1996 11-12
MERIDIAN PLANNING & ZONING COMMISSION
AGENDA
TUESDAY, NOVEMBER 12, 1996 - 7:00 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD OCTOBER 8, 1996:
(APPROVED)
TABLED JULY 9, 1996: ANNEXATION AND ZONING REQUEST FOR
PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION:
(TABLED UNTIL DECEMBER 10, 1996)
2. TABLED JULY 9, 1996: PRELIMINARY PLAT FOR PACKARD SUBDIVISION
NO. 2 BY PNE/EDMONDS CONSTRUCTION: (TABLED UNTIL
DECEMBER 10, 1996)
3. TABLED OCTOBER 8, 1996: PRELIMINARY PLAT FOR THE RANCH
SUBDIVISION BY THE WESTPARK COMPANY: (TABLED UNTIL
DECEMBER 10, 1996)
4. TABLED OCTOBER 8, 1996: CONDITIONAL USE PERMIT FOR THE
RANCH SUBDNISION BY THE WESTPARK COMPANY:
(TABLED UNTIL DECEMBER 10, 1996)
5. TABLED OCTOBER 8, 1996: CONDITIONAL USE PERMIT FOR A KARATE
CLASS BY BRAD AND DEBBIE MILLER: (TABLED UNTIL
DECEMBER 10, 1996)
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION
AND ZONING TO C-C BY CHERRY PLAZA ASSOCIATES:
(APROVE FINDINGS OF FACT AND CONCLUSIONS OF LAW; PASS
RECOMMENDATION ONTO CITY COUNCIL)
7. PRELIMINARY PLAT FOR FIRST STREET PLAZA BY CHERRY PLAZA
ASSOCIATES; TABLED OCTOBER 8, 1996: (APPROVEb)
8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL
USE PERMIT FOR OFFICE/BASEMENT APARTMENT BY
DENNIS AND JANET BUTTERFIELD: (APPROVED FINDINGS OF FACT
AND CONCLUSIONS OF LAW; PASS ON RECOMMENDATION TO
CITY COUNCIL)
9. PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-0 FOR
PARKING FOR NEW MERIDIAN LIBRARY BY MERIDIAN FREE
LIBRARY DISTRICT: (CITY ATTORNEY TO PREPARE FINDINGS OF
FACT AND CONCLUSIONS OF LAW)
10. PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO C-C FOR
AN ANTIQUE, CRAFT AND COLLECTIBLE SHOP BY EUGENE
PETERS: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND
CONCLUSIONS OF LAW)
11. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
ANEW/USED R.V. SALES/SERVICE FACILITY BY ZAMZOWS:
(CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND
CONCLUSIONS OF LAW)
12. PUBLIC HEARING: REQUEST FOR A CONDITONAL USE PERMIT FOR A
TELECOMMUNICATION FACILITY BY WESTERN PCS II CORP:
(CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND
CONCLUSIONS OF LAW)
13. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
THE LAKE AT CHERRY LANE N0.7 BY STEINER DEVELOPMENT:
(CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND
CONCLUSIONS OF LAW)
14. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR THE
LAKE AT CHERRY LANE NO.7 BY STEINER DEVELOPMENT:
(TABLED UNTIL DECEMBER 10, 1996)
MERIDIAN PLANNING i~ZONING COMMISSION
AGENDA
TUESDAY, NOVEMBER 12, 1996 - 7:00 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD OCTOBER 8, 1996:
1. TABLED JULY 9, 1996: ANNEXATION AND ZONING REQUEST FOR
PACKARD SUBDIVISION NO.2 BY PNE/EDMONDS CONSTRUCTION:
2. TABLED JULY 9, 1996: PRELIMINARY PLAT FOR PACKARD SUBDIVISION
NO. 2 BY PNE/EDMO~DS CONSTRUCTION:
r~5/e. Gu~iZ C. /off jn~,.
3. TABLED OCTOBER 8, 1996: PRELIMINARY PLAT FOR THE RANCH
SUBDIVISION BY TH~WESTPARK COMPANY:
4. TABLED OCTOBER 8, 1996: CONDITIONAL USE PERMIT FOR THE
RANCH SUBDMSION~BY THE WESTPARK COMPANY:
dab/e ~~ht~2 e. /Ce!~ ~vr~,.
5. TABLED OCTOBER 8, 1996: CONDITIONAL USE PERMIT FOR A KARATE
CLASS BY BRAD AND~EBBIE MILLER:
6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION
AND ZONING TO C-C BY CHERRY PLAZA ASSOCIATES:
approve {~{ ~ c'/e a~~tove Cv,-~ Ceaedio~. ~ Fecvr~v~i2cla.fibr- ~v G~/C
7. PRELIMINARY PLAT FOR FIRST TREET PLAZA BY CHERRY PLAZA
ASSOCIATES; TABLED OCTOBER 8, 1996:
a//~~~rbve.
8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL
.USE PERMIT FOR OFFICE/BASEMENTRPARTMENT BY
DENNIS AND JANET BUTTERFl~LD:
a~pro~e .f~f ~ e/C ~~pro/e Canc~u/ien,~/^eCm~nn2e•~eda~ib,. ~a c~~C~
9. PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-0 FOR
PARKING FOR NEW MERIDIAN LIBRARY BY MERIDIAN FREE
LIBRARY DISTRICT:
c'•~~yy atte'ine~ ~ ~a-~,epov~e ~~~ ~ c'/a
10. PUBLIC H~,4RING: R~dUEST FOR A REZONE FROM R-4 TO C-C FOR
AN ANTIQUE, CRAFT AND COLLECTIBLE SHOP BY EUGENE
PETERS: /
Ci~ Gct~OhMey ~b prgpahZ ~f~~G'/C-
11. PUBLIC HE~RING: REQUEST FOR A CONDITIONAL USE PERMIT FCR
A NEW/USED R.V. SALES/SERVICE FACILITY BY ZAMZOWS:
12. PUBLIC HEARING: REQUEST FOR A CONDITONAL USE PERMIT FOR A
TELECOMMUNICATION FACILITY Y WESTERN PCS II CORP:
Lyr ~/ GLt`~~/~ fir ~/tie`jc~, ~~~ ~ e' c
13. PUBLIC HEAARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
THE LAKE AT CHERRY LANE NO. 7 Y STEINER DEVELOPMENT:
C~<~ ar'~mc~j tv ~-ce~~ ,~~ ~~/C
14. PUBLIC HFJ~RING: RE(~'UEST FOR A PRELIMINARY PLAT FOR THE
LAKE AT CHERRY NE NO.7 BY STEINER DEVELOPMENT:
CITY OF MERIDIAN
PUBL~ MEETING SIGN-U~HEET
NAME ~~ PHONE NUMBER
~-. _.~~~ 5~1~-sue ~ ~~~! ~ ~ S~~
~~~ - ~ z
t~av~~GJ~r~s-ce ~e~sf~e~~r ACS S~z~ -9'Si~
X83-y8
~~ vve~ ~ fi~~~/e. f ~S `6FSfS ~ ~ ~ SU
i •
MERIDIAN PLANNING & ZONING COMMISSION NOVEMBER 12. 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: Greg Oslund, Keith Borup, Jim Shearer, Malcolm MacCoy:
OTHERS PRESENT: Will Berg, Wayne Crookston, Shari Stiles, Gary Smith, Helen Sharp,
Dale Sharp, David Wiltsee, Denise Crabtree, R. Stansbury, M. Stansbury, Terry Leighton,
Gary Weeks, Gene and Jamie Peters, Tom Ensley, Corbey, Steve Bradbury, Richard
Zamzow, Jeff Dorman:
MINUTES OF PREVIOUS MEETING HELD OCTOBER 8, 1996:
Johnson: You have the minutes, are there any additions, corrections or deletions to these
as prepared?
Shearer: Mr. Chairman, I move we accept the minutes as written.
Oslund: Second
Johnson: Moved and seconded we approve the minutes as written, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #1: TABLED JULY 9, 1996: ANNEXATION AND ZONING REQUEST FOR
PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION:
ITEM #2: TABLED JULY 9, 1996: PRELIMINARY PLAT FOR PACKARD SUBDIVISION
N0. 2 BY PNE/EDMONDS CONSTRUCTION:
Johnson: It is my understanding we have had no new information since this was tabled
July 9, 1996. Is the applicant or representative here this evening? We do have one letter
that has come in on this from Vem Apeman which you have in your file. He apparently has
had no contact either with the developers concerning an easement across his property.
This thing has gone on for quite a long period of time, what would you gentlemen like to
do?
Oslund: Mr. Chairman, I move that we table not only items 1 and 2 by 3, 4 and 5 as well.
Johnson: For what length of time?
Oslund: All of these items have been going month to month with no action.
Meridian Planning & Zoning Commission
November 12, 1996
Page 2
Johnson: I would like to make sure the representatives for items 3 and 4 are not here first.
Is there anyone here representing the applicant or the applicant for items 3 and 4 which
is Westpark Company, the Ranch Subdivision, anyone here for that?
Crookston: Since those are not, since those were not called, 1 and 2 were called at the
same time that is the matter that you are dealing with now. I don't think it is appropriate
to take action on items 3 and 4 at this time.
Johnson: thank you, we will just handle 1 and 2 then. Would you restate your motion
please Mr. Oslund?
Oslund: I withdraw my motion and restate it to table items 1 and 2.
Johnson: For what date, for what date certain, how long?
Oslund: We have been tabling them for 2 to 3 months but we have been carrying them.
I don't know that it has any advantage to it anymore than the next meeting, the December
meeting.
Johnson: We have December 10 in there that would our next meeting, Do we have a
second to the motion?
Shearer: I second it.
Johnson: Any discussion regarding that? We have a motion to table these items to our
next regularly scheduled meeting on December 10, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #3: TABLED OCTOBER 8, 1996: PRELIMINARY PLAT FOR THE RANCH
SUBDIVISION BY THE WESTPARK COMPANY:
ITEM #4: TABLED OCTOBER 8, 1996: CONDITIONAL USE PERMIT FOR THE RANCH
SUBDIVISION BY THE WESTPARK COMPANY:
Shearer: Mr. Chairman, 1 move we table these until the December meeting.
Oslund: Second
Johnson: Any discussion, we have a motion and a second. I have a question of the City
Attorney, with these items that we are continually tabling, I know 1 can't remember anything
Meridian Planning & Zoning Commission
November 12, 1996
Page 3
that was said about these items and I would have to review the notes and I am sure that
probably applies to most of you. Is there a point Wayne when these really need to be
considered as being resubmitted? How long does this process go on?
Crookston: They are applications in standing until you take action to remove them from
the agenda which you can do at any time.
MacCoy: There is no length of time like one year?
Crookston: There is no length of time on how long they last in our ordinance.
Johnson: Can you tell me when these items came to Planning and Zoning either one of
them?
Crookston: I would have to say that it had to have been some time in (inaudible)
Johnson: We can look it up, I just thought that you had the information.
Oslund: I have a question for Wayne, it has been so long on the Ranch and they have
changed it so many times the conditional use, do we have findings on whatever their last
idea was?
Crookston: Mr. Oslund, I have the same problem you have, I don't recall where we are at
in he formal process for those applications.
Johnson: Let's do this prior to our next meeting then, can we get that information and have
it in our boxes and have consideration for perhaps removing these items from the agenda
when we find out the circumstances and the length of time and what action has been take
on these the last six months or so. To my knowledge nothing new has come in.
Crookston: I will supply that to the Commissioners.
Oslund: I have one more question, when you say action do you mean the action would be
removing it from the agenda or the action would be a recommendation to Council to
disapprove of the application?
Crookston: Excuse me Mr. Oslund, this has never happened before so I am not exactly
sure how we handle it. But I believe that the Commission can take action to just remove
it but I think that I can supply that information with the status of the applications.
Shearer: I think somebody ought to contact the people involved in these and see what their
Meridian Planning & Zoning Commission
November 12, 1996
Page 4
situation is and tell them that we are planning on removing them from the agenda. I don't
think we ought to just do it without even talking to anybody.
Crookston: I think that is appropriate.
Johnson: I believe in making that effort but I also think there is an obligation on the part
of the applicant to keep us informed as well.
Borup: Mr. Chairman, I have a question also, would it be possible to table an item for say
six months then if the applicant came in and wanted to proceed ahead to put it at the next
available time on the agenda?
Johnson: I know we have tabled items for more than a month, but I don't know the answer
to the other question.
Crookston: You can table it to a time certain I believe any place on the calendar that you
desire it. It does somewhat have to be reasonable. What I am saying is you can't table it
for 20 years.
Borup: I guess what I was getting at was we could table it for six months and they come
in at two months and wanted to get back on the agenda would that be possible without
having to keep doing this every month?
Crookston: I think that is a reasonable approach.
Borup: Not necessarily on these but maybe on future things too (inaudible).
Oslund: That is what I was getting at. There were some and these were probably the ones
that we table for two or three months at a time. We went three meetings out but we are still
seeing it on the agenda even though they were tabled for three months.
Johnson: It is not fair to the people that have been noticed, they come to these meetings
and nothing happens. So I think we need to do some research on that Wayne. You say it
has never happened before, you mean I am sure that it has never happened before here.
There must be some history somewhere at some Planning and Zoning Commission where
it has happened. If we could put our hands on that I would like to have some precedent
before that. Okay, we kind of beat that to death, did we ever get to the vote? (Inaudible)
All those in favor? Opposed?
MOTION CARRIED: All Yea
Meridian Planning & Zoning Commission
November 12, 1996
Page 5
ITEM #5: TABLED OCTOBER 8, 1996: CONDITIONAL USE PERMIT FOR A KARATE
CLASS BY BRAD AND DEBBIE MILLER:
Johnson: This does not look like a continuation of a public hearing so the public hearing
must have been closed, is that correct?
Borup: Mr. Chairman, I believe there is another business operating at that location at this
time.
Johnson: That is my understanding.
Oslund: We have nothing in writing from the applicant that they want to pull it?
Johnson: We do not.
MacCoy: Mr. Chairman, I recommend that we table this as we have on 1 through 4 and we
will make our decision based on what our Attorney comes up with (inaudible).
Borup: Mr. Chairman, I believe at the last meeting somebody from staff was going to
contact the applicant to see if they wanted to proceed.
Johnson: I would like to see if we could get a second to the motion first and then we can
have the discussion.
Shearer: Second
Johnson: Okay, discussion.
Borup: I believe last time someone from staff was going to contact the applicant to see if
they had any interest in proceeding.
Johnson: Yes and I don't know if that has happened because staff is not represented here
this evening. There has been some discussion from staff to the applicant the building
owner that it is not going to happen. We don't have anything from the.
Borup: (Inaudible)
Johnson: Any further discussion?
Oslund: Well I would like to kick it off the agenda too but what I was told last time is that
we can't until we have something in writing which this may be on our agenda forever given
Meridian Planning & Zoning Commission
November 12, 1996
Page 6
the applicant's (inaudible).
Johnson: Any further discussion? All those in favor of the motion? Opposed?
MOTION CARRIED: 3 Yea, 1 Nay
ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND
ZONING TO C-C BY CHERRY PLAZA ASSOCIATES:
Johnson: You have the findings of fact and conclusions, is there any discussion? Is there
a motion?
Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby
adopts and approves these findings of fact and conclusions of law.
MacCoy: Second
Johnson: Motion and second to approve the findings of fact as prepared, roll call vote.
ROLL CALL VOTE: Borup -Yea, Oslund -Yea, Shearer -Yea, MacCoy -Yea
MOTION CARRIED: All Yea
Johnson: Any decision or recommendation you wish to pass on to the City Council at this
time.
Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby
recommends to the Ciry Council of the City of Meridian that they approve the rezone
request by the applicant for the property described in the application with the conditions
set forth in the findings of fact and conclusions of law and the property be required to meet
the comments of the Meridian departments and other governmental agencies.
Borup: Second
Johnson: We have a motion and a second to pass the recommendation on as stated by
Commissioner Shearer, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #7: PRELIMINARY PLAT FOR FIRST STREET PLAZA BY CHERRY PLAZA
ASSOCIATES; TABLED OCTOBER 8, 1996:
Meridian Planning & Zoning Commission
November 12, 1996
Page 7
Johnson: This is a preliminary plat, what is your pleasure?
Oslund: Mr. Chairman, I move that we hereby recommend to the City Council to approve
the preliminary plat.
Shearer: Second
Johnson: Motion and second to approve the preliminary plat, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE
PERMIT FOR OFFICE/BASEMENT APARTMENT BY DENNIS AND JANET
BUTTERFIELD:
Johnson: Any comments regarding the findings of fact as prepared by the City Attorney.
I have one minor typo on page 3, the last sentence, first paragraph, first word should be
quite. Are there any other corrections, any other discussion? Wayne we have two copies
are they both the same? Or is one a revision of the other. We had an original and then
another one put in our box today, and they look to me to be the same.
Crookston: I believe that I only delivered one set, I don't know how the second set got in
your box. I delivered one on approximately 5:00 on Friday.
Johnson: That is the one that I read and there was a new one that came in this afternoon.
Crookston: There should be no changes, they should be the same.
Johnson: If there is no further discussion or no discussion I will entertain a motion.
MacCoy: Mr. Chairman I recommend that the Meridian Planning and Zoning Commission
hereby adopts and approves these findings of fact and conclusions.
Shearer: Second
Johnson: Motion and a second to approve the findings of fact and conclusions of law as
written, roll call vote.
ROLL CALL VOTE: Borup -Yea, Oslund -Yea, Shearer -Yea, MacCoy -Yea
MOTION CARRIED: All Yea
Meridian Planning & Zoning Commission
November 12, 1996
Page 8
Johnson: What recommendation would you like to pass onto the Ciry Council at this time?
MacCoy: Mr. Chairman, the Meridian Planning and Zoning Commission hereby
recommends to the Meridian City Council that they approve the conditional use permit
requested by the Applicant for the property described in the application with the conditions
set forth in the findings of fact and conclusions of law.
Shearer: Second
Johnson: Motion and second, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #9: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-0 FOR
PARKING FOR NEW MERIDIAN LIBRARY BY MERIDIAN FREE LIBRARY DISTRICT:
Johnson: At this time I will open the public hearing and invite the applicant or the
applicant's representative to address the Commission.
Tom Ensley, 1197 Main Street, Boise, was sworn by the City Attorney.
Ensley: It was last winter, I think it was in January or February that I met with you on the
new library facilities on Cherry Lane. I don't know if you can see this, on Cherry Lane.
That facility is now under construction and this is the existing building with parking at front
and back. The request tonight is to, the District has the option to purchase a piece of
property to the east of their existing facility. It is located off of the private Leisure Lane that
accesses to Cherry Lane. It is a piece of property that is 130 feet by 108 feet and then it
legs over 32 foot wide leg extends over to Leisure Lane that is to the east. The purpose
of the purchase or and the rezone request is to provide additional parking for the new
facilities. This would accommodate 21 parking places, it would be accessed strictly from
the library site itself with 2 accesses in and out within the existing driveway. There is a
driveway that goes around the building and this would be on the east side driveway. It
would impact the existing facilities in no way other than just accessing off through curb
cuts. The property would tie of course landscaped and fenced according to the City
ordinances with the green area. It would be two fold providing a green space for the library
facilities itself also then it will serve as the drainage for the on site drainage. Then there
will be a buffer of trees and landscaped area around the perimeter of the parking. This leg
area would not provide, we are not planning for access to Leisure Lane. We would use
this as a greenbelted area also. I think that is (inaudible).
Johnson: Okay, thank you very much, are there any questions of Mr. Ensley? Anybody
Meridian Planning & Zoning Commission
November 12, 1996
Page 9
else, anybody have any questions. This area in front there that is just lawn and sidewalk?
Ensley: This area here, that would be lawn area, grassed and trees and shrubbery and
sidewalk. Probably they will use it in the operation of the library, they will have some story
hours out there and so forth.
Johnson: Any picnic tables anything like that planned?
Ensley: Not necessarily, could perhaps be, it is really just kind of open at this point. It is
just kind of (inaudible)
Johnson: Thank you very much, I guess we have no questions unless you do Mr. Oslund?
Oslund: I just have one that I was thinking about, is this needed to meet your parking
requirements for the main development or that is already met?
Ensley: No, we were required to have 75 we have 77 on the site. But it is obvious that
additional parking will be needed, particular in he meeting room and so forth as the facility
get into full swing, they will. Additional parking would be most convenient.
Borup: Was this property split off from an existing lot or was it already that configuration?
Ensley: It is that configuration right. There is a lot here, there is a lot here on the corner
and then when (inaudible)
MacCoy: I think it would make good sense, I have been up there and driven and walked
the whole thing. I thought it was a good direction to go for you people because you have
a chance to use that land.
Crookston: Mr. Ensley, what type of guarding or buffer or whatever are you going to do so
the people cannot gain access off of Leisure lane?
Ensley: It will be fenced, as the rest of the fence around the property, it is a cedar, 6 foot
cedar fence.
Johnson: ff there are no further questions from the Commission could you tum that around
so the public could see that. This is a public hearing, is there anyone else that would like
to come before the Commission, now is the time to do it. Any questions?
Terry Leighton, 1811 Leisure Lane, was sworn by the City Attorney.
Meridian Planning & Zoning Commission
November 12, 1996
Page 10
Leighton: I have a few concerns basically about the fencing and stuff being a cedar and
also the access (inaudible).
Johnson: You need to address us and speak into the mic because we pick it up and then
we transcribe it. So I would appreciate it, questions directed to us please.
Leighton: My concerns are the fencing which were addressed, the 6 foot cedar. And the
buffer zone, is this 30 foot leg which was addressed as being the flood plain control or for
the parking or is the back part where I see the little area. How are we going to be
guaranteed that this buffer is going to be fenced and controlled? Those are my questions.
Johnson: Okay, is that all you had Terry? Thank you, is there anyone else here from the
public that would like to come forward at this time? We will try to gather all of the
information, all of the testimony in questions and try to answer all of the questions at once.
Denise Crabtree, 1927 Leisure Lane, was sworn by the City Attorney.
Crabtree: I am very relieved to see that you are not going to use Leisure Lane. I had
stopped at the library one night and understood from what they said that they were real
happy that they could have another out for the library could just use Leisure Lane. So I am
very relieved to see that is riot going to happen. but, I don't want people just walking down
here it is still a private lane and we need to be careful about how we, there is not really
much room for pedestrians if there is entry way for pedestrians in there it needs to be
considered for their safety too. That is what I would like to add.
Johnson: Thank you, anyone else? Mr. Ensley, would you like to comment perhaps on the
questions brought up by Mr. Leighton?
Ensley: I believe we did answer the one about the green belt area, we will be using this
(inaudible) to accommodate the on site drainage. There will be a fence around the entire
property so there will be no access to it then from other than the library itself of course
from the parking area and from the library site will be the only access to that. Is there
another question?
Johnson: There were just some concems not really questions.
Ensley: I should answer that there will be no pedestrian traffic, (inaudible)
Johnson: Well there is nothing in your design that encourages any additional traffic at all,
Leisure Lane pedestrian or otherwise that I can see. Thank you very much, one last shot,
anyone else?
Meridian Planning & Zoning Commission
November 12, 1996
Page 11
Corbey Bolton, 1727 Leisure Lane, was sworn by the City Attorney.
Bolton: I was just concerned about the lighting on that, like at night and stuff because 1 live
right there in the corner.
Johnson: That is your only concern? Thank you, do you have another question Terry?
Leighton: This is a question just to you guys basically. I don't know the legality or the
zoning but could a person if they lived near that purchase that leg to control that access
maybe and save the library district some money of the fence and all of that and the
buffering system. If a person was to come just straight off, because that attaches to my
yard if I could just make that part of my yard is what I am thinking for that 32 foot.
(Inaudible)
Johnson: The property that is now owned by who, which property are you talking about
(inaudible)
Leighton: (Inaudible)
Johnson: You would have to talk to the owners of the property. They have an option on it
which I assume they are not the owner yet (inaudible).
Leighton: (Inaudible)
Johnson: Can it be split I would think it could be, I don't know. Anybody else have
anything? Do you know enough about the lighting at this point, because I know we have
(inaudible).
Ensley: We really haven't gone to that point yet but it will match the lighting on the, it will
of course require some lighting for night use. The lighting is designed to be a down light
and we have been very sensitive about that not (inaudible) our project is surrounded by
residential.
Johnson: Okay, we need that on the record and we appreciate you putting that there.
Anything else, any questions by the Commissioners? If not then I will close the public
hearing at this time. What would you like to do.
MacCoy: Mr. Chairman, I move that we have the attorney prepare findings of fact and
conclusions of law on this.
Shearer: Second
Meridian Planning & Zoning Commission
November 12, 1996
Page 12
Johnson: We have a motion for the City attorney to prepare findings of fact and
conclusions of law on item 9, all those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: Does anybody have any idea what we did here tonight, or have a question about
what we did? This is the first step, findings of fact will be at our next meeting on December
10 and then if those are approved it will move directly to the City Council and you will have
another opportunity to talk to them on a public hearing.
ITEM #10: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO C-C FOR AN
ANTIQUE, CRAFT AND COLLECTIBLE SHOP BY EUGENE PETERS:
Johnson: I will now open the public hearing and ask Eugene Peters or his representative
to address the Commission.
Eugene Peters, 1323 N. Meridian Street, was sworn by the City Attorney.
Peters: Pretty much what I submitted is what we have been planning. Basically the
property at 1323 N. Meridian Street the east side of this street, the entire east side is
already zoned C-C. Eventually the entire street we understand is going to run south on a
one way basis. Perhaps over the next few years, I am not really sure exactly when. But
we as owners, ar we are in the process of buying the home have considered this option
of changing it to rezone it to be for business and we have stepped forward rather slowly
in deciding what we want to do with it. We are just in the process of making these plans
as we are standing here. We have received all of our papers like for the requirements I
mean from Ada County Highway district, what they would require in regard to parking in
the back. We have agreed with them to pave and make a parking lot out of the back off
of that alley way. Therefore there wouldn't be any gravel or dust problem. As well as, I just
received today, we have been out of town for a couple weeks, but I just received from City
of Meridian this morning the requirements from Planning and Zoning from you folks. I went
through them and I am seeing what we have to do there in regard to striping that parking
lot as well as putting in handicapped. We certainly would do our best to abide by that. I
have talked with neighbors (.don't know if I have any neighbors that have any concerns on
this or not. I have talked with most of them. I guess triat is pretty much it other than what
you have on paper. I don't have a chart or map or anything, I have never done this before
(inaudible) didn't know what I was supposed to bring in. That is probably pretty much it
what you have in front of you.
Johnson: Thank you, any questions of the applicant from the Commission?
Meridian Planning & Zoning Commission
November 12, 1996
Page 13
Borup: Just one, you said you did review the comments from Mr. Freckleton and Ms. Stiles
the 14 items?
Johnson: That is the letter of November 8.
Peters: Am I holding the. right one up?
Borup: Turn the page, and you had no problems with any of those items?
Peters: Well I probably will have a couple of questions in regard to the requirements there
on number 11, the drainage plan. You are wanting an architect or an engineer to draw that
up. I don't know if you would accept, that is something I guess we would have to discuss
but the fellow that I have that I was planning on using to put in the pavement that parking
lot, he is familiar on where to drain it and all of that. But if that isn't going to be accepted
then we will have to go through (inaudible).
Johnson: The reference there is to an ordinance that requires that. You need to talk to our
people about that.
Peters: Okay, that is what I had a question on, I didn't know that.
Oslund: Number 11 falls under the general category for the (inaudible).
Peters: Underground sprinkling is already in that we can make work. t think the rest of it
we are pretty much, you know understand. The last item, number 14, all lighting shall meet
the City requirements, we will find out what that means. I think it is probably just one light
in the back there or something. Who would I contact on these questions in the future?
Johnson: To start with Shari Stiles and if she doesn't have an answer she will direct you
to the right people, but Shari Stiles is who you need to talk to.
MacCoy: Since you said you read this material do you have any problem with item 3 on
there. 1 had some concerns and submitted those as what I considered a problem to do
since I have been out there and looked at your place. It is a single driveway it runs back
at the side of the house there and I don't know how big your back yard but I am worried
about turning a car around.
Peters: Okay, you know how the area recesses in the back, that fence will come out all the
way to my neighbors property. Then in the bads yard itself there is a slope in the back that
goes probably 28 feet from where the fence now sits. So actually from the center of that
from the center of the alley way I am going to guess roughly 35 feet. That would all be
# •
Meridian Planning & Zoning Commission
November 12, 1996
Page 14
paved and it would be paved entirely over to, between the two fences. So there would be
plenty of room to actually turn quite a large rig back there.
MacCoy: You are going to submit a plan here so that we can (inaudible) it is a very small
area I am really concerned about the (inaudible)
Peters: The alley way is very small, it is like, the Ada County, they are requiring 12 feet
wide of pavement that is actually the narrowest part, the rest will be, once that fence is out
and pushed forward it will all be plenty wide. But we will certainty do our best to submit to
you what you have in mind there.
MacCoy: Do you plan for a lighted sign?
Peters: I haven't really decided that yet.
MacCoy: You are aware that you will have to bring that in here anyway as part of our sign
ordinance.
Peters: Yes I am, I have looked at some of the signs on First Street like the Red Door and
the one next door to it. I have kind of, I haven't really put the cart before the horse there
yet but we kind of looked there to see what they had up and we thought we would do
something similar.
MacCoy: That is all I have.
Johnson: What is, it is probably here but I didn't pick up on it. What is the total square
footage of the structure?
Peters: The total square footage is 1950, 1900 I would say.
Johnson: Since you are also going to maintain a residence there what portion would
actually be used for that, what percentage would be used for the business?
Peters: Probably half and half, I have a full basement in the house. If this flies if this will
go the way we would like to see it go over a period of time we will move out and make it
strictly a business.
Johnson: Thank you, any other questions? This is a public hearing, anyone else here this
evening to address the Commission on this application? Anybody have any further
discussion? If not I will close the public hearing at this time. What is your pleasure?
Meridian Planning 8 Zoning Commission
November 12, 1996
Page 15
Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and
conclusions of law on this.
Oslund: Second
Johnson: We have a motion for the City Attorney to prepare findings of fact and
conclusions of law on item 10, all those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: We will review those December 10 and then it will go onto the City with the same
procedure there will be another public hearing.
ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
NEW/USED R.V. SALES/SERVICE FACILITY BY ZAMZOWS:
Johnson: I will now open the public hearing, is the applicant or his representative here,
they are both here.
Steve Bradbury, 300 N. 6th Street, Boise, was sworn by the Ciry Attorney.
Bradbury: Mr. Chairman and members of the Commission my name is Steve Bradbury as
Mr. Crookston has already indicated and for those of you who don't know me and I guess
it is only Mr. Borup who I haven't met in the past, I am an attorney. I have been asked to
represent Zamzows in connection with this application. What you have before you is an
application actually to expand an existing conditional use permit for a new and used
recreational vehiGes sales and service facility that is presently located down here on East
First Street at the site of the old Meridian Ford property. So that you know, it has been a
little confusing at least to some people about what part we are talking about. The site we
are talking about is bounded by East First Street on the east and by Meridian Road on the
west and by Les Schwab Tires on the south. then it goes up to where that residence is
on the north that is on East First Street and stops there and goes back. Apparently
Meridian Ford used some other property which was behind that residence and further to
the south. That property is not included in this application. The property that is in this
application consists of about 3 acres more or less, maybe a little more than that. It, what
we are doing here or asking for is to expand the conditional use permit that was previously
granted which consisted of I am going to say I am going to guess about an acres worth
maybe a little more than that acre maybe an acre and a half. Now that original conditional
use permit was filed back in March and it was filed under the name Advantage Auto Sales,
you probably remember that one. That was intended to be an automobile sales and truck
and automobile sales lot. The hearing was held before this Board 1 guess in May, I wasn't
Meridian Planning & Zoning Commission
November 12, 1996
Page 16
here at that time but then later got involved in the project. Of course then the project was
ultimately approved subject to a number of conditions and it seems to me based upon what
I have been able to gather the big issue seemed to be the landscaping requirements. So
while the staff was working out the landscaping requirements with the owner of the
property and the potential user, that user Advantage Auto jump ship, took off and gave up
and went away. So Zamzows was sitting there with a conditional use permit without a
tenant on its property it was intending to lease. So they got a hold of Tom Scott
Automotive and last Summer filed and application with the City to transfer the existing
conditional use permit to Tom Scott Automotive. That was approved by the Council, I
believe it was about August 20 of this year. Then on a temporary or (End of Tape) it was
made clear the intention was that Tom Scott would want to use the entire site and not just
a portion of the site. Of course staff advised that a new conditional use permit would be
necessary, that is what we are here to do. What we are asking this body to do is to
approve the expanded conditional use permit basically in accordance with the same
requirements which were imposed with respect to the original conditional use permit
except of course there are a couple of differences. The main one and most obvious one
is probably the landscaping requirements. The landscaping requirements which were
imposed before had to do with just the portion of the site which was going to be used. So
now we are proposing to use a larger portion of the site and a new landscaping plan was
necessary and in fact has been prepared and submitted and I am assuming that you all
have copies of that plan. If you don't I have a couple of extra here. Mr. Zamzow hired BiII
Strite to prepare the landscape plan. He drew it up and met with Shari Stiles who is not
here at the moment to defend herself so we will say whatever we can think of. My
understanding and I think Bill's understanding is that Shari had reviewed it and was
satisfied with the proposal. That is what we intend to build assuming that the application
is approved. The other thing of course that is different about this application than the
previous one is that Ada County Highway District has required that additional dedications
and improvements be made. Before we were only talking about East First Street frontage
now we are talking about Meridian Road frontage as well. So the Highway District has
imposed some additional dedication requirements and improvements for that frontage. We
have reviewed the ACRD requirements and they are all acceptable to the applicant.
Except I guess one minor issue that has to do with the amount of the deposit they are
asking to be put into their right of way trust fund. They calculated the deposit based upon
320 feet of frontage on that road, they only have about 260. We think we can work that
out with the Highway District without too much trouble. I just wanted to point that one minor
glitch out. Other than that the Highway District's requirements are generally acceptable.
Johnson: Excuse me, you have no problem with the paving requirement?
Bradbury: Are you talking about the interior of the site?
Meridian Planning & Zoning Commission
November 12, 1996
Page 17
Johnson: Yes
Bradbury: I will get to that, I am not quite there yet, I am almost there. As a matter of fact
I think the next thing I am going to talk about is there. We have also reviewed the staff
report which we received this morning and are generally in agreement with most of it. But
it was a very nice segway, the graveled area section that staff has requested be paved we
would like this body to consider waiving that requirement and the reason is this. The lease
with Tom Scott Automotive is only a 3 year lease. We don't expect that property will be
used long term for that use. I was talking to Rick earlier this evening and he tells me that
he kind of expects that eventually there will be another use there and there may very well
be a building placed in the location where this gravel area is or some part of the gravel
area. His request to you is that you not require him to pave something that 3 years from
now he may be digging up and putting a building over the top of. That site is intended to
be used only for over flow parking in connection with the operation there. It had been used
by Meridian Ford for the same purpose and my understanding is for however many years
that they were on the site or that portion of the site and what we would like to be able to
do is to continue a similar use for at least the term of the existing lease and then if the
plans change we won't have to be digging out a bunch of expensive pavement. So that,
with respect to the internal paving that is a concern. We also of course are aware of and
a little bit concerned about the staff report's observation that there has been a lack of
progress on the landscaping requirements under the originally issued conditional use
permit. We certainly understand the City and City staff are a little bit concerned about that
too. There is a reason why nothing appears to have happened on ground. There is a little
bit more behind the scenes probably going on than is obvious. You need to remember that
when Advantage Auto took off on us and we went to Tom Scott and got Tom Scott involved
at that point we knew they wanted to use the entire site. We had been advised that we
were going to have to get a new conditional use permit for that and we knew that based
upon that we were going to end up with additional landscaping requirements and
additional ACRD right of way dedications and that we were going to be looking at
preparing a completely revised or substantially revised site plan to deal with those issues.
The hope was that we would be able to construct all of the improvements at one time
rather than having to go in and do a little bit here and then after we get conditional use
permit approval for the rest of the site assuming we did go back and do the rest of it. So
that was at least part of the problem, part of the problem was that we didn't want to jump
out there and start building stuff and then have to go back and rebuild or add on or fix or
change depending on what you folks decided was a necessary requirement for the
expanded conditional use permit. The second issue of course is that we had to go back
to the Highway District and find out what they were going to require. And of course we had
to higher the landscape architect or get him back on the job and get him to come in and
talk to Shari and see what it is that she was going to require or propose be required. C!f
course all of that took probably a little more time then any of us really expected. As a
Meridian Planning & Zoning Commission
November 12, 1996
Page 18
matter of fact we are still trying to get permits out of the Highway District to start the work.
I spoke with Rick again earlier this evening and he tells me that he has gotten bids from
Concrete Placing to start the work at least on the First Street frontage. If we can get the
permits and all goes well construction should start in the next two weeks. Rick can tell you
a little bit more of the details if this has been a worry for you. I guess what I would like to
convey to you rf nothing else is that the applicant I think is doing his best to try and comply
with what it is the City would like to see out there. I will tell you something that I have told
to the Mayor and I think Mr. Johnson was in this meeting, it has been a couple of months
ago, one of the issues that has created some consternation for the applicant is whether
or not and why he ought to be required to get a conditional use permit in the first place.
Given that site was used as an automobile sales lot for years and years. That is that
Meridian Ford was grandfathered. I have spoken a little bit with the City Attorney about
the necessity of getting a conditional use permit and frankly we disagree.. Mr. Crookston
thinks that we should and I am not sure that legally it is required. All of that aside and in
order to try and get along and to try and do what the City would like to have done the
applicant has agreed let's try to get some approvals and let's try to build some of these
things. That is where we are but I guess the bottom line is that the applicant would like to
do it with, as efficiently and economically as possible. With efficiency you sometimes get
a little bit of delay.
Johnson: (Inaudible) sharing that feeling with us?
Bradbury: Well the reason I am sharing that feeling with you is for two reasons, one
because one of the requirements under the law is that I make a record of any legal issues
that might arise in connection with an application, so I am making a record. And second
just to explain to you that even though legally there may be an argument as to whether or
not the conditional use permit is required the applicant is agreeing to go through the
process. And we are here and we are not saying, the applicant is not saying I won't get
a conditional use permit, I won't go through the process, and I am just going to do
whatever I darn well please out there on the one hand. On the other hand the applicant
is asking that you folks recognize that economically some of the conditions that are sought
to be imposed might be just a little bit too harsh. I hope by saying that I haven't ruined
everything I said before.
Johnson: Anything else?
Bradbury: That is all I have, I would be pleased to answer any questions if you have any
of me.
Johnson: Any questions of the representative?
Meridian Planning & Zoning Commission
November 12, 1996
Page 19
MacCoy: You said you have read the requirements that our staff has put together. I am
interested in your understanding of the signage out there.
Bradbury: 1 don't know what plans there are for signage, I understand as the staff report
points out that if signs are intended then they need to be approved. Beyond that I can't
answer or address the question. Maybe Mr. Zamzow would be better suited for that one.
MacCoy: Okay, since you realize that we have a sign ordinance (inaudible) and get that
approved. Since your statement that you are only going to be there 3 years or at least your
client will be there 3 years I don't think (inaudible) big signs that we don't want to see big
signs that light in the night and flash on and off and so on because we have had our fill of
that situation.
Bradbury: I understand what your concern is and I wish I could address them in more
detail but I just don't know what the plans are.
MacCoy: Now, the ADA which is your American Disability Act are you familiar with that?
Bradbury: Sure
MacCoy: We have asked for parking and signage on that property, that building as it
presently stands doesn't have any access interior do you know what the inside of that
building is going to be used for? Meaning are we required to have people that have
wheelchair problems have to go in that building or is that going to be strictly maintenance
operation in there?
Bradbury: I don't know what specific requirements under the ADA may be applicable to the
building itself.
MacCoy: Well if you use it for the public you are going to have to make it accessible is
what the thing says. That is pretty short order. One of the things that was laid out in the
staff report which 1 take exception to is it mentions repairing the broken concrete. Are you
familiar with concrete work, but you are better off going in and busting all of that out and
putting in new concrete. I don't want to see a repaired concrete out there down on the
main thoroughfare that we have because it just doesn't work in the first place We are
always repairing it. It doesn't do your business any good and it doesn't do us any good
as a City. I would like to see that be included in your material that the sidewalk if you are
going to take it out your money ahead actually by taking the whole thing out and putting
in a decent sidewalk and concrete effort. Site lighting which was spoken to as part of this
is a real concern of ours. We understand you have to sell items but we also think that the
people that live on the north side of the place deserve some recognition from the
Meridian Planning & Zoning Commission
November 12, 1996
Page 20
standpoint we don't want to end up lighting their entire place up. So I would suggest that
you have that as a criteria that you do low level lighting that doesn't blind the people that
live next door. I had one more item here, I will pass, go ahead.
Shearer: I don't have anything, I think everything is pretty well covered.
Johnson: Commissioner Borup?
Borup: The only question I had, I think from what I gathered from (inaudible) basically
everything that staff prepared you are in agreement except for paving the over flow parking
in the back.
Bradbury: That is correct. That is really the only issue that is of any significance. It
appears to me that except for the little bit of a glitch we have got with ACHD that is the only
other thing we would have to work out.
Johnson: Thank you very much, would Mr. Zamzow like to address the Commission at this
time?
Richard Zamzow, 11555 Thomas, Boise, was sworn by the City Attorney.
Zamzow: I really don't, I think Steve covered the history thoroughly, I don't think I need to
go over that again. This has been a real struggle for me, had I known it was going to be
like it was I probably never bought the property in the first place. (Inaudible) It is amazing
to me, of course I deal with, I counted one day, 1 deal with 27 different government
agencies and we all do that from the Department of Weights and Measures to OSHA, and
it is questionable sometimes how people would want to be in business first of all or how
they can stay in business. I think it is pretty tough sometimes. Nonetheless it is very
expensive to facilitate everybody and very time consuming. Plus you have to run your
business in the mean time and I am not up here on my soap box but 1 am going (inaudible)
I have had a renter here since February, I have had lots of rent since February and plus
all the improvements that need done. I know you guys don't have any real sorrow for the
money that I am losing so on and so forth, but frankly it is tough. You have cash flow and
you have to make ends meet and you have to work. So with that in mind what Steve is
saying is hey we are bleeding, the bleeding has stopped the Mayor has been great, Shari
has worked with us and they have helped us. We have an overflow, we were honest up
front that gravel area we wanted to use as overflow. Tom Scott came over here saying hey
I want to be upfront with the City of Meridian to a fault. So that we don't have any problems
with them down the line because we want to be good citizens and I don't want to lease this
from you long term and make how many millions of dollars worth of equipment do they
have there and make a commitment like that and then having to find another location.
Meridian Planning & Zoning Commission
November 12, 1996
Page 21
Johnson: I will second that, I was at that meeting with Tom Scott and they were very up
front about what their intentions were.
Zamzow: Yes they were, so we said we want a little bit of overflow parking, needless to say
if you are going to use that for overflow parking then you have to go to Ada County and
have to do all of the landscaping improvements. Then you have the setbacks on the
Meridian side then they require that landscaping there which is another $30,000 so now
we have $60,000 worth of improvements plus loss of rent. So we are talking $100,000
worth, which you don't budget for. There is not a one of you that would have bought that
property or anybody I asked would have ever thought I would have had to do what I am
doing. I am sorry, I have never talked to anybody that would have thought that. It is not
as if I just fell off the watem~elon truck because we just finished a building down there and
I know what the requirements are and I have no problem with the requirements. But I have
a problem with expediting things, and I think I fell in the crack here somewhere. So anyway
with that in mind I would hope that you are as considerate as possible so I don't have to
throw another $30,000 of paving on there for over flow parking. (Inaudible) I have really
kept my temper Jim.
Johnson: I think you have done a very good job of that. I do, 1 understand exactly where
you are coming from, I think we got off on the wrong foot on some issues. I hope you don't
think that this commission has been obstructional an obstructionist at all because that is
not our intent to do that. I realize things haven't moved along quite a quickly as they
should have. I think however I think you people made some assumptions that weren't true
and I can see why you made those assumptions but we have to follow what our ordinances
are and what are requirements are and I know you understand that now. I think the recent
meetings have all been positive and with the Mayor and I think going back to why we are
doing what we are doing is an opportunity that the City has not had for a long period of
time on that piece of property to make what we consider to be improvements to the
entrance way to Meridian and that is why, it is an important piece of property to our image
as a City. In the future this is probably our last opportunity at least first and last for a long
time to make improvements there that fit with our present code. We are proceeding as
though we are legally able to do that at this time. On the advice of our attorney and other
things this is an opportunity for us to do that and I think you understand that. We are
compassionate, some more than others obviously, but we want to move this along too as
quickly as we can. We also have to do it right and this is enough of my speech, but I am
just responding to really your concerns because it is not as though we are up here trying
to make things difficult for you. That is not what we are trying to do, at least we do not do
that on this Commission I can tell you that.
Zamzow: I know that it takes time, you meet once a month and then that goes two months
and then it takes me a month to get the architect and then I have to go in front of Ada
Meridian Planning & Zoning Commission
November 12, 1996
Page 22
County which is, I am telling you is a real tough duty. And then it has to go to the State of
Idaho and then we have seven or eight people that have to sign off and it just takes time.
It is my concern was my integrity with the Mayor that 1 told him I would get started as soon
as possible and frankly I did. On the 15th I redid the drawings with Billy Ray Strite to fit the
whole property and it took my renters almost 2 weeks to get signed off of all the agencies
just the fire department, the planning and zoning, the sewer and underground waste
people and so on and so forth. I have been, if I had dropped and quite running Zamzows
and worked 100°~ of trying to get this renter I suppose I could have sped it up maybe a
week or two. But I have a business to run and that is in between time. So that is real
critical to me because f don't want to have any hard feelings with the Mayor or anybody
else on this because I am doing business in this area and that was my biggest concern
was in the staff report it showed, I kind of read between the lines there like there was some
concern there and there shouldn't be. We will get it done, first and foremost they have
a $24,000 bond with me and then they have another one that the Ada County Highway
District, another, so they double whammied me on bonds. In other words I did it twice, I
did it with the City once and I had to do it with Ada County Highway District. (Inaudible)
Are there any questions?
Johnson: Any questions of Mr. ZamzoH/?
Oslund: I just had a comment, that is that you talked about the cost of the improvements
and I hope that they are not excessive but the only thing that I would add is that hopefully
that as each owner out there adds their improvements that is going to improve the value
of all of your properties and hopefully in the future you will have a property that is worth
even more and even more desirable than it is now. 1 hope that money you spend you get
returns on that. I think you will.
Zamzow: I think we will long term, it is kind of hard to up front the cost when you didn't
budget for it. Of course that happens every time you do a project. But usually not more
than 10% this one has been substantially more than that. Nothing comes easy that is for
sure.
Johnson: Okay, this is a public hearing, is there anyone else that would like to address
the Commission at this time? I will close the public hearing at this time.
MacCoy: Mr Chairman, I move that we have the attorney prepare findings of fact and
conclusions of law for this project.
Shearer: Second
Johnson: Moved and seconded we have the City Attorney prepare findings of fact and
Meridian Planning 8 Zoning Commission
November 12, 1996
Page 23
conclusions of law, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
TELECOMMUNICATION FACILITY BY WESTERN PCS II CORP:
Johnson: I will now open this public hearing and invite the applicant or the applicant's
representative to address the Commission.
David Wiltsee, 3184 Elder Street, Boise, was sworn by the City Attorney.
Wiltsee: Before I start I would like to say that my seat back is in mint condition, I did not
attempt to destroy or mutilate the arm in any manner, if that could be held to my credit I
would be most appreciative. Good evening, 1 am very happy to be able to deliver this
proposal for a conditional use permit to you tonight. I represent Western PCS which is a
corporation based in the Seattle area, and holding quite a number of FCC licenses to
serve large portions of the west and mid-west. Almost exclusively with wireless
telecommunication services ranging from conventional cellular to the type of system we
are building here in southern Idaho right now which is a more advanced cellular type
system called PCS. It is digital rather than analog in nature compared with the more
conventional cellular. It has much more capability of supporting different kinds of devices
and much more capacity. There was an interesting story on Channel 7 news tonight about
a fellow who was setting up an independent web type site in Boise, he just aimed up to
Table Rock mountain with a little antenna he has devised and he will then peddle his
service to people so they can get on the Internet in a wireless way.
Johnson: Cyber highway.
Wiltsee: Yes, this kind of thing is coming very rapidly, we don't see us being in
competition so much with the more conventional telephone companies and
telecommunication companies as supplementing and providing a different kind of service
than is available right now. In the area that we are dealing now, essentially Ada County,
Canyon County, and Payette and over into (inaudible) Oregon will be putting about 35
telecommunications antenna sites. We started in August and we are probably going to
complete our work in February or March hopefully and be able to have the system up and
running. There after we will move over and deal with the rest of Idaho and hook into our
system that extends down and includes the entire State of Utah. The particular facility that
we are requesting a conditional use permit for is a monopole and I am sure you are familiar
with a monopole that is over in a storage facility over here near the interstate highway here
in town. It would be similar, it is going to be located on Bower Street, it would be a little
Meridian Planning & Zoning Commission
November 12, 1996
Page 24
more subliminated perhaps than perhaps the one there now. It would be a 120 foot
monopole with 6 antennas mounted at the top. It would occupy a leased area on the
ground of 40 by 40 feet, a fenced in area and include the monopole within in that fenced
area and a concrete pad on which states a so called BTS, a base transceiver station that
contains all of the guts of the system, switching, equipment and computers and radios are
contained in a cabinet size fairly small metal container on the ground. The particular
property that we are proposing to locate on is owned by the McCray's who own the
plumbing supply shop which is on the same property. It is a 1.46 acre parcel. This parcel
is immediately south of the rail road track and immediately north of Bower Street, it is
wedged in between the rail road track and Bower Street near 5th. Our proposal is to
occupy this very small piece of leased property on the McCray site. Maybe you would like
me to stop now, we have submitted drawings and I hope you have copies of those
drawings, it might be a little hard to read but I would be more than happy to interpret them
for you or describe any aspect of the project. Again the fenced area and the facility itself
essentially backs right up to the rail road track there. Currently the property houses a
plumbing supply place and the rest of it is pretty much a vacant not even gravel, just dirt
and rock rubble parking area. There is an existing storage tank that is on the property and
it is going to be removed. It used to be used for fertilizer.
Johnson: Is that a surtace tank?
Wiltsee: Yes it is sir. I don't want to get prematurely into the suggested conditions by the
staff but we would be we are more than happy to comply with paving and landscaping
requirements. If I might if I have a chance I might describe a little more detail of what we
have in mind along those lines.
Johnson: I think we will probably have some questions that will lead into that. At this point
are there questions from the Commissioners?
Oslund: I just had one, how high is the one or do you know how high the one is over at the
storage area off of Waltman?
Wiltsee: I believe so, it is right in front of the storage place there. It is 110 feet.
Oslund: So it is pretty close, thank you.
Johnson: Commissioner MacCoy?
MacCoy: No
Johnson: I have just one, there seemed to be concern both with staff and our Chief of
Meridian Planning & Zoning Commission
November 12, 1996
Page 25
Police with regard to interference. Could you address that?
Wiltsee: Certainty, the range on the radio spectrum that is currently occupied by police and
emergency services is actually being assigned to this type of service. The police and
emergency services are being reassigned to 900 megahertz what they used to occupy
between 1850 and 1990. Don't ask me to many things about this because you get in real
fast over my head. That 1850 to 1990 band of the spectrum which has previously been
devoted to emergency services nationwide again is not being devoted to PCS and those
emergency services are being relocated to 900. So as far as radio frequency concem
there won't be a conflict. We have planned this particular facility as we do all others to be
able to accommodate if possible police, emergency services and other public service
communications on the pole itself presumably with whip antennas. In some cases the
police and emergency services take us up on it, in other cases they have a pretty good set
up already. I know in Garden City we are providing an opportunity for them to go to a
higher elevation on a pole than what they presently have on their own tower, that is going
to give them much better coverage in the City so they are going to take us upon it there.
We would be more than happy to do the same thing here in Meridian.
Johnson: I appreciate that thank you.
Crookston: Mr. Chairman, I have a question, this is not a specific question about your
application but what I am wondering is how many of these poles do you believe the City
could eventually have? I will state my concern is, my concern is that we have one in this
place now and one over here now and one over here now and then presumably we have
3 here and then we have 18 over here.
Wiltsee: Well at this point I think you are about half way through. There are a number of
additional license (inaudible) recently completed by the FCC. There will probably be
another 5 or 6 different carriers coming in, not necessarily to Meridian per say or any part
of Meridian but being required by virtue of their license to serve metropolitan areas and
other areas. So 1 would say probably another 5 or 6. Some of them are devoted to mobile
radio, devoted to paging systems. But still in all they are going to have some sort of
antenna structure in their game plan. We try as best we can to collocate, so called
collocate with other companies we try to make available if the structure permits try to make
available space for collocation. Which is not always easy and vice versa we try to
collocate on other peoples facilities when we go into a new area where they are
established, but then it doesn't always work. There are structural reasons why it can't be
done sometimes and there, it is just impossible sometimes to come to a deal and
(inaudible). We tried, not to knock competition but we have tried a number of times with
US West in this vicinity to collocate with them. Although we can see no structural reasons
(inaudible). We do try to collocate. In this particular case because of the size and nature
Meridian Planning & Zoning Commission
November 12, 1996
Page 26
of the structure it is going to be a very thin monopole and it really will not be conducive to
collocation by another company. Both the nature of the monopole and height they have
to locate probably wouldn't make it a very good location for them. But again it is fine for
emergency services.
Crookston: What my concern is that they try to my knowledge try to locate telephone lines,
I can't think of the other lines but they try and put those underground as much as they can.
These I assume are things that cannot operate underground.
Wiltsee: It is not the nature of the beast.
Crookston: But I also see them as, on the old telephone poles there were lines
everywhere. And I foresee at some time the same thing happening to them a community
saying we don't want that.
Wiltsee: That is happening in some places, unfortunately because the infrastructure is
going to go in. If it is a bad idea on its own merits that is one thing, but just a straight ban
really doesn't make sense. There are other ways to approach the problem, I know my firm
strongly advocates a planned approach in the part of local government. Not just to react
but to have a plan even to the point of identifying public properties that might be available
and then leasing those and knowing what the conditions might be in advance of leasing
those to industry. It works real well and we even (inaudible) I didn't mean to sound
alarmed when I said that there will be more (inaudible) such as telephone poles or power
poles, nowhere near that kind of thing in number. There will be more companies coming
in the northwest. It has been our experience as a company that public sites made
available (inaudible) because they can go in and (inaudible) where they might locate and
not have to shoot in the dark.
Crookston: Are you aware of any governmental entity, a City or County that has an
ordinance in effect that says, gives you some site selection requirements, let's say how far
it has to be from pole to pole or anything like that?
Wiltsee: I am not, nor do I think that would be a particularly good idea to try and dictate
that kind of rather technical consideration. We don't want to put up more than we have to.
They are pretty expensive to put up and maintain. We want to get the biggest coverage
possible from each one that is put up. The higher they are the better within reason. I do
think that the idea of making public land available to have a strong policy that encourage
collocation for possible and to expect a good faith effort on the part of the industry to try
to collocate and maybe try to pony up some (inaudible) is quite logical. Huntsville,
Alabama stands out in my mind as having an excellent program. We are, my firm is trying
to set up, we are a subcontractor to Western PCS and we are working with a number of
counties in Central California and the foot hills near Sacramento to both identify sites that
Meridian Planning & Zoning Commission
November 12, 1996
Page 27
are logical, to work with the local government, way before the firms come in to identify what
the constraints of those site might be. ff structures were to go there, what conditions would
logically be placed to (inaudible) any problems on those sites. There are some fairly large
counties geographically and we have identified in each in the range of 35 to 50 sites that
look like they make sense. So I think that kind of program is probably the best, the best
idea. You start dictating collocation or some things that would affect the technological or
the spacing considerations it really sort of messes things up. Unless it is right on target
for a particular firm.
Crookston: I do know that there are people that do not desire them to be in residential
areas. We have poles that are substantially higher than the one you are talking about.
They have the flashing lights on them, the red lights and people don't want to see more of
that.
Wilstee: I don't blame them, we do our level best to try to locate in areas that are
appropriately zoned and made it a practice never to go for a rezoning for this purpose to
stay out of residential areas wherever possible. It is not always possible but believe me
we try.
Oslund: I think looking at your application it looks like you have done a good job at finding
a site. Judging by these photos it appears to be as good a site as you can get. It is pretty
ugly every direction but that doesn't mean that the next one your competitor comes in three
months from now and wants to put in, I am sure that it is going to happen because
everyone has gotten used to this cellular phone and portable communication devices. I
am glad you brought up that idea about management, I think that the City needs to be
thinking about this and planning for it because it is going to come. This is the second one
that we have seen in the last 6 months, the other one withdrew the application. I think we
are going to see more of it and I don't think we should dictate, but if we could somehow
encourage that collocating of facilities I think that makes a lot of sense.
Wiltsee: It does make sense and another aspect of it I think you might consider in a
comprehensive program it have been my observation working in this industry with these
kind of facilities that even though height makes people's hair stand on end at first and they
start taking about the height of the thing. Height really doesn't make that much difference,
it is all a matter of perspective. If you are driving down Overland near Albertson's in Boise
you have those 55 foot great big steel power poles right next to you as you drive along and
there is one every 150 or so feet. It is a much more compelling thing than having some
thing like this 2 blocks away, it maybe a little bit taller but you don't even see it through roof
tops and trees and so on because of the particular perspective you might have. Where I
think the attention probably should be paid is to the ground level facilities and properly
landscaping as you see fit or fencing or other kinds of treatment that (inaudible) at eye
Meridian Planning & Zoning Commission
November 12, 1996
Page 28
level on the ground where you can really see it.
Johnson: Thank you for your philosophy (inaudible). Thank you very much this is a public
hearing, is there anyone else that would like to come before the Commission on this
application? Any other questions?
Borup: Yes Mr. Chairman, were you the same applicant that was previously looking at the
Overland site?
Wiltsee: We did have a site on the other side of the freeway that we were contemplating
and we pulled our application at that time.
Borup: That was up on Overland on the other side of the freeway.
Wiltsee: It was on the other side (inaudible)
Borup: 1 thought it was the same name and I think this is a less intrusive site than that
probably (inaudible) Is there a building planned at this point, that looks like that is
something in the future.
Wiltsee: There is a future shelter provided for in there. We don't put the shelter on there
unless there is a heating problem, unless it gets overly heated (inaudible) put the shelter
on specifically to air condition it. Cold air doesn't make any difference, rain doesn't make
any difference. But if that site gets real hot we have to air condition and we have to
(inaudible). I would expect at that time that we if it were your wish if you wanted to
condition it and come back and submit any plans to you once again about the nature of
that (End of Tape)
Borup: (Inaudible) this is a pretty desolate place right now, it looks like whatever you do
is going to be way bads all by itself away from everything. That is all I had. Landscaping
would be nice (inaudible)
Johnson: I think we can handle the conditions here by just asking you if you have read
those and you have any problems with any of those suggestions from staff? I am referring
specifically to that November 8 letter.
Wilttee: t have one question and that is on number 3, I am not exactly sure what it means.
It says dedication by property owner of any required right of way on Bower Street should
take place prior to obtaining a building permit. I don't know if that means, I don't know
what the City wants there. Both the land owner and we would be more than happy to
cooperate but we ware not exactly sure what it means.
Meridian Planning & Zoning Commission
November 12, 1996
Page 29
Johnson: Well I think they are talking about access to it for maintenance and that sort of
thing if a right of way is required. I think that is what they are referring to.
Wiltsee: 1 see, I thought it was an encroachment permit.
Johnson: Is that the way you read that Mr. Smith?
Smith: Yes sir.
Borup: Mr. Chairman, I did have another question, how often would people be at this site,
is it a daily thing for maintenance?
Wiltsee: once a month unless something goes badly wrong. A technician just goes and
calibrates things.
Borup: Mr. Chairman, then, I guess I am wondering why is paving necessary for something
that is not going to have continual use?
Johnson: I think the paving is a requirement of our ordinance as I understand it, is that
right Mr. Crookston?
Crookston: It is.
Johnson: Because a building permit is required.
Wiltsee: May I ask, is there a particular standard for the paving, it is not going to be a real
street it would just be access from Bower back to the site which would be very infrequently
visited. It would be our thinking to say if we could make it 8 feet or something like that, not
a real first class 21 foot road going back there because that would be real unnecessary.
Johnson: That makes sense.
Crookston: I am not sure.
Johnson: It makes sense and he is not sure so that probably means they have to make
it a full street.
(Inaudible)
Johnson: Mr. Smith has a comment.
Meridian Planning & Zoning Commission
November 12, 1996
Page 30
Smith: Mr. Chairman, typically on a single lane access on like that 12 foot of pavement is
adequate for it.
Johnson: Is that what we use for our well sites and that sort of thing?
Smith: Right, 11 to 12 foot is a typical traffic lane.
Johnson: So four feet more, 50°~ increase. Mr. Oslund had a question that might lead into
two more things.
Oslund: I just was wondering, your service area is Ada County for instance, how many of
these poles do you need to serve all of Ada County?
Wiltsee: Ada County, including the cities?
Oslund: I don't know what your service area is but I am assuming {inaudible).
Wiltsee: The service area is vast and (inaudible) but in this portion in this area to serve
Ada County and all of the cities in Ada County we are going to need about 25 maybe
something like that.
Oslund: That is a lot of poles.
Johnson: It is also a lot of poles.
Oslund: Yes but you take 25 poles and you have 5 competitors, you have (inaudible)
Wiltsee: Well some are already built, ATBT, US West and Boise Telephone already built
their systems pretty much. Sprint hasn't come in to exercise their license yet.
Johnson: Besides you have the opportunity to tum those down. (Inaudible) Anything else?
Wiltsee: The one last one the number 4 that has to do with underground sprinkling system
and minimum of 1 three inch caliper tree per 1500 square foot asphalt. We are not at all
adverse to landscaping, in fact we would be more than happy to do so. We think that one
poor little tree sitting out there would look real strange and it might not be a happy tree.
So if we could have the latitude perhaps to work on a landscape plan. We are working on
one now in Eagle that involves pyracanthra, planted along the base of the fence, it is nice.
Evergreen and red berries in the fall and it can be trained to climb the fence and kept trim.
So we have arranged with a land owner that they would be happy to water it if we had to
put in a sprinkler system we could tap into their. But if we made arrangements to water
i •
Meridian Planning & Zoning Commission
November 12, 1996
Page 31
some plants like that and space them at appropriate intervals I think it would grow real
nicely.
Johnson: That makes sense, and it is probably something that you can work out with staff.
Anything else? That is it, I will close the public hearing.
Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and
conclusions of law on this project.
MacCoy: Second
Johnson: Motion and a second to have the City Attorney prepare findings of fact and
conclusions of law, all those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: I see Mr. Butterfield sitting there, did we act on number 8? We approved the
findings of fact and it will go onto City Council for their next meeting. Do you have a copy
of those, now that we have approved them you can have a copy if you don't already. You
are welcome to mine, I could give you mine right now if you would like.
ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
THE LAKE AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT:
Johnson: I will now open the public hearing and ask Steiner Development or their
representative to address the Commission.
Steve Bradbury, 300 N. 6th Street, Boise, was sworn by the City Attorney.
Bradbury: Mr. Chairman, members of the Commission my name is Steve Bradbury and
I have been asked to present the application that is before you on behalf of Steiner
Development. This is a project that you folks have seen before, at least parts of it. It might
help to go through a little bit of background to try to get you up to speed and help Mr.
Borup who I don't think has seen the project before. What you have before you is an
application for a preliminary plat and a conditional use permit for a planned development.
This particular phase of the development is for a 60 unit senior living project. What I might
suggest you do, you all have a booklet that looks something like this. I will be going
through the booklet and will be referring to various tabs throughout the booklet. What you
might do right now, you might want to get behind tap 3 and pull out one of these
preliminary plats because it will help to show you what we have in mind. There are actually
two of them behind tab three, the first one of these pull out maps just shows the lot lines
Meridian Planning & Zoning Commission
November 12, 1996
Page 32
and the preliminary plat. The second preliminary plat and the second pull out also shows
the proposed foot prints for the buildings that would be placed on those lots. So you pull
those out now it might be a little bit easier for you to refer to things as we go along. As you
probably know this is the last of a multipart development project on a 40 acre parcel of
property on Ten Mile Road that has been owned by Mr. Teter, Bill Teter who is here
tonight with us. Probably the easiest thing to do, but this one might be good too, I will pass
those out. Those are just smaller versions of, maybe it will be a little easier for you to get
a look at it. ff you get, I keep telling you to pull out maps and look at things, behind tab 1
there is a map that looks like this. Maybe we can start there. The pull out map, the
colored map that you have got kind of helps you to get a feel for what it is that has gone
on before, behind tab 1, multi-colored, to give you an idea of what has gone on before.
You folks first saw this project in January of 1995. At that time there was a proposed
preliminary plat for the entire 40 acre parcel. That parcel was divided up into what I would
call 4 distinct areas. Those four areas would be an R-4 zoned area for single family
detached residential dwellings. That is shown in the pink or red on this map that you have
pulled out there. The blue part which was incorporated into that same application was an
R-8 single family detached residential development. That was previously approved and a
matter of a fact there is a final plat for that along with the pink R-4 area. That has already
been through the City process. In the lower right hand comer, the yellow portion that was
a proposed senior living area as well and that had a number of single family detached
building lots for single family detached dwellings as well together with a club house. That
was approved for preliminary plat I guess it was in January of 1996, earlier this year. What
is left then is the orange portion which is in the upper right hand comer of the map and that
is about a little under 7 acre parcel that was originally proposed for some kind of town
house or condominium project development. That has an R-15 zone. By the way the yellow
portion is also an R-15 zone. So what we are here to talk about tonight after all of that is
the proposal of what we are going to put on that orange portion. You will probably recall
that the project as originally proposed the concept was for the development to provide a
variety of housing choices in a planned area. So we can get one area with a multiple
choices in living environments. We have the single family, the traditional detached single
family dwellings on 8,000 square foot lots in the R-4 area. Similar homes on smaller lots
in the R-8 area and then we have the single family detached senior citizens area in the R-
15and the yellow area on the map and now of course we are proposing a similar type of
living area in the orange portion. Only what we are trying to accomplish there is to find a
little bit more moderately priced facility for people who might not be able to afford to get
into the little bit nicer project that has already been approved. What is proposed here is
mostly two unit, zero lot line developments, some people might call them duplexes but that
is not really technically right. They are zero lot line, they are single story town houses
although people get confused when you say that too. Basically is it two unit zero lot line
dwellings most of them. There are also two proposed three unit zero lot line buildings and
then 3 four unit zero lot Tine buildings. ff you look on the foot prints that you have got there
Meridian Planning & Zoning Commission
November 12, 1996
Page 33
(inaudible). Now, back to the book, behind tab one, about two pages in you will find the
page that talks about the, it gives you some basic information about the project. The parcel
size is about 6 and 2/3 acres. When the project was originally proposed, when you
originally saw it we were talking about 7 1/2 acres in this parcel. The staff in the staff report
pointed out and questioned what happened to that additional half 2/3 of an acre. It took
us a little while to figure it out too, and we think we have. We didn't give any of that ground
away. I think what happened, I have it up here, what we think happened here is during the
platting process because we have had several plats. We had a plat for the R-4 area and
then another plat for the R-15 area down here and then a third plat for this R-15 area that
is under consideration. What happened we think is that during the platting process for this
parcel, this area that is in yellow here which is the sewer easement up to the north the 20
foot landscape easement, landscape buffer along Ten Mile Road and then the landscaping
along the entry road didn't get included in the calculation for the total acreage in this
phase. What happened is those portions all got included in the total acreage in the
previously approved phase. So the ground is all there it is just that it didn't get included
in that calculation. So you can see you add all that additional ground up 1 am fairly
confident that we are at 2!3 of an acre and probably just a little more than that. So the
project still has the same amount of dirt under it, it is just that it got allocated into, it got
perhaps platted in the wrong spot, but it is all still there.
(Inaudible)
Bradbury: I can explain some of the reason why that ground got in the previous plats and
that was because when the final plat was submitted for number 5 which is the R-4 area the
City imposed a requirement that we provide a 20 foot buffer along Ten Mile at that point
in time. Of course it was originally contemplated that 20 foot buffer would be included in
the plat for number 7. Like I say, the dirt is there the 20 foot buffer is going to be there it
is just didn't get calculated into the square footage of the plat that you have before you. If
it creates a problem, we can untangle it. I am hoping that we won't let these little
technicalities bother us. The density is about 9 units per acre and that is of course
substantially less then the 15 units per acre maximum allowable under an R-15 zone. It
is probably, I might as well point out to you, that there are two units more being proposed
tonight then were proposed originally for this piece of ground. There are 60, originally
when you first saw this project two years ago we were talking about having 58 units. The
net density however in all the R-15 zone is a minus 9 because there were 11 fewer units
finally approved in the other project, in the other R-15 senior project. So there is plus 2
here, minus 11 there, that leaves a negative 9 total. So overall density we are under what
was originally suggested as what (inaudible). And I think you have to realize of course at
that time it was nothing more than just target and that is what we were aiming for. The
home sizes we are proposing, they will be 1160 square foot minimum. I spent a little bit if
time looking in the ordinance for requirements for minimum square footage of homes like
Meridian Planning & Zoning Commission
November 12, 1996
Page 34
this, two unit and 3 unit homes. The only thing that I could find was the requirement that
these things meet a minimum 800 square foot which is found if you are interested at
section 2-411 I. Maybe I missed but I couldn't find anything else. The reason I raise the
issue at all is because the staff report suggests that perhaps the minimum square footage
on these dwellings ought to be 1300 square feet as well. Whether or not I guess that is
a good idea something for you folks to ponder. The 1160 square feet which are proposed
here meets the requirements of your ordinance by quite a little bit. The setbacks, you can
see the setbacks that are shown on this page here, front 18 feet, side 5 feet, rear 15 feet.
What you don't see is street side yard setbacks we are proposing 15 feet. Now that is less
than is required under the typical R-15 zone. Of course since this is a planned
development we are asking that the Commission consider allowing some relief from a
number of standard requirements in this zone and the setbacks would be one of them.
What we would like to ask for is the front yard setback be reduced from 20 feet to 18 feet,
and that the street side yard setback be reduced from 20 feet to 15 feet. Let me point out
something in the application materials that you have got, there are a couple of references
to seeking a 10 foot street side yard setback. That is wrong, it is 15, we did a little bit of
calculating and we can get it done in 15. What I would like to remind you of for those of
you that might not remember is this is consistent with what was proposed for the senior
project to the south that has previously been approved over there was the same thing.
Eighteen foot side front yard and 15 foot street side yard. So we are asking for the same
consideration on this as was provided on the other project. I have already said it once, I
will say it again, the project contemplates that all of dwellings will be single story at one
time when it was originally brought to you and there was some concept drawing shown.
We thought that we might want to have two story town houses there. Those have been
eliminated for a couple of reasons. First of all we were committed to the idea that it was
going to be a senior living area and we are thinking that most seniors don't want to be
walking up and down stairs, so we will try to keep them all down on one level. Second we
wanted to have a lower profile near the entry to the project (inaudible) we would like to
keep the buildings down a little bit lower profile there at that front entry. I think that will
help the aesthetics a little bit in the entry area. Third frankly similar units over in
subdivision No. 3 I think it is have been very successful and we think there is a market for
them. Parking requirements, each of the units would have a two car garage, and in
addition there is a driveway for each of the units which will hold two cars. So we have that
off street parking. In addition there is proposed off street parking in a ceuple of areas that
are shown on the plat. The plat shows a total of 16 I think off street parking places. This
isn't showing (inaudible) there were four spaces shown on the plat, off street parking
places on the plat here, the fire department has suggested that those are likely to intertere
with the driveway. We figure they may so we are figuring that those will probably be
eliminated. We will end up with a total of (inaudible) 12 and if we need to make some
adjustments on those we certainly can. One other issue with respect to off street parking
is that your ordinance requires that off street parking be set back four feet from the right
Meridian Planning & Zoning Commission
November 12, 1996
Page 35
of way. We are proposing that the City give relief, waive that requirement the four foot
setback. As they are shown we are showing the parking areas to be directed accessed
from the street. That too is consistent with the approval that was given on subdivision No.
6 the other senior citizen area. Streets, we are proposing private street, with forty foot total
right of way, 28 feet of pavement, 2 feet of curb and gutter on each side, a 4 foot sidewalk
on one side. Our proposal is to permit parking only on one side of the street and we will
work out with the fire department on which side they like best or least or however they want
to look at it. The streets will be built to the construction standards of Ada County Highway
District. All of that is consistent again with the approval that was given for subdivision no.
6. Street frontages that you will see on your plat the standard R-15 street frontage
requirements are that each lot have 50 feet of frontage along the street. It won't take me
very long to recognize on the plat that we are proposing a whole bunch of lots that have
33 feet of frontage. What we would like to suggest to you is that again under the planned
development requirements the 50 foot street frontage requirements be waived and maybe
what may make some sense to you is that since we are proposing two unit one building
consisting of two units and those two units will be built on two lots, zero lot line in the
middle that what you really have is 66 feet of frontage for each building. Perhaps if you
look at it that way it won't feel quite like we are trying to squeeze so much in as asking for
33 foot frontages. Although the lots themselves are technically 33 feet. Each building really
has 66 feet of frontage on the street. So if you add all those together I think we get there.
There are also some frontages, some flag lots around the corners where the frontages
don't add up to 50 of course. But generally we have been able to get past those
requirements as well and would like to ask you to do that for us as well. Okay, the next
page in your booklet is a list of amenities on the project. I don't know if I need to go
through them all but there is a proposed gated security entrance to provide added
measure of security to the people who live there. There is a privacy wall that will surround
the entire project. Just so that you can remember, we talked about this a couple of years
ago. We were talking about this masonry wall that goes all the way around the project up
and down Ten Mile and then extends into the subdivision and beyond. So this project on
those two sides the main thoroughfare (inaudible) will have this really nice masonry wall
and then comply with the fencing requirements. Of course you know about the 20 foot
landscape buffer along Ten Mile Road. There is a bus stop proposed in there open space.
We have a proposal for an open space that I think consisted of about 18,000 square feet.
An open space recreation area. It serves a duel purpose of being a storm drainage area
and I know that sounds a little funny. Maybe I can help show you what I am talking about
is this area right in here. Of course we have also got the open space that (inaudible) That
recreation area and drainage area has been we thought about it quite a little bit and talked
to the engineers about whether or not it makes sense that you can have a drainage area
and a recreation area all in the same spot. Apparently it really does work. Our
consultations with the engineer tell us that this area is going to be dry most of the year and
it is really only wet when it rains. Of course in an outdoor recreation there probably aren't
Meridian Planning & Zoning Commission
November 12, 1996
Page 36
too many people who are going to be using it when it is wet, when it is raining. As we
understand it, a typical storm that we have here, will put about 2 feet of water into this
drainage area. Within 48 hours that 2 feet of water drains away. If we have a 100 year
storm the storm that theoretically happens every 100 years we might have 4 1/2 feet of
water in that thing and of course it is going to take a little longer for that to drain away.
Generally speaking most of the time, most of the year certainly most of the time of the
year where people want to be outdoor using the facility that ground is going to be dry. So
the proposal is to make some use of that ground by landscaping it around the perimeter,
putting in a gazebo up front, I have a picture of that so you can get an idea of what we are
talking about. ff you are looking at it from the street toward this spot right here (inaudible)
a gazebo and a deck. There will be picnic tables and benches throughout the area along
with like I said some landscaping facilities. Now we really want to make this into a
recreation facility that can be used. I know it is a challenge. That is what we are working
on and hoping that we can find some good solid uses for this area. And certainly willing
to take any suggestions that you might have as to what other facilities we might put in
there. But like we say we are thinking of picnic areas and benches and tables with the
gazebo. Perhaps even a barbecue pit or something like that. The 10% requirement of
open space by a fairly wide margin. We roughly calculated when we were sitting down,
there are well over 30,000 square feet of open space there. So I think that issue is fairly
well dealt with. Behind tab 2 in the booklet in the application materials, I don't think we
need to go through any of those unless anyone has a particular question about anything
they saw in there. Behind tab 3 I already told you has the plats and the proposed building
footprint layouts. We can talk about those if anybody has any specific questions. Behind
tab 4 in the booklet you will find a typical floor plan for the proposed units. Typical
elevation drawing of the proposed units and a typical site plan for the proposed units
showing you the dimensions and how they fit onto the lots. Two bedroom, Two bath, Two
car garage, fairly standard units.. Behind tab you will find the proposed construction
materials that we are talking about using in the project. And of course we have materials
dealing with the roof, the architectural shingles. We have an exterior color chart we can
show you the kind of siding and stucco that is intended to be used. And the brick accent
is shown back there as well. So I think that pretty well covers all the basic amenities and
features in the project. We received a staff report this morning and went through it in some
detail. I think it is probably worth going through again right now. Because there are a
couple of issues that we probably ought to talk about. Let me get some of this other paper
out of my way. First of all the geheral comments we are all perfectly okay with all of those
except for just one I think and that would be number 8. The last sentence of number 8
indicates that the off street parking areas are not supposed to be within four feet of an
established right of way and we are seeking relief from that 4 foot setback provision. Other
than that all of the general requirements are acceptable to the applicant. The site specific
comments, number 1 pressurized irrigation. We proposed pressurized irrigation, it will be
included in the same system that is proposed for the Lake at Cherry Lane no. 3, 4,5 and
Meridian Planning & Zoning Commission
November 12, 1996
Page 37
6. Nampa Meridian Irrigation District has already approved the system for number 3, it has
been oversized to accommodate the entire project. It is a shared system with Englewood
Subdivision and Firelight. So that is certainly we are aware of and the intention is to build
it to Nampa Meridian irrigation District specifications. Number 2, the street lights you bet,
what we would like to do and keeping with the rest of the project is probably install some
more decorative lighting as opposed to the standard poles and we will work with the staff
to come up with the materials that are satisfactory. Number 3 is dealing with the width of
the roadways, as I said the roadways that we are proposing here are the same as were
proposed for number 6. We agree that there shouldn't be parking on both sides of the
street so we will restrict parking to one side of the street and we will work with the fire
department to get the details of how they would like us to handle that one. Number 4,
dealing with the treatment capacity of the waste water treatment plant. Yes we understand
the application is subject to the capacity. Number 5, that one has to do with the density
issues and the number of units and I have already spoken to you about that. Hopefully I
haven't completely confused you about where we are. Number 6, dealing with the amount
of open space, the 10% open space, we have talked about that a little bit. One of the
things that I didn't mention is that number six suggested the slopes in this retention facility
are 3 to 1, that is right except at the entry where people would be coming and going. That
will be a 4 to 1 slope there to make it a little bit easier to get in and out. Of course if we can
figure out a way to install ramps and steps and things like that it would make acxicess even
easier I think that we would be able to do that. Number 7 is talking about sidewalk, in the
other senior project in Number 6 we had a sidewalk on one side of the street. We are
proposing, we are asking that the Commission allow to do the same thing on this project.
What we are trying to avoid is having a whole lot of hard surface and create a little bit
more soft surface. One of the things that might be worth noting is that since the idea is to
provide a senior living area, I know these people walk, so I don't want to suggest that we
don't need sidewalks. But I don't think you are likely to see as much traffic in and out of
this area. We are talking 60 units, people are probably going to be staying home they are
not going to be children. Theoretically if the project is developed as proposed there wont'
be any children running around and playing in there except those that are coming to visit.
So we are thinking the requirement for sidewalks on both sides of the street really might
not be necessary. Number 8 addresses
MacCoy: (Inaudible) the width (inaudible)
Bradbury: The proposal is for a four foot sidewalk and I know that staff is suggesting 5,
we would like to stay at 4 in order to help reduce some of the hard surface area that would
be there. I suspect that if it is a do or die we will go along with what the City requires.
Johnson: It is part of the ordinance, you would have to get a variance is the way I
understand it.
Meridian Planning & Zoning Commission
November 12, 1996
Page 38
Bradbury: Well I guess what I would suggest is the Commission consider reducing the
sidewalk size under the same planned development provisions that are allowed for
reducing setbacks and densities and or increase densities and those things. Like I said
the four foot sidewalk is what we would really like to do. We think it is enough. We don't
want the project to look too institutional with too much concrete and pavement every
where. And that is the thinking.
Johnson: What was the resolution on 6? Phase 6, what did we do for sidewalks there?
Bradbury: I can't remember if it is was four or five, I don't recall.
MacCoy: While you are looking I would like to put a two bits in for a five foot because you
talked about the senior citizen lifestyle and they do a lot of walking. Four foot is really too
small to allow 2 people side by side to go walking, five is more comfortable.
Bradbury: Yes I understand, and I don't know that this is do or die. We are just trying to
like I say to get to much hard surface. I can't seem to find anything that tells me here, wait
a minute. Well the section, the street section that I am showing on the preliminary plat for
number 6 shows a four foot sidewalk. I can't remember for sure what was specifically
approved other than looking at that.
Oslund: Are the mail boxes on the sidewalk?
Bradbury: I would imagine although I don't know. I guess that is probably what the post
office requires these days isn't it.
MacCoy: (Inaudible)
Bradbury: Maybe what we could do is to provide some additional meandering around it
to keep a little bit of extra space there. I guess what I would like to suggest is a (inaudible)
probably not be a deal killer and although that is what we would certainly prefer if it is
going to cause the Commission a great deal of heartache then I think maybe we ought to
just move on. Number 8 is an issue addressing the requirements of the fair housing act.
The proposal is to have this be a seniors 55 and older project. We are fully aware of the
requirements of the fair housing act and intend to comply with them. If we can't comply
with them we won't build it, but I don't think we are going to have any trouble with that.
Number 9, this one is kind of an issue that I have to say I can certainly emphasize with
staffs problems. It has been kind of a difficult project and a little bit confusing because of
the manner in which it was proposed. That is that we have got a preliminary plat for 40
acre parcel that includes two big lots in it and now we are coming, we have been back in
and asked for preliminary plat approval for a resubdivision of one of those big lots. That
Meridian Planning & Zoning Commission
November 12, 1996
Page 39
was in January, now we are bade in asking for a resubdivision of another one of those big
lots and that is number 7 the one you have before you now. I can see that it might be a
little difficult for people to keep it all straight. What are we talking about no. 6 or number
7, number 3 who knows. We are certainly willing to work with staff to try and make it as
easy as we can make it on staff so that the confusion is minimized. We certainly
understand that you have to build these things in some reasonable order. We understand
that plats have to be recorded numerically and we are willing to record the plats
numerically. What we are really hoping that we can avoid however is to be placed into a
lock step requirement of you have to build one before you start on the next. We might
want to build them all together. We might want to start one and jump over and start on
another depending on what the marketing demand is. Recognizing that the plats have to
be filed as they go along. As much as I can emphasize with staffs concerns I certainly
hope the commission will permit some measure of flexibility and not impose a lock step
build one before you can start on the next one type of condition on this project. It just takes
the flexibility away and we just know that we would like to build them in exactly the order
that they have been proposed to you. We know that marketing changes that the desires
of the people, that is what drives, that is what sells,
Johnson: Rather than be general can you be specific as to why you haven't built these
other four?
Bradbury: I can be specific on, let's go back through it, number 3 is built and is for sale.
Number 4 has a final plat approved and we have gotten caught up in a sewer easement
glitch. We had negotiated easements from the entity that had acquired an option on the
property adjacent to it. That option expired and now we are attempting to acquire those
necessary easements from the owner of the property. Those easements have been in the
hands of the individual who optioned the property for months and months and we have just
gotten caught in that glitch. So that is what has held up number 4. Number 5, you have
final plat approval, that has been given but unfortunately as I understand it the plans for
that one are being held pending resolution of the sewer issues on number 4. You have to
remember these things aren't even adjacent to each other. They are remote from each
other. So number 5 the circulation of final documents and final plans are being held while
we try to get the number 4 worked out. Hopefully we will be able to find a solution to that
one real soon. Number 6 of course we just got preliminary plat approval, the final
approvals, working on the final construction plans and Doug what did you tell me
(inaudible). The construction plans for number 6 are in works and we intend to submit
those next week. C+f course that brings us now to number 7. So although again I sound
like I am repeating myself and I probably am. Although from the outside it may appear we
are not making any progress, I think we are. There is a lot of work in progress on each and
every one of these phases. You got to know that the owner of this thing doesn't want to
sit on this land and not be able to market these lots for no good reason. I think you all have
Meridian Planning & Zoning Commission
November 12, 1996
Page 40
to understand if we can get all of the little glitches straightened out and get the things built
and start selling them nobody is going to be any happier than the people who own this
thing.
Johnson: I think we understand that as long as you understand what the City ordinance
is on development time requirements.
Bradbury: I certainly do, you bet, and we will do everything we can to meet all of those
requirements and if it looks like we are not going to make them then you will know that we
will be here explaining why. So I probably beat that one to death. Number 10, covenants,
you bet, we will show them to the City Attorney and anybody else who might be interested
in reading them. We are perfectly happy to have review of the restrictive covenants and
submit those whenever you would like to see them. Number 11 is dealing with the
minimum square footage for the homes. I already talked about that our proposal is 1160
square feet. Number 12 says all ordinances of the City of Meridian need to be met. We
understand that and have no problem with that. Of course we have asked for relieve form
certain requirements under the planned development ordinance. Number 13 is a reference
to a development agreement being required. Yes, we understand that we will provide a
development agreement for the cities reviewjust at any point in this process that you folks
feel like you need to see one. If you need it now we will give it to you know. If you would
like to see it when you see the final plat, we will give it to you when you see the final plat.
You tell us and we will build it. I think that covers everything that I intended to talk about.
One more thing, in your packet or at least in the packet that I received there is a litter from
the School District expressing some concern about the number of students that are likely
to be placed in the schools as a result of this project. I think maybe they didn't' understand
we are talking about a senior project. Theoretically there are not going to be any children
out of this project at all. If for some reason there is I doubt there will be very many.
Johnson: I think their figures represent a typical subdivision.
Bradbury: I think so too, I just wanted to point that out so that didn't get lost. That is all the
comments that 1 had prepared to make. If you have any questions for me I would be
pleased to answer them. Mr. Campbell of course is here and he can answer questions that
1 can't hopefully.
Johnson: Okay, questions from the commissioners?
Borup: Maybe more ofjust a comment, staff did have a lot of site specific items here (End
of Tape) questions and concern on. I think Mr. MacCoy mentioned that seniors do quite
a bit of walking, I think 1 have to, from what I (inaudible) four foot would be adequate. I
don't know (inaudible) the applicant will be willing to go either way. But I guess more of
Meridian Planning & Zoning Commission
November 12, 1996
Page 41
just a comment, that was the only item I think.
Johnson: Thank you, Commissioner Oslund?
Oslund: In general I can't remember staff comments come in that had as many concerns
that seemed to be so focused on the issue of are you going to deliver. This issue of when
are you going to build something. I don't work with the applicant every day and I was on
the Commission when we passed on 6. So I guess I just have concerns about that.
Obviously Shari has been working with you folks and if she has got some what appear to
be fairly serious concems I just wonder, I wish she was here tonight so she could elaborate
on these. To me the issue of trust and are you going to deliver that is key. I don't think the
City, I think the City, most people would agree we want people that are here for that can
be proud of what they have built and they will stand by it. That was the one concern. The
other more specific and technical concem I had was about that drainage basin, that
retention basin. Now you talked about landscaping the perimeter, now what about actually
down in the bottom of the basin? Let me just elaborate a little further, I am kind of
concerned if we don't irrigate that then what we have is a landscape strip about a weed
field.
Bradbury: I am glad you raise the question because I don't want you to leave with a bad
impression or an erroneous impression. The only reason I didn't talk about what is going
in the bottom is because we are not really absolutely certain yet. When we have talked
about in the past we have talked about having it planted with grass so that it can be used
kind of as walking and recreation area. There has also been some thought given to well
maybe if we can figure out a way to build it maybe we can even put a tennis court down
there. I don't know if that is feasible but that is a possibility. Maybe some other kind of
recreation use that we might be able to put down there as well. We just don't know and that
is an honest answer, we just know for sure what we want to try and put down there. It
depends on what we can feasibly build. Yes I understand I have seen some of these
drainage retention areas and some of them look pretty bad.
Oslund: That is okay if that is what it is. But you are talking about doing something that
is quite special here and
Bradbury: Exactly the applicant has seen these things too and says that is not what we
want to do. We want to make this a functional area, we want to actually be able to provide
something that number one is useful and two is attractive because we want to be able to
sell these things and keep people happy. So you are right, to the extent of hearing it from
me helps you my discussions with my client the applicant we have talked about it a lot. We
talked about it quite a bit today. I am convinced in any event that these folks have every
intention of building something there that is useful and that is attractive. I am sure that if
Meridian Planning & Zoning Commission
November 12, 1996
Page 42
you would like to hear from Mr. Campbell he would be happy to reiterate those thoughts.
As to the other, are you ever really going to build anything. (Inaudible) maybe I can help,
I don't know if this helps or not because you folks see a lot of land developers come and
go and some of them probably do a better job than others. You haven't had a whole lot
of opportunity yet to see exactly what Steiner Development can and will do. But I can tell
you this little bit. I know for a fact that these guys have got a whole lot of money already
invested in this thing. They already own a pretty good share of the dirt out there. I don't
think that these folks are going to walkaway. ff nothing else just the pure tenacity of these
folks and how many times they have been before you. I have been before you on their
behalf ought to send some message hopefully. They are not going to be spending all of
this money on me and all of this money on the engineers and all that other work if they
don't figure they are going to build something. Unfortunately we have really had a couple
of issues that have just, a couple of issues that really caused us a problem. One thing I
didn't tell you why didn't build subdivision no. 4 well we didn"t even the dirt, Steiner
Development didn't own the dirt until really just recently. That is done.
Johnson: Well I think you can understand also if you were here earlier our first four items
have been going on forever and so we are a bit gun shy. So I think that these comments
and I really appreciate these comments from staff, because they are poignant and they are
specific and they reflect past disappointments. They refer specifically to you to look at the
drainage sites and specific areas and also the situation with the lot lines and the lots out
at La Playa Subdivision. Those are the type of things that are helpful because really what
they are telling me this is recent experience that didn't' work out favorably.
Bradbury: And we need to do better.
Oslund: You have a credibility problem I think, not from me, (inaudible)
Bradbury: I guess what I would like to suggest to you along those lines that you have the
opportunity here because you have a conditional use permit in front you. You can place
reasonable conditions on the applicant's future conduct and if you have .concerns in a
particular areas well condition them. What I would like to ask you not to do and what I will
ask you not to do is to hamstring these folks so they end up getting into a lock step that
is going to make it even harder for them to actually do it. It is a two edged sword, you string
out all the conditions with the idea that by (inaudible) these guys are going to do it our way
or they are not going to do it at all and you might get your wish, they might not do it at all.
That is really what we would like to try to avoid ff at all possible. I had another thought and
I probably rambled long enough. If you have more questions.
Johnson: In your behaff, this type of development, not necessary specifically this one but
this type of development is something that Meridian has a need for. I think that is why we
i •
Meridian Planning & Zoning Commission
November 12, 1996
Page 43
are as far as we are on this sort of thing. This is an attractive concept and I am confident
that it would be a successful project if done right because the demand is certainly there
for this type of housing.
Bradbury: And it does remind me of the other comment I did want to make and it kind of
has to do, it comes off of that same thought. If there is anything quite like this in Meridian
now, I don't know where it is. It is the first time that I think that you folks have seen a
project that was constructed like this one. When I say that I am talking about the approval
process of coming in and having several different concepts proposed. It is the first time I
think that staff at least here has seen something quite like this. It has been a little tough,
it has been a little bit harder to get through the approval process. It has taken a little bit
longer than the typical 8,000 square foot residential subdivision. Nobody is more
frustrated about that then the owners are.
Shearer: Can you clarify the road right of way for me?
Bradbury: 1 will try, I am not sure I can.
Shearer: On the survey it shows 42 foot right of way and then it is dimensioned at 40 feet.
Bradbury: Are you talking about the street section, 1 noticed that too. You are right it is
labeled a 42 foot right of way but then it is dimensioned as a 40 foot. The intention is that
it is a 40 foot and I hope the numbers add up. I know we went through this once before
when they didn't but f think they do this time.
Shearer: If that sidewalk is expanded to 5 feet I would recommend that you off set that
street a little bit in there because you only have an 18 foot driveway and some of those
cars are in the neighborhood of 19 feet in an older vehicle. So you might want to cut that
3 foot down on the one side and put afoot on the other side.
Bradbury: Just move it over a little bit, I follow you.
Shearer: You might give some consideration to that.
Bradbury: As a matter of fact that is exactly what we did on the other senior project.
Although we had the 40 foot right of way, we didn't put it right in the middle, we got it and
moved it over one side or the other so it all fit better and would work for setbacks and what
not.
Shearer: You need all of that driveway, all of that overlap onto the right of way that you can
get.
Meridian Planning & Zoning Commission
November 12, 1996
Page 44
Bradbury: You bet, we will be happy to work with Mr. Smith on what works best in that
respect.
Johnson: Commissioner MacCoy?
MacCoy: You might want to clarify something here on one of your materials you have
listed is 61 units and then your drawing shows 60 units so there is a discrepancy
someplace in there. Frankly I am little concerned, in fact I am very concemed about the
structure thing. I think you need to work a little bit on that from the stand point you speak,
I know I read the same material, you have an 800 and 1100 and a 1301 type (inaudible)
you are going to need to clean up that item with our staff. I was going to bring up the same
thing that Mr. Shearer brought in here because the walkway is a concern since they are
a walking public that are going to live here I think we ought to do everything we can to
accommodate them. I think his suggestion about staggering is a good one. I was going
to do the same thing (inaudible) you are going to have to do something to support that.
Johnson: Any other questions?
Bradbury: Maybe I can respond very quickly, with respect to the number of units if there
is a 61 in there I think that is a mistake. It ought to be a 60, my understanding is the
proposal is 60 units total. We will make sure we count them and give you the right number
if we have a problem. The size of the units clearly we are intending to meet the
requirements of the ordinance. As I read the ordinance it is 800 square foot minimum and
we are sure going to beat that by a fair amount. And then the sidewalk we talked about
that a lot. I don't think we want that to be a deal killer.
Johnson: Thank you very much, is there anyone else that would like to come before the
Commission on this application?
Jeff Dorman, 3747 Summerset Way, was sworn by the City Attorney.
Dorman: My name is Jeff Dorman, I work for Coldwell Banker, Aspen Realty. I am the
marketing agent for Steiner Development on this particular project. I wanted to kind of set
your mind at ease as far as the dedication and the ability of this developer to go through
with the project on the previous application you had in there on the senior development.
We have pushed through and we have sold that complete development for the developer
already. The development is going through, he is planning on putting in the single family
homes on this particular development that we are doing right now. For this hearing here
we are expecting to have this contract also sold this week for a one developer to come in
and develop all of this project. So we are moving forward. We have on the other
developments where we have the single family homes we have 6 individual builders
Meridian Planning & Zoning Commission
November 12, 1996
Page 45
coming in, each of them here in the last 3 weeks have optioned 3 to 4 lots to start in the
spring time. So in keeping with the mind that we are trying to progressively seek and get
these projects sold so that we are not waiting in the wings and we are not lagging our feet
on this thing. So you know we are pushing forward as much as we can on the sales and
the marketing part of this also.
Johnson: Thank you very much, anyone else that would like to come before the
Commission? Hearing and seeing no one I will close the public hearing at this time. We
are addressing item 13 only which is the conditional use permit.
Shearer: Mr. Chairman, I move that we have the attorney prepare findings of fact and
conclusions of law for this project.
Oslund: Second
Johnson: We have a motion and a second to have the City Attorney prepare findings of
fact and conclusions of law, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #14: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR THE LAKE
AT CHERRY LANE NO. 7 BY STEINER DEVELOPMENT:
Johnson: I will now open the public hearing.
Steve Bradbury, 300 N. 6th Street, Boise, was sworn by the City Attorney.
Bradbury: We have talked about all of the issues that I have to talk about with respect to
the preliminary plat in the previous hearing. I would simply ask that all of my comments
and discussion that we engaged in with connection to comments be included in the record
for this hearing and then I won't have to repeat it all.
Johnson: Thank you, this is a public hearing, is there anyone that would like to come
forward on the preliminary plat portion? Any further questions from staff? From the
Commissioners? I will close the public hearing at this time.
Oslund: Mr. Chairman, I move that we table this item pending the, until the next meeting
when we will get the findings back on the conditional use permit.
MacCoy: Second
Meridian Planning & Zoning Commission
November 12, 1996
Page 46
Johnson: Moved and seconded that we table the preliminary plat request until the next
meeting when findings of fact are prepared for our review, all those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: Any further motions?
Shearer: I move we adjourn.
MacCoy: Second
Johnson: Moved and seconded we adjourn the meeting, all those in favor? Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 9:44 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
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BEFORE THE MERIDIAN PLANNING AND ZONING COMNI$SION
CHERRY PLAZA ASSOCIATES. LLC
ANNE%ATION AND ZONING
NORTREAST CORNER OF FAIRVIEW AND NORTH MERIDIAN ROAD
MERIDIAN. IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
September 16, 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 was continued to October 8, 1996, and the Planning and Zoning
Commission having heard and taken oral and written testimony and
the Applicant, Christopher J. Beeson, appearing in person, on
October 8, 1996, 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 annexation and
zoning was published for two (2) consecutive weeks prior to the
said public hearing scheduled for September 16, 1996 and continued
to October 8, 1996, the first publication of which was fifteen (15)
days prior to said hearing; that the matter was duly considered at
the September 16, 1996, hearing and continued to October B, 1996;
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/CHERRY PLAZA Page 1
~ i
2. That this property is located within the City of Meridian
and the titled owner is Cherry Plaza Associates, LLC, which has
consented to the annexation and zoning of the property; the
property is described in the application which description is
incorporated herein; that the property is approximately 3.5 acres,
and except for a small paved area, the site is currently
undeveloped and presently zoned RT (Ada County - Rural Transition).
3. The proposed site is located south of LaPlaya
Subdivision, which is in an R-8 zoning district, and north of
Cherry Plaza and the U. S. Bank parcel; that the Applicant requests
that the proposed site be annexed into the City and zoned Community
Business District (C-C), and the application is not at the request
of the City of Meridian; that the zoning is consistent with the
adjacent Cherry Plaza property and the frontage property on Cherry
Lane, which it borders; that at present time, no specific plane to
develop the site have been prepared.
4. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian;
that the parcel of ground requested to be annexed is presently
included within the Meridian Urban Service Planning Area (U.S.P.A.)
as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
6. That the following pertinent statements are made in the
Meridian Comprehensive Plan:
A. Under ECONOMIC DEVELOPMENT, Economic Development Goal
Statement
1.3 The character, site improvements and type of new
FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 2
commercial or industrial developments should be
harmonized with the natural environment and respect
the unique needs and features of each area.
1.6 It is the policy of the City of Meridian to support
shopping facilities which are effectively
integrated into new or existing residential areas,
and plan for new shopping centers as growth and
development warrant.
B. Under LAND USE
5. MIXED-PLANNED USE DEVELOPMENT, Page 27
Mixed-use Area at Locust Grove Road and Fairview Avenue
Plus Area North of Fairview Avenue.
These areas are within Ada County, but nearly surrounded
by the City of Meridian. The area is characterized by
large rural lots, and a sparse development pattern. In
order to stimulate planned development in these areas,
the following policies apply:
a. 5.16U All development requests will be subject
to development review and conditional use permit
processing to ensure neighborhood compatibility.
b. 5.170 A variety of coordinated, planned and
compatible land uses are desirable for this area,
including low-to-high density residential, office,
light industrial and commercial land uses.
c. 5.18U Existing residential properties will be
protected from incompatible land use development in
this area. Screening and buffers will be
incorporated into all development requests in this
area.
C. Under COMMUNITY DESIGN, at Page 72
1. Entryway Corridors
4. Fairview Avenue (East entrance).
2. Entrance Corridors Goal Statement - Promote,
encourage, develop and maintain aesthetically
pleasing approaches to the City of Meridian.
3. Entrance Corridors Goal Statement
Policies, Page 71
FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 3
a. 4.3U Use the Comprehensive Plan, subdivision
regulations, and zoning to discourage strip
development and encourage clustered,
landscaped business development on entrance
corridors.
b. 4.4U Encourage 35-foot landscaped setbacks
for new development on entrance corridors.
The City shall require, as a condition of
development approval, landscaping along all
entrance corridors.
4. Neighborhood Identify Goal Policies, Page 72
a. 6.4U Limit the conversion of predominantly
residential neighborhoods to nonresidential
uses, and require effective buffers and
mitigation measures through conditional use
permits when appropriate nonresidential uses
are proposed.
7. That Section 6.3, of the LAND USE section of the
Comprehensive Plan, states that land in agricultural activity
should so remain in agricultural activity until urban services
(municipal sewer and water facilities) can be provided.
8. That Section 6.3, of the LAND USE section of the
Comprehensive Plan, states as follows:
"Existing rural residential land uses and farms/ranches shall
be buffered from urban development expanding into rural areas
by innovative land use planning techniques."
9. That the property could be physically serviced with City
water and sewer.
10. That the C-C District is described in the Zoning
Ordinance, 11-2-408 B. 9. as follows:
(C-C1 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW/CNERRY PLAZA Page 4
~i
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.
11. That the property has access to Fairview Avenue which is
a major arterial.
12. That Section 11-9-605 C states as follows:
"Right-of-way for pedestrian walkways in the middle of long
blocks may be required where necessary to obtain convenient
pedestrian circulation to schools, parks or shopping areas;
the pedestrian easement shall be at least ten feet (10')
wide."
13. That Section 11-9-605 G 1. states as follows:
"Planting strips shall be required to be placed next to
incompatible features such as highways, railroads, commercial
or industrial uses to screen the view from residential
properties. Such screening shall be a minimum of twenty feet
(20') wide, and shall not be a part of the normal street right
of way or utility easement."
14. That Section 11-9-605 H 2. states as follows:
"Existing natural features which add value to residential
development and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar
irreplaceable amenities) shall be preserved in the design of
the subdivision;"
15. That Section 11-9-605 L states as follows:
"Bicycle and pedestrian pathways shall be encouraged within
new developments as part of the public right of way or as
separate easements so that an alternate transportation system
(which is distinct and separate from the automobile) can be
provided throughout the City Urban Service Planning Area. The
Commission and Council shall consider the Bicvcle-Pedestrian
Design Manual for Ada County (as prepared by Ada County
Highway District) when reviewing bicycle and pedestrian
pathway provisions within developments."
16. That the Planning & Zoning Administrator, Shari Stiles,
FINDINGS OF FACT AND CONCLUSIONS OF LAW/CNSRRY PLAZA Page 5
and the Assistant to the City Engineer, Bruce Freckleton, submitted
comments and they are as follows:
1. The legal description submitted with this
application for annexation and zoning appears to meet all
of the criteria required by Meridian City Resolution
#158, and the Idaho State Tax Commission.
2. As a condition of annexation, all uses proposed for
the area to be annexed shall be approved under the
conditional use permit process. Particular consideration
will be necessary to buffer the adjacent residential use
(LaPlaya Manor). Five Mile Creek is designated as a
multiple use pathway in the Meridian Comprehensive Plan.
No encroachment of the existing easement is allowed.
3. A development agreement is required as a condition
of annexation.
17. That comments were submitted by the Meridian City Police
and Fire Departments, Central District Health Department and Nampa
and Meridian Irrigation District, and they are incorporated herein
as if set forth in full.
18. That comments were submitted by the Ada Planning
Association whereby they recommend sidewalks be incorporated into
the site plan to link the proposed buildings as well as link the
buildings with the sidewalks on the major roadway and that bicycle
parking be incorporated into the development.
19. That the Ada County Highway District submitted draft site
specific comments and they are incorporated herein as follows:
1. Dedicate 53 feet of right-of-way north of the
section line of Fairview Avenue abutting the parcel (13
additional feet) by means of recordation of a final
subdivision plat or execution of a warranty deed prior to
issuance of a building permit (or other required
permits), whichever occurs first.
2. Dedicate 45 feet of right-of-way east of the section
line of Meridian Road abutting the parcel (5 to 232 feet
addition) by means of recordation of a final subdivision
FINDINQ~3 OF FACT AND CONCLUSIONS OF LAH/CHERRY PLAZA Page 6
plat or execution of a warranty deed prior to issuance of
a building permit (or other required permits), whichever
occurs first.
3. Provide a recorded cross access easement for the
parcel to the east (if not previously provided) and all
internal lots for access to the public streets prior to
issuance of a building permit (or other permits). The
District intends to require a similar agreement of the
owners of the parcel to the east and the internal lots if
they are the subject of a future development application.
4. Construct a pedestrian ramp at the northeast corner
of Fairview Avenue and Meridian Road, abutting the site.
The construction of the pedestrian ramp shall meet ADA
standards.
5. Relocate the pedestrian ramp at the northwest corner
of Fairview Avenue and E. First Street to reduce the
conflict with the pedestrian ramp and the existing
utility pole and box. Coordinate the construction and
relocation of the pedestrian ramp with District Staff to
meed ADA standards.
6. Replace the curb cut driveway on Meridian Road,
located approximately 554 feet north of Fairview Avenue,
with a standard 30 foot wide curb return with a 15 foot
radii.
7. Restrict the curb return driveway on Meridian Road,
locate approximately 544 feet north of Fairview Avenue,
to right turns only. Coordinate appropriate signage with
District Staff.
8. Replace the curb cut driveway on Fairview Avenue,
located approximately 157 feet east of Meridian Road,
with a standard curb return driveway with 15 foot curb
radii. The driveway shall be restricted to right turns
only with appropriate signage.
9. The curb return driveway on Meridian Road, located
354 feet north of Fairview Avenue, is approved.
10. Construct a 6 inch raised median in the center of
Fairview Avenue, from the western edge of the driveway to
the existing median on Fairview Avenue, to prohibit heft
hand turns at this driveway. Coordinate the design of
the median with District Staff.
11. Construct a 6 inch raised median in the center of
Meridian Road from the Fairview Avenue/Meridian Road
intersection to a point 50 feet beyond the northern edge
FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 7
r~
of the driveway to prohibit left hand turns at this
driveway. Coordinate the design of the median with
District Staff.
12. As required by District policy, restrictions on the
width, number and locations of driveways, shall be placed
on future development of this parcel.
20. That the Ada County Highway District stated it would very
much appreciate it if the Applicant grant the District an easement
for a 10 to 12 space Park & Ride area, with the location to be
coordinated with District Ride Share.
21. That Chris Beeson, the Applicant's representative,
testified that there is no specific development planned for the
parcel at this time; that the main purpose of the application was
not to construct any improvements but rather to reconfigure lots in
a minor fashion between the Albertson's parcel and the shops parcel
so that they could also own frontage along Fairview Avenue as
opposed to just the frontage on Meridian; that the Applicant would
agree to have any further development of the rear parcel, believed
to be proposed Lot 1, subject to a conditional use permit at the
time of development in the future; that the Applicant would work
with staff and the Commission regarding the traffic circulation
plan dealing with ingress and egress; that the Applicant will be
requesting a variance from the standard landscaping requirements
due to the limited parking aisles; that the Applicant will be
working with the Ada County Highway District regarding their
requirements.
22. That Steve Sweet, the project's engineer, testified that
this entire 12 acre site includes a number of businesses in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 8
Cherry Plaza including Albertson's and a bank in the store, and
Pioneer Federal Credit Union; that the Applicant, Cherry Plaza
Associates, has previously come before the City with a request for
a resubdivision and the outcome of that process was that the
Applicant agreed to provide a plat on the 9 acre parcel and bring
in the 3.6 acres into the City; that following the resubdivision,
Albertson's purchased Lot 2 and that Albertson's and Cherry Plaza
Associates are Applicants in this subdivision; that the proposed
site to be annexed is vacant; that north of the site is LaPlaya
Manor, that the Five Mile Drain is a shared boundary and to the
north and west is Horizon Day Care; that the Applicant will be
asking for a variance in providing some compact [parking] spaces,
a little bigger than 7.5 feet along Fairview behind a landscaping
strip.
23. Mr. Beeson added that where proposed Lot 4 comes back, or
north, except for the frontage of where U.S. Bank was, is owned by
the Applicant and there is a recorded easement; that when
Albertson's remodeled they made a deal with U.S. Bank to add 18
parking spaces to the area north of where U. S. Bank stood but that
the 18 stalls are not included in the 423 total spaces.
24. There was no other testimony given.
25. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
followed.
CONCLUSIONS
FINDINC~B OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 9
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 of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised
and Compiled Ordinances of the City of Meridian; that exercise of
the City's annexation authority is a legislative function.
3. That the City Planning and Zoning Commission has judged
this annexation and zoning application under Idaho Code, Section
50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances,
Meridian Comprehensive Plan, as amended, and the record submitted
to it and things of which it can take judicial notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of
Meridian have been complied with.
5. That the Council may take judicial notice of government
ordinances, and policies, and of actual conditions existing within
the City and State.
6. That the land within the proposed annexation is
contiguous to the present City limits of the City of Meridian, and
the annexation would not be a shoestring annexation.
7. That the annexation application has been initiated by the
Applicant with the consent of the property owner, and is not upon
the initiation of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 10
8. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land. Burt vs. The Citv of Idaho Falls, 105
Idaho 65, 665 P.D 1075 (1983).
9. That the development of annexed land must meet and comply
with the Ordinances of the City of Meridian and in particular
Section 11-9-616, which pertains to development time schedules and
requirements, and Section 11-9-605 M., which pertains to the tiling
of ditches and waterways.
10. That the Applicant has not stated or represented any
specific development plans for the parcel.
11. That, as a condition of annexation and the zoning of C-C,
the Applicant shall be required to enter into a development
agreement as authorized by 11-2-416 L and 11-2-417 D; that the
development agreement shall address, among other things, the
following:
1. Inclusion into the development of the requirements of 11-
9-605
a. C, Pedestrian Walkways.
b. G 1, Planting Strips.
c. B, Public Sites and Open Spaces.
d. K, Lineal Open Space Corridors.
e. L, Pedestrian and Bike Path Ways.
2. Payment by the Applicant, or if required, any assigns,
heirs, executors or personal representatives, of any
impact, development, or transfer fee, adopted by the
City.
3. Addressing the subdivision access linkage, screening,
buffering, transitional land uses, traffic study and
recreation services.
4. An impact fee to help acquire a future school or park
sites to serve the area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 11
5. An impact fee, or fees, for park, police, and fire
services as determined by the city.
6. Appropriate berming and landscaping.
7. Submission and approval of any required plats.
8. Harmonizing and integrating the site improvements with
any existing residential development.
9. The sewer and water requirements.
10. Traffic plans and access into and out of the development.
11. And any other items deemed necessary by the City Staff,
including design review of all development, and
conditional use processing as required under the Meridian
Comprehensive Plan.
12. That Section 11-2-417 D of the Meridian Zoning Ordinance
states in part as follows:
"If property is annexed and zoned, the City may require or
permit, as a condition of the zoning, that an owner or
developer make a written commitment concerning the use or
development of the subject property. If a commitment is
required or permitted, it shall be recorded in the office of
the Ada County Recorder and shall take effect upon the
adoption of the ordinance annexing and zoning the property, or
prior if agreed to by the owner of the parcel. .";
that since the enactment of the above section, the City has found
that it is difficult for the City and the Applicant to enter into
a development agreement prior to annexation; that it is therefore
concluded that a development agreement shall be entered into,
dealing with the matters set forth in the preceding section prior
to issuance of a building permit.
13. That it is concluded that the annexing and zoning of the
property is in the best interests of the City of Meridian.
14. It is further concluded that the comments,
recommendations and requirements of City of Meridian Departments,
FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 12
the comments of Shari Stiles, Planning and Zoning Administrator,
the comments of Bruce Freckleton, Assistant to the City Engineer,
and other governmental agencies, will have to be met and complied
with.
15. That the Applicant and all users of the property shall
meet and comply with all of the Ordinances of the City of Meridian,
specifically including the water and sewer requirements, Fire Code,
Fire and Life Safety Code, and the Uniform Building, Electrical,
Mechanical, and Plumbing Codes.
16. That all ditches, canals, and waterways shall be tiled as
a condition of annexation and if not so tiled, the property shall
be subject to de-annexation.
17. That proper and adequate access to the property is
available and will have to be maintained.
18. That these conditions shall run with the land and bind
the Applicant and its assigns.
19. With compliance of the conditions contained herein, the
annexation and zoning of Community Business District (C-C), would
be in best interest of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 13
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS /
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER BORUP
OSLUND
COMMISSIONER SHEARER
MacCOY
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED ~-
i
VOTED
VOTED !~ ~~~~ z/~~
VOTED
DECISION AND
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
annexation and zoning requested by the Applicant for the property
described in the application with the conditions set forth in the
Findings of Fact and Conclusions of Law and that the property be
required to meet the comments of the Meridian Departments and the
other governmental agencies.
MOTION:
APPROVED:
N~1`~~~~
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW/CHERRY PLAZA Page 14
i
COMMENTS
MERIDIAN PLANNING 8 ZONING COMMISSION MEETING: November 12.1996
APPLICANT: DENNIS & JANET BUTTERFIELD AGENDA ITEM NUMBER: 8
REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR AN OFFICEIBASEMENT
APARTMENT USE
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
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Materials presented at public meetings shall become property of the City of Meridian.
• i
BEFORE THE MERIDIAN PLANNING AND ZONIRO COMMISSION
CONDITIONAL USE PERMIT FOR OFFICE AND
BASEMENT APARTMENT
DENNIS BUTTERFIELD, APPLICANT
1332 EAST FIRST STREET
FINDINGS OF FACT AND CONCLUSIONS
The above entitled matter having come on for public hearing
October 8, 1996, at the hour of 7:30 o'clock p.m., the Petitioner,
Dennis Butterfield, appearing in person, the Planning and Zoning
Commission of the City of Meridian having duly considered the
evidence and the matter makes the following Findings of Fact and
Conclusions:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
public hearing scheduled for October 8, 1996, the first publication
of which was fifteen (15 ) days prior to said hearing; that the
matter was duly considered at the October 8, 1996, hearing; that
the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations.
2. That this property is located within the City of Meridian
and the Applicant is the owner of the property and has authorized
the conditional use permit; that the property is described in the
application which description is incorporated herein.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 1
3. That the property is zoned C-C (Community Business
District), which requires a conditional use permit for an insurance
office use and basement apartment, which the application requests.
4. That the Community Business (C-C) District is described
in the Zoning Ordinance, 11-2-408 B. 12. as follows:
C-C Communit 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.
5. That the use proposed by Applicant is a specifically
allowed conditional use in the Zoning Schedule of Use Control, 11-
2-409.
6. That the Applicant represented that the residence has
always been rented out as a residence; that the main floor of the
house will be rented out and used as an insurance office; that a
few upgrades will be done, but only minor changes; that the
Applicant would like to remodel the basement and make a one bedroom
apartment, consequently leaving the basement use as residential and
changing the upstairs to commercial use; that the shop in the rear
is for service station type repair and will remain the same; that
the Applicant's Application stated that many neighboring houses
have already converted to commercial uses so it is natural for the
upstairs to become an office.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 2
7. That that there are other properties along East First
Street near the Applicant's property that are zoned Community
Commercial and other commercial zones that were initially zoned
residential but have been re-zoned to commercial zones, some of
which are still used for residential purposes and some of which are
used for commercial purposes; that Faye Buchanan, who owns Accent
Funeral Services at 1303 East First Street, Meridian, Idaho, owns
the property at that address and urea it as a residence and for the
operation of her funeral service business; that the same is true of
quit2a few other businesses along East First Street.
8. That the Applicant represented that after visiting with
two reliable rental management companies, one being Williams and
Associates, located in "The Meridian", the conclusion was that a
basement apartment is more easily rented than a basement office
space; that the vacancy periods will be much shorter if rented as
an apartment; that the Applicant stated that his mother or own
children are possible tenants for the apartment.
9. That Mr. Butterfield testified before the Commission that
he was understanding that the conditional use applied for pertained
to the basement apartment and that many of the staff comments dealt
with the upper level and the requirements on the office; that the
house is about ready for occupancy; that it has been re-roofed,
some walls patched and received new paint; that there are plans to
install more fire alarms and a fire extinguisher; that Dana Cowan
is the proposed occupant of the property; that behind the house are
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 3
three more parking spaces, which currently are in lawn and that
these three (3) additional spaces would be striped and that the
drainage system is adequate, as it was sized at the time with the
additional spaces in mind; that there is a great deal of work to do
on the basement and it is not going to happen this winter.
10. Dana Cowan testified that he contacted the Department of
Justice and got some information on the Americana with Disabilities
Act; that since the house is a fairly old structure, to make it
completely handicapped accessible, load bearing walls would need to
be moved to make pathways; that if certain limitations create
excess burden, they need not be done; that in other words, in so
far as it is possible, the changes need to be done; that Mr.
Butterfield has completed ramping up the walkway from the front to
the front door, however, the landing is not enough; that it will
help those that might have some more limiting handicaps, although
it is not wheel chair accessible.
11. That there was discussion by Commissioners Shearer, Borup
and Planning and Zoning Director, Shari Stiles; that Ms. Stiles
stated that the Americans with Disabilities Act is part of the
Uniform Building Code and she believes it does speak to existing
buildings and the language in the statute is whether those
improvements can be reasonably accommodated; that you don't want to
spend more on trying to make improvements for the handicapped than
maybe the building is even worth, but if made available to the
public, things like ramping, and the bathrooms would need to be
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 4
handicapped accessible; that the conditional use permit does apply
to the office and the apartment because of the mixed use and the
change in use; that the change in use from a residence to an office
building, even though it is a permitted use in that zone, requires
that all City Ordinances be met; that this is a combined use in one
building and that Ordinance is very clear; that a Certificate of
Occupancy and those requirements could be bonded for a temporary
occupancy prior to operating, in order to get the paving done on
the additional parking spaces.
Mr. Cowan added that the sign currently out in front now is
just temporary and was used to let people know that his business
was moving to this location; that the existing sign at the bottom
section, is a reader board and the plan is to insert a panel into
that bottom section and that it will be professionally done and
will not change anything there except a slightly different look.
12. That the Meridian Planning and Zoning Administrator,
Shari Stiles, submitted comments and they are incorporated herein
as if set forth in full as follows:
1. Sign permits must be obtained from the Building
Department for all signage and is subject to design
review.
2. The building needs to be brought up to code for
fire and life safety requirements and must meet
handicapped accessibility standards because of the
change in use.
3. That one three-inch caliper tree is required for
each 1,500 square feet of pavement; that all off-
street parking areas are to be paved and striped.
4. Handicapped accessible parking and walkways are to
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 5
be provided in accordance with the Americans with
Disabilities Act, including appropriate signage.
5. An trash receptacle areas shall be screened in
accordance with City Ordinance.
6. A Certificate of Occupancy is required prior to
operating in accordance with City Ordinance.
13. That comments were submitted by Bruce Freckleton,
Assistant to the City Engineer and they are as follows:
a. Additional paving and striping, if required, shall
be in accordance with the standards set forth in
the Meridian City Zoning and Development Ordinance
Sections 11-2-414 D 4. and 11-2-414 D 5. and in
accordance with Americana with Disabilities Ace
(ADA) requirements.
b. If additional parking is required, a drainage plan
designed by a State of Idaho licensed architect or
an engineer is required and shall be submitted to
the City Engineer for all off-street parking areas;
all site drainage shall be contained and disposed
of on-site.
c. Outside lighting shall be designed and placed so as
to not direct illumination on any nearby
residential areas and in accordance with City
Ordinance Section 11-2-414 D 3.
d. All signage shall be in accordance with Meridian
City Ordinances.
e. Sanitary sewer and water services for the proposed
site are existing as single services to the
building. The building owner shall be responsible
for City billings and will be required to enter
into an Assessment Agreement with the City of
Meridian.
14. That the Meridian Fire Department commented that all fire
codes shall be met and that the Applicant may need to install a
wall between the top floor and basement.
15. That the Building Department commented that all building
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 6
codes pertaining to occupancy separations including land, life and
safety conditions shall be adhered to.
16. That the Central District Health Department, Meridian
Police Department and Nampa & Meridian Irrigation submitted
comments and they are hereby incorporated herein as if set forth in
full.
17. That the Highway District submitted site specific draft
comments and they are as follows:
1. Construct a shared curb return driveway 24 to 30
feet wide with a 15 foot radii and paved 30 feet
beyond the edge of pavement of #. First Street
centered on the site's north property line.
2. Provide a recorded cross access easement for the
parcel to the north to use this driveway for access
to the public streets prior to issuance of a
building permit )or other required permits).
3. Relocate the irrigation box between this site and
the parcel to the north to allow for the shared
driveway. Coordinate the relocation of the
irrigations box with District Staff and the
appropriate Irrigation District.
4. Other than the access point specifically approved
with this application, direct lot or parcel access
to E. First Street is prohibited.
18. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
given and followed.
19. That there was no other public testimony given.
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 7
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 Sections A and D of Section 11-2-418 of the Revised
and Compiled Ordinances of the City of Meridian state as follows:
"A GENERAL
The Commission shall hold a public hearing on each Conditional
use application. The Commission shall recommend approval, or
approve with conditions, or deny a Conditional Use application
under the conditions as herein specified and consider such
additional safeguards as will uphold the intent of this
Ordinance.
D SUPPLEMENTARY CONDITIONS AND SAFEGUARDS
In approving any Conditional Use, the Commission and Council
may prescribe appropriate conditions, bonds and safeguards in
conformity with this Ordinance. Violations of such
conditions, bonds or safeguards, when made a part of the terms
under which the Conditional Use is granted, shall be deemed a
violation of the Ordinance and grounds to revoke the
Conditional Use. The Commission and Council may prescribe a
set time period for which a Conditional Use may be in
existence."
4. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the
Revised and Compiled Ordinances of the City of Meridian, Idaho.
5. That 11-2-418 C of the Revised and Compiled Ordinances of
the City of Meridian sets forth the standards under which the
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 8
Planning and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
concludes as follows:
a. The use, would in fact, constitute a conditional
use and a conditional use permit is required by
ordinance.
b. The use should be harmonious with and in accordance
with the Comprehensive Plan but the Zoning
Ordinance requires a conditional use permit to
allow the use.
c. The use apparently should be designed and
constructed, to be harmonious in appearance with
the intended character of the general vicinity.
d. That the use should 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 should not create excessive additional
requirements at public cost for public facilities
and services and the use should not be detrimental
to the economic welfare of the community.
g. The use should not involve a use, activity,
process, material, equipment or conditions of
operation that would be detrimental to person,
property or the general welfare by reason of
excessive production of traffic or noise.
h. That sufficient parking for the property and the
proposed use is required.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
5. That the comments of the Assistant to the City Engineer
and the Planning and Zoning Administrator must be met and complied
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 9
with.
6. That all Ordinances of the City of Meridian must be met,
including but not limited to, the Uniform Building Code, Uniform
Fire Code, Uniform Plumbing Code, the Uniform Electrical Code, the
Fire and Life Safety Code, all parking and landscaping
requirements.
7. That the structure on the property must be brought up to
all codes prior to issuance of an occupancy permit.
8. That the above conditions are concluded to be reasonable
and the Applicant shall meet those conditions.
APPROVAL OF FINDIRti3 OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER BORUP VOTEC
COMMISSIONER OSLUND VOTE
COMMISSIONER SHEARER VOTE
COMMISSIONER MacCOY VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 10
DECISION AND RLSCONltENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the Meridian City Council that they approve the Conditional Use
Permit requested by the Applicant for the property described in the
application with the conditions set forth in the Findings of Fact
and Conclusions of Law.
MOTION:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
BUTTERFIELD PAGE 11