to enjoy the outdoors especially along the Five Mile Creek area. We are anticipating that we would raise the floor elevation above existing grade probably 2 to 2.5 feet so on the patio areas you would have, they would be elevated above existing grade and there would be berming and slope and hand rails (End of Tape) so it is a terrace effect. That I think will make a very nice outdoor area. The entrance the substantial monument entrance with good landscaping. This is an architectural concept for the two main buildings on the campus buildings A and B. They are L shaped building and that is building pad A and B. Parking is central, we envision an on site maintenance, 24 hour shuttle van service, property management, contracting with professional management company for the operation of the center and the campus and the maintenance. We feel really good about this project and using the site wisely. The City had several comments from staff and from the different agencies. 1 have addressed each of those in a letter and I would like to hand it out to you. That is all the slides, you can turn the lights back on. I am very flexible I can read each one or I could pick a few key highlights. You will note in there where we were asked to do something we said we would or we have indicated that we agreed with the comment. I would ask that you incorporate this letter into your findings of fact and conclusions of law. We have also asked for a development agreement and would like you to incorporate this letter. One of the things I indicated we would do for Builders Masonry they submitted a letter indicating they were concerned about the compatibility of an elderly center in the proximity to their business. We are about 1/5 mile away from Builders Masonry, a little over 1100 feet away. Because of their concern and I understand their concern I wrote a letter to Builders Masonry indicated that at our expense we would construct a sound barrier wall on our south property line, our extreme south property line which is right next to the railroad tracks. I have a copy of their letter, a copy of my response and then a copy of their second response which indicates that we are moving in the right direction and they feet that given some time we should be able to work this out as Tong as we respect their business and we certainly do. We feel really good about this project and hope that you approve it. It is a substantial project for our family and substantial project for the City. We are ready to proceed if we get approval. I would be happy to answer questions. MacCoy: On your property you said (inaudible) Forrey: No in fact that was another item Builders Masonry brought up. They were worried Meridian Planning 8 Zoning Commission March 12, 1996 Page 15 that if we developed the front five acres that we would then move more residential closer to the rail road tracks and closer to their business. I stated in writing and I have it in here that we would not do that. In fact I would ask you in a development agreement to put a restriction on us that this would be the end or limit to this use. The rest of that would be business uses, office and business park on the balance of the property between this and the rail road track. Hepper: Where would the access to that office and business park come from? Forrey: A continuation of Penrith Avenue and possibly the neighbor to the east is developing a business park and we have talked about a possible stub street coming out of that business park and linking up with Penrith Avenue. Hepper: So Penrith would not be a private drive? Forrey: No, public, it would be 58 feet right of way. That is something that the Highway District asked we do and we agreed to that, all public. Oslund: The whole site there then is one continuous site (inaudible) involved with this one facility? You are going to have a public street that bisects that? Forrey: Yes Oslund: I appreciate the fact that you are working with Builders Masonry Products, if you intend to put in seven acres of what would most likely be a transitional use between this and them I guess I fail to see what that wall is going to do? When you come back some day in the future standing at this site you wont' even see (inaudible). Forrey: I have to answer this way, the conditional use process is a good process because it allows people to raise a concern and it gives the applicant a chance to address the concern. Builders Masonry raised a concem I think I have addressed. They are concerned that sound will penetrate from their site into our site and so I have said I am willing to build a sound barrier wall even though this is about 700 feet away from the nearest living unit, 700 feet south it is a negotiation process. I think we ought to look at. I firmly believe in good cooperation and balanced development so 1 am willing to do that and I have stated it in writing. I know that someday it will lose its effectiveness. Oslund: An alternative would be to and having designed noise barriers before for highway projects it seems to me, now I am getting involved in your project and I am just telling you this to tell you what I think. A wall along this development closer to this development would make more sense in terms of mitigating noise and it would also be compatible with Meridian Planning & Zoning Commission March 12, 1996 Page 16 the future because it might be a good idea to have a wall between this development and what ultimately will be a business use. Forrey: I absolutely agree and would prefer to do that. My meetings with Builders Masonry said they would prefer to have it closer to them right at the rail road tracks. That was something that we agreed we would consider? MacCoy: (Inaudible) Forrey: Well right now the estimate that I have is $25,000 so I really would, I don't know. I don't want to have to go put that in first before I build any buildings. 1 would like to be able to build that with the first phase and not have to build it first and then get the building permit. I would like to get it at the same time of the building permit for building A is accomplished. MacCoy: You don't' know what it is made of? Forrey: It says in the letter that we are looking at four different materials and we have had an engineer look at it for us a double pane wood insulated wood, insulated fiberglass, insulated metal or cinder block. Those are the four options that we are looking at. MacCoy: (Inaudible) following Greg's Forrey: And visual as well, sound and visual. MacCoy: Following Greg's viewpoint which I agree with, would you consider on you south edge of doing more in the way even though you have the barrier wall at the rail road tracks the separation between this and the rest of our property there would you consider more trees, more shrubs or mounding which would give you another a secondary barrier if you please? Forrey: Yes we certainly will, I would prefer to move that sound wall right up to the south edge if Builders Masonry could live with that I would like to do that. MacCoy: (Inaudible) Forrey: If you read your letter MacCoy: We haven't had a chance to so far. Oslund: I don't know maybe I am missing something but we are approving the project and i • Meridian Planning & Zoning Commission March 12, 1996 Page 17 the Council is approving the project what is their connection. If we approve something different than what they like is that a problem for you? Forrey: No it is just that they are a neighbor and I want to get along with them. Oslund: I really, in terms of, if the idea is to mitigate the noise for the folks that are going to live there I don't really feel song far the people over at Masonry, noise is a way of life that is not what we are interested in. If the object is to reduce their noise exposure then to me either a berm or a wall needs to be as close as we can get it to them the receptor to be most effective. Forrey: That is my preference too. MacCoy: (Inaudible) Shearer: Heavy trees back by that rail road track would probably help kill an awful lot of sound. Forrey: We have irrigation there as well, we have an irrigation line back there. So that entire south has the Grouper lateral, so it is possible. Hepper: Wayne, what is one the east and west of your project? Forrey: That is tilted, looking up is also looking to the east. So right up next to Pine Street where you see the dimension 110.70 and 64.30 that is a single family home owned by Mr. and Mrs. Collins, it is that nice single level brick home that you see on Pine. On the north side is Maws Addition Subdivision and Danbury Fair Subdivision. On the west side are existing homes, some of them are on one acre lots and some are on two and three acre parcels. It is residential on the west side. Then, behind the Collins home along our east boundary is property owned by Yanke Company and they are proposing a business park in that area. Hepper: What is the zoning on that? Forrey: Light Industrial. Hepper: Do you see any way that your project could cause an impact on their, cause them to do additional things to their property so their industrial zoning wouldn't impact yours? Forrey: No and I have discussed that with Mike Ford and they shouldn't be required to do anything different than the ordinance allows. We should be buffering not them. We agreed Meridian Planning & Zoning Commission March 12, 1996 Page 18 to that. Hepper: I wanted to make sure that you are putting in sufficient buffering to buffer yourself from an industrial zone that is next door not requiring them to do it when they come in. Forrey: No I understand you ask Gary Lee of JUB we have had that discussion, they should just do everything they can to have a nice business park and not worry about the back lot line we will take care of that. It is a little hard to see maybe on the copy you have but some of that is the Snyder Drain easement and our license agreement we already have permission to landscape that with grass and flowers but we want trees along there so that is going to require a second license agreement which we are working with Nampa Meridian so I can put that buffer in there and use that easement. We will do that (inaudible). Hepper: Is there some way of wording that in the findings or something that you would (inaudible) give up the right to contest any noise that might be generated by a next more industrial zone or you enter into this with full knowledge that there is an industrial zone next door and you won't complain about it. Forrey: Absolutely, we intend to have an office and then business on the south part of our property that is compatible so yes we absolutely agree to that. Hepper: Any other questions? Thank you Wayne, this is a public hearing is there anyone else that would like to testify? William Humphrey, 939 East Pine, was sworn by the City Attorney. Humphrey: I have some concems as far as the ditch, if I may use this graph over here, you have an area there that is the creek enhancement area along Five Mile Drain ditch there, my concerns are, I have been in contact with the ditch company, Nampa Meridian irrigation and to my understanding there is a 50 foot easement there that the ditch (inaudible) what your plans are. Are you going to use that easement or are you going to stay outside that easement or and also to the back of the (inaudible) people that are involved in the lodging there (inaudible) rise and fall according to the weather. I do have some concems about that as far as the people, elderly people accessing the creek, it wuld be a safety hazard in that aspect. My other concems are that the fact that the Grouper Lateral that runs along the property line there also that is a 20 foot easement or setback there and at this present time the ditch company has been cleaning that lateral and for the past 15 years or longer they have been putting dirt on my property as well as the neighbors property. I wondered if that was going to continue orrf you are going to take part in that dirt being distributed. (Inaudible) probably those are my most concerns there I just • • Meridian Planning & Zoning Commission March 12, 1996 Page 19 wondered what the stand was on that as far as the enhancement area now. To my knowledge I have talked, I have entertained the thought of building on my own property there and as far as the ditch company is concerned 50 foot from the middle of that ditch is just about in the middle of my property there, easement. So that kind of eliminates me building there. I am just kind of wondering where we are at on that. Those are pretty much my concerns if you can address that I would appreciate that. Hepper: Okay when we get done we will give Wayne a chance to come back up and address those. Anyone else? Okay Wayne would you like to address that? Forney: Thank you, building A is the and also Building B are the closest buildings to the Grouper Lateral, it flows along the West boundary from the rail road tracks north of Pine Street. I am aware of the easement, a portion of the Five Mile Creek easement in the northwest corner of the property and Building A and B are not within those easements. I purposely kept those buildings away. In the license agreement that we have we have been informed that we can grass and sod those easements. The license agreement says we are not to plant trees of it we do they can be taken out by backhoes. So we went to Nampa Meridian Irrigation District and said we really need to plan trees in there to dress that up and make that an amenity. The creek can be very beautiful right there so we want to make it safe but also visually very nice to the residents. Not access to the Creek like the waters edge but a nice bench and a pathway far enough that it is safe but also just relaxing just to sit there. Now under that condition Nampa Meridian said you are going to put a park bench in our easement and some trees and an asphalt pathway and we said yes and they said well you need a second license agreement and you need to accept the liability if we go in and have to do any work and we are willing to do that. My letter mentions that and we have an attorney preparing that language right now. It is in our best interest to improve that creek not to upset the Grouper lateral in any way, that feeds the pressurized irrigation in Danubury Fair, it is the same water we will take our pressurized irrigation off with our water right. So we will protect and maintain the Grouper lateral, we will work with the creek and subject to that license agreement with Nampa Meridian. We are not proposing any buildings in that easement. Hepper: Is there a maintenance road down there on one side of the ditch? Forney: Yes and it is on our property, a portion of it is. Hepper: Would you be covering up that maintenance road with sod? Forney: Yes we are proposing to do that but t hey will still be able to use it. We will work that into the landscape the concept there. They will have access but they will be driving over sod. So we are going to make sure the Grouper lateral stays nice and clean and r • • Meridian Planning & Zoning Commission March 12, 1996 Page 20 (inaudible) we are not going to ignore it and just put it out of mind and tet it be messy, we have to work with those amenities. That is our concept, it might change because the irrigation district, they are kind of tough to deal with, but we are going to try. Hepper: Any other questions? Thank you, this is a public hearing is there anyone else that would care to testify? if not I will close the public hearing, this requires findings. Shearer: Mr. Chairman I move we have the Attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Hepper: It has been moved by Commissioner Shearer, seconded by Commissioner MacCoy to have the attorney prepare findings of fact and conclusions of law Oslund: Can we have some discussion on that before we take a vote? We can have discussion on a second right. I guess instead of waiting until the next meeting I would like to see in the conditions that barrier be placed at the property of this development rather than way over there by the rail road tracks. That would the only thing I would like to see in there Crookston: The south boundary of this project? Oslund: That is correct, and maybe, I don't recall what the distance was or the width of that landscaped area but in addition to that wall possibly a six foot wall combination with a berm or something. Hepper: Do we need to amend the motion? Okay, we have a motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING CONTINUED FROM FEBRUARY 13, 1996: REQUEST FOR A PRELIMINARY PLAT FOR BALLANTYNE-TROUTNER BUSINESS PARK BY JIM BALLANTYNE: Hepper: Is there a representative? Wayne Forrey, 3045 Thayen Place, Boise, was sworn by the City Attorney. Forrey: Mr. Chairman and members of the Commission, Jim is a good friend, met him Meridian Planning & Zoning Commission March 12, 1996 Page 21 many years ago. He has owned this property in Meridian since 1971, it is on West Franklin Road, if you visualize Hoff Lumber or Hinckels McCoy, Meridian Veterinary, it is right across the street from Hoff Lumber nestled between Hinckels and McCoy and Meridian Veterinary clinic and then it goes south about 40 acre ownership. I think you are familiar with this property, about, it has been about 8 months ago we came before the Planning and Zoning Commission. Let me back up, you may recall the Troy Green proposal where this was planned to be a mobile home park and that was ultimately denied by the City. Jim rethought how to develop that ground, we came before the City with a business park concept of limited office and C-G commercial general zoning. The Planning and Zoning Commission passed on a favorable recommendation to the City Council for annexation. We got in front of the City Council and they felt good about the project but they said it is not our policy to see a preliminary plat before we will take final approval on annexing new ground into the City. So the City Council said go back and start with a preliminary plat which we did during Christmas time and submitted in January and now we are on the agenda for a preliminary plat. For discussion purposes it is referred to at the Ballantyne Troutner Business Park. I also have a letter with a map attached let me hand that out. Let me show just a couple quick slides so I can acquaint you with this area. This is looking west on Franklin Road, off to the right you see Hoff Lumber and in the foreground is Meridian Veterinary clinic. We are just now starting to get to the Ballantyne property as you look west. The Master Roto Rooter is on Franklin and Jim's property is behind the Mater Rooter property, this property fronts on Franklin and Jim has the 37 acres immediately behind this property, it is pretty common to see there on Franklin Road. This is his frontage on Franklin Road, it is 238 feet wide, it currently has that for sale sign on it and I am standing right now in about the parking lot of Hoff Lumber at their administrative office looking across the street to the south. In the background you see those metal buildings and some construction equipment that is the Hinkels and McCoy contractors yard. That fence you see now and that power line there that is the common property line between Jim Ballantyne's ground and the Hinkels and McCoy. This is where we would plan the entrance into the business park right across the street from the Hoff Forest Products. When we came in for annexation there was some discussion with the Planning and Zoning Commission and with the City Council about a 50 foot access easement through the Norm Fuller property coming out to Meridian Road. We have adjusted that easement with Norm Fuller's input and approval so that this is actually where that 50 foot easement is. I am standing on Meridian Road and directly behind me is the access road to Godfather's Pizza it is Thomas property they are currently developing right now. So future connection all lines up and all of that has been taken care of. It is shown on the plat that way. Here is a copy of the plat that you have, up at the top there is the entrance off of Franklin Road coming into the park. The Eight Mile Lateral courses diagonally through the property, we propose to relocate that lateral. It is a major expense but it opens up the interior and makes a very nice business park. We are right next to Franklin Square Subdivision, we have planned a 35 foot landscape strip next to Franklin Square Meridian Planning & Zoning Commission March 12, 1996 Page 22 Subdivision to be permanently landscaped. Those folks that are familiar with Pennwood, it currently dead ends but we are proposing that it extend and this is the little street on the south here coming out of Franklin Square subdivision and coming east into Jim Ballantyne's property. Corporate Drive which is shown and generalized here on the bottom of the plat, is a future road that the Highway District is planning in Meridian. So this property is going to be part of that Corporate Drive extension with at least two access points. The easement that you see going out to Meridian Road that is the 50 foot easement through Norm Fuller's property that we have adjusted and it lines up with the Thomas property over to East 1st Street by Godfather's Pizza. We propose that Barret Street not go through that we put a hammerhead turnaround right there that is based on input from the neighbors that didn't want Barret to go through. Some neighbors probably don't want Pennwood street to go through and it really doesn't matter to Jim Ballantyne but the Highway District has told us that they want Pennwood to make a connection into this property and ultimately south down to Corporate Drive so that you can come out of Franklin Square Subdivision and over to Meridian Road without going north up to Franklin, that is the way you have to do it now. So it opens up better access. Most of those lots are about 7/10 of an acre to about one acre, that is the size that we are finding a lot of interest in. In fact lot 1, block 1, right at the top by the entrance of Franklin Road, right across the street from Hoff Lumber Jim has already sold that property and he has used a one time lot split in the County and that is going to be the new Meridian office of the United States Department of Agriculture, the new USDA office building that is going to set a real nice tone coming into the business park. All of block 4 which is the property next to Franklin Square subdivision and all of block 5 we are proposing to be zoned L-O limited office as a transition to that neighborhood. The balance of the property would be zoned C-G and would be for business use, office and office warehouse. We have addressed all of the City comments in the letter, there is a map in there as well, reduced copy of the plat. I would be happy to answer any questions. Jim Ballantyne is here as well if we have some questions for Jim he can help answer. Oslund: Question for you, the signalized intersection that you are showing, the T intersection of 5th Street and Franklin, you say that is right at the entrance to Hoff? Forrey: No, it is not, the current entrance to Hoff is a little bit east of the way we show the entrance to this property right now. There is a power line in the way in order to move it on the Hoff property. When ACRD widens and improves Franklin Road to 5 lanes which is the plan here that power line is going to be removed or relocated. So our conversations with Idaho Power, ACHD and Hoff have been that we would line up this road the entrance road within five feet of the Hinkels and McCoy property and then Hoff would have a good access at that same location. They are going to have to make some adjustments on their property but it is through a graveled area, their current parking lot for staff it is not going to damage a lot of their paving but it is going to have to relocate that power pole. So down Meridian Planning & Zoning Commission March 12, 1996 Page 23 the road I think we will have good access with Hoff on one side and Ballantyne Troutner Business park on the other. Some day probably a signal right there. Our traffic study right now the traffic study has not been completed we are on tech review agenda for this Friday with the Highway District and Pat Dobie is completing the traffic study. When Corporate Drive is put through this area most of this traffic is projected to go south to Corporate Drive and out to Meridian Road. So today without Corporate Drive we would need a traffic signal on Franklin by Hoff. But when corporate drive is in the traffic study says that signal may not be warranted so we are not proposing a signal at this time. We are contemplating that Corporate drive is going to extend through and that helps solve the traffic. To confirm then are you saying that Hoff will adjust their driveway location Forrey: Yes Oslund: So that it is opposite what is a T intersection (inaudible) Forrey: Yes, in order to line up that is correct. Oslund: What is the 50 foot access easement, what is that exactly? Forrey: When Jim Ballantyne bought property from Norm Fuller years ago he bought property that is along the lateral, kind of the interior of the property. When he bought that from Norm they negotiated a 50 foot access easement out to Meridian Road. That is the intent and purpose of that easement. We have since adjusted that easement north about 32 feet to line up with the Thomas property on the other side of Meridian Road, that was at the request of P & Z and City Council during our annexation public hearings. Oslund: So that access easement would serve lot 15 only? Forrey: Look at the revised plat Commissioner, it is on the back of the letter that I handed out. The City staff asked us to make revisions to the plat and we have done that, so you are now looking at the plat that complies with City staff comments. Oslund: (Inaudible) that is all I have. Hepper: Would these be under conditional use permit? Qst~d:'Yes, as stated in the letter and it is also stated in the annexation application that any use developing in this project would be under conditional use permit procedures. But we are not requesting planned development, it is a business park with everything conditional use permit. Meridian Planning & Zoning Commission March 12, 1996 Page 24 Hepper: But any of those lots that back up to Franklin Square would come back to Planning and Zoning for conditional use permit review for compatibility and everything else? Forrey: Yes as office uses, that is correct. MacCoy: Let me clarify something you said that Lot 4 and 5 would be (inaudible) Forrey: Block 4 and Block 5 Oslund: Did ACHD have any opinion about the 50 foot access over to Meridian? Forrey: They have asked us to use I think it is I forget the citation I think it is on the plat C3-NP-50 standard, it is a 3 lane collector no parking within a 50 foot right of way. They are saying that as long as there is no parking it is signed that way then it can fit the amount of traffic within a 50 foot right of way. Oslund: (Inaudible) access to Meridian Road and Forrey: Yes they do even with Corporate Drive, at this point they are telling us to put a road through there. It is very possible that future development may change that but that is the direction we have been given by the Highway District as of today. Hepper: Any other questions? This is a public hearing is there anyone else that wishes to testify? Susan Kelly, 604 Pennwood, was sworn by the City Attorney. Kelly: I apologize my comments are not formal, they are pretty much just informal from what I have heard. I just want to state that my husband and I are the property that adjoins this property that is about to be developed. We live on Pennwood Street. t personally am very opposed to a major basically interstate that is going to come through that property. When you open that area up and it becomes Pennwood it is going to become a thoroughfare in front of our home. It is not set up, it is a residential street, it will become like Franklin. Everybody that comes off the Boise interstate, I-84 will come through Pennwood to get to the following subdivisions therefore Franklin will become almost non- existent our house will become a major interstate in front our own ways. I would like you to research that and took at that. I would like you to know that we are not opposed to a development in there. We are opposed to a development to break open on Pennwood Street. I do not feel the whole subdivision is set up to take that amount of traffic involved. I also am in question about the 35 foot landscape strip. In spite of that if they break Meridian Planning & Zoning Commission March 12, 1996 Page 25 Pennwood open we are still going to have that major (inaudible) As it is right now we have a lot of traffic that comes to the end of that street that knows not where to go and therefore has to tum around in our yard and go bads the other direction. So I really would hope the committee would look at that that it is not a good choice to break open Pennwood Street. Seriously I am not opposed to them doing development I just do not feel that Pennwood Street is very good (inaudible). We also are very concerned we are very long time residents we are very concerned that the value of our property is going to go down as I am sure you would understand. Anybody that lives on a major thoroughfare nobody wants to move in and buy their properties. Thank you. Hepper: I have a question, does Pennwood street in your subdivision connect to any of the other subdivisions is that a thru street or does that only? Kelly: Pennwood dead ends at our house and it adjoins this property. Hepper: What about on the other end of Pennwood? Kelly: We are the dead end of Pennwood and Pennwood has been adjoined to the other subdivision that was put to the west of us. So we are the older part of the subdivision, we have been there quite some time. Hepper: Okay, but Pennwood to the west does continue through? Kelly: Yes it does and I can see why it would be a major factor in why they want to open it up although it is not good for the residents on that street. Anything else? Thank you. Hepper: Anyone else that wishes to testify? Jim Ballantyne, 10250 Whispering Cliffs Drive, Boise, was sworn by the City Attorney. Ballantyne: I just wanted the residents on Pennwood to know that I sympathize with their concern and the Pennwood Extension there is not our idea but it is the idea of ACHD. If the traffic studies and the quality of the subdivisions, quality of life in the subdivision to the west is affected by Pennwood and rf you should decide that street should in fact be blocked we would support the neighbors in that decision. Thank you. Hepper: Any questions? Thank you? Anyone else? Lawrence Rackham, 305 West Franklin Road, was sworn by the City Attorney. Rackham: I was at the last hearing and I haven't seen anything addressed to the Meridian Planning & Zoning Commission March 12, 1996 Page 26 comments made there according to the canal and the set aside the canal that would both be against the property that I own there and the safety factors involved should be addressed there. Which also goes adjacent to the back of an apartment and the safety factors involved there. On the west side of the complex just north of the street that comes in off Meridian Road is an apartment complex that has families in there. With the potential and the future plans that I might have for the property on Franklin Road that is to the north of the canal almost straight through from the 5th Street section depending on what we put on that property it would be necessary for the safety factors for that canal barriers or whatever to be kept in mind so that it would be a safe and the canal I don't think has been a problem in the past, it is located away from the perimeter of the property. It has been out in the center, the idea of moving it to the border of that property closer to surrounding properties as opposed to being isolated in the middle of that piece of property is something that needs to be addressed. Hepper: Okay now it is the Eight Mile Lateral that you are referring to? Rackham: That is correct. Hepper: As the canal? Rackham: Correct Hepper: You don't agree with the relocation of the lateral? Rackham: Well my question is what safety factors are being implemented in relocating it first off? What impact would that have on the properties that it borders now that it did not before this movement. Hepper: We will have Wayne answer that. Depending on the size of that lateral if it is small enough it would have to be tiled. Rackham: It is too large for that. The piece coming off of Meridian Road that you see behind the bowling alley is probably, Wayne what 12 (inaudible), 5 feet deep. Hepper: Is that the one that is just south of the bowling alley. Rackham: It crosses there, diagonally now and would be as proposed to make a 90 degree bend behind the apartment complex and go along behind the apartment complex to the comer of the lot and then make the 90 degree bend bordering the other properties there a mobile park and some other commercial buildings. Meridian Planning & Zoning Commission March 12, 1996 Page 27 Hepper. We will have Wayne address that. (End of Tape) Brian Hoff, 420 W. Franklin Road, was sworn by the City Attorney. Hoff: Members of the Commission, we would just like to go on record as saying we are concerned about that access way that we had been presented before. We do have an access through there and the drive way does line up onto Franklin Road. It was proposed to us that there would be a signal light there at some point and we want to make sure that signal light is where our access is currently. We met with Wayne and Jim Ballantyne, looked at some of the barriers of moving that access. We feel like there is some fair sized problems doing that. So we just want to make sure that is taken into consideration that we do have adequate interest there now and would like to maintain that. Hepper: Any questions? Oslund: I do, I guess then, Wayne made it sound like that Hoff was agreeable to moving their entrance, is that not the case then? Hoff: I think that we would entertain that we have not agreed to anything at this time. There is a barrier right now with that power line. The last time that we met we thought that maybe we could go east of that power line I mean further west and that was just only an option. We know that we can't go east we have some other barriers, an office building there. Going west would split our property where that parking lot that we have now and actually split some Franklin Road property. Oslund: Can you back up a second and tell me where and maybe you don't know, where you entrance is in relation to where they are proposing to put an extension to this street? Hoff: Wayne might be able to help me, but I think it is almost exactly the center of that leg that goes out. That is one of the problems from their standpoint is it splits their property. Forrey (Inaudible) Hoff access, the Highway District has asked that we push SW 5th the new street as far west as possible right up next to the Hinkley and McCoy and that conflicts with where Hoff would like it. So we have to work that out and especially with a power line in there. Hoff: Our other big concern is if there is a light there at some point we have about 300 people that go in and out of there each day. If you have a light that is off set of that entrance safety considerations and just access is a problem. Oslund: I think that is a critical issue it has to be addressed, I believe 300 I drive on that Meridian Planning & Zoning Commission March 12, 1996 Page 28 road everyday going to and from work and (inaudible) Hoff: And truck traffic too so if we did move that entrance we would have to move that entrance atl the way back to the plant to keep from having to tum and go in and turn again. Hepper: Anyone else wish to testify? Gary at our last meeting I think there was a question about whether you had received all the written comments you need, is everything {inaudible) that you need? Smith: Mr. Chairman, we just received the comments tonight from the applicant, are those the ones you are referring to? Hepper: Well I don't know, 1 think at the last meeting it was mentioned that there were some comments from you and Shari that you needed some answers to. Apparently you just received those tonight. Smith: Yes, the applicant has addressed the comments that we made at our review stage. Hepper: Have you had a chance to review those? Smith: 1 just read through them I haven't compared them with what our comments were so I can't Hepper: You are not really sure. Smith: I can't really address them. Hepper: Have you heard, have you had a chance to contact ACRD and see if they have any comments? Smith: No I haven't, Karen Gallagher was here this evening and she said that all the rest of the items on the agenda are needing traffic study information before they will make any comments on the project. Hepper: Wayne would you like to readdress us? Forrey: Mrs. Kelly's comments are very good, those folks have lived there with a dead end street for many years and now the Highway Districts wants to see an extension, kind of what Erv Olen was talking about earlier tonight about transportation planning. So we have been told for good transportation planning put a road through there and it could hurt the neighborhood. From the Highway District standpoint you could take right at the end of Meridian Planning & Zoning Commission March 12, 1996 Page 29 Penwood today, evidently in the area where Mrs. Kelly lives and you could I believe get all the way to Linder Road interior through subdivisions. So the, there is Ten Mile Creek I think that separates subdivisions in that area and there is no bridge. So on the south side of Ten Mile Creek through new development you will be able to use Waltman Lane and some others to get from Meridian Road over to Linder in the future. On the north side of the creek there is no provision except to go out to Franklin Road. So the Highway District says we would like to have some type of internal linkage between Linder and Meridian Road. They indicated to us that Pennwood is that road. But as Jim said tonight if the City and the neighbors feel that is inappropriate we would support that. It is only shown on the plat because the highway district asked that it be shown. It doesn't help the business park in any way other than another access point for emergency vehicles, it does that. We have also shown it as a 50 foot right of way not 60 feet, not to make it a collector type road. Mr. Rackham's comments again good comments. That canal is a major issue and Jim Ballantyne is in the process of hiring an engineering firm right now to evaluate that. We have met with Nampa Meridian Irrigation District some of their concerns were those 90 degree bends that are going to take major structures to take the water hammer effect as that water turns. So there is going to be major expense in relocating that canal plus fencing. The irrigation district requires substantial fencing for safety as well as to delineate their easement. The canal today is open and directly on the south side of Hope Arms apartments it goes from the bowling alley on the south side of Gem Avenue right across the street and right on the south side of Hope Arms today. We would just be adding more canal and that is a safety concern so we would be looking at the fencing requirement there. Hepper: Would that be fenced on both sides? Forrey: Yes the irrigation district has indicated it would be fenced on both sides. Brian Hoff is absolutely correct about the thorny problem we have to work out. I see the answer coming in the reconstruction of Franklin Road. When those power lines are up for relocation we have got a fresh chance to look at how those roads line up and also today we don't have the benefit of the final ACRD tech review and Commission action. We go this Friday for tech review with ACHD, so we are going to have to sit down. The Highway District has said to us we are not to damage Hoff and we don't want to, they are first and we don't want to put a damage on them or disrupt their business. So we have got to work that out. 1 see us doing that with ACHD and the Franklin Road improvements. Does that help? Shearer: Is that tech review Friday is that a public meeting? Forrey: Yes it is. Meridian Planning & Zoning Commission March 12, 1996 Page 30 Shearer: So these individuals that live there could go down and testify? Forrey: I don't think the Highway District notify people. I think they notify the engineers and the applicants, it is a public meeting and yes it starts at 9 o'clock. Shearer: Well if they have concerns about that street going through they should be down there to protect their interest. Forrey: Yes Shearer: Those are the people that really make the decision on this. Hepper: I think that is it, we will close the public hearing. What do you want to do? MacCoy: Mr. Chairman I recommend that based on the material that was given us this evening plus the ACHD material which has not been reviewed and still has to be decided upon that we table this issue until our next meeting which is the April 9th meeting. Oslund: Second Hepper: We have a motion by Commissioner MacCoy and second by Commissioner Oslund to table this meeting until our next regularly scheduled meeting which is April 9th, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 14 ACRES TO I-L FOR OLSON-BUSH NO. 2 SUBDIVISION BY R-2 DEVELOPMENT: Hepper: Is there a representative of the applicant? Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Mr. Chairman and Commission members my name is Dave Roylance, I am a civil engineer, land planner representing the applicant. This project is located near the intersection of Franklin and Eagle Road, just north and west of that intersection. Bounded on the north by the Union Pack Railroad tracks. The project contains 14.4 aces and has nine lots. We think it is supported by the Comprehensive plan. We propose central sewer and central water and ACRD approved public streets. With that can I answer any questions? Meridian Planning i><Zoning Commission March 12, 1996 Page 31 Hepper: Any questions? Have you seen the comments from the City Engineer? Roylance: Yes I have Hepper: Do you have any problem with any of those? Roylance: No I don't. Hepper: Item number, on the site specific comments item 6, 60 foot wide stub street needs to be extended toward Franklin Road are you aware of that? Roylance: We have that shown on there now and Hepper: That is a revised plat? Roylance: It is and we just got that to the City this morning, we got the comments I believe it was Thursday afternoon and made that change and resubmitted today. I think what we will do however is pursue a variance to that. For now we have shown it this way but I think we will file a variance and see how that goes. Hepper: Do these lots come under a conditional use designation? Roylance I think it was either this project or the following one Porky park, I saw that as a comment from Shari and I wonder, is that typical for the City. I guess I have to ask the question if this is rezoned and annexed. Hepper: In the past it has been especially where there are other uses adjoining those lots. It is up to the Council I guess to decide but typically that is what we have been doing to try and preserve the compatibility make sure that whatever goes in is compatible with the other property there that is not necessarily zoned the same way. Roylance: Even if you had a building program that was a principle permitted use within the zone, you still typically require a conditional use permit? Hepper: Now as I understand it we have been haven't you Wayne? Crookston: I am not exactly sure where the property is Dave, is this near Crossroads Subdivision? Roylance: I am not sure of that, Franklin Road and Eagle Road, here in the lower right had corner that is the intersection of Franklin and Eagle. North is to the top of the page Meridian Planning & Zoning Commission March 12, 1996 Page 32 and Union Pacific Railroad, I will point it out. (Inaudible) Just as a clarification we are not necessarily objecting to a conditional use permit on every lot, I guess I just need a clarification so there is no misunderstanding later on. Hepper: Those lots to the south those are Rural transitional, typically (inaudible) different zoning designation to be conditional use to be (inaudible). I don't know it is whatever you guys want to do. We will go ahead and get the rest of the comments from the public and then let these guys discuss it. Any other questions? Anyone else wish to testify on this project? Guy Valentine, 2770 East Franklin Road, was sworn by the City Attorney. Valentine: I have a visual aid, could I put that over here on this board? To give you an idea (inaudible) Hepper: If you submit this it becomes property of the City. Valentine: Yes I would like it to be the property of the City. This over here are pictures of the proposed Olson Bush No. 2 on the left, it is very picturesque and on this side is Olson Bush No. 1 and that is what they have already started and now they want to put another site right next to No. 1. If it is going to look anything like this we property owners up here, there are several homes up here we are going to have to spend our days looking down at these storage yards that are not screened, the parking lots that are not paved, parking lots that are not screened and if you come to my house and look out my deck at some of these things they have you can see, this here is from Eagle Road all of these things here and Eagle Road and Franklin Road are entryway corridors into our fine City. There has been absolutely no screening and no landscaping and this is what is required in the comprehensive plan in the policies and also in the zoning and development ordinances. I know that Olson Bush No. 1 development is not the subject that we are talking about tonight but this is going to happen not only in Olson Bush No. 2 but they are talking about on the other side of Eagle Road, Porky Park which is about 6 times bigger than these two, well four times bigger than these two altogether and that runs right along Franklin Road. So what I am getting at is we have a really problem with developing here and I would like to just mention some things that I have. I have a letter to the Commission that I would also like to enter into the record. Hepper: Now Olson Bush No. 1 is that in the City limits? (Inaudible) Valentine: Do you want copies of these now? Meridian Planning & Zoning Commission March 12, 1996 Page 33 Crookston: Are those for Olson Bush or Porky? Valentine: (Inaudible) Crookston: If you desire you can submit them for this hearing and then just ask to have them copied in the record for Porky if that is your desire, that is totally up to you. Valentine: I would like to have them submitted for both. As concerned residents and citizens 1 would like to represent my family and a few of my neighbors, we have purchased our property primarily for the view. We want to protect our vested rights to the same level of qualities or higher qualities that our environment afforded since we purchased our property. Please do not allow an eyesore to live and grow in our beautiful community. You mentioned the Crossroads Subdivision, yes Croosroads Subdivision is right near this and also St. Luke's hospital in Meridian the new facility that they is within a 1/4 mile of this Olson Bush No. 2 which sets behind Olson Bush No. 1. It is a very beautiful area, it is a beautiful intersection, it is a thriving area of community and single family residences. We would like to keep it nice, we don't want to stop development but if they are going to do a project let them do it completely and as best that they can according to the ordinances and comprehensive plan and just plain common sense. It is a very scenic area, yes Olson Bush No. 1 is not the topic this evening however if you look at the development today you will understand that we are concerned and opposed to any further development unless and until this mess is cleaned up. We have submitted pictures of Olson Bush No. 1 and the proposed site of Olson Bush No. 2 for your review and for the record. As you can see Olson Bush No. 1 has not preserved the aesthetics of the area and severely damaged it. The visual pollution is degrading to the neighborhood and degrading to the community as a whole. We believe that most residents of the single family dwellings along Franklin Road and within vision of these developments will not tolerate further development that poisons our view of the sky and mountains and does not enhance our quality of life. This type of insensitivity could be stopped cold with the help of concerned citizens and the Planning and Zoning Commission and the City Council. Would you want to look at that garbage everyday for the rest of your life? Most of these folks that live in those homes along the rim they are older folks and they are soon going to be retiring. So they are going to spend a good portion of their day looking out their window and I am sure they want to look at something that is landscaped and screened. Now with Olson Bush No. 1 under their belts these same folks (inaudible) degrade our beautiful area with Olson Bush No. 2 and Porky Park No. 1 developments. What (inaudible) do these folks offer to the community (inaudible) and to the single family residents that overlook these developments. They have submitted protective covenants that are apparently used for the Broadway Place Subdivision as a guarantee of their intentions. We want to know why they do not submit covenants that were used for Olson Bush No. 1? Were no covenants prepared and rf not why were no covenants prepared? On the other hand if protective covenants were Meridian Planning & Zoning Commission March 12, 1996 Page 34 prepared for Olson Bush No. 1 why does the development look like a junk yard and why are the conditions of the covenants not being enforced. Do the conditions of those covenants permit such nonsense? If there were covenants prepared for Olson Bush No. 1 we want these developers to produce them for public review. Under subsection 9-605 I of the City of Meridian zoning and development ordinances protective covenants may be prepared and recorded as part of the subdivision. However, the provisions within the protective covenants are enforceable through civil action and local government units shall not be required to enforce these provisions. I think that consequently the covenants will not give the community and the residents of the single family dwellings that will be looking directly over these developments the kind of assurances that we must be given concerning our vested rights. Specifically we are requesting guarantees from the developers and owners of all three developments. We request that these guarantees be in the form of a recorded written commitment to the Commission and or the City Council and that the developers and owners will develop establishments that are Gean, quiet and free of noise, visual pollution and hazardous or objectionable elements per the goal statements and policies of the comprehensive plan, the zoning and development ordinances and per the reasonable request of the community. And in particular the residents of the single family dwellings and property owners that are directly affected. I find it odd that there is no mention of the single family dwellings, the Meridian Academy school, the Snyder lateral in the surcounding land uses description and I have a copy of that in the back of your letter there that was in the application file. I would like to know why the seven single family homes that are along Franklin Road rim are not mentioned (inaudible) annexation of R2 development property his or her actions should be highly scrutinized because they fail to provide the Commission and the community with significant information. Specific issues that we request (inaudible) at this hearing and in their written commitment to the Commission include but are not limited to number one, the goal statements and policies of the comprehensive plan listed below. Number two, zoning and development ordinances listed below. Number three, the definitions listed below, and number four the concerns of any citizen of Meridian in particular the residents of the single family dwellings and property owners that are directly affected. I won't go through everything in this but 1 will skip over some things. Number one the goal statements and policies of the comprehensive plan, I would like them to address the economic development policy 1.3, the land use goal statement which states all land use development in the Meridian will be considered an asset to the community and not detract from our quality of life. Policy 1.10U states that land use development must promote the design of a attractive roadway entryway areas into Meridian will clearly identify the community. In particularly residential policy 2.3U which stated that land use development must protect and maintain residential neighborhood property values, improve each neighborhoods physical condition and enhance its quality of life for residents. Also, industrial policy 3.4 states that industrial uses adjacent to residential areas should not create noise, odor, air pollution and visual pollution greater than levels normally associated with surrounding residential activities. Meridian Planning & Zoning Commission March 12, 1996 Page 35 Eastern Eagle Road, light industrial review area policy 3.14 and 3.16 U states the character and type of light industrial development should be harmonized with the residential uses in this area and land uses within the Eastern light industrial review area must be clean, quiet and free of hazardous or objectionable elements. I have particular concern with issues raised in the community design section. The appearance of the City reflects a great deal about the community and the people who live in it. "Appearance also greatly determines whether or not the community is perceived as a progressive and active environment and can play a very strong role in the economics of the area. A town that is attractive will continue to draw shoppers, visitors, businesses and residents." Nearby there there has been talk of a power mall just within I guess a mile of there on the other side of the freeway. If there is not a power mall going in there, there are three other corners right there at Overland and Eagle that are going to be developed eventually into something I don't know what. On down the road toward Fairview there is talk of another, on the other side of the Crossroads development there was talk of another shopping mall of some kind. All around us is beauty and then you come to this industrial area, this right in the middle of all of this beauty and we are not paying good enough attention to that in my opinion at this time. This, the community ident~cation policy 1.4 states that major entrances to the City should be enhanced and emphasized. Unattractive land uses along these entrances should be screened from view. The entryway corridor section states that entryway corridors or arterial roadways entering the community that introduce both visitors and residents to Meridian. City designated gateway arterials include Franklin Road east and west entrances and Eagle Road north and south entrances. Entryway corridors are a communities front door. It is acknowledged that the corridors trees or lack thereof, commercial signage and site character provide the first and often times the lasting impression of the entire community. Strong messages are delivered to the travelling public and to local citizens alike. The communities economic vitality, its willingness to ensure the safety and well being of the citizens, its degree of concern for the natural environment and the respect citizens have for one another are but a few of the messages. Therefore the entire community and most specifically its governing bodies have the right and the responsibility to guide development and redevelopment that occurs along entryway corridors. These words are not mine I am taking them right out of the policy of the comprehensive plan and the zoning and development ordinances. I cannot say things this well, but they do a pretty good job. The entrance corridor goal statement under which policy 4.4U states that we need to encourage landscape setbacks for new development on entrance corridors. The quality of environmental goal statement policy 5.1 U states that we need to preserve the aesthetic natural resources of the Meridian area. Policy 5.2U is ensure that all new development enhances rather than detracts from the visual quality of its surroundings especially in the areas of prominent visibility. Number 2, the zoning and development ordinances. Hepper: Excuse me, is there any chance you can highlight some of these things. Meridian Planning & Zoning Commission March 12, 1996 Page 36 Valentine: I will make it quick, I will get to the meat and potatoes. Hepper: This letter gets rather lengthy. Valentine: It does, it is going to take a lot years of my life staring out over continued senseless destruction of our community and also there are going be a number of visitors coming to our community travel up and down Eagle Road and Franklin Road and for a lot of years to come. They are going to be looking at the decisions we make tonight and so I want to make sure that everybody understands what, I know you are not familiar with the area but I am because I am there every day and I look at it and I know. It is a very vital economic area in my opinion. Hepper: I guess I have kind of a quick question, there is a comment here from Shari Stiles that Olson Bush No. 1 needs to be annexed to the City, so apparently it is not part of the City right now. So apparently that was done by the Ada County Planning and Zoning and the Ada County Commissioners. Valentine: The whole thing needs to be annexed or just part of it? The Yanke part? Hepper: Well the application for Olson Bush No. 2 is within the City limits, Olson Bush No. 1 is in the County. So it kind of seems to me like you are scolding the wrong set of people. Valentine: Welf no I am not, because in your recommendations to these developers you state that since Yanke owns several lots that also needs to be annexed into the City also and he is the major contributor to the eye sore over there. Hepper: But if there are restrictive covenants that have not been enforced or met maybe the County should be the ones to see that those have been. Oslund: I would like to say something, I think the point he is trying to make is the same people that did one are applying for two and he is questioning their credibility and I hear that loud and clear. I don't think we are trying to say cut it short we have heard enough I think when you are telling somebody something you kind of sold us we are going to look at it so if you could summarize. Valentine: Okay, I will summarize, Hepper: 1 think that we will all read the balance of this letter (inaudible). Valentine: I know you will, I want to just say that our concerns (inaudible) but are not limited to the following. The preliminary plat for Olson Bush No. 2 subdivision that we Meridian Planning & Zoning Commission March 12, 1996 Page 37 received via, I will skip over that, certified mail indicates that the Snyder lateral does not boundary the development. The Snyder Lateral however is the west boundary and lies adjacent to the south of the development. This adjacent portion of the Snyder Lateral would also boundary the development on most of the Southern portion had they purchased more than 14 plus or minus acres from James and Mildred Barnham. WE believe that the subdivision is arbitrarily or art~cially laid out to avoid being adjacent to the Snyder Lateral to which it would naturally include. We also believe that the subdivision is arbitrarily or artificially laid out to avoid being adjacent to the seven single family dwellings between which a transition yard would be necessary for protection and beautification. Both the community as a hole and we residents of the single family dwellings in this area of immediate impact stand to lose a substantial portion of our quality of life as a result of the developer's avoiding the Snyder Lateral and a necessary transitional yard. (Inaudible) require a buffer strip or zone along the entire southern and western borders of the development. This will protect the seven single family homes from possible undesired characteristics of the industrial development. A buffer strip will also help to protect the aesthetics of Franklin Road and Eagle Road entryway corridors. We also request the Commission to require the remaining area south of the this development up to and including the Snyder lateral to be reserved and designated as a transitional yard. This area would be a buffer between conflicting land uses and would also protect the aesthetics of the Franklin Road and Eagle Road entryway corridors. We request that the Commission require the associates involved with the development of Olson Bush No. 2 to cover and enclose with (inaudible) Snyder Lateral (inaudible) at their sole cost. Students from the Meridian Academy and employees and visitors of both Olson Bush developments and nearest residents of single family dwellings will be increasingly attracted and directed toward contact with the potential hazard. We request the Commission, I will skip over that, we request that the Commission require Olson Bush No. 1 developers owners and associates to clean up and screen their junky development to demonstrate they deserve to expand before any other development applications are approved. That means pave parking lots and screen them, screen their storage yards or move them inside or better yet take them to their own back yards and put them there. We want the principles involved with this development to provide the Planning and Zoning Commission and or the City Council with a written commitment regarding the above issues and how they intend to implement or not implement those issues. We also request that the Commission ask the developers to have conditional use permits for all of these lots. In conclusion we would like to say that we are not against developing our area. However we require community concern developments such as the New St. Luke's Meridian center which is 1/4 mile away from Olson Bush No. 1 and 2 and Porky Park. We understand that St. Luke's will develop vital land into soccer fields for the community until the land is needed for other uses. This type of world class community consciousness is what we require of the developers of Olson Bush No. 1 and 2 and Porky Park developments. They call it Porky Park, will they make it look like a park or a pig sty? That is all I have to say. Meridian Planning & Zoning Commission March 12, 1996 Page 38 Hepper: Questions? Thank you. Brad Miller, 3084 East Lanark, Meridian, was sworn by the City Attorney. Miller: 1 represent the R2 development, I work for Ronald Van Auker. Mr. Valentine has presented some inaccurate information. Olson Bush No. 1 was not developed by R2 Development, Olson Bush 1 was developed by Mr. Olson and Mr. Bush. We purchased 14 acres from Mr. Olson and Mr. Bush. Another thing that Mr. Valentine who by the way called me, I have spoken to him on the phone three or four times and he told me he was a strong supporter of the project, one of the two to speak in favor of it and maybe he did. But the other thing he didn't point out here he didn't point out the north side of Lanark which shows the building that we have developed, which there are only 3 lots on Lanark that are in the City limits. The corner piece which is on the northwest comer which is vacant right now and the tan building with two gray stripes around it. I think that if you went over there and looked at that you will see that is a fine looking building and a fine looking property. I also suggested to Mr. Valentine that he go and look at some other developments that we have, I gave him a number of different developments. I told him to go over to TK Avenue at Federal and Broadway where Big O Tire is, B & D Foods, Mountain States Microfilm, JoAnn Fabrics, Idaho Candy, Gem Distributing, (inaudible) and a new building we just did for Hertz equipment rental. I think that you would find those are fine developments through there and you would be proud to have those in your backyard. The eyesore that he is talking about across the street has nothing to do with us, Olson and Bush sold off those lots individually. 1 know of no CC&R's that exist on the property. I looked through our ownership records when we purchased the property and I see no CC&R's. So the parcels are all individually owned. So it has nothing to do with us, nothing to do with the 14 acres at the end of the street. We appreciate the concerns that Mr. Valentine and the neighbors have and if they will look at some of our other developments they will see that they are fine looking developments and quality construction, quality tenants and I don't know of any junk that we have in any of those buildings that suggested he go take a look at. If there are any questions I would be happy to address them. Hepper: Questions? Are you going to have CC&R's in your phase? Miller: Absolutely, we submitted those and said that they are going to be the same as we have done on the Broadway West subdivision in Boise. I suggested that Mr. Valentine go over and take a look at those and apparently he hasn't. Hepper: Would those require fencing of any construction areas or yards? Miller: Absolutely, screened fencing. Meridian Planning & Zoning Commission March 12, 1996 Page 39 Hepper: Paved parking areas? Miller: Absolutely, and that is all included in the zoning ordinance for light industrial zoning and we intend to fully comply with. Hepper: What about the yards themselves will they be paved? Miller: We pave all of our yards yes. Hepper: The storage areas in the back of the buildings will be paved? Miller: Every storage area that we have currently is paved yes. Hepper: And this one would be the same? Miller: Well one of the things to consider is we don't know who is ultimately going to move into those buildings which will be constructed there. Our anticipation is that we will subdivide that property build the buildings and lease the buildings out. We will continue to own the buildings which we do in most of our developments. At some point we may sell one or two of the buildings off but we also have a high incentive to keep it a nice looking area since we actually are the property owners. Hepper: Would the restrictive covenants require the storage yards to be paved? Miller: I think that is part of the zoning ordinance as it is. I can't say right now if our current CC&R's for the Broadway has that in it. I am not opposed to that at all. Hepper: I think inherently where they are sitting up so high that they really have a birds eye view looking down on the backs of those buildings, so there is some real potential there for people to keep the front of their building looking nice and the back is where they store their stuff and of course that is right where these people are looking. So I think there needs to be some incentive there to try to get these tenants or property owners to try and maintain that. Certainly screened fences would be a part of it and paving to keep the weeds down. Any other questions? (End of Tape) Valentine: I would just like to respond to some of the accusations that Brad Miller made against me personally. I spoke to him on the phone and I did tell him that yes I would like to support his development and I asked him about the trash that is not being screened out there and he told me that he tended to look right though it. It is not a matter of building a Meridian Planning & Zoning Commission March 12, 1996 Page 40 building and put a few of your things in the back and no screening them they haven't built buildings, instead of building buildings on that lot they have streamed their stuff all over the place. He says that he has nothing to do with that over there, I think we all have something to do with that. If not he than who does have something to do with that, it is his neighbors, it is a direct, well it is a direct, it is a neighborhood, what more can I say. Thank you. Oslund: I have a comment to you, it sounds like we have two issues. One is we have a development that we are looking at and apparently they are not the same owner. We can handle that at P & Z. We have an issue with some existing properties that are maybe violating the zoning ordinance I don't know. There is an enforcement officer with the City that addresses those types of things, trash in yards and junk all over. Except that is the in the County so you will need to, we are kind of in a tough spot and 1 don't know what the County has in terms of enforcement. Valentine: Did they buy that whole are all of those buildings from Olson Bush No. 1? (Inaudible) Valentine: Had you bought previously and sold it off to them? (Inaudible) Valentine: Okay, but there is absolutely no screening of anything. Shearer: That is in the County, we don't have anything to do with the County. Valentine: It is right next door. Shearer: t sympathize with you it is a mess. MacCoy: Mr. Valentine before you run away there, I think it is only fair that you did a fair job here I think a good job of presenting your case. You understand it very well and I think we all agree with what you had to say about wanting to live in a nice community and have a good entrance way. You have heard us from the standpoint that there is County and City involved in this thing. 1 think the (inaudible) highlighted that behooves us to at least look into that to see what the County would do and I think you are deserving of an answer for that. So thank you for your time. Valentine: I can expect one then probably then. Meridian Planning & Zoning Commission March 12, 1996 Page 41 MacCoy: I think we will (inaudible) Valentine: Call me anytime, thank you. Bill Tonkin, 2660 East Franklin Road, was sworn by the City Attorney. Tonkin: I just wanted to affinn the comments made by Mr. Valentine and point out that five of the 7 property owners that overlook the property are here tonight. I am certainly not going to repeat everything he said, but I rea-ly think you understand the problem and that we are merely reacting to something that has occurred and we certainly don't want it to occur again and I am sure you don't either. We appreciate your time. Hepper: Thank you, is there anybody else that wishes to testify? Carl Schnebty, 2690 East Franklin Road, was sworn by the City Attomey. Schnebly: I would like to take and reiterate the same expressions of Mr. Valentine and I realize that we are on the verge of a lot of expansions and so on but 1 certainly don't agree with this proposal as stated. t furthermore feel if it is approved we are going to have a lot of rubbish. I know that here some time ago that the Meridian garbage collectors wanted to make a distribution area at the end of Pine Street which I believe you all remember that. I am afraid something like this is going to happen, it don't make any difference what we do and I am certainly not in agreement in any way of having that kind of a unit put down there and therefore I appreciate the fact that you people have and your determination will be in our hands I know. Therefore I would like to say that I am not in agreement with this. Hepper: Thank you, is there anybody else that wishes to testify? Okay, Mr. Roylance? Roylance: Thank you 1 will be brief here. I think we support exactly what the neighbors said, we also can't endorse that although this developer didn't create that and it is in the County. That is not at all what we are trying to represent here. In fact, maybe one of the best ways to control that exact thing is annex it, bring it into the City and put your own rules on it and you can do that. You can do that in a development agreement and that is a requirement of this project is a development agreement and that is the perfect instrument to include all of those kinds of protection and controls. It can also do it at the design review stage and when the building permits are issued all of that can be a condition that you screen this, do this. In fact Shari Stiles, no. 3 in her letter calls for 35 foot of setback on eagle Road and Franklin. So a lot of these things that these people spoke either are addressed or can be addressed in tools that you already have. If it is in the County you can't control it. Thank you. Meridian Planning & Zoning Commission March 12, 1996 Page 42 Hepper: Thank you Dale Fletcher, 2730 East Franklin, was sworn by the City Attorney. Fletcher: I agree with Mr. Valentine there but I am a little confused here. I thought we were in the County, we did we become in the City? Crookston: This is a request to be annexed. Fletcher: That is what I thought, somebody stated that we were already, you have the County and the City going together here. As far as 1 know right now we are in the County. Shearer: Yes (inaudible) Fletcher: Okay, thank you very much. Hepper: Anybody else wish to testify? Oren Mayes, 5768 Marcliffe, Boise, was sworn by the City Attomey. Mayes: I moved out on Franklin in 1963 and lived out there for 30 some years. Most of that property along that rim of Franklin road was developed for subdivided off about the time I moved out there. Then the people when they bought it same I knew when I bought my farm that from the railroad to Franklin Road was almost even those days was declared industrial property. There was no question it was going to be industrial property. So when they built their home they knew they were going to build above an industrial park someday it was going to happen. That is all I have to say, that these people are complaining when they knew there was going to be an industrial park below them, it is kind of ironic at the most. Hepper: Thank you, is there anybody else that wishes to testify? Seeing none I will close the public hearing. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. MacCoy: Second Hepper: Mr. Shearer has moved that we prepare findings of fact and seconded by Commissioner MacCoy, all those in favor? Opposed? • i Meridian Planning & Zoning Commission March 12, 1996 Page 43 MOTION CARRIED: All Yea Hepper: This will be sent on to our City Attomey and then will be back for our next meeting to see what kind of restrictions the City attorney, what kind of legal issues might be involved with it. ITEM #13: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR OLSON- BUSH N0. 2 SUBDIVISION BY R-2 DEVELOPMENT: Hepper: Okay, we will open the hearing, do we have a representative, Mr. Roylance? Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Can I just say that all of the things I said at the other one be incorporated into this public hearing I don't' know that I need to add anything. With that are there any questions? Oslund: I have a question, probably the most basic, where did you get the name Porky Park? Hepper: We aren't there yet. (Inaudible) Hepper: Thank you, is there anyone from the public that wishes to testify on this? Guy Valentine, 2770 East Franklin Road, was sworn by the City Attorney. Valentine: I would just like to have everything that I said before be entered into the record, are there any questions? Hepper: Thank you, does anybody else wish to testify or comment? Seeing none we will close the public hearing. Shearer: Mr. Chairman, I move that we table this until the next meeting when our findings of fact and conclusions on this project come back. MacCoy: Second Hepper: That is to a date certain of? Meridian Planning & Zoning Commission March 12, 1996 Page 44 Shearer: April 9th. Hepper: Okay, we have a motion by Commissioner Shearer, and seconded by Commissioner MacCoy to table this request until April 9th, all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #14: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR PORKY PARK SUBDIVISION NO. 1 BY RON VAN AUKER: Hepper: Is there a representative of the applicant? Dave Roylance, 4619 Emerald, Boise, was sworn by the City Attorney. Roylance: Mr. Chairman and Commission members as mentioned my name is Dave Roylance I am a civil engineer and land planner representing the applicant. This subdivision Porky Park is located at the NE intersection of Eagle and Franklin Road. It contains 19 building lots and has 63.88 acres approximately. We propose central sewer, central water, Ada County Highway District public streets built to their standards. The project is in the City limits and as I understand it is already zoned Light Industrial and General Commercial I think in portions of it. So we believe this is an appropriate use for that zone. Apparently we are already in the City limits. Can I answer any questions other than the name? MacCoy: Do you have any answer for your name? Roylance: Yes sort of, I don't know rf it is an answer but Ron Van Auker has kind of an odd sense of humor which I can associate with. I just asked him what do you want to call this we need a name and he looked right at me and said Porky Park and then laughed, 1 said really and he said yes. I am hoping it is not referring to me but I don't know. Oslund: Does he intend to market it with that name or just to file a plat with that name? Roylance Well he did Donkey Park and he marketed it that way. I guess if that is objectionable to the City, that is the answer I got that is exactly what happened. So, I said we are going to be fielding a lot of questions and a lot of people on why is it called this. I don't know if it is going to be a serious concern or more of a tongue in cheek but it is going to come up a bunch, can't we just give it a name of something else and move on. He said keep it at that. Meridian Planning & Zoning Commission March 12, 1996 Page 45 Oslund: I would appreciate a sense of humor if it wasn't on the gateway to the City. Well personally I can't speak for the City on the whole but me personally I would like to see a better name. 1 think it kind of flies in the face of what the intention is here and that is to produce quality development and try to improve the quality of the City. With a name like that on the gateway more than a 1/2 mile from a quality development like the hospital there think it would be great to see the name changed. Roylance: I will take that back to him, it was meant to be disrespectful to the City or anybody it was kind of a joke I think. Shearer: (Inaudible) Roylance: I will talk with him I don't think he is all that hung up on necessarily calling that. If it is objectionable we can understand that and change it. MacCoy: I wish you would take Greg's comments seriously though because his comments are very true. Most of us probably all of us feel that way. Roylance I will do that, I will take that right bads to Mr. Van Auker, 1 am pretty sure that we can get that changed. I, for awhile 1 went along with it and then I left them on the desk for quite some time with that name on it called and gave him three or four chances to change it. I think he was just busy and didn't take the time to do it. We will take it serious and I will take it up with Mr Van Auker. I am sure that we can get it changed. Oslund: Tell him we laughed at first and (inaudible). Crookston: Just a comment it could be worse. Shearer: Do we have four commercial lots on the corner is that (inaudible). Roylance: I am not exactly sure where the zone changes but as I understand it somewhere along Franklin. I think part of that if not all of that is commercial and I believe as it joins the railroad fracks I believe that is industrial and exactly where the dividing line is I am not sure. Hepper: Have you seen the comments from Shari Stiles and the City Engineer? Roylance: Yes I have, I was just reviewing them again. I don't think we have any problems with any of those requirements. MacCoy: I raised the question about the exit out of your Lot No. 2. Meridian Planning & Zoning Commission March 12, 1996 Page 46 Roylance: We propose providing access to that lot through an easement on one of the adjoining lots. We don't' yet know which one. tt has been our experience on these industrial parks that a lot of times one person will come in and buy two lots and the whole problem goes away. I wilt go to the map, (inaudible) as the property develops and as the users of the building and the foot prints and all of those things are known that is how we tend to take care of that is through an easement for the adjoining lots and there are three to choose from. MacCoy: (Inaudible) otherwise there is no access. Roylance: I think maybe the place to say that would be on the final plat, it might not be resolved assuming we go to final plat and we get approved, it might not be resolved by the time we present the final plat but we can put a note on the plat that access to Lot 2 would be provided by a 30 foot access easement impacting either lot, 3, 4 or 5 or whatever and then I think that would cover it. MacCoy: I would accept that, something has to be on there because you already had a note on No. 4 (inaudible) Roylance: We can take care of that like I said if that is acceptable. Oslund: Has this gone through the ACRD tech review? Roylance: No it is just about to, both of these projects are about to get on their agenda. We think it will (inaudible) preliminary discussions with them prior to preparing this but it has not been to their tech review yet. Oslund: In those preliminary discussions did they talk at all about the number of accesses on Franklin Road? I am concerned that you have (inaudible) fairly close to the Eagle Road intersection. Roylance: I didn't go myself so I don't know if that was discussed or not. If they deem that to be inappropriate we will just have to change pretty much flat and simple. I think the firs# one is just east of Eagle Road is probably okay. They might come to the conclusion that the other two are not needed in which case we could call this (Inaudible). Oslund: Once you get the final plat for this, what is the intent in terms of developing, you are going to sell the raw parcels off or are you going to develop similar to. This is a different owner than R-2? Roylance: This is Ron Van Auker and maybe Brad can correct me if I am wrong, but Meridian Planning & Zoning Commission March 12, 1996 Page 47 typically what Mr. Van Auker does, I have done a lot of work with him over the years, he finds a tenants that wants a building and then he builds a building and then leases it to them but he maintains ownership usually and controls it. Osiund: You said that you have no problem with any of Shari's comments including item 6 which would require a conditional use permit? Roylance: Maybe I am looking at the wrong one here. 1 guess the same comment as before, I don't know necessarily that I am opposed to it. Maybe it is good that you brought that up, again I am questioning, if we propose a building that is a principle permitted use within the zone typically conditional use permit isn't' required. At least that has been my experience. So I would wonder why we would here unless it was a use that was only allowed under a conditional use permit. It would see awkward to come in, it seems to me that is why you have zoning, you say okay here is the zoning, under that zoning as a principle permitted use you are allowed to do these 15 things. If we do those 15 things typically you don't do a conditional use permit. Is that right? Oslund: From my point of view, my concern is that and that is why 1 asked what is going to happen with these parcels because we lose a little control, we have no way of having somebody come back and to give you an example. If you were to cut this up and create 10 commercial lots and then sell those lots and then all that would be required is a building permit application after that point there is no way to control in a material way. Roylance: Don't you have a design review process? Oslund: It is not going to come back to P & Z though. Shearer: P & Z doesn't get it back staff does. If it comes to P & Z (inaudible). Oslund: The public has no way of testifying about the specific issues that might come up. This one, Porky Park we haven't heard the public speak there may be people here with concerns in a similar way across the road there. That is my concern, I don't know that we can use a conditional use permit in this case. But that is the situation at least I find myself in. Once we sign this off we don't even know who these users are going to be and you say the owner typically retains the land in his ownership (inaudible). Roylance: Typically, he doesn't always do that, but that is typically his style of doing things. It does seem awkward quite frankly to ask for a conditional permit on each and every lot if it is an allowed use in the zone. I want to be cooperative by nature but to me I would have to oppose that. That sounds (inaudible) on the other hand I think you can deal with those issues in a development agreement, I think that is part of this. I haven't Meridian Planning & Zoning Commission March 12, 1996 Page 48 done it myself because I am not an architect I am an engineer I don't get involved that much in the building part of it as far as getting the permits, is there not a design review process when somebody comes in with a building and they want to get a building permit doesn't the building department look at the landscaping requirements, the screening and all of that and you can instruct staff as to what to do as those buildings come through. It would seem to me that you do have the controls already. Crookston: We do have some controls in the building process, if it is an allowed use we don't' have conditional use requirements unless the owner or developer agrees to that. And of course if they wanted to do a planned development than that does require a conditional use permit. Roylance: We are not presenting that and the reason is we don't know the building program yet so we can't go with a planned development. We would rather work with you on the issues. After we hear from the public here if screening is required in certain areas I think we would rather deal with those issues head on and incorporate reasonable things into the development agreement, that would be our desire. Hepper: Any other questions? Thank you, Anyone else wish to comment? Guy Valentine, 2770 East Franklin Road, was sworn by the City Attorney. Valentine: Everything that I said before about Olson Bush development No. 2 f would like to have my letter entered into the record and my pictures entered into the record. 1 would like to say that there are a number of people that live across Franklin Road and from this development. If you do not require this developer to have conditional use permits than these people are not going to have a chance to speak where their lives are concerned in the future. If what they propose to do at the time they want to develop these things is okay and kosher than there should be no problem for the hearing for the conditional use permit it should be a nice smooth process. So what I am asking for is to give these folks the guarantees that they deserve and require them on this project to obtain conditional use permits for whatever they intend to do. That is all I have to say, are there any questions? Thank you. Hepper: Thank you, anyone else wish to comment? Pat Nations, 4010 East Franklin Road, was sworn by the City Attorney. Nations: I kind of agree, I do agree with most of Mr. Valentine's concerns. I have a major concern since my property lines the entire length or width of their subdivision. I have a residential home there and I have a horse business there. My concerns are that the noise Meridian Planning & Zoning Commission March 12, 1996 Page 49 and everything is going to be really tremendous for my animals. I have a breeding farm and I would like to, well let's see here, I am also representing Mr. Kenny Ellis who lives down the street and the Carson's that own the property next to me. But my concern is that I would like to propose and ask to have, I am not against the subdivision at all but I want to cushion it against my property and my business. What I would like to do is first of all I would like to request an 8 foot wall from the tracks all the way to the front of my property along the side. That I would like to have between 6 to 8 feet from my property landscaped and with a sprinkler system to take down and cut the weeds and to make it pretty and keep fire from coming there. The reason I am concerned with that is because when Mr. Mayes owned the property next to me he kept it plowed, there were never any weeds, there were weeds but he kept the fire hazard down. Right now the weeds go past the fence, if any of that catches on fire my animals have had it. It is a big concern for me, I may be in County still and they are in City but it is still a concern to me and my animals and my house which is very close to that fenceline too. This fence I would request it to be, it an can bermed partway and then fenced but I would like not to be wood, I would prefer it not to be wood rather. Because I want it to be a safety for my animals, it will have to be maintained and everything if it is wood. So there would have to be a different alternative to that. Let's see, we need turn out lanes into the subdivision so the traffic does not back up into my property or back up to my property in front of the road there where I go into my property. I would like it to go both directions, a turn out lane. I would like it put in the record that I would like setbacks from the back lot lines that will be sufficient enough to ensure my privacy. I also would like to ask that I want the noise restriction so as not to disturb my brood mares and my mares with babies particularly in the evening to the mornings. I would like to sort of put a noise restriction on where the night shift work is of loud nature that is not of loud nature. I also would like to know what the intent is of the drainage ditch in the back that goes along, I don't know what the name of it is but it goes along the back side on our side of the property it is where the railroad tracks are at. A lot of the people, there are not that many of us, but a lot of us their animals drink from that. Our concern is if you stop your subdivision right there which is what it is, what would they put in this ditch that might harm our animals down the road, we don't know. We would want to make sure that it is taken care of so that our animals don't die from the pollution that could go into it. I am not against this subdivision I just want it to be pretty and a nice entryway. It does say a lot for our homes in there and there are a few of us that still have farm homes there. My business is very important to me, I do work for Micron so I have a second source but my horses are very important. I do want to conserve and try to keep anything from realty interfering with them. That is all I have to say, do you have any questions? Hepper: Thank you, anyone else? Lyle Bear, 3975 East Franklin Road, was sworn by the City Attorney. Meridian Planning & Zoning Commission March 12, 1996 Page 50 Bear: I have property just across the south side of the of Mr. Van Auker's. I just want to go on record stating I have no problem with the development going in there. I have lived there about 6 years and it doesn't take a rocket scientist to realize that corridor was going to be developed. My only concem is if Mr. Van Auker was going to develop all of that and maintain ownership I would have no problem because I have seen some of his developments and he does a fine job. My concern is if he sells some of these parcels off what control do you have on what is being put in there. That is all I have. Hepper: Anybody else? 1 will close the public hearing. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law on this project. Crookston: Oh, I would probably like to but this is a plat. (Inaudible) Shearer: I withdraw my motion. Oslund: Mr. Chairman, I make a motion that we table this particular item until the 9th of April pending the comments from ACHD. MacCoy: Second Hepper: Okay we have a motion from Commissioner Oslund and second by Commissioner MacCoy to table this until April 9th, all those in favor? Opposed? MOTION CARRIED: All Yea Shearer: Before we continue on 1 wonder if we could have Mr. Roylance or one of the owners on these last two projects bring forth their covenants for these that they are going to draw up for these plats for our next meeting so we can review them. (Inaudible) Shearer: Okay they have already been submitted, we will get a copy of them then. Thank you. ITEM 15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE BY CRYSTAL MARTINEZ: Meridian Planning & Zoning Commission March 12, 1996 Page 51 Crystal Martinez, 1432 W. Carlton, was sworn by the City Attorney. Martinez: Okay, I wanted to address some of the conditions that Shari, I was just handed this tonight so I wrote a couple of things down. I have never done this before so if I am off track interrupt me. On here she puts one of the conditions of this is maximum of twelve children less if determined by the Fire Department and this includes my own children. I want to know, I have a fourteen year old daughter I want to know if that includes children up to a certain age or under a certain age limit or if there is some kind of? Crookston: I believe it only pertains to children who are 12 or younger, I would need to look at that but I think that is true. Martinez: That is fine, I will also, I want the City of Meridian to realize that I will be applying for a State license and through the State and talking to Jim Rabbit and Shari they have directed me and Diana Rich out at Department of Health and Welfare have all told me that when I apply for my State license because I am applying for a group day care here in Meridian that they are one in the same and no difference. So a State license will require me to also have a center license which would require me to be allowed through the State to have 13 plus children if I wish to. Now I want to know what kind of conflicts this has with the group day care as far as, I have heard from Jim and Shari it is not conflict. So I want to make sure that is on record and that there is something done about that if that is true the case I would like to know about that. Crookston: There is a conflict, to my knowledge anyway. It is my understanding if you have a State license they count the children at, there are 12 or under there at let's say 8:00 in the morning and come back and check again at 5:00 so long as there are only 12 children the State doesn't care. The City of Meridian says those 12 children cannot be different children so that means you couldn't have 12 at 8:00 and they change and some kids go home and then you accept other kids that might be as far as Meridian ordinance is concerned that might mean 18 children. Martinez: I understand that part of it, but that is why I am saying I have had this conversation back and forth and I don't even know this is the appropriate style to discuss it in but with Jim Rabbit and Shari both and this Diana Rich, that didn't' seem right to me either so that is why I am bringing that up because I want to make sure I am doing everything legal and everything in the proper manner as far as the City of Meridian is concerned. I want to make sure that if a center conditional use permit is what I need to be applying for than that is what I need to be applying for because that is what I intend to do. Not at this time, I am not doing that right now but if indeed I want to come back and do that after I get my 12 children in my day care facility then do 1 need to reapply because I asked Mr. Rabbit this and he said that I would have to come up with another X amount of dollars Meridian Planning & Zoning Commission March 12, 1996 Page 52 to redo this again when in all reality my main intention was to do this, but he said there was no difference. So it makes it really difficult on me to have to redo this all again. Crookston: I understand and I very much appreciate your questions because I think it is very appropriate to have answers. We went through this 7, 8 or 9 years ago and what the City had done which is the way our ordinance reads that they count the total number of children in there during the day. It doesn't matter whether, if you have 12 kids at 8:00 and there are 12 different kids at 5:00 per Meridian's ordinance you have 24 kids. Martinez: I understand that and you have made that pertectly clear. I just want to make sure that my questions are answered after this. I feel like I am kind of being mislead in a way so I want to make sure I am getting those questions answered. The second thing that Shari puts on here is to secure and maintain an Idaho State License a day care facility license. Now, if that day care license is pending does that allow me in the City of Meridian to operate with 5 or few children until licensed or do I then operate from 7 to 12 until licensed, what is my conditional use permit play in that? Crookston: You would have to have in order to have any number of children that is less than six you would have to have I can't remember the name of it, an accessory use permit but it is for five or less kids. Martinez: The State doesn't require you to have a license I know that for five or fewer and as far as I was told again was five or fewer children you are not required other than to pay the $80 for the conditional use permit for the five of fewer children. (Inaudible) Martinez: Is that the accessory use permit, so anyway, so I want to know what I can do from here so I can start operating and I can start doing this as this is going (End of Tape) certificate of occupancy prior to obtaining and meeting all requirement of the Meridian Fire Department. I don't know what that means, certificate of occupancy what, I am sorry? Crookston: That is a permit that is, let me back up for a minute. Are you going to operate out of your home and you already live in your home, you would just have to get a certificate of occupancy to be able to use the home as a day care. The building department here can do that. Martinez: Okay, it says provide screen to adjacent residential properties to lessen impact of noise, now does that screening include just my normal fence? I am wondering are we talking walls here, what do I have to put up? Meridian Planning & Zoning Commission March 12, 1996 Page 53 Crookston: Well Crystal 1 don't know, 1 think that the building department you should ask that. MacCoy: Before you leave that question, I was out at your place and took a look, one of the question I had here, do you plan to rebuild that fence or strengthen it. Martinez: I just moved in six months ago, I purchased the house six months ago and I think you will find if you ever drove by the house prior to that you will find that several changes have already been made to the property. Yes I do plan on making it look a lot nicer. MacCoy: I talked to Shari maybe that is where her question came from, I said the fence is in the state of needing some repair work. Martinez: Right, and I have property bordering all sides of my, except for the front of course. So I already talked to my neighbors about because they are required to pay for hall and I am required to pay for half and it would be a three sided bill basically one fence down this way, one in the back and one fence this way. The only other thing I have here for you guys is off street parking, I lied I have a couple things, off street parking does that mean just strictly my driveway RV parking type area or is that I want to make sure where I am telling parents to drive up what exactly does that pertain to as far as off street as for at the (inaudible). Hepper: That would be the driveway in front of the garage? Have you got a two car garage? Martinez: I have a one car garage and RV parking on the side. Hepper: For one? Martinez: Well there are four vehicles that can fit, actually two in my driveway, and two in the RV parking, it is long enough for two complete vehicles to fit. So I have four actually parking spaces, I park my car in the garage. Hepper: How many can park side by side? Martinez: Two. I have a pool in my backyard and that is addressed in number 6 in Shari's thing. She suggest that I put an automatic lock (inaudible) I want to let you know this, I don't know if all of you have children or grandchildren or whatever but I will tell you right now I have a two year old girl and she sees me do something once or twice and she has figured it out. To me myself personally I would not feel with an automatic locking gate knowing that I just have to press a button or unlock it in some way, shape or form where Meridian Planning & Zoning Commission March 12, 1996 Page 54 my two year old could do it just as easily. I think the best opportunity for children not to get into my fenced pool area is a master lock with a key, the key put up high enough where the children cannot reach it, where I hang all of my keys. I think that would be the best option right there. Children are very bright, very smart, very intelligent so I think they will figure that one out real quick. Shearer: How high is your fence? Martinez: It is four feet high all the way around the pool. There is one area where it is six feet high because I have a deck all the way around my pool and that area that is six foot high is from the ground up but it is at four feet high level. Shearer: Those automatic locks are not good unless you have about a five fence fence and put it up high where kids can't reach it. Martinez: When you are talking about taking care of kids that are like before and after school age too they are tall nowadays they are not short so they can reach those things. The other thing, number 7 I am willing to comply with that as far as keeping up with my water payments and all of that. I don't have any other questions, I went through everything else (inaudible) I am song I made that kind of lengthy I was just told that. I guess in front of the wood stove, the Fire Department made a comment that I need to have a screen in front of it, I do have a screen but it is a removable screen it can fall over or whatever. It is a wood stove, I have never used nor do I plan on using it. Again I have a two year old and there is that hazard of her touching it and burning herself. Other than that, that is the end of my comments as far as this goes. If you have any questions I would be free to answers those if you would like. MacCoy: I have a couple more, what are your hours of operation? Martinez: My hours of operation I am going to try to operate for those parents that are having awkward hours, basically from 5:00 A.M. in the moming until 6 P.M. in the evening. I have talked to all of my neighbors about these hours, most of them work pretty much those hours early in the moming, a lot of people are working 12 hours shifts now at Micron unable to find day cares that will open up early enough and there is a substantial need for that kind of hours. MacCoy: Do you plan to have any handicapped children under your command there? Martinez: I don't plan to have any handicapped children, I think it is going to be endangerment my house is not equipped for it first of all. • Meridian Planning & Zoning Commission March 12, 1996 Page 55 MacCoy: I noticed when I was there you had a, a dog was there, is that your dog? .Martinez: I have a dog, I have a Berman shepherd, she has been obedience trained, she gets along well with children. There is a kennel strictly for Louie to stay in. She is not in harm of any of the children and they are not in harm of her. Matter of fact she stays in my fenced pool area until summer hits and then she goes in the kennel and I do have a separate fenced kennel area and I have marked that off in my drawing that I believe you all have received of my property. MacCoy: I just noticed the area that you indicated as kennel (inaudible) Martinez: On the side of the family room. There is a fence that goes in front of that with a padlock on it also. MacCoy: The day I was there he was in the regular play yard and then the kennel looked like it had a lot of debris. Martinez: Yes she left me behind quite a bit of junk wooded stuff. So I have tried to haul it all off little by little but because I don't own a truck and I am single I have to depend on my brother to pick it up for at his convenience. MacCoy: That is all I had right now. Crookston: I am sorry Mrs. Martinez, I do not have the application right in front of me what is the address of your property? Martinez: 1432 West Carlton. Hepper: What is the age range of the kids you will be watching? Martinez: I am going to go from zero to 11 years old and I will only have one infant per adult. I plan on hiring somebody else to help me also as another adult. So I am going to go from zero to 11, 1 will have before and after schools kids because I am walking distance from Meridian elementary. Hepper: Do you feel that a four foot fence around the pool is adequate height to keep kids of that age out. Martinez: 1 feel that a fence with an adult out there is adequate to keep any child out. li they are being supervised and the children will not be allowed outside without supervision. I think that is only proper. Meridian Planning & Zoning Commission March 12, 1996 Page 56 Hepper: So whenever there is only one child out in the play area there will be an adult out there? Martinez: I plan on having activities so number one there will never be a case where there will be one child outside strictly because I am one adult and I can't be everywhere at one time. So the activities will be structured in a sense that everybody will eat lunch at the same time, everybody will be watching a movie at the same time you know type thing except for my infant of course and that type of thing. Hepper: Any other questions? Crookston: Are you going to have an assistant or an employee? Martinez: Yes, I plan on hiring an assistant, as a matter of fact Tammy White is here with me tonight, she has run a day care for eight years out of her own home years ago. She is quite experienced and I have known her since we were 7 years old so this would be the person that 1 plan on trusting in my home with the kids. Crookston: And you would always have this system whether it is Tammy or someone else? Martinez: I plan on doing that yes. I know that one of the provisions is that you have to have, I think Jim told me that separate parking for that person. Hepper: Okay, thank you very much. Crookston: Let me just, sorry, I think your questions are great, I wish more people that were going to do this would ask those questions, thank you. Hepper: Okay, this is a public hearing, does anyone else wish to comment? Shirley Marino, 1037 Washington Place, was sworn by the City Attorney. Marino: I live right behind where the day care so my whole back side of my fence is her back yard. 1 have never spoken to her so I don't know that the only thing that she had going on. Day cares are noisy no matter if you have four kids or twelve. I didn't want my back yard to become a day care and that is exactly what it would be because of all the children there and my back yard. It is all single family homes in there, I didn't' think it was set up for businesses I consider this a business. I think that will down my property value, I have lived in my home for 23 years I don't plan to move out of it, I like Meridian. But if I ever chose to I would like the option given the value that my home should be and 1 think a day care in my back yard practically I think would lower that. Carlton Street is a street Meridian Planning & Zoning Commission March 12, 1996 Page 57 that is nobody really has to travel it if they live on it. If you put a day care there then you have a lot more traffic on there that you normally wouldn't have to have for a residential area. I have noticed in the last few days because after getting the letter and realizing what was really going on over there that there is not supervision in the backyard when there are children out there. Now that is only the few times I have seen them I an not constantly looking over there but the times before I go to work and such. My concern also was the four foot fence because the children were playing with a ball one day and it hit over into the pool area and the dog happened to pick it up. So they were sticking hands in and petting the dog and it didn't seem to bother them at all, but I thought that was a concem. I told you those are my few concerns I hope you will think about them for (inaudible). Thank you. (Inaudible) Hepper: Let's wait and see if anyone else has any comments. Anyone else? Martinez: I just wanted to address some of her concems and she hlas some very valid concerns. Number one her fence line does not, I am correct in assuming that you live right along my back fence line and there is a fence that comes here so your whole backyard is half of my back yard. It is a 6 foot high fence so I can barely see the top of her house, I am not quite sure how she has seen into my bads yard because the fence is like this there are no holes, As far as the comments, like I said I don't want to hinder any of me neighbors. I am a very friendly person I have never met this person however but I would be happy to address any of her concerns on a regular basis if she were to ask me about those concems that she has. First of all I don't plan on moving out of there either I plan on living there quite a while and I would just like to say that if she works those normal business hours that most people work than. she will not be home during that time. I am not sure if she is a single parent and stays home with her kids or whatever the concern is. I would be happy to work with those in any way, shape or form. 1 don't plan on making a loud noisy thing back there, (inaudible) so I think they need a place to go that is safe and protective. Thanks. Hepper: Okay, anybody else? Seeing no one I will close the public hearing. We need findings on this. Shearer: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law on this. MacCoy: Second Hepper: Okay, Commissioner Shearer has motioned and Commissioner MacCoy has Meridian Planning & Zoning Commission March 12, 1996 Page 58 second that we have the City Attorney prepare findings, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A LEARNING CENTER FOR 50 STUDENTS BY MILLSTREAM PROPERTIES: Charles Haacke, Salt Lake City, Utah, was sworn by the City Attorney. Haacke: I am here to propose a project and I have some permitted tenants already involved that being H & R Block an administrative office. The reason why I bring this up even those this is a conditional use for the teaming center is it affects the size of the building. I have another layout of the building. I don't know if you guys received copies of the site plan from Shari Stiles but there are two phases shown, one and two. Here I have both phases together, the top portion of 6900 feet is basically your phase 1 showing that he had a first. The reason why I am addressing this is the learning center, one of the things brought up by Shari Stiles was if we did phase 2 how many more students we are going to be bringing on and it would be (inaudible) we would basically move the learning center and the administration to the second phase. Move H & R Block to the front and have the other offices for lease, insurance offices or other permitted uses. Backerboard doesn't travel well on the planes, 1 apologize for that. The school basically stresses achievement as far past as the students can achieve on their own. One of the things that Shari brought up was wanted to know age groups, number of students. We actually have offices right now in Nampa where there are 35 total students. Five of them being in a beginning class and age ranges of 5 to 8 years old. Junior classes in the ages of 9 to 12 there are 10 students and 20 student seniors ages of 13 to 17 years old. She also expressed a (inaudible) for the existing tenants we are proposing 20 employees, that being almost a quarter H & R Block is actually a seasonal office. During the tax season, January 1st to April 15th we have seven to ten employees there and that reduces down to zero after April through December. The administrative offices we have (inaudible) working the non tax season and up to four during the tax season at that location. So at the maximum load 35 of that being 20 students and just to express that 20 students are dropped off and picked up very few are of age to even be driving. Any questions? MacCoy: I went out and looked at the site (inaudible) I think the area is a good area for you to be into it is a location that I think is well suited to what you want to do (inaudible). Looking at your layout I thought it had good possibilities. I raise the question, do you plan to have any handicapped children in this building? Haacke: We currently don't have any handicapped children in Nampa and don't plan on advertising for them. I understand buildings the new buildings that everything needs to Meridian Planning & Zoning Commission March 12, 1996 Page 59 be handicapped accessible as far as my knowledge. We don't plan on it. MacCoy: If you had to you could retrofit later which would be costly. (Inaudible) Haacke: (Inaudible) MacCoy: By the way have you looked at her sheet that she has? Haacke: I have, I didn't know if you wanted me to, being as late as it was, express each issue but I plan on meeting each and every one of the drainage and fencing requirements, fire related issues, bringing it all up to UBC standards. MacCoy: I had requested information on external security lighting because I felt that type of facility you had and the location that you need that for sure for your own safety as well as (inaudible). You just told us how many (inaudible) on your phase one. Haacke: Yes, what was the question for phase one? MacCoy: Any youth during phase one (inaudible). Haacke: Basically I will only do phase one if conditional use on the learning center is denied. Then the learning center will be omitted and H & R Block the administrative will be there and the rest will be tenants. So I will have the foot print of phase 1 irregardless of the conditional use. MacCoy: What kind of building material do you plan to use? Haacke: I am planning on having it stick framed, type 5, one hour with 5/8 inch gypsum board, stucco and the upper areas is (inaudible) with steel rib roofing, glass front and various glass around the perimeters. MacCoy: I would assume that (inaudible) your refuge area was not fenced before. Haacke: We presented that on the site plan being on the east of the project and have kind of, the reason why you didn't get this is we kind of, the more we thought about it it made sense to do the full phase if we have conditional approval and move that around towards the rear and close that in, cinder block enclosed fence type enclosure, 6 feet tall to visually secure. Meridian Planning & Zoning Commission March 12, 1996 Page 60 Hepper: Would the street to the end of your property be paved? Haacke: Are we talking about 4th Street West? Currently that is unpaved, I am not sure. I do most of by building in Salt Lake and along Wassatch front and I am pretty sure that second hand ADA will probably require us to pave the whole side and even possibly curb and gutter I have heard. Hepper: You haven't gotten your comments back from them? Haacke: t haven't put in for a building permit and (inaudible) based on not completely obtaining the blue prints depending on the phase one or two. Hepper: I am pretty sure the highway department will require you to pave that to the end of your property, probably have curb gutter and sidewalk. Haacke: I have heard that expressed but haven't had any. Hepper: I guess that is all we have then. MacCoy: What does PHP.HP stand for on your drawing? You haven't got a key that shows (inaudible) property line and so on. Haacke: I was trying to go through that myself, I am not sure if we can't rectify that with all the other concerns of Shari Stiles. Something to do with the property lines, I know there was something that came up with the church having a right of piece going through that 4th Street West and we rect~ed that situation with them. That may have something to do with that. I know that some faxes have been sent back and forth between Shari Stiles and I know they have rectified that right of way issue. Hepper: Any other questions? Thank you, anyone else wish to comment? Rory Lowe, 1607 West 4th, was sworn by the City Attorney. Lowe: Just two questions that we had written down that the Council didn't ask was we had one on hours of operation for the school, just want to know when their sessions ran. And the other thing was we were just wanting to know what the landscaping was going to be like on West 4th. That is all I had. Robert Polk, was sworn by the City Attomey. Polk: I am concerned about it being kids piled on that side of the street or will they be Meridian Planning & Zoning Commission March 12, 1996 Page 61 running across the street or what? Just a few questions like that. And the paving of the streets, will the City pave the opposite side on our side of the property? Oslund: That would be up to ACRD. Crookston: The City would not. Oslund: More than likely ACRD would require this applicant to pave only half of the street and we don't know how wide that street is until we get their comments back. Polk: Okay (inaudible) Hepper: Is there anyone else from the public? Mr. Haacke, would you like to address those comments? Haacke: Just to hit on the hours, we are actually 3 days a week, Tuesdays, Wednesdays, and Thursdays from 8 to 12 p.m., so four hours three days a week. As far as extracurricular activities children are just there for their studies, they are not out on breaks outside running around other peoples's properties. They are watched pretty close in that regard, we do have a break room designed in there for that but we keep them such a short time and the break is such a time period that it doesn't give them a lot of time to cause any problems. Landscaping I don't have any definite plans but I plan to meet the UBC code percentage of landscaping and plan on having a long and harmed islands with bushes and trees to buffer and make it a pleasant property not an eyesore to look at whatsoever. As far as paving goes whatever Ada County Highway Department requires us we will comply with whether it be half way or both sides we will work with them. Crookston: The City of Meridian requires paving on the lot and your parking areas and things like that. Hepper: This school is it an altemative public school or is that in addition to public school? Haacke: It is an alternative, it does qualify for an alternative program. Hepper: So the students who go to your program probably would not go to a public school this would be their main source? Haacke: That is correct, many of them do attend extracurricular activities at public schools in addition to this but as far as academics. Hepper: But for four hours a day 3 days a week. Meridian Planning & Zoning Commission March 12, 1996 Page 62 Haacke: That is correct Hepper: And that is enough to do it? Haacke: Yes, the first time I heard about this I was very speculative about it, reservations about the project. But students that are graduating from there, certificates are actually having 10 points higher GED equivalent tests. There are some really positive results coming out of these students, really promote them to achieve outside of the classroom. Hepper: What did you say the hours were? Haacke: Eight to twelve Tuesday, Wednesday, Thursday. Hepper: A.M. or P.M.? Haacke: A.M., have I addressed all those questions? Hepper: Yes, thank you. Is there anyone else? Seeing none I would close the pubic hearing. Shearer: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions of law. MacCoy: Second Oslund: Discussion, we don't have any comments from ACRD. (Inaudible) Crookston: Depending upon when we get them. Oslund: I would like to offer an alternate (inaudible). We have no clue what ACHD wants on this at this point. Shearer: I would like to amend the motion for the attorney to prepare to include the ACHD findings when they arrive. McCoy: Second Crookston: If they arrive on or before (inaudible) Thursday the 5th, 4th. Meridian Planning & Zoning Commission March 12, 1996 Page 63 Shearer: In way of discussing that the ACHD really has nothing to do with our conditional use. Our conditional use is for the school, ACHD's findings will be binding on the building permit when he goes for a building permit on this thing therefore we really don't need ACHD material for this conditional use because it has nothing to really do with this conditional use. Oslund: Wayne do you have an opinion that you would like to share? Crookston: I will share an opinion, you may be exactly right Jim but it is nice to have the ACHD findings and make them a requirement for the conditional use, the annexation or whatever. Shearer: It is going to be required for the building permit anyway. Crookston: Butrf you have them (inaudible) then they are written down and the applicant then knows what is required what the City is requiring which with ACHD they are exactly the same thing as what ACHD is requiring but it is just nice to have them written down so the applicant knows he has to meet those. Shearer: The problem 1 see Wayne is that the architect will not submit to ACHD until he gets his plans done and he can't, he doesn't want to do plans for a building that he can't build because we don't approve a conditional use. This is not a subdivision or a site situation it is going to be a building plan. Crookston: It is up to the Commission, I will do whatever you people direct. (Inaudible) Shearer: I would like to withdraw my amendment to my motion. MacCoy: Second Osl~hd: We have an original motion by Commissioner Shearer and second by Commissioner MacCoy to have the City Attorney prepare findings of fact and conclusions of law for this item, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: SEVENTH DAY ADVENTIST SITE PLAN REVIEW: Hepper: Is there somebody here that would like to discuss that with us? Meridian Planning & Zoning Commission March 12, 1996 Page 64 Doherty: My name is Ed Doherty and I am the Building Chairman for the project. I just came here tonight to find out when we are going to get our permit. That is about it. Hepper: I don't know talk to the Building Inspector I guess. Doherty: I was wondering what this site plan review had to do with, are you going to approve the site plan? Hepper: I don't know that is something that really falls upon us does it? Oslund: You are asking the same question that we are asking, what is this all about? Hepper: We are basically asking why are we looking at it. Gary? Smith: Commissioners typically the site plan comes in with the building plans and we review, the Public Works Department reviews the site plan, Shari Stiles review them and all of those comments are sent back to the Building Inspectors from whence the plans came and any comments that are on the plans as result of those reviews are returned to the architect for changes, revisions, additions. I believe the Fire Department gets a copy of the plan, Shari gets a copy, the Water department gets a copy, my department gets a copy and the plans are sent out for the building plan check by an outside plan checker and all of that review information then comes back to Daunt Whitman our Building Inspector then he sends it back if there are comments and revisions needed they go back to the architect for revision. So I really don't know when we saw this on the agenda we were a little surprised as to why it was there. MacCoy: Do you want our drawings back or do you have enough of them right now? Smith: Do I want your drawings back? MacCoy: We all have sets of drawings. (Inaudible) Smith: I thought perhaps at first that it was a design review issue, that is why we didn't comment, Public Works didn't comment. Because we will do our regular site plan review when it, as part of the building permit process. Oslund: I believe the ordinance does say at one time I read it all the way through it did say that technically P & Z is supposed to get site plans back for this review. We have never done it before at least since I have been here, two or three months. Meridian Planning & Zoning Commission March 12, 1996 Page 65 (Inaudible) MacCoy: We had the discussion in the workshop and we said we were not geared for that type of (inaudible) Oslund: The ordinance does say they should come back to P & Z after you get your final plat basically your construction drawings (inaudible). Crookston: I don't believe I did write that. (Inaudible) Oslund: That this was something I was talking to Will to, sorry about that Will, if we are going to review stuff like that well I am not sure that we need to but if we are I think it should only be on the turns of (inaudible) conform with what was approved. Clearly stuff like that is getting through, I hear stories all the time about a guy comes in and gets something approved and goes out and builds something totally different. (Inaudible) Oslund: I am not saying it is our problem but it has to be fixed. Hepper: That is what our new enforcement officer is supposed to be doing, checking on those things. Shearer: (Inaudible) Hepper: I guess what I get out of all of this is we don't even need to see this. (Inaudible) Doherty: Well I came in at 8:30 knowing it wasn't going to get done before that. So you gentlemen have nothing (inaudible). Oslund: Just tell them we approved it. (Inaudible) Hepper: Have you already turned your plans in? Doherty: We already turned everything in we are just waiting for final approval. Meridian Planning & Zoning Commission March 12, 1996 Page 66 (Inaudible) Doherty: We tumed in our application and plans bads in October. That is why I came here tonight to find out if you gentlemen knew anything that we could do to help hurry the project along. (Inaudible) Crookston: There are some ordinances in the development code that says that the Planning and Zoning Commission has the ability to approve or deny, I would just have to look back at the ordinance to see what it said. (Inaudible) Hepper: Have you been in touch with the Building Department? Doherty: We have our contractors keeping in touch with them several times a week. (Inaudible) Doherty: I am sorry, November we turned in our permit and we tumed in our plans. We were hoping to have gotten started on this at the end of February. (Inaudible) we had our ground breaking a week ago Sunday. (Inaudible) Crookston: I would have to go back and look. It was annexed years ago. Berg: (Inaudible) if this body has to check it or approve it if that comes to the case we should probably schedule a special meeting and get it done for them. (Inaudible) Oslund: Do we need a motion on this? Hepper: No I don't think so it is just (inaudible). Shearer: I move we adjourn. (Inaudible) Meridian Planning & Zoning Commission March 12, 1996 Page 67 Oslund: Second Hepper: All those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 11:40 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTEST: WIL AM G. BERG, JR., CITY C RK CITY OF MERIDIA PUB~C MEETING SIGN- SHEET ~~ ~~ ~.:~,~`'J l~ :lib MAR 1 "l 1~'~~i CITY CDF ~tE'~:IIy1A1 -Oo~U CITY OF MERIDIA PUB~C MEETING SIGN- HEET ~C)rIVEi) MAR 1 2 fS~6 CITY OF MERI~lAt~ ~~ ~~ ~ ~ A 1 n ~ ,t a-vt.~~ 2s X - I -~ l I F~ (o ,... - ~ - - MERIDIAN PLANNING 8 20NING COMMISSION MEETING: MARCH 12.1996 APPLICANT: ROGER ANDERSON AGENDA ITEM NUMBER: 6 REQUEST: REQUEST FOR VACATION OF EASEMENT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: YQ L ~I~~~~ ~ ~ I' ~~ ~~ All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN CITY PLANNINO AND ZONING COMMISSION ROOER L. ANDERSOR APPLICATION TO VACATE SEWER ARD WATER EASSMENT 75 W. TAYLOR STREET FUTUR-IDA SUBDIVISION SOUTHEAST 1/4 OF SECTION 12, T.3N., R.1W. MERIDIAN, IDARO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing February 13, 1996, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Applicant appearing through hia representative, Jerry Ellis, and having heard and taken oral and written testimony, and having duly considered the matter, the Meridian Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the vacation of the sewer and water easement was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 13, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly conaidered at the February 13, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. VACATION OF EASEMENT\ANDERSON Page 1 2. That this property is located in the Futur-Ida Subdivision in the Southeast 1/4 of Section 12, T.3N., R.lw., Boise Meridian, Ada County, Idaho, and is owned by Sundance Investments Limited Partnership. 3. That the Applicant requests a vacation of the sewer and water easement which easements were reconfigured on this particular property; that both water and sewer lines were relocated on the site so as not to conflict with the expansion of the building being occupied by the Friedman Bag Co. 5. That the property is currently zoned I-L, Light Industrial District. 6. That 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. 7. That Bruce Freckleton, the Assistant to the City Engineer, the Police and Fire Department and the Nampa & Meridian Irrigation District, submitted comments and such are incorporated herein as if set forth in full. 8. That comments from the Planning and Zoning Director, VACATION OF EASEMENT\ANDERSON Page 2 Shari Stiles are forthcoming and shall be incorporated as if set forth in full, if received. 9. That there was no public testimony objecting to the vacation of easements. 10. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission 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 and of Idaho Code, Section 50-1306A have been met. 2. That the City of Meridian has authority to vacate easements pursuant to Idaho Code, Section 50-1306A and Section 11- 9-611A, Vacations and Dedications, of the Revised and Compiled Ordinances of the City of Meridian. 3. That since the Public Works Department has approved plans and construction for the relocation of the existing sewer and water mains of the proposed site and the legal descriptions and supporting documentation for the vacation have been reviewed and approved by the Public Works Department, and since there is no objections to the vacation of the easements, the easements should be vacated. VACATION OF EASEMENT\ANDERSON Page 3 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER OSLUND SHEARER MacCOY VOTED VOTED ) C ~" VOTED ~ ^~ VOTED °_ G- CHAIRMAN JOHNSON (TIE BREAKER) DECISION AND VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the vacation of the sewer and water easement at 75 W. Taylor Street. MOTION: APPROVED : ~_ /f ~1 DISAPPROVED: VACATION OF EASEMENT\ANDERSON Page 4 MERIDIAN PLANNING & ZONING COMMISSION MEETING: MARCH 12. 1996 APPLICANT: ANGELA MILLER AGENDA ITEM NUMBER: 7 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: - ~~I~ ~ (~ r°~~ ~~,~ ~~~P JQ ~ ~"~~ ~ Materials presented at public meetings shall become properly of the City of Meridian. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ANGELA M. MILLER CONDITIONAL USE PERMIT FOR GROUP DAY CARE 1285 CRESMONT DRIVE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing February 13, 1996, at the hour of 7:30 o'clock p.m., the Petitioner, Angela M. Miller, 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 February 13, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 13, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That this property is located within the City of Meridian and the Applicant is the owner of the property which is currently. under construction; that the property is currently zoned R-8 FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Page 1 Residential; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 A., Residential, Group Child Care Home is listed as a conditional use in the R-8 District and therefore the R-8 District requires a conditional use permit for the operation of a Group Child Care Home. 3. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: (x-tt( Medium Density Residential District: The purpose of the (R-8) District is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 4. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 5. That the property is located in MIDTOWN SQUARE SUBDIVISION, Block 5, Lot 12, an R-8 single-family residential subdivision; that it is one block to the south of Cherry Lane. 6. That the intention of the Applicant is to operate a group day care for six (6) to twelve (12) children; that the hours may be flexible from 6:30 a.m. until 7:00 p.m. a few days in the week and from 7:00 a.m. to 5:30 or 6:00 p.m.; that the Applicant stated that she'd like to have the children gone by 6:00 p.m. 7. The Applicant testified that she was previously licensed FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Page 2 in Boise for twelve (12) children; that the Applicant is not aware of any opposition and that she has contacted her one neighbor and they are in favor of this application; that the house is currently under construction and will have a large fenced yard; that a swing set and some Fisher Price play equipment will occupy the. backyard and Ms. Miller agrees to pay any additional fees for sewer, water and trash; that the Applicant has a two car driveway which will access the drop off and pick up of the children as well as her home, which is located at the end of the Crestmont Drive; the use should not see a lot of traffic. 8. The Assistant to the City Engineer, Bruce Freckelton, submitted comments which are incorporated herein as if set forth in full herein; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; that all signage shall be in accordance with Meridian City Ordinances; that off-street parking shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning Ordinance and/or as detailed in the site-specific requirements; that sewer and water to this facility would be by means of existing service lines; that assessments for service will be reviewed during the building plan review process. 9. The Planning and Zoning Director, Shari Stiles, submitted comments which are incorporated herein as if set forth in full; that the Applicant is to limit children to no more than 12; the total number of children cared for during the day, and not the FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Page 3 number of children at the facility at any one time, is determinative; that Applicant should also instruct parents dropping off children to turn around in the driveway and avoid using the cul-de-sac as a turnaround to minimize impact on additional homes; that signage/advertising should not be permitted; that all fire and life safety codes shall be complied with; that the Applicant shall secure and maintain a child care license from the Idaho Department of Health ~ Welfare, acquire a certificate of occupancy, and furnish evidence of both to the City of Meridian; that this permit may be reviewed annually. 10. Central District Health Department, Meridian Fire Department, Meridian City Police Department, and the Nampa & Meridian Irrigation District submitted comments and they are hereby incorporated herein. 11. Commissioner MacCoy submitted statements regarding this application and they are hereby incorporated herein as if set forth in full; that a fence type and height with child proof gate locking devices be in place to comply with Meridian City Codes; that the home is to have code approved smoke/fire detectors in place prior to approval and accepting children; that the hours of operation be stated; that safe entrance and exit of vehicles dropping off and picking up of children and that adequate lavatory facilities per existing codes and ordinances shall be required. 12. That there was no other testimony given at the hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Paqe 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 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 has the authority to take judicial notice of its own ordinances and proceedings, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. 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 that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities, may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. That section 11-2-418 D. states as follows: "In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in FINDINGS OF FACT AND. CONCLUSIONS OF LAW\MILLER Page 5 conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence." 6. That the City has judged this Application for a conditional use permit upon the basis of guidelines contained in Section 11-2-418 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 may take judicial notice. 7. 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 and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be 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 use. c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and FINDINGS OF FACT AND CONCLUSIONS OF LAW~MILLER Page 6 maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic will increase, but due to the drop-off and pick-up being off of the street it should not be a problem. e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use. 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. If the conditions involve a use, activity, conditions of operation person, property or the excessive production of glare or odors. are met, the use should not process, material, equipment or that would be detrimental to general welfare by reason of traffic, noise, smoke, fumes, h. That sufficient parking for the proposed use will be required to 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. 8. That since conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a) The hours of operation shall be restricted, as stated by the Applicant, from 6:30 a.m. to 6:00 p.m. b) The children, if outside, be maintained in the fenced area, as required below. c) That the Applicant shall meet the State of Idaho Health FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Page 7 and Welfare requirements for staff to children ratio. d) That there shall be fencing, gates, and locks for the outside play area such no children can leave the property without an adult unlocking and opening the gate to let the child or children out of the play area; no children shall be allowed outside of the play area or the home without an adult being present with the child or children; the fence shall be maintained in good repair and the children, when outside, shall stay in the fenced area and the children shall not be allowed outside of the fenced area or the home, except for drop-off and pick-up times, but an adult shall be with them at all times if the child or children are waiting to be picked up. e) That the Applicant shall hold and maintain a State of Idaho Day Care License for a group day care. f) That the conditional use should not be restricted to a period of authorization but may be reviewed annually upon notice to the applicant for violation of any of the conditions as has been done in other day care conditional uses and other conditional use applications. g) That the conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another property. h) That the Applicant must meet the requirements of the Central District Health Department and the State of Idaho Department of Health and Welfare. i) That the Applicant shall meet the requirements of the City Engineer's office, including the re-assessment agreement, Planning Director, and other governmental agencies submitting comments. 9. That there shall be no more than twelve (12) children cared for at the home throughout the day; that this number of children is arrived at from the total number of children at the facility and not the number of children at the facility at any one time. 10. That the above conditions are concluded to be reasonable and the Applicant shall meet these conclusions. FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Page 8 11. That it is recommended that if the Applicant meets the conclusions stated above that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Concluaions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER OSLUND VOTED VOTSD~ COMMISSIONER SHEARER VOTED a~~ COMMISSIONER MacCOY VOTED {_e/ CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Concluaions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, Uniform Fire Code and other Ordinances of the City of Meridian. The conditional use should be subject to FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLER Page 9 review upon notice to the Applicant by the City. MOTION: APPROVED:~_~ FINDINGS OF FACT AND CONCLUSIONS OF LAW\MILLSR Page 10 MERIDIAN PLANNING & ZONING COMMISSION MEETING: MARCH 12.1896 APPLICANT: KATHLEEN LAWRENCE AGENDA ITEM NUMBER: 6 REQUEST: REQUEST FOR A CONDITIONAL USE PERMR FOR A GROUP DAY CARE A NCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: _ ~ ~: ~~ r ~~ y l~~ ~ ~ Jr, ~ ~~~y tf'~ /ti b ~tt~~ a~P All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION KATHLEEN LAWRENCE CONDITIONAL USE PERMIT FOR GROUP DAY CARE 889 N. FILLMORE WAY MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing February 13, 1996, at the hour of 7:30 o~clock p.m., the Petitioner, Kathleen Lawrence, 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 February 13, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 13, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That this property is located within the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW\LAWRENCE Page 1 1 and the Applicant is the owner of the property; that the property is currently zoned I-L Light Industrial District; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 A., Residential, Group Child Care Home is not listed as a conditional use in the I-L District and therefore in the I-L District a conditional use permit is not allowed as a permitted use or a conditional use for the operation of a Group Child Care Home. 3. That 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. 4. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 5. That the property is located in CROSSROADS SUBDIVISION, Block 5, Lot 6, which is zoned Light Industrial; that the land where Crossroads Subdivision is located is all zoned I-L but the FINDINGS OF FACT AND CONCLUSIONS OF LAW\LAWRENCE Page 2 land was also later given the right to be developed in a planned unit development fashion; that Crossroads Subdivision, an R-4 or R- 8 residential development was allowed to locate in the I-L zone even though residences are not permitted in the I-L zone. 6. That the Applicant wishes to operate a group day care for up to twelve (12) children in her home. 7. The Applicant testified that she has just moved into the new built home on December 5, 1995; that a fence will be erected as soon as the yard is fine graded; that the fence will be built with six (6) foot 4X4 boards with hopefully a self locking gate; that the 2 car garage will not be part of the day care; that the Applicant stated that the hours of operation she would like to have, be from 7:00 a.m. until 6:00 p.m.; that her preference would be preschool age children, but will not be limited to just that age group; that there will be no sign or outside lighting other than what is allowed by the covenants of the subdivision; that the driveway will be open for parking, and Applicant agrees to pay any additional fees for sewer, water and trash. 8. That the Applicant is aware that the zoning is Light Industrial. 9. The Assistant to the City Engineer, Bruce Freckelton, submitted comments which are incorporated herein as if set forth in full herein; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; that all FINDINGS OF FACT AND CONCLUSIONS OF LAW\LAWRENCE Page 3 signage ahall be in accordance with Meridian City Ordinances; that off-street parking shall be provided in accordance with Section 11- 2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in the site-specific requirements; that sewer and water to this facility would be by means of existing service lines; that assessments for service will be reviewed during the building plan review process. 10. The Planning and Zoning Director, Shari Stiles, may submit comments at a later date which will be incorporated herein as if set forth in full. 11. Central District Health Department, Meridian Fire Department, Meridian City Police Department, Nampa & Meridian Irrigation District, and the Sewer Department submitted comments and they are hereby incorporated herein. 12. That Commissioner MacCoy submitted statements regarding this application and they are hereby incorporated herein as if set forth in full; that a fence type and height with child proof gate locking devices be in place to comply with Meridian City Codes; that the home is to have code approved smoke/fire detectors in place prior to approval of accepting children; that the hours of operation be stated; that adequate lavatory facilities per existing codes and ordinances be required and be there at a site visit; the vehicle drop-off/pick-up of children appears to be acceptable. 13. That there was no other testimony given at the hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW\LAWRENCE 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 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 has the authority to take judicial notice of its own ordinances and proceedings, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. 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 that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities, may be attached to the permit; that 11-2-418 (D) authorizes the City. to prescribe a set time period for which a conditional use may be in existence. FINDINGS OF FACT AND CONCLUSIONS OF LAW\LAWRENCE Page 5 5. That Section 11-2-418 D. states as follows: "In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence." 6. That the City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 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 may take judicial notice. 7. That the conditional use permit shall be treated as being conducted in an R-8 Residential District and not Light Industrial since the land is developed and used as a residential subdivision. 8. 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 and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW\LAWRENCE Page 6 a. The use, would in fact, constitute a conditional use and a conditional use permit would be 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 use. c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic will increase, but due to the drop-off and pick-up being off of the street it should not be a problem. e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use. 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. If the conditions are met, the use should 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, noise, smoke, fumes, glare or odors. h. That sufficient parking for the proposed use will be required to 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. That since conditions may be placed upon the granting of FINDINGS OF FACT AND CONCLUSIONS OF LAW\LAWRENCE Page 7 a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a) The hours of operation shall be restricted from 7:00 a.m. to 6:00 p.m. b) The children, if outside, be maintained in the fenced area, as required below. c) That the Applicant shall meet the State of Idaho Health and Welfare requirements for staff to children ratio. d) That there shall be fencing, gates, and locks for the outside play area such that no children can leave the property without an adult; no children shall be allowed outside of the play area or the home without an adult being present and with the child at all times; the fence shall be maintained in good repair and the children, when outside, shall stay in the fenced area and not be allowed outside of the fenced area or the home, except for drop- off and pick-up times, but an adult shall be with them at all times if the child or children are waiting to be picked up. e) That the Applicant shall hold and maintain a State of Idaho Day Care License for a group day care. f) That the conditional use should-tte~-be restricted operate only from 7:00 a.m. to 6:00 p.m. and shall be reviewed annually upon notice to the Applicant. g) That the conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another property. h) That the Applicant must meet the requirements of the Central District Health Department and the State of Idaho Department of Health and Welfare. i) That the Applicant shall meet the requirements of the City Engineer's office, including the re-assessment agreement, Planning Director, and other governmental FINDINGS OF FACT AND CONCLUSIONS OF LAW\LAWRENCE Page 8 agencies submitting comments. 10. That there shall be no more than twelve (12) children cared for at the home throughout the day; that this number of children is arrived at from the total number of children at the facility and not the number of children at the facility at one time. 11. That the above conditions are concluded to be reasonable and the Applicant shall meet those conditions. 12. That it is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED ~P~:~. VOTED f ~+- VOTED (' °~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW\LAWRENCE Page 9 DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the requirements stated in these Conclusions of Law, the water and sewer requirements, the fire and life safety codes, Uniform Fire Code and other Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: / APPROVED :. l+ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW\LAWRENCE Page 10 MERIDIAN PLANNING & ZONING COMMISSION MEETING: MARCH 12.1996 APPLICANT: AVEST AGENDA ITEM NUMBER: 9 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHEVRON CSTORE. FUEL ISLANDS. CAR WASH AND DRNE THRU WINDOW AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW ~~ y ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: rq~~- ~~~ fl ~ ~ ~ ~N' G~ ~Y All Materials presented at public meetings shall become property of the City of Meridian. BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN CHEVRON C-STORE CONDITIONAL USE PERMIT LOT 7, BLOCK 1 OF AVEST PLAZA LOCUST GROVE AND FAIRVIEW MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use application having come on for consideration on February 13, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Petitioner appearing through ite representative, Larry Durkin, and the Planning and Zoning Commission having heard and taken oral and written testimony and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for February 13, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 13, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 1 annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 4,000 square feet in size. 3. That the property is presently zoned C-G General Retail and Service Commercial (C-G); that the specific use for the property will be for a Chevron C-Store, providing a fuel island and a car wash, in addition to a drive-thru window located along the north side and generally accessed from the southeast, which application requires a conditional use permit. 4. That the General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-G1 General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409. 6. That the property is located in the northeast corner of the Avest Plaza on Fairview Avenue just east of Locust Grove Road; that the application complies with the Meridian Comprehensive Plan. 7. That Avest Limited Partnership is the record owner of the above referenced property and has consented to the application and FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 2 has requested this conditional use and the application is not at the request of the City of Meridian. 8. That the Meridian City Planning Director, Shari Stiles, the Assistant to the City Engineer, Bruce Freckleton, Police Department, Fire Department, the Ada County Highway District, Central District Health Department, and the Nampa and Meridian Irrigation District submitted comments and they are incorporated herein as if set forth in full. 9. That Bruce Freckleton, the Assistant to the City Engineer, submitted comments; that any existing irrigation/drainage ditches crossing the property shall be tiled; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation; that a drainage plan designed by an architect or an engineer shall be submitted for all oft-street parking areas; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; that all signage shall be in accordance with Meridian City Ordinances; that off-street parking, paving and striping, shall all be provided in accordance with City Ordinances; that sanitary sewer service shall be to the sewer line installed in Dixie Lane adjacent to the east; that water service to the proposed site shall be to the existing water line installed as part of the Avest Plaza Subdivision and that assessment fees for water and sewer service shall be determined during the building plan review process; that Late Comers fees will also be charged on FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 3 installing the water and sewer mains to help reimburse the parties responsible for installing the lines. 10. That the Planning and Zoning Administrator, Shari Stiles submitted comments and they are incorporated herein as if set forth in full as follows: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled by City Ordinance 11-9-605.M.; that plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service except that such wells are used for non- domestic purposes such as landscape irrigation. 3. That prescriptive use of Dixie Lane must be continued until access is no longer needed. 4. That a minimum of one (1) three-inch (3") caliper tree is to be provided for every 1,500 square feet of asphalt; that twenty-six (26) such trees are required and that a detailed landscape plan be provided that includes sizes of plants for approval prior to obtaining building permit. 5. Parking stalls are to be a minimum of 19' long with minimum 25' wide driveways. 6. That a Certificate of Occupancy must be received prior to operation and must be approved by the Building, Fire and Planning and Zoning Departments. 7. Coordinate accesses and roadway improvements with the Ada County Highway District and fire hydrant placement with the City of Meridian's Water Works Superintendent. 8. That illumination of the parking lot shall not result in glare or spillover to adjacent properties or traffic on Fairview Avenue. 9. That temporary fencing shall be provided to contain debris prior to obtaining building permits. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 4 10. That all conditions of the Development Agreement previously approved for this parcel be complied with. 11. That the Ada County Highway District (ACHD) submitted comments and they are incorporated herein as if set forth in full; that some site specific comments include the construction of a 5- foot wide sidewalk along Fairview Avenue and pavement tapers for acceleration and deceleration at the loop road intersection with Fairview; that the loop road shall be a maximum of 37-feet wide at the intersection with Fairview; that a pedestrian/bike path along the site's east boundary be constructed and the southern driveway on the loop road shall be located a minimum of 50 feet north of Fairview Avenue and shall be constructed as a 24-foot wide driveway to be signed for a right-in/right-out only. 12. The Meridian Police and Fire Department Departments Central District Health Department, and the Nampa and Meridian Irrigation District submitted comments; that all such comments are incorporated herein as if set forth in full. 13. That Larry Durkin, the Applicant's representative, testified that this application included some modification to the north property line of this projects Lot 7; that some of Lot 8 was applied to Lot 7 creating a larger parcel for this structure. 14. Mr. Durkin stated that this project is a 4,000 square foot building with your typical convenience items and food items as well as the car wash and pampa; that on the northwest corner of this structure will be a drive through facility for picking up milk and things of that nature; that there will be a small sign in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 5 center of the structure and that the lighting is consistent with the overall lighting plan for the entire development. That Mr. Durkin stated that he would be happy to add a condition that the lighting by the same lighting program as the Fred Meyer parcel, which he feels is already consistent with the non-glare type lighting. 15. He also testified that the landscaping along Fairview Avenue is identical of the overall front of the whole center; that the landscaping plan will be aggressive, nice landscaping that will carry to the east corner of Lot 7 without any change; that since Lot 8 is to the north of this project and since a modification to the lot line between Lots 7 and 8, there is a cross easement and use agreement between Lot 7 and Lot 8; that these two properties will share access points and since Lot 8 is the last vacant parcel, the developer plans on building a facility that will be compatible with Chevron C-store. 16. Mr. Durkin testified that the ground water on the site is collected and automatically goes through a filtering system; that the car wash is filtered many times a day and the holding tank water is recycled and will go into the sewage system after it is completely filtered through the system. 17. That was no other testimony given. 18. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 6 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 Title 67, Chapter 65, Idaho Code, and Section 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. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 7 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. The property will have to be furnished sewer and water service which shall be the responsibility of the Applicant. e. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. 5. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Uniform Electrical Code, the Fire and Life Safety Code, all parking and paving requirements. 6. That all conditions and requirements of the Assistant to the City Engineer and City Planning Director shall be met and complied with. 7. That a conditional use for a drive-through window must be applied for and obtained. APPROVAL OF FINDINGS OF FACT ARD The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY VOTED VOTED' e°i VOTED VOTED e ~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 8 DECISION AND RECOlQ1ENDATION The Meridian Planning and Zoning Commission hereby recommends to the Meridian City Council 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: ~j APPROVED/: ~ ~F^ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - CONDITIONAL USE/CHEVRON Page 9