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1996 12-10 MERIDIAN PLANNING & ZONING COMMISSION AGENDA TUESDAY, DECEMBER 10, 1996 - 7:00 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD NOVEMBER 12, 1996: (APPROVED) TABLED NOVEMBER 12, 1996: ANNEXATION AND ZONING REQUEST FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: (TABLED UNTIL FEBRUARY 11, 1997) 2. TABLED NOVEMBER 12, 1996: PRELIMINARY PLAT FOR PACKARD SUBDIVISION N0.2 BY PNE/EDMONDS CONSTRUCTION: (TABLED UNTIL FEBRUARY 11, 1997) 3. TABLED NOVEMBER 12, 1996: PRELIMINARY PLAT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: (APPLICATION WITHDRAWN) 4. TABLED NOVEMBER 12, 1996: CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: (APPLICATION WITHDRAWN) 5. TABLED NOVEMBER 12, 1996: CONDITIONAL USE PERMIT FOR A KARATE CLASS BY BRAD AND DEBBIE MILLER: (APPLICATION WITHDRAWN) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE FROM R-4 TO L-0 FOR PARKING FOR NEW MERIDIAN LIBRARY BY MERIDIAN FREE LIBRARY DISTRICT: (APPROVE FINDINGS; APPROVE RECOMMENDATION) 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE FROM R~1 TO C-C FOR AN ANTIQUE, CRAFT AND COLLECTIBLE SHOP BY EUGENE PETERS: (APPROVE FINDINGS; APPROVE RECOMMENDATION) 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR ANEW/USED R.V. SALES/SERVICE FACILITY BY ZAMZOWS: (APPROVE FINDNGS; APPROVE RECOMMENDATION) 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION FACILITY BY WESTERN PCS II CORP: (APPROVE FINDINGS; APPROVE RECOMMENDATION) 10. FINDINGS OF FACT AND CONCLUSIONS OF lAW FOR A CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO.7 BY STEINER DEVELOPMENT: (APPROVE FINDINGS WITH INSERT OF 1100 SQUARE FOOT MINIMUM; APPROVE RECOMMENDATION) 11. PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT (TABLED NOVEMBER 12, 1996): (APPROVE PLAT) 12. PUBLIC HEARING: REQUEST FOR A VACATION OF FARMINGTON ESTATES NO.2 PLAT AND STREETS BY ED BEWS: (RECOMMEND APPROVAL) 13. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE FOR 12 CHILDREN BY PATRICIA REED: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 14. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO I-L BY PROPERTIES WEST, INC.: (NEED TO RENOTICE HEARING) MERIDIAN PLANNING AND ZONING COMMISSION DECEMBER 10. 1996 The regular meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:00 P.M.: MEMBERS PRESENT: Keith Borup, Greg Oslund, Jim Shearer: MEMBERS ABSENT: Malcom MacCoy: OTHERS PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Shannon Spencer, Dale Sharp, Helen Sharp, John Bookes, Tyler Couch, Erik Fisher, Tyler Richardson, Kevin Golightly, Tim Golightly, Gary & Debbie Little, Dixie Lee Roberts, Brian Draper, Wart Edmonds, Vern Alleman, Steve Bradbury, Patricia Reed: MINUTES OF PREVIOUS MEETING HELD NOVEMBER 12, 1996: Johnson: You have read the minutes, are there any corrections, deletions or additions? Shearer: Mr. Chairman I move we accept the minutes as written. Oslund: Second Johnson: It has been moved and seconded that we accept the minutes as prepared, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Just a short announcement, if you happen to be here for items 3, 4 or 14 we won't be hearing those this evening. Three and four is Ranch Subdivision that has been formally withdrawn by the applicant. On number 14 which was a public hearing request for annexation and zoning by Properties West Inc. off Franklin Road, that was improperly noticed so that will have to be renoticed. ITEM #1: TABLED NOVEMBER 12, 1996: ANNEXATION AND ZONING REQUEST FOR PACKARD SUBDIVISION N0. 2 BY PNE/EDMONDS CONSTRUCTION: ITEM #2: TABLED NOVEMBER 12, 1996: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: Johnson: This application was initially submitted to us in June of 1995 I believe and has virtually been tabled from day one. I don't know what kind of feedback the City has had since cur last tabling which I believe was in July. Shearer. Mr. Chaimtan, I see a representative from that group here, 1 was wondering if he could give us some information on that project? Meridian Planning & Zoning Commission December 10, 1996 Page 2 Johnson: Yes, we didn't continue the public hearing did we, I of course couldn't remember back that far. But we would be glad to take a comment if someone has a comment or the applicant (inaudible) what is new happening if anything. Edmonds: My name is Wart Edmonds from 1966 N. Stoneview in Boise. I am one of the developers, our engineer is not here tonight. We haven't been getting any notices of this we thought it was tabled indefinitely until we got the sewer right of way worked out through Vern Alleman's property. After the last time it was tabled, not the last time but back I believe in March I left for Japan and hadn't been back. I haven't heard anything from anybody and at that time Hubble Engineering was doing some work for Vem Alleman to lay out his land to see where the sewer and the roads went and all of that. Until today I haven't heard anything on this and I had heard it was coming up tonight so I came over to see Gary Smith today. I tried to get an appointment with Shari but we haven't managed to do that today. So, at this point we haven't done anything different, we are still waiting on everything to fall in line to get the easement through Alleman's property 'rf we can and go forward with it. So that is where it is so I showed up tonight not knowing a whole lot about it but Pat Tealey he is not here he called me this morning and let me know that I should be here or somebody should be. We are still interested, we still want to do it at this point 1 don't know where to go from here with what we need to do next for you. Johnson: We don't try to keep these things a secret, so somebody has been getting notification and from our position just speaking for myself when things drag on this long without any contact or discussion or some of the items that we discussed have not been addressed then we are really of the opinion or of the feeling that we just start over because property owners change in this area. Those people that were originally noticed about your development may not be the same people now. And circumstances may have changed. That is virtually what has happened with items 3 and 4 tonight. I think you can understand our position in that. I have had some contact with Vem Alleman who happens to be here this evening. Just when (inaudible) to see if he has heard anything new. The last time 1 spoke with Mr. Alleman he can verify this tonight is that he hasn't had any further contact regarding his easement there. Edmonds: I went to see him before I left, he was sick with the flu at the time I had been out there 3 or 4 times and at that time he needed to get this property engineered to see where the roads go. Well we offered to let Pat Tealey and he walled his engineer to do it. So that was the plan for him to get that and then get back to me when he got the thing laid out, I haven't seen one yet. But I just found out tonight he said he did have that, the plan on that, but I haven't seen it. That is where it is now, we have to get with him I guess and see what he wants to do. Johnson: The disappointing thing from our viewpoint or at least my viewpoint is that we Meridian Planning & Zoning Commission December 10, 1996 Page 3 have been inconveniencing people with these notices to come to these meetings and they come here and we don't do anything so they more or less wasted their evening. Edmonds: Well that is what 1 thought it was indefinitely postponed when I left to go to Japan because we haven't received one notice and Pat Tealey swears that he hasn't received one. Johnson: This body does not table things indefinitely, by law we have to table to a date certain. So we always table to, I can't answer that because I don't do notifications, but usually there is someone that wants to read the minutes or to be in attendance at the meeting representing you as the developer so they will know what is going on. Edmonds: Right, we didn't know, (Inaudible) Johnson: We never just table things until (inaudible) we always have to pick a specific date to table it to. And we tabled it last time for our meeting in December. That is why we are on the agenda tonight. Did anyone else have anything they would like to add to this right now? Oslund: Well right now we are witnessing a good example of what a waste of time this is. We have all of these people waiting here for active items on the agenda. I have on)y been on P & Z for about 11 months but this one has been tabled every meeting since I have been on board. I personally am getting kind of tired of tabling it let's get it off the agenda or do something with it and stop wasting people's time. Johnson: ff you have a question about our not cation procedure then you need to get with Shan Stiles or Will Berg who can direct you to that. I don't do that personally, we don't do those. So you will know what the program, what little feedback I have had as I have said it has just been because I run into Vern once in awhile and talk to him. Shearer. ff we tabled this to next month do you think that you would have time to proceed with the thing at that time? Edmonds: (Inaudible) Johnson: At this point we have got to get everything on the recording so if you are going to talk to us we need you in front of the mic. Edmonds: I will say that again then so you can get it on the recording. We are ready to go forward at any time with whatever requirements that you have got here. As far as him mentioning awhile ago about tabling and wasting people's time we were tabled three times Meridian Planning & Zoning Commission December 10, 1996 Page 4 before I left. Every time, we have tried to get this thing going, we want to get it going. But if we are spinning our wheels it is not going to work, we need to know that too. And we will go differently. At this point we are willing to do and I think we have represented that all the way through Packard One and everything else to do whatever we can to make this work. We have accepted everything and everybody has come along with. So we just need to know what you (inaudible) Johnson: Are you still working with the, not that this is any of my business but are you still represented by an engineer, Pat Tealey? And Pat certainly knows the procedures? Edmonds: No, he told me today that he didn't know, he was over here on Dove Meadows, he is doing that for Dave Leader at the last meeting he said I heard something about Packard No. 2 we need to get over there and check it out with Gary and with whatever I forget her name there Stiles to see what is going on over there. He said I haven't been notified about anything and we haven't either. So I don't know how we are supposed to get this information when you are going to have a meeting and have our stuff on the agenda if somebody don't notify us. Borup: Mr. Chairman, t think the question that we had is from your aspect would it be better to table it for January or February? Edmonds: Well let me be honest with you, at this time I don't know what we have to do to get back to satisfy this Commission. I don't know the items other than the one with the sewer easement. I talked to Mr. Alleman tonight and I told him I am ready to go to the attomey and draw it up whenever he is ready. That wouldn't take very long if he is ready. Johnson: Apparently you haven't worked with an attorney lately. Edmonds: (Inaudible) 1 will guarantee I will get him into my attorney if he is ready. (inaudible) Johnson: Let me ask a question here of staff, is it possible to give the applicant here a list of the criteria that has to be met before we move forward on this sometime within the next week or so or is that information that is already out there. Certainly our minutes when we tabled it initially would have addressed some of the, my memory isn't good enough to remember back to June of 1995. Shearer: The sewer easement has always been a problem (inaudible) Stiles: Chairman Johnson and Commissioners it has been so long since I have looked at this I have no idea what all the issues are, I know the major thing has always been the Meridian Planning & Zoning Commission December 10, 1996 Page 5 sewer easement through Vern Alleman's property. Whether any of the other conditions have been addressed or the plat changed to reflect those comments I don't know. I am also worried about the public notice requirements and I don't have any idea where we are on that legally. Johnson: Let me ask this question then, the oness is on the applicant to clarify the sewer easement correct? Is the City of Meridian holding that up in any way? Stiles: No Johnson: That is something they have to work out between themselves isn't that correct? Stiles: Yes Johnson: So we can't give them any guidance on how to do that right? Stiles: No Johnson: Well I think then this commission can do what they want to do and make a motion accordingly. I would guess until we are certain that some agreement has been worked out that there is no sense for us to table without for a short period of time and not knowing whether or not anything has been done. So, I really don't have any suggestions on how to handle that any better. It is up to you people what you want to do. The missing item is the same missing item that has been missing for well over a year. There is nothing we can do about that as a City. Oslund: Mr. Chairman, there is the item of the sewer, there may be others. It seems to me that one way we can approach this is direct staff to basically give us the findings again and dig those out and give everybody a copy. I think it is time to bring this to a vote. The applicant has had a lot of time to address these issues and maybe we do it in January or February but I think it is time. Obviously we can go on forever. If it is up to Vern Alleman whether your development goes through that just seems peculiar to me. You are the applicant you are responsible to move it forvvard not Vern. Edmonds: I have done what I can do, I am ready. If he is ready, if he is going to do it let's go do it, if he is not going to do it say so and we don't do it and we do something else. That is where i am at this point. We are ready, and I will do everything 1 can do to put it together. But first off he wouldn't even talk about that until he has seen how it is going to affect his land. He had to go to an engineer and that took a long time. Merkle at Hubble Engineering took forever. We would come back here and supposed to have it in 30 days and we get back here and her wouldn't have it. We did that three times if you look in the Meridian Planning & Zoning Commission December 10, 1996 Page 6 record it was tabled three times for that reason. That has been done now I understand but I haven't seen it. I guess we need to go to the attorney if he is going to go through with it then we will draw up an easement to his liking whatever. We have worked with Gary on the sewer on the manholes, he didn't want any manholes on his property, that is 330 feet. It has to be engineered it had to show manholes on Kevin Howell's property and one on ours and covered back up where they can farm it and no disturb it at all. Put it back just like it is (inaudible) all of that takes time and it is something beyond my control. If I could do it I would do it. Johnson: WeII it is definitely beyond our control. Oslund: I would like to make a motion. Mr. Chairman, I move that first the staff supply us with the findings of fact on this. I am assuming those have been prepared. Johnson: I don't think they would have been, because we tabled this from the very first meeting is that not true? I don't remember. I would have to pull the file on that and I just don't know. Crookston: Excuse me, I believe that findings of fact were initially done on the annexation but as has been said quite a few times prior tonight I would have to go back and look at the record. But I believe that I have done findings on the annexation. Shearer: (Inaudible) Crookston: I think at one time it even went as far as the City Council and findings were done and it came back to the Commission. Johnson: Wetl we are kind of guessing here I guess what we need to do is to find out what we have done and to try and determine whether findings that were prepared that long ago have any worth today. I think that is the decision you have to come up with. And we can't do that unless we analyze those findings. Oslund: I am trying to figure out a way to make a motion that we can get some action at the next meeting and then maybe by February have this thing resolved. But without knowing where we are at. Shearer: I would think that we would table this (inaudible) until January or February date and if nothing is done by then reject it and then start over if it comes back. Johnson: Have you finished your motion, was that a motion Commissioner Oslund? Meridian Planning & Zoning Commission December 10, 1996 Page 7 Oslund: It sounded good to me if it is a motion I will second it. Johnson: No I meant your motion, was that a motion or were you just thinking about making one? Oslund: Well he did so well I am about ready to second his conversation. Crookston: Mr. Alleman would like to make a comment. Johnson: Do you have a comment Vern, help us out here? Alleman: My name is Vem Alleman and I reside at 2101 E. Ustick, Meridian. I thought that perhaps I couldn't testify, I want to testify. Johnson: Well we want your input, if you have some input that will speed this thing along that is what we are looking for right now. Alleman: Okay, to clarify the past it is true, I did have the land surveyed but that wasn't the problem. That has been done a long time and there has been no contact with me on that at all. So since that time, since there has been no contact until today about an hour before 5:00 or somewhere and I wasn't home. that is the only contact that I have had so I have told them that I would work with them but I had to have it done right and 1 had to have an attorney and a planner to do it. So that is where we are at and I understand one thing further which I think should be considered in this is that there is not, that I have been told by the other developer that is involved in this that they have not reached an agreement with him to participate in getting that over to my property. I talked to the developer about that and they have had a problem there because they want to change which way it came across that property. So that is where it is. Johnson: To sum it up then nothing has been worked out and you haven't had any recent contact? Alleman: No Johnson: Thank you Vem Shearer: Mr. Chairman, I move we table this until the February meeting and if at that time we will take action on it one way or another. Oslund: Second and call for discussion. Meridian Planning & Zoning Commission December 10, 1996 Page 8 Johnson: We have a motion on the floor to table this to our February meeting which is February 11, and some discussion prior to the vote. Oslund: I think that on item one we should go ahead and direct the attorney to prepare findings of fact whether they are already prepared or not, that way we will have something to act on the January meeting and not wait until February. Because right now we don't even know that if we may go to February and then find out we don't have any findings and then we need to order them and then we are into March and so I think we need Shearer: (inaudible) we don't have any findings when they research why we can have them done from January to February. Oslund: Your motion was to table to February so we won't even be looking at it in January. So I am saying whether they are prepared right now or not but in January let's look at the findings and consider the findings. Then make a determination at that point. Johnson: Any further discussion, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: What we need to do is review the information that we have already had prepared between now and our next meeting. Let's do that, that is what you are saying. Oslund: (Inaudible) Borup: If there were findings we will have that or maybe the minutes of the last meeting where anything (inaudible) Johnson: So we will update ourselves and perhaps you can give me a call on that Wayne if it is incomplete or whatever. I want to welcome Boy Scout Troop #180 here this evening, I have no idea why you are here. Is this part of a merit badge thing? Good, this is not your tax dollars at work, we are all volunteers here, City Council, that is your tax dollars at work. That is when you want to be critical. ITEM #3: TABLED NOVEMBER 12, 1996: PRELIMINARY FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: ITEM #4: TABLED NOVEMBER 12, 1996: CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: Johnson: We have a letter from the applicant withdrawing the application. I need a motion Meridian Planning & Zoning Commission December 10, 1996 Page 9 I guess to that effect to make it official. Shearer: I so move Borup: Second Johnson: We have a motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea Borup: I just had a question on his request (inaudible) Johnson: City Council can handle the money issue. ITEM #5: TABLED NOVEMBER 12, 1996: CONDITIONAL USE PERMIT FOR A KARATE CLASS BY BRAD & DEBBIE MILLER: Johnson: Has there been any additional information on this given to staff? Stiles: Besides the letter? Johnson: If there is a letter 1 don't have a letter on file. Stiles: They had talked to Dean and were supposed to be providing a letter which basically just said there is already another company that is in that building. But I haven't seen it yet. Johnson: What would you suggest we do, I am not really in favor of tabling this every month either. What is the letter going to say? Stiles: It is going to say they are not continuing with the conditional use permit because there is already somebody else as a tenant in the building. Johnson: Who is going to originate the letter? Stiles: Brad or Debbie Miller Johnson: Not the owner of the property? Stiles: No he wasn't the applicant. Johnson: We don't have the letter? Meridian Planning & Zoning Commission December 10, 1996 Page 10 Stiles: No Johnson: What would you like to do with this, they are not going to go through with this apparently, because it has been rented to other people. Oslund: Can we get it to a date certain, say (inaudible) Shearer: Why can't we just kill it, we have verbal request to withdraw this item and I move that we do so. Borup: Second Johnson: We have a motion and a second to withdraw this item due to the circumstances, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE FROM R-4 TO L-O FOR PARKING FOR NEW MERIDIAN LIBRARY BY MERIDIAN FREE LIBRARY DISTRICT: Johnson: Any discussion regarding the findings of fact, any changes? Shearer: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian adopt and approve these findings of fact and conclusions. Oslund: Second Johnson: Motion and second to approve the findings of fact and conclusions as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, Shearer -Yea, MacCoy -Absent MOTION CARRIED: All Yea Johnson: Any decision or recommendation you wish to pass onto the City? Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommends approval of this rezone request for the applicant described in the application with the conditions set forth in the findings of fact and conclusions of law and that the property meet the water and sewer requirements, fire and life safety, building codes, etc. Meridian Planning & Zoning Commission December 10, 1996 Page 11 Oslund: Second Johnson: Moved and seconded we pass the recommendation on as stated by Commissioner Shearer, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE FROM R-4 TO C-C FOR AN ANTIQUE, CRAFT AND COLLECTIBLE SHOP BY EUGENE PETERS: Johnson: Any discussion or changes or corrections to these findings of fact? And your pleasure is? Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission of the City of Meridian hereby adopt and approve these findings of fact and conclusions. Shearer: Second Johnson: Moved and seconded that we approve the findings of fact and conclusions as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund- Yea, Shearer- Yea, MacCoy -Absent. MOTION CARRIED: All Yea Johnson: Recommendation to the City? Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby recommends approval of this rezone requested by the applicant for the property described in the application with the conditions set forth in these findings of fact and conclusions of law and that the property be required to meet the water and sewer requirements, fire life safety codes, the uniform building code and other ordinances of the City of Meridian including that all parking areas shall be paved. Shearer: Second Johnson: Moved and seconded we pass this recommendation onto the City, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian Planning & Zoning Commission December 10, 1996 Page 12 ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR ANEW/USED R.V. SALES/SERVICE FACILITY BY ZAMZOWS: Johnson: There were two copies made of this, copy 1 and copy 2. It is not a choice situation, it is copy 2 that we want to follow there, draft copy number 2. Any discussion regarding the findings of fact? Borup: Mr. Chairman, just one I think typographical error, page 3, item 12, I believe the individuals name is Keith Bradbury, instead of you is that what you are saying? Crookston: This would be a rarity but you can blame the attorney for that mistake. Johnson: Any other changes? What would you like to do? Shearer: Mr. Chairman, I move that the Meridian Planning and Zoning Commission of the city hereby adopts and approves these findings of fact and conclusions. Oslund: Second Johnson: Moved and seconded that we approve the findings of fact and conclusions, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, Shearer -Yea, MacCoy -Absent MOTION CARRIED: All Yea Shearer: Mr. Chairman, I move that Meridian Planning and Zoning Commission hereby recommend approval of this conditional use permit request for the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the property meet all of the City ordinances. Oslund: Second Johnson: Moved and seconded we pass the recommendation as read by Commissioner Shearer, discussion? Borup: Just one item, the applicant had requested the over flow parking to remain a gravel parking lot. Johnson: Is that the area to the west? Meridian Planning & Zoning Commission December 10, 1996 Page 13 Borup: Yes, is that something appropriate to discuss? Johnson: If you feel so, sure. Borup: Well I, Johnson: It would have been more appropriate to discuss it before we (inaudible) go ahead. Borup: Well before the findings it should have been. I am in agreement with their request, they are complying with sidewalk curb and gutter on both streets that they are adjoining and I think all has worked out with ACHD. Looking at the property in person it looks like at this point anyway that is what it is used for and their comment was they are not, 3 year lease and the expense of going through and paving a lot that may be (inaudible) further development made sense to me. Johnson: I have a question of the City Attorney, if this is an ordinance requirement i guess the question should be is this an ordinance requirement and if so it would have to be done by variance right? Crookston: It is an ordinance requirement that the parking lots be paved I would assume that then it becomes a question as to whether or not this is a parking lot. The way that I Shearer: (Inaudible) Crookston: I think 'rf they are parking vehicles of any nature it is a parking lot. That has to be paved by ordinance. So it would, they would need to apply for a variance. Johnson: I have a question since you got into the semantics. Is this a parking lot used for their own displayed units, not parking for public, is there a difference there. Does the ordinance address the difference there? Crookston: The ordinance does not address the difference. Johnson: Do you follow my questioning. Shearer. I have to agree with Keith, I think that we are overdoing it a bit. ff they were going to use it all the time it would be different. Johnson: Well if it is your pleasure we can Meridian Planning & Zoning Commission December 10, 1996 Page 14 Oslund: I have a question, they (inaudible) their application meets the minimum number of stalls, they are meeting their parking requirement, is that correct? Johnson: Public parking. Stiles: Commissioner Oslund, Commissioners, with what is there now I can't tell that they are meeting it. One third of the sales lot is to be designated for public parking. With what is shown and what I see there I can't tell. They have got things so jammed in there that you can't tell where their public parking is. Their intent in using the whole lot is to spread the units out so it is not so tight in there. I guess they have already had three or more accidents, damaging their RV's just moving them around. They would still need, if the Commissioners and Council decide that they do not want, that they will allow them to have the gravel parking they will still need to meet the paving requirements of Ada County Highway District for the accesses into the property. Oslund: But the attorney's opinion still stands that this is a requirement by ordinance so I don't believe P & Z can simply throw the requirement out. It is up to Council to give a variance if they see fit. Borup: Would it be up to the applicant to request a variance, formally request a variance. Johnson: Yes and the variance wou-d be requested at the City Council. Borup: I think that answers my questions then, it puts it up to them on how they want to proceed how they want to. Shearer: You know fellahs, we, everybody that comes in here we seem to hit with all of these extras and extras and quite frankly what is going to happen in cases like this particular one when people realize what is happening they are going to come in they are not going to tell us they are going to use that for overFlow. They are just going to tell them that they are going to use the regular parking lot. Then they will get it through and then they will use it for overFlow even though they haven't told us. I know of cases in town today where these kinds of things are happening because we are, to my way of thinking not being reasonable with these people and the amount of money that they put into these things and still come out with a decent profit. Johnson: Well you may have a point and you may not. The fact is this body is pretty much bound by or is bound by the ordinance. Variances to the ordinances don't fall under our (inaudible) I think we have to do what we have to do. Shearer: That is true but they haven't said that they are going to use it for parking. Meridian Planning & Zoning Commission December 10, 1996 Page 15 Johnson: I have a question, it may have got lost here in the shuffle but Shari made reference to ACRD requirement that the entrances would have to be paved, were you referring to this western portion of the property? Stiles: Yes, the accesses they are proposing off of Meridian Road they will have to have those paved, I think it is a distance of 30 feet from the road right of way. Shearer: Is that in ACHD's stuff that they sent to us? Stiles: That is in their policy manual. Shearer: tt is not in their stuff that they sent to us. Stiles: I would assume that it is a comment in there. Shearer: Well if it is we do it if it is not well then (inaudible) Stiles: Welt it needs to be done anyway because of the problems it creates by dragging gravel back out onto the street. Shearer: Well I would assume that they would take that into account (inaudible) Johnson: Any further discussion, we have a motion and a second. All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION FACILITY BY WESTERN PCS II CORP.: Johnson: Any discussion regarding the findings of fact as prepared by our City Attorney for this applicant? Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions. Borup: Second Johnson: Moved and seconded we approve the findings of fact and conclusions as prepared, roll call vote. Meridian Planning & Zoning Commission December 10, 1996 Page 16 ROLL CALL VOTE: Borup -Yea, Oslund -Yea, Shearer -Yea, MacCoy -Absent MOTION CARRIED: All Yea Johnson: Recommendation to the City? Oslund: Mr. Chairman, I move we recommend or the Meridian Planning and Zoning Commission hereby recommends approval of this conditional use permit request by the applicant for the property described in the application with the conditions set forth in these findings of fact and that the property and applicant be required to meet the water and sewer requirements, fire and life safety codes, UBC and other ordinances of the City of Meridian including that all parking areas shall be paved. Borup: Second Johnson: Moved and seconded that we send onto the City the comments as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT: Johnson: There is a blank in the findings that needs to be completed with respect to square footage on page 8. Is there any other discussion of any other items? Would the commissioners like to address item 5 on page 8? Borup: Mr. Chairman, I think it has been determined that the ordinance does read 800 feet on a duplex, I know there is some confusion on that. I am a little confused on what the applicant is proposing though. They have mentioned the figure 1160 feet that is their goal. I would be curious to know if they have firmed that up any more or not. I don't know how we find that out at this point. (End of Tape) Bradbury: {Inaudible) minimum square footage of each of the dwelling units, individual units of 1160 that is what the applicant proposes and is certainly willing to live with a minimum requirement of 1160 per unit. Johnson: Thank you, Counsel, your statement in here has to do with whether or not 1160 would satisfy the statement of it being harmonious with (Inaudible) is that what you are saying there? Meridian Planning & Zoning Commission December 10, 1996 Page 17 Crookston: That is correct, what our ordinance says is that for a duplex, the minimum square footage requirement is 800 square feet per unit. Also in our ordinance it states that the City is to determine whether or not units, whether it is the size or design and I assume also the color of paint whatever, as to whether or not that is compatible with the surrounding structures or area around the area that the application pertains. to. The reason that I left the blank was to give the Commission an opportunity to do exactly what you are doing now to decide whether or not the 1160 square feet as proposed by the applicant meets the requirement that the City determine what is compatible with the surrounding area. If the Commissioners agree with that then I would entertain a motion. Shearer: Mr. Chairman, I move that we set that minimum on this project at 1100 feet, that gives them a 60 foot clearance. Borup: Second Johnson: Well 1 would like to, 1 know we have a motion and a second, I would tike to assume that you are recommending approval of the findings with that insertion is that correct, for clarification. Shearer: I was clarifying that in the findings and I can also. Borup: I withdraw my second. Shearer: I will also recommend that we adopt these findings with that added in. Johnson: Could you restate your motion and withdraw your original please. Shearer: Okay, I move the Meridian Planning and Zoning Commission adopt these findings of fact and conclusions with the insertion of 1100 square feet as a minimum. Borup: Second Johnson: Moved and seconded that we approve the findings of fact with the minimum square footage of 1100, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, Shearer -Yea, MacCoy -Absent MOTION CARRIED: All Yea Johnson: Recommendation to the City please? Meridian Planning & Zoning Commission December 10, 1996 Page 18 Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommend to the City Council of the City of Meridian that they approve the conditional use request by the applicant for the property described in the application with the conditions set forth in these findings of fact and conclusions of law. Borup: Second Johnson: We have a motion and a second to pass that recommendation onto the City Council as stated by Commissioner Shearer, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 Nay ITEM #11: PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO.7 BY STEINER DEVELOPMENT (TABLED NOVEMBER 12, 1996}: Johnson: What would you like to do with the preliminary plat? Shearer: Mr. Chairman, I move we approve the preliminary plat, we had some discussion on that didn't we. Borup: Second Johnson: Discussion, we have a motion and second to approve the preliminary plat, discussion? Borup: Mr. Chairman, I think one of the items that was still pending was the sidewalk width and street location. I believe we left the last one maybe with a recommendation that the sidewalk width be increased to 5 feet and to accommodate that the street be moved over one foot to the east. Shearer: Let's make an amendment to my motion to that affect, that I will second. I move we amend Johnson: We have a motion and a second (inaudible) Shearer: No we don't, I can amend the motion anybody can amend the motion Jim that is parliamentary procedure. Johnson: Yes you can amend the motion but we are not done with the discussion part yet. I want to get some feedback from staff on that on moving the street, have you had any discussion about that do you recall that? Are you doing this from memory or do you have Meridian Planning & Zoning Commission December 10, 1996 Page 19 some notes to that affect Commissioner Borup? Borup: Memory Shearer: That was what we discussed at the time. Johnson: Okay, would you like to amend your motion? Shearer: I move we amend the motion by changing the four foot sidewalk width to a five foot sidewalk width and shifting the street to allow a maximum footage in front of each house on each side of the street. Borup: Second Johnson: We have a motion and a second on an amended motion, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 Nay (Discussion Inaudible) Johnson: Discussion on the original motion. Oslund: I believe Gary has something to say to us. Johnson: Do you have something to say Gary? Smith: Mr. Chairman, I was just wondering a clarification on that part of the motion. When you say shifting the street to take maximum, I didn't understand that. Shearer: They have 18 foot driveways Gary and when they put another foot of sidewalk in there they are going to have, they will have to shift everything to center it so tha# they will have, so that the right of way will be a foot or two off from the sidewalk into the yard. We want to equal that up so that they will have 19 to 20 feet from the building to the actual sidewalk on both sides rather than having all of that on one side. Smith: So is there going to be sidewalk on both sides then? Shearer: No, see as they have it they have a 40 foot street Smith: Yes, 40 foot right of way and 3 foot on one side without the sidewalk and 5 foot on Meridian Planning & Zoning Commission December 10, 1996 Page 20 the other side with the sidewalk. Shearer: So we want to equal that out so that the sidewalk is equal distance from the property line on both sides of the street, the edge of the sidewalk or the edge of the street. Smith: The edge of the curb, okay. Shearer: I was only doing that because or talking about that because they are such a small length to park a car in front of the garage. Smith: Thank you Johnson: So where did we leave off, we have a motion and a second, any further discussion? All those in favor of the original motion? Opposed? MOTION CARRIED: 2 Yea, 1 Nay ITEM #12: PUBLIC HEARING: REQUEST FOR A VACATION OF FARMINGTON ESTATES NO.2 PLAT AND STREETS BY ED BEWS: Johnson: This is a public hearing, I will now open the public and invite the applicant or his representative to address the Commission and you need to be sworn. Is the applicant or representative here? Ms. Stiles? Stiles: Chairman Johnson and Commissioners I told the applicant that it wasn't necessary to be here because of the nature of this request. You have my memo on this application. They are just going through the steps so they can get this vacated and meet the State code requirement and our ordinance requirement. Johnson: There is no objection from staff apparently? Stiles: No Johnson: Any discussion? This is a public hearing, anybody here from the public that would like to address the Commission on this? Seeing and hearing no one then I will close the public hearing at this time. What is your pleasure? Shearer: Mr. Chairman, I move that we recommend vacation of the Farmington Estates Subdivision No. 2. Oslund: Second Meridian Planning & Zoning Commission December 10, 1996 Page 21 Johnson: It has been moved and seconded that we recommend approval of the request of vacation of Farmington Estates No. 2 plat and streets, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE FOR 12 CHILDREN BY PATRICIA REED: Johnson: At this time I will open the public hearing and ask that the applicant or representative of the applicant address the Commission. Patricia Reed, 2167 Jericho Way, Meridian, was sworn by the City Attorney. Johnson: Just kind of tell us what you are going to do. Reed: Alright, right now I have a day care of 5 children actually. I need to expand, I am supporting my family, I have a retarded son who is an adult and I have two younger children and my mom living with me. This is my livelihood, I enjoy working with children and I have a rather large home and backyard and I feel that I could do this adequately. Johnson: Thank you Patty, any questions of Ms. Reed? Borup: Have you reviewed the staff comments? Reed: Yes I have Borup: Any questions or anything on any of that? Reed: I made a phone call to Mr. Schmalz, he didn't return my call. I am not sure if there is something that I need to satisfy there. But I do have my day care license here and certificate of occupancy. Borup: You do have a certificate of occupancy? Reed: Yes I have it with me. Bonap: I think Central District Health is asking for a review of the plan is what the comment says. I assume of the floor plan of the home, is that your understanding of what he wanted? Reed: Like I said he wasn't able to return my call. I just received this today, I haven't had Meridian Planning & Zoning Commission December 10, 1996 Page 22 much time to work on it. But I do have a copy of my floor plan and I can certainly take it to them. I have two large play areas for the children. Johnson: I have a question, Central District Health, would they have gotten this sketch with their notice? Stiles: Yes the would. Johnson: So they already have this? So they must be looking for something in addition to this, is this what you are referring to? Reed: Yes Johnson: Well not being able to talk to them you don't really know what they want but apparently they want something other than this, right? Reed: Yes, apparently so. I can try him again tomorrow morning. Shearer. I really don't think that affects us. We will require that you have the license and probably to get that license you will have to jump through that hoop. Reed: Now what kind of license are you referring to? I do have my day care license through the State of Idaho. Shearer: Don't they have a different one for when you go over five? Reed: No I called the day care licensing place and she said that was not an important issue for them. It is Meridian that has to be satisfied with the requirements. I have already been finger printed and I have gone through that hoop already. Shearer: Well obviously Central District Health wants something else, they have to be taken care of before you are completely approved. Borup: 1 also had a question on item 4, it talks about screen, is that something that is necessary or is that just a standard comment in there, Shari? Johnson: Where is the comment, who is it from? Borup: From Shari Stiles, on her comments, it is the third sheet. Johnson: That is the screening and landscaping comment. Meridian Planning & Zoning Commission December 10, 1996 Page 23 Stiles: That is a standard comment and it (inaudible) Borup: That wasn't necessarily a site inspection comment? Stiles: I guess I don't understand. Johnson: What he means is you didn't go out and look at it and decided that needed to be done, this is a standard requirement. Stiles: Right, I believe the Central District Health, they may be thinking that it is a child care center that is 50 kids or something like that. That may not even be an issue. Johnson: I kind of get that feeling myself. Commissioner Oslund? Oslund: You know I think I recognize your face, I think, weren't you before us when Jerry Cobler was in for their day care application and I think you were saying that you had one just a couple of doors down. Reed: Yes I do, Oslund: Maybe I am digressing a bit but have they actually opened up their business since it was approved? Reed: Yes they have and I have seen a few children in there too. Oslund: How is it working, I mean is it Reed: I don't see him too busy but it does take time. Oslund: You had some concerns at that point, have any of those materialized? Reed: Well it just seemed that there were two sets of rules, 1 was required to have a six foot fence, he has four, and I mean this cost money to put up a six foot fence and actually I would have done it anyway. But I just felt like somehow things were a little bit different for him and I didn't actually know why. But the kind of day cares that we, welt I think a six foot fence would be a good requirement for a day care. A four fence those children can jump that chain link and get into the street. That is my object, I don't ever let my children out in front. They have to stay in the back where I know they will be safe. That is his responsibility, that front playyard there. Oslund: That is all I had. MERIDIAN PLANNING 8 ZONING COMMISSION AGENDA TUESDAY, DECEMBER 10, 1996 - 7:00 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD NOVEMBER 12, 1996: r,~P/prove 1. TABLED NOVEMBER 12, 1996: ANNEXATION AND ZONING REQUEST FOR PACKARD SUBDIVISION NO.2 BY PNE/EDMONDS CONSTRUCTION: ~6/~ ~n.t~2 Feb~ua~y /~~-~ lty7 2. TABLED NOVEMBER 12, 1996: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: -fu-ble ~/zt2 Fe,6r~sru-y!!~, /997 3. TABLED NOVEMBER 12, 1996: PRELIMINARY PLAT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: R~~rave Gv~~f~dr-uwh cz~,olic~t~bn, 4. TABLED NOV MBER 12, 1996: CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: aF.~rove ~/~hd/-aww a~~/i2a.tien- 5. TABLED NOVEMBER 12, 1996: CONDITIONAL USE PERMIT FOR A KARATE CLASS BY BRAD AND DEBBIE MILLER: GP~rovpi ~~ ri ba-~ w/~11a~'ztu~n- aFp/>eat.~ 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE FROM R-4 TO L-0 FOR PARKING FOR NEW MERIDIAN LIBRARY BY MERIDIAN FREE LIBRARY DISTRICT: ~~pruve {// ~ e% .¢i-~,q~avri r~ covn n..~m.d~.iYws - 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE FROM R~ TO C-C FOR AN ANTIQUE, CRAFT AND COLLECTIBLE SHOP BY EUGENE PETERS: a-~{J~rmv~ .~~~ ~ C~L u~prove recornrn.~+lda~fi~.r 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT F(~R A NEW/USED R.V. SALES/SERVICE FACILITY BY ZAMZOWS: tii-P/Jrovei ~~.~ ~ c/L 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A TELECOMMUNICATION FACILITY BY WESTERN PCS II CORP: ¢~Prove_ ~/F ~ c+/C 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT: cZ/p~rov! ~``~ ~CjG Wi~~ ~hJe~-L' //00~/a~~h. cQP/1ruV£ Y.000tn n.enc(a~7 bnJ ~~ 11. PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE N0.7 BY STEINER DEVELOPMENT (TABLED NOVEMBER 12, 1996): ~~~,-~~-.~ pT,~.e. p,~.t w,~-~ Q~,e.zdr~,.ewfr 12. PUBLIC HEARING: REQUEST FOR A VACATION OF FARMINGTON ESTATES N0.2 PLAT AND STREETS BY ED BEWS: ~,~~ro we VQ ca~z~i ~ 0 ~~ 13. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GROUP DAY CARE FOR 12 CHILDREN Y P TRICIA REED: C i ~r,~~-vn.e ~ ~ ~,e p u-~ ~~f ~~ lc. 14. PUBLIC HEA~tNG: REO~EST FOR ANNEXATION AND ZONING TO I-L BY PROPERTIES WEST, INC.: ('sin'k hr~ue ~~cb(~ `iear,hcr - ho-t /taf~e~[ ~ro~w-L~ I~ ~ CITY OF MERIDIAN PUB~C MEETING SIGN-IJ~SHEET .zz 88FORS T$S ?lSRIDIAN PLANNING AND ZONING CON![ISSION ZAxzows. INC. CONDITIONAL U8S PSRMIT 203 SAST 1ST STRSST lQ;RIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on November 12, 1996, at the hour of 7:00 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through two representatives, Steve Bradbury and Rick Zamzow, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: 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 November 12, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 12, 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 is located within the City of Meridian; FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 1 ZAMZOW, INC. -- CUP that the general location of the property is 203 East lat Street and is described in the Application, which description is incorporated herein. 3. That the property is currently zoned C-G, General Retail and Service Commercial. 4. That the zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at i1-2-408 B. 11. as follows: ~~-~~ yoaacial icecau ana 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 Applicant is the owner of record of the property and has requested this Conditional Use Permit be granted and the Application is not at the request of the City of Meridian. 6. That a portion of the property is currently being used as is contemplated. 7. That the proposed use by the Applicant is for a new/used R.V. Sales/Service facility. 8. That sewer and water is available to the property, but the property will have to comply with the commercial sewer and water rates. 9. That Steve Bradbury, attorney at law representing the FINDINGS OF FACT AND CONCLUSIONS OF LAW/ page 2 ZAMZOW, INC. -- CUP Applicant, submitted testimony and comments regarding the expansion of the existing Conditional Use and that would be about 3 acres; that the original Conditional Use was for 1 1/2 acres; that the same request is alright except for the landscaping and a new plan is, or will be, submitted; that if this Conditional Use is approved they will build it; that there would have to be additional dedication ACHD requirements which they have no problem with, except the length of the frontage; that they want a waiver of paving for some of the area because it is already in gravel, and that a building may go on it after three years; that they do not want to pave internally; that the progress on the landscape has been slow due to various reasons; initially they wanted to do it at the same time but new uses and ACRD had changes; that changes need to be met; that they do have some concrete bids; that construction can begin within 2 weeks of approval?; that there are grandfather rights claimed but the Applicant says to do what is required; that some conditions placed upon this use could be too harsh. 10. That Commissioner MacCoy had question on the signage; that he does not want signs that flash on and off, etc.; that he had questions on how ADA is going to be met; that he wants new concrete not repaired concrete; concerns about the lighting shining on homes to the north and that this must be prevented. 11. That Commissioner Borup commented that he agrees with the staff report, except the paving on the west. 12. That Rick Zamzow commented that he felt Keith -Be~u~. p~rr~d berry FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 3 ZAMZOW, INC. -- CUP covered the history of the situation; that he had questions about government actions. 13. That Tom Scott commented that he was up front with situation; that he thinks he fell in the crack; that he does not want to do overflow parking. 14. That Chairman Johnson submitted the comment that this was the last opportunity to have a chance to improve the property. 15. There was no other public testimony given. 16. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 4 ZAMZOW, INC. -- CUP 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 and Zoning Ordinance. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That as a condition of granting this Conditional Use Permit, the Applicant shall meet, perform, and comply with all of FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 5 ZAMZOW, INC. -- CUP the representations made in the Application and at the public hearing, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents; that if the representations are not met, performed, and complied with the conditional use should be revoked; that as set forth in 11-2- 416 J., violations of the conditions shall be, and are, violations of the Zoning Ordinance, and may be violations of other ordinances of the City of Meridian. 6. It is further concluded that the comments, recommendations and requirements of the Planning and Zoning Administrator and the City Engineering Department and all other governmental agencies shall have to be met and complied with. 7. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, Mechanical Code, and all parking, lighting and landscaping requirements, and the lighting shall be done so that the adjacent residential structures are not effected. 8. That all requirements of these Findings of Fact and Conclusions of Law shall be met, the Applicant shall meet and comply with the comments and concerns of City Staff, the representations of the Applicant and its agents, and the Ordinances of the City of Meridian. 9. It is further concluded that the comments, recommendations and requirements of the other governmental agencies FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 6 ZAMZOW, INC. -- CUP shall have to be met and complied with. APPROVAL OF FINDIR(i8 OF FACT AND The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SAEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~~~/~ \ 1 ,~~~al VOTED VOTED VOTED DECISION The Meridian Planning and Zoning C~mmissi~n hereby recommends apprwval •f this C~niiti~nal Use Permit requested by the Applicant for the property described in the application with the c~nditi~ns set forth in these Findings •f Fact and Conclusions •f Law and that the property be required t~ meet the water and sewer requirements, the fire and life safety odes, the Uniform Building Cede, and all tether irdinances •f the City •f Meridian, including that the property shall b paveie M~TI~N: APPROVED: ~la~ ~~ G~D~ ROVED: D FINDINGS OF FACT AND CONCLUSIONS OF LAW/ page 7 ZAMZOW, INC. -- CUP BEFORE THE PLANNING AND ZONING COMMISSION OF THH CITY OF NERIDIAH REZONE R-4 RESIDENTIAL TO L-O LIMITED OFFICS MERIDIAN FREE LIBRARY DISTRICT HORTH OF CHERRY LANE, HAST OF NW 13TH AVENUE MERIDIAN. IDAHO FINDINGS OF FACT AND The above entitled matter having come on for public hearing November 12, 1996, at the hour of 7:30 o'clock p.m., the Petitioner's representative, Tom Enaley, appearing, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 12, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 12, 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 which property is described in the application which description is incorporated herein; the Applicant is the owner of FINDINGS OF FACT AND CONCLUSIONS OF LAW- TBE MERIDIAN FREE LIBRARY DISTRICT Page 1 the property; that the property is now zoned R-4; that Applicant is requesting a rezone to L-O Limited Office; that the property is within close proximity to existing homes and schools; that the proposal for the property is to be used as part of the Meridian Library. 3. That the Applicant has previously submitted an application for a rezone for the property to the west upon which the Applicant is constructing a library. 4. That the Applicant, in the initial application, state the use of the land was to build a public library, together with parking facilities. 5. That the proposed zoning amendment is consistent with the Meridian Comprehensive Plan. 6. That a public library is permitted use in the L-O District; the Limited Office Zone requires a conditional use permit for the operation of a library, which is the use the application requests; that such use requires a conditional use permit in any zone where allowed. 7. That the L-O District is described in the Zoning Ordinance, 11-2-408 B. 5 as follows: (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 2 and Sewer System of the City of Meridian is a requirement in this district. 8. The City Planning and Zoning Administrator has, or may, submit comments regarding the rezone request which are, or shall be, incorporated herein as if set forth in full herein. 9. That the Assistant to the City Engineer, Bruce Freckleton, has, or may, submit comments regarding the rezone request which are, or shall be, incorporated herein as if set forth in full herein. 10. That comments from the Nampa b Meridian Irrigation District, the Meridian City Police and Fire Departments, and Central District Health Department were submitted and they are incorporated herein as if set forth in full; that the Nampa & Meridian Irrigation District, in the initial rezone Application, stated that all laterals and waste ways must be protected; that municipal surface drainage must be retained on site; that the District requires that a Land Uae Change/Site Development application be filed for review prior to final platting. 11. Tom Ensley testified that the parking area would be 130' x 108' in size, would have 21 parking spaces, and would extend to Leisure Lane; he also commented that there would be no access from Leisure Lane; that the area would be fenced and landscaped; that there would be appropriate drainage; that it was not a necessary to met the City's parking ordinance; and that the fencing would keep people from going from Leisure Lane through the parking lot. FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 3 12. Terry Leighton testified but just had questions which included questions about the purchase of the area and that it not be used for parking. 13. Denise Crabtree commented that she was relieved that Leisure Lane was not going to be used for access; her additional comment was that she didn't want people using Leisure Lane. 14. Tom Ensley commented later that there would be no pedestrian traffic and that lights would not shine on the adjacent residential property. 15. Corby Dolton testified that he had concerns over the lighting. 16. There was no further comment made by the public. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW- TBE MERIDIAN FREE LIBRARY DISTRICT Page 4 and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That Section 11-2-416 A. states in part as follows: "When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classification of property as well as the regulations and provisions of this Ordinance." 6. That 11-2-416 (K) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The L-0 zoning would be harmonious with and in accordance with the Comprehensive Plan. (b) The area included in the proposed zoning amendment is intended to be developed in the fashion that would be allowed under the proposed new zoning. (c) That the property, if designed and used as allowed in the L-O District and as it presently exists, would be designed and constructed to be harmonious with the surrounding area, which is developed in the R-4 fashion. (d) The L-O use would not be hazardous to the existing or future uses of the neighborhood. (e) L-O development would not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (f) The proposed use would not involve uses, activities, processes, materials, equipment or conditions of operation that would be detrimental to any person, FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 5 property or the general welfare of the area, however the traffic would be increased more than it would be under R- 4 development. (q) Development in the L-O district, and particularly as planned by the Applicant, would produce the heaviest traffic increase during the week with only the minimum seen on Saturdays and Sundays. (h) That a rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance. (i) The proposed zoning amendment is in the best interest of City of Meridian. 7. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 8. It is further concluded that the comments, recommendation and requirements of the Assistant to the City Engineer, if made, will have to be met and complied with. 9. That the comments and requirements of the Planning and Zoning Administrator, if made, shall be met and complied with. 10. That the requirements of the Nampa & Meridian Irrigation District, shall be met. 11. That all ditches, canals, and waterways shall be tiled as a condition of rezone and if not so tiled, the property shall be subject to de-annexation. 12. That proper and adequate access to the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW- TBE MERIDIAN FREE LIBRARY DISTRICT Page 6 available and will have to be maintained, with appropriate buffering to residential properties and traffic on Cherry Lane. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. I ROLL CALL I ld COMMISSIONER BORUP ` ~ OSLUND SHEARER / VOTED COMMISSIONER MacCOY ~ VOTED i""~~{" CHAIRMAN JOBNSON (TIE BREAKER) VOTED DECISION The Meridian City Planning and Zoning Commission hereby recommends approval of this Rezone requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved and the fence Ordinance shall be met. MOTION: l~ APPROVE `~~ J`) DISAPPROVED: 19 !~ (~J FINDINGS OF FACT AND CONCLUSIONS OF LAW- THE MERIDIAN FREE LIBRARY DISTRICT Page 7 ~~ BEFORE THE PLAHRIHG ARD ZOHING COMMISSIOH OF THE CITY OF MBRIDIAH RSZORS R-4 RSSIDHHTIAL TO C-C COMMUNITY BUSIMSSS DISTRICT SUGENE PSTSRS 1323 RORTH MBRZDIAH STRSST MSRIDIAN. IDAHO FIHDIHGS OF FACT ARD The above entitled matter having come on for public hearing November 12, 1996, at the hour of 7:30 o'clock p.m., the Petitioner, Eugene Peters, appearing, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FIHDIHGS OF FACT 1. That a notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 12, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 12, 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 on Lot 3 Block 3 Niday's Second Addition between Maple Ave. and Cherry Ave. and is located within FINDINGS OF FACT AND CONCLUSIONS OF LAW-- EUGENE PETERS -- REZONE 1 the City of Meridian and which property is described in the application which description is incorporated herein; the Applicant is the owner of record of the property; that the property is currently zoned R-4; that the Applicant is requesting a rezone to C-C Commercial Business District; that the property is within proximity of existing homes and commercial districts; that the proposed commercial request is consistent with the growth pattern of Meridian. 3. That the Applicant stated in the Application that this proposed zoning amendment would allow for a antique, craft and collectible shop; that the plan for parking, signs and landscaping would meet all City Ordinances. 4. Eugene Peters testified before the Commission that the adjacent property is already zone C-C; he agreed to do parking and paving; that he did receive the City's comments; he had questions on those comments regarding the drainage plan; that the under- ground sprinkling was in; and that he would work item number 14 of the comments. 5. That the proposed zoning amendment is consistent with the Meridian Comprehensive Plan. 6. That the property is presently zoned R-4, Low Density Residential; that the Applicant's propose a rezone to C-C, Commercial Business District; that a antique, craft and collectible shop is a permitted use in the C-C District. 8. That the C-C District is described in the Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW-- SUGENE PETERS -- REZONE 2 Ordinance, 11-2-408 B. 9. as follows: 1C-CI Community Business District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 9. That Commissioner MacCoy submitted comments regarding his concerns over cars turning into Meridian street; that he would require the Applicant to submit plans to the City regarding the parking, paving and removal of the fence. 10. The Applicant stated that the structure is 1,950 square feet; that 1/2 of the structure would be used for business purposes; the plan is to eventually use the remaining square footage for business. 11. That any comments submitted by the Planning and Zoning Administrator or from incorporated herein as i 12. That there was 1. That all the Planning Act and of the the Engineering Department shall be E set forth in full. no other testimony heard. CONCLUSIONS procedural requirements of the Local Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. FINDINGS OF FACT AND CONCLUSIONS OF LAW-- EUGENE PETERS -- REZONE 3 C~ C~ 2. That the City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 (R) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, the Planning and Zoning Commission specifically concludes as follows: (a) The property is in an area where commercial and office uses are likely to desire to locate and many of the properties in the area have been rezoned to commercial. The new zoning should be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The property is on Meridian Street which is on of the busier streets in Meridian and where residential properties are being converted to commercial property. A rezone of the subject property is in line with that use. FINDINGS OF FACT AND CONCLUSIONS OF LAW-- EUGENE PETERS -- REZONE 4 (c) The area around the property proposed for the zoning amendment is developed in a residential fashion but has had several properties rezoned. The new zoning of C-C Commercial should not be contrary to the other uses in the area. (d) There has been a change in the area which dictates that the property should be rezoned and the area is very likely, and is being, developed in an office or commercial fashion. (e) That the property is designed and constructed to be harmonious with the surrounding area. (f) Commercial uses should not be hazardous or disturbing to the existing or future uses of the neighborhood. (g) The property will be able to be adequately served with public facilities and connection to municipal sewer and water is required. (h) Commercial uses should not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns in that the property has good street frontage. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 6. It is concluded that the comments, recommendation and FINDINGS OF FACT AND CONCLUSIONS OF LAW-- EUGENE PETERS -- REZONE 5 requirements of Commissioner MacCoy will have to be met and complied with, as will any comments submitted by the Planning and Zoning Administrator or from the Engineering Department. 7. That proper and adequate access to the property is available and will have to be maintained. 8. That as a condition of granting this rezone, the Applicant shall meet, perform, and comply with all of the representations made in the Application and at the public hearing, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents; that if the representations are not met, performed, and complied with the property should be rezoned to R-4; that as set forth in 11-2- 416 J., violations of the conditions of this rezone shall be, and are, violations of the Zoning Ordinance, and may be violations of other ordinances of the City of Meridian. 9. It is further concluded that the comments, recommendations and requirements of the Planning and Zoning Administrator and the City Engineering Department and all other governmental agencies shall have to be met and complied with. 10. 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, Uniform Electrical Code, the Fire and Life Safety Code, Mechanical Code, and all parking, lighting and landscaping requirements, and the lighting shall be done so that the adjacent residential structures are not effected. FINDINGS OF FACT AND CONCLUSIONS OF LAW-- EUGENE PETERS -- REZONE 6 11. That all requirements of these Findings of Fact and Conclusions of Law shall be met, the Applicant shall meet and comply with the comments and concerns of City Staff, the representations of the Applicant and its agents, and the Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW-- EUGENE PETERS -- REZONE 7 APPROVAL OF FINDIHOS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DBCISION The Meridian Planning and Zoninq Commission hereby recommends approval of this Rezone requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved. MOTION: APPROVED: l~~n~~ DISAPPROVED• FINDINGS OF FACT AND CONCLUSIONS OF LAW-- EUGENE PETERS -- REZONE 8 ~~~~ ~~ BBFORB THE MERIDIAN PLANNING AND ZONINO COMMISSION WESTERN PCS II CORP. CONDITIONAL USE PERMIT 508 BOWER STREET MERIDIAN. IDAHO FINDINOS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on November 12, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Ha11, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through David Wiltsee, Applicant's reprsentative, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: 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 November 12, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 12, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 1 WESTERN PCS II CORP -- CUP 2. That the property is located within the City of Meridian; that the general location of the property is 508 Bower Street and is described in the Application, which description is incorporated herein. 3. That the property is currently zoned I-L Light Industrial District and 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 Applicant is not the owner of record of the property; that the owner of record of the property is Darwin L. Buchanan, and the owner in equity is Denis and Martie L. McRae, that David Wiltsee, representative for Western PCS II Corp., has requested this Conditional Use Permit be granted and the Application is not at the request of the City of Meridian. 6. That the proposed use by the Applicant is for a FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 2 WESTERN PCS II CORP -- CUP • i telecommunications receiving/transmitting facility. 7. That sewer and water are available to the property and the property will have to comply with the commercial sewer and water rates. 8. That David Wiltsee submitted testimony regarding the facility; that it would be digitel, have more capability, that there would be 35 antenna sites located in 4 to 5 counties, that the antenna support structure is to be a monopole, that at Bower Street a 120' antenna with six antennas at the top would be constructed, that the area would cover a 40' x 40' ground site, north that the property is owned by McRae, that wet~tl} of the property is $vtCt~'tJ , the railroad tracks and to the-Re~lr is a plumbing supply business, that the storage tank that is on the site will be removed, and that the project would be paved and landscaping. 9. That Chairman Johnson had questions regarding interference and whether this will have different megaherz; that there should be no conflict. 10. That Mr. Wiltsee stated that heat could be a problem, that he questioned if they would have plane about landscaping and he would present plans about the landascaping, and the he had questions as to any right-of-way requirement on Bower Street. 11. That the City Engineer, Gary Smith, stated that 12 feet of pavement was required. 12. That David Wiltsee had additional comments regarding the need for 25 poles to serve Ada County; and testified that they FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 3 WESTERN PCS II CORP -- CUP would do the landscaping. 13. There was no other public testimony given. 14. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-416(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 FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 4 WESTERN PCS II CORP -- CUP concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by Ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan and zoning Ordinance. c. The uae apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That as a condition of granting this conditional use permit rezone, the Applicant shall meet, perform, and comply with all of the representations made in the Application and at the public hearing, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents; that if the representations are not met, performed, and complied with the conditional use permit should be revoked; that as set forth in 11-2-416 J., violations of the FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 5 WESTERN PCS II CORD -- CUP conditions of this conditional use permit would be, and are, violations of the Zoning Ordinance, and may be violations of other ordinances of the City of Meridian. 6. That as a condition of granting this conditional use permit, the Applicant shall meet, perform, and comply with all of the representations made in the Application and at the public hearing, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents; that if the representations are not met, performed, and complied with, the conditional use should be revoked; that as set forth in 11-2- 416 J., violations of the conditions of this conditional use permit shall be, and are, violations of the Zoning Ordinance, and may be violations of other ordinances of the City of Meridian. 7. It is further concluded that the comments, recommendations and requirements of the Planning and Zoning Administrator and the City Engineering Department and all other governmental agencies shall have to be met and complied with. 8. 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, Uniform Electrical Code, the Fire and Life Safety Code, Mechanical Code, and all parking, lighting and landscaping requirements, and the lighting shall be done so that the adjacent residential structures are not effected. 9. That all requirements of these Findings of Fact and Conclusions of Law shall be met, the Applicant shall meet and FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 6 WESTERN PCS II CORP -- CUP comply with the comments and concerns of City Staff, the representations of the Applicant and its agents, and the Ordinances of the City of Meridian. 10. It is further concluded that the comments, recommendations and requirements of the other governmental agencies shall have to be met and complied with. 11. 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, Uniform Electrical Code, the Fire and Life Safety Code, Mechanical Code, and all parking, lighting and landscaping requirements, and the lighting shall be done so any adjacent residential structures are not effected. 12. That all requirements of these Findings of Fact and Conclusions of Law shall be met, including the representations of the Applicant and its agents, and the Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 7 WESTERN PCS II CORD -- CUP APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY VOTED I ~'°~~~ VOTED VOTED ~ VOTED CHAIRMAN JOHNSON (TIE BREAKER) DBCISION VOTED The Meridian Planning and Zoning Commission hereby recommends approval of this Conditional Use Request by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property and the Applicant be required to meet the water and sewer requirements, the fire and life safety codes, the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved. MOTION: APPROVED• lti ~~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW/ WESTERN PCS II CORP -- CUP Page 8 BEFORE THS MERIDIAN PLANNING ARD ZORINO COMMISSION THE LAHE AT CHERRY LANB NO. 7 CONDITIONAL USE PSRMIT WEST OF TEN MILB ROAD EAST OF THE LARB AT CRERRY LANE NO. 5 MERIDIAN. IDAHO FINDIN(#$ OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideratien on November 12, 1996, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through its representatives, Steve Bradbury, and having duly considered the matter, the Planning and Zoning Commisaion makes the following Findings of Fact and Conclusions of Law: 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 November 12, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 12, 1996, hearing; that ttie public was given full opportunity to express comments and submit evidence; and that copies of all noL-ices were available to newspaper, radio and television stations. 2. That the property is located within the City of Meridian; FINDINGS OF FACT AND CONCLUSIONS OF LAW! Page 1 THE LAKE AT CHERRY LANE N0.7 -- CUP that the general location of the property is West of Ten Mile Road, East of The Lake at Cherry Lane No. 5 and is described in the Application, which description is incorporated herein. 3. That the property is currently zoned R-15, Medium-High Density. 4. That the R-15 District is defined and set out in the Zoning Ordinance as follows: (R-151 Medium Hiah Density Residential District - The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts moat have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, town houses, apartment buildings and condominiums. 5. That the Applicant is not the owner of record of the property, but Bill and Viola Teter are and they have requested that this Conditional Use be granted, and Steiner Corporation has requested this Conditional Use Permit be granted and the Application is not at the request of the City of Meridian. 6. That the property was being used as farm land. 7. That the proposed use by the Applicant is for single family attached senior/adult living, a density of nine units per acre with one lot as a recreation park. 8. That sewer and water is available to the property, but the property will have to comply with the commercial sewer and water rates. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 2 THE LAKE AT CHERRY LANE N0.7 -- CUP ! • 9. That Steve Bradbury submitted testimony and gave comments, which are incorporated herein as if set forth in full, as are the responses of the Commissioners; that his testimony can be summarized as being that this would be a planned development with 60 units in the northeast section of the development in the more moderately price range; that two of the units would be 0 lot line dwellings; that the density units would be 9 units per acre; that this would be two more units than originally 58; that the minimum square footage would be 800 to 1,160; that the staff says 1,300 sq. ft. is required by ordinance; that the set back in the front will be 18 to 20 feet which is less that requirement; the street side would be to 15 feet; that this conditional use is consistent with other multi-dwelling projects; that the units would be all one level with a two car garage; that there would be 16 off-street parking spaces but the Fire Dept. objected and wanted it to be 12; that the Fire Department also wanted the off-street parking to be directly off the street and that there would be parking on just one aide of the street; that this project would meet the ACRD street requirements; 50 foot of frontage is required but they only want 33 feet; that there would be 66 feet for each duplex unit; that these units would have a gated security entrance which will be a masonry wall; that there would be 20 foot of buffer and landscaping on Ten Mile; that this would be a recreation and drainage area that need to be met; that the amenities were referenced and that the 108 of open space requirement would be met. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 3 THE LAKE AT CBERRY LANE N0.7 -- CUP C~ • Mr. Bradbury commented that the staff comments were okay except #8; pressurized irrigation will be done which Nampa & Meridian Irrigation District is doing; that the pressurized system will be included in the same system that is proposed for The Lake at Cherry Lane Nos 3, 4, 5, and 6; there will be street lights; they desire to place 4' sidewalks rather than 5' -- but that is not a do or die situation; he says if required would they would do 5' sidewalks; they are willing to work with staff to minimize confusion; that they will do CC&R's; that their goal is have home minimum home size of 1,160 aq. ft.; they will enter into a development agreement. Mr. Bradbury also stated the City could place conditions on it but asked not to be hamstrung. 10. That Commissioner Shearer had questions on the Applicant's roadway intention of 40 feet. 11. That Commissioner MacCoy commented, on the sidewalk size, that the square footage needed to be cleared up and suggested that 4 feet was too small for the sidewalks because senior citizens, to be able to walk side-by-side needed more than 4 feet; Mr. MacCoy also commented that he was very concerned about the structure thing and that anywhere from 800 to 1,301 square foot homes were mentioned and that the Applicant is going to need to clean up that item with the Meridian Staff. 12. Commissioner Borup indicated that he thought a 4 foot sidewalk was adequate. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 4 THE LAKE AT CHERRY LANE N0.7 -- CUP 13. That Steve Bradbury additionally testified on the 60 units and that they would meet the requirements of the ordinance which controls duplex size, which he says is 800 sq. ft., that they are exceeding the 800 square feet, and he desired that the Commission consider reducing the sidewalk size. 14. Commissioner Oslund had concerns over the drainage basin in the northeast corner and questioned what was going to be done with the bottom of the basin, to which Mr. Bradbury answered that they were not sure what would be done in the bottom. 15. That Jeff Dorman, a real estate agent, testified to the fact that the first phase has been sold and they are going forward. 16. That the comments and proposed requirements of Shari Stiles, Planning and Zoning Administrator, Bruce Freckleton, Assistant to the City Engineer, Nampa S Meridian Irrigation District, Ada County Highway District, Meridian School District, and any other comments received by the City, are incorporated herein as if set forth in full, if given. 17. That Section 11-2-411, RESIDENTIAL HOUSING STANDARDS, states the minimum sizes for single family detached houses that can be constructed in each of the Residential Districts. It also states in Section B as follows: "All new residential housing developments in the City of Meridian shall be designed to insure compatibility with adjacent existing and/or proposed developments." 18. That Section 11-2-411 A, states as follows: "All new residential housing built in the City of Meridian shall comply with the most recent edition of the Department of FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 5 THE LAKE AT CHERRY LANE N0.7 -- CUP Sousing and Urban Development Minimum Property Standards, the Uniform Building Code, and the State of Idaho regulatory agencies and the Ordinances, Resolutions and Policies of the City of Meridian, and see Subdivision Ordinance Section 9-601, et al." 19. That the property included in this Application, other than land owned by the Applicant, is surrounded by land that is zones R-4 Reaidentialy that Section 11-2-411 D, SINGLE-FAMILY DETACHED HOUSING SQUARE FOOTAGE REQUIREMENTS, 1., states. in part, as follows: " all new single-family detached housing in the R-4 District shall be constructed to contain at least one thousand four hundred (1,400) square feet of living space (garage not to be included in determining living space). 21. There was no other public testimony given. 21. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 6 THE LAKE AT CHERRY LANE N0.7 -- CUP 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 0 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 and Zoning Ordinance. c. That it is concluded that there is a question if the minimum size of the dwellings, of 1,160 square feet, as proposed by the Applicant, would be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 7 THE LAKE AT CHERRY LANE N0.7 -- CUP use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. .That since Section 11-2-411, B, states that "All new residential housing developments shall be designed to insure compatibility with adjacent existing and/or proposed developments.", it is concluded that the minimum square footage of the housing units included in this development shall be ~'~-PVC'f2 ~']~L/tC~Y-PG's square feet. 6. That the Applicant shall be required to do, and perform, the following: a. Meet the requirements, all at Applicant's cost and expense, placed on the property during its annexation and zoning. b. Meet the requirements of the Development Agreement that will be entered into by Applicant, which will be determined by the CITY, al.l at Applicant's cost and expense. c. Meet the requirements and comments of the CITY Engineer, the Assistant to the CITY Engineer, and the Planning and Zoning Administrator, all at Applicant's cost and expense. d. Meet all of the Ordinances of the. City of Meridian, including but not limited to, the Uniform Building Code, iJniform Fire Code, Uniform Fire and Life Safety Code, Uniform Plumbing Code, Uniform Electrical Code, Uniform Mechanical Code, all parking and landscaping requirements, all at Applicant's cast and expense. e. Meet the requirements and conditions of the Ada County Highway District, Nampa & Meridian Irrigation District, Central District Health Department, CITY Fire and Police Departments, all at Applicant's cost and expense. f. Meet all of the representations of the Applicant FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 8 THE LAKE AT CHERRY LANE N0.7 -- CUP unless they are in conflict with the requirements of these Findings of Fact and Conclusions of Law or CITY Ordinances, all at Applicant's cost and expense. g. Enter into a Development Agreement, if not done so as part of the annexation requirements. h. Execute and deliver it to the City, if it is in agreement with these Findings of Fact and Conclusions of Law, a statement that it is in agreement. APPROVAL OF FINDINOS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND VOTED COMMISSIONER SBEARER VOTED COMMISSIONER MacCOY VOTED~''"r`~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED / DBCISION AND RBCOMMSNDATION ~ 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 these Findings of Fact and Conclusions of Law. MOTION: ~~(~~ APPROVE DENIED FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 9 THE LAKE AT CHERRY LANE N0.7 -- CUP