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1996 10-08 MERIDIAN PLANNING & ZONING COMMISSION AGENDA TUESDAY, OCTOBER 8, 1996, 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 16, 1996: (APPROVED) TABLED AUGUST 13, 1996: PRELIMINARY PLAT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: (TABLED UNTIL NOVEMBER 12, 1996) 2. TABLED AUGUST 13, 1996: CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: (TABLED UNTIL NOVEMBER 12, 1996) 3. TABLED SEPTEMBER 16, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR KARATE CLASSES BY BRAD AND DEBBIE MILLER: (TABLED UNTIL NOVEMBER 12, 1996) 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT BY DOUG TAMURA AND ARTHUR BERRY: (APPROVE FINDINGS; PASS ON FAVORABLE RECOMMENDATION} 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO C-G BY EAGLE PARTNERS LLC: TABLED SEPTEMBER 16, 1996: (APPROVE FINDINGS AS AMENDED; PASS ON RECOMMENDATION) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, MCDONALD'S W/DRIVE THRU, AND A HOTEL BY EAGLE PARTNERS LLC: (APPROVE FINDINGS; PASS ON RECOMMEDATION TO CITY COUNCIL) FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT GENERAL BY WAYNE AND KAREN FORREY: (APPROVE FINDINGS; PASS ON RECOMMENDATION TO CITY COUNCIL) 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A JOHN DEERE DEALERSHIP BY CONTRACTORS EQUIPMENT SUPPLY CO.: (APPROVE FINDINGS; PASS ON RECOMMENDATION TO CITY COUNCIL) 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A THRIFT STORE AND FARMERS MARKET BY IDAHO YOUTH RANCH INC.: (APPROVE FINDINGS; PASS ON RECOMMEDATION) 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A FAMILY ENTERTAINMENT CENTER BY SELECT DEVELOPMENT AND CONTRACTING INC.: (APPROVE FINDINGS; PASS ON RECOMMENDATION TO CITY COUNCIL) 11. PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1996: REQUEST FOR ANNEXATION AND ZONING TO C-C BY CHERRY PLAZA ASSOCIATES: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 12. PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1996: REQUEST FOR APRELIMINARY/FINAL PLAT FOR FIRST STREET PLAZA BY CHERRY PLAZA ASSOCIATES: (TABLED UNTIL NOVEMBER 12, 1996) 13. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN OFFICE/BASEMENT APARTMENT BY DENNIS AND JANET BUTTERFIELD: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) MERIDIAN PLANNING 8 ZONING COMMISSION AGENDA TUESDAY, OCTOBER 8, 1996, 7:30 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 16, 1996: ~t~~orov~- TABLED AUGUST 13, 1996: PRELIMINARY PLAT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: !z-6(2- wra5 / ~u /2 ~ 2. TABLED AUGUST 13, 1996: CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: faux- Gcn~? ,i/ud; /2-~ 3. TABLED SEPTEMBER 16, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR KARATE C SSES BY BRAD AND DEBBIE MILLER: ~.~f Gvr~% V/• /Z~ 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT BY DOUG TAMURA AND ARTHUR BERRY: a yrv~'? ~~~ ~ c'lC ~IfJI dn- -~vo3^c~~ recurnn-~-~iLta-h~-~ 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO C-G BY EAG, }E PARTNERS LLC: TABLED SEPTEMBER 16, 1996: ~~~rn/e f~(F ~ C'/C yes a~ae/~.~cd~ed~ ~oass ~- rt~GO/v~./*+~+~GtcvfibN tjj C/lY ~~G F. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, MCDONALD'S W/DRIVE THRU, AND A OTEL BY EAGLE PARTNERS LLC: ~~~rove ~~f =~ cJL ~usJ en yecow~.,.e,~~(ahb~' ~ C?/~ 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMEy GEN~RAL BY WA~'NE AND KAREN FORREY: ~/J~ro~~ ~1 ~ ~ C' ~ ~~.f.I 6n rPCOrn.~-,-eKC~~t~ba.t' l~ ~~C'- 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A JOHN DEERE DEALERSHIP BY CONTRACTORS EQUIPMENT SUPPLY CO.: ~ pr~vP ~ ~ ~ ~c paJS ~n rec~~~~~~-fi~.i ~ ~ ~ 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A THRIFT STORE AND FARMERS MARKET BY IDAHO YOUTH RANCH INC.: ~i ~provp ~~~ ~ ~~~ f;~s.t an_ recm~i~-d~zn~ cr ~v C'f ~-- 10. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A FAMILY ENTERTAINMENT CENTER BY SEL CT DEVELOPMENT AND CONTRACTING INC.: C~J~ra/e ~~~ ¢~ C~G ~~IS On N~2c ~`•~-me-.~c~r t~t~r~ ~ C~C- 11. PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1996: REQUEST FOR ANNEXATION AND ZONING TO C-C BY CHERRY PLAZA ASSOCIATES: ~i~ a tfd~,-u~ fo ~.e~ar.~rz ~/~ 9 c ~C 12. PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1996: REQUEST FOR APRELIMINARY/FINAL PLAT FOR FIRST STREET PLAZA BY CHERRY PLAZA ASSOCIATES: ~d ~ /e Gcn7'i 1 i1/ov. /2 f= f~~, 13. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN OFFICE/BASEMENTRPARTMENT BY DENNIS AND JANET BUTTERFIELD: L/~ ~z?f~reJ >v ~fie~~-.~ y1~ ~ ~~L CITY OF MERIDIA MEETING SIGN-T~SHEET RECE1~71~I~ Z/hlj ~ ~~i?z ry C,pmh-u~fi~v~.. OCT - 81996 CITY OF MERIDIAN CITY OF MERIDIA PUBL~C MEETING SIGN-U~SHEET RECEIVEi7- OCT - 81996 rY OF MERIDIAN MERIDIAN PLANNING & ZONING COMMISSION O TOBER 8 1996 The regular meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:30 P.M.: MEMBERS PRESENT: Keith Borup, Jim Shearer: MEMBERS ABSENT: Greg Oslund, Malcolm MacCoy: OTHER PRESENT: Will Berg, Wayne Crookston, Gary Smith, Shari Stiles, Dick Williams, Phil Barber, Chris Beeson, Wayne Forrey, Steve Sweet, Dennis Butterfield, Dana Cowan: MINUTES OF PREVIOUS MEETING HELD SEPTEMBER 16, 1996: Johnson: You have read the minutes, are there any additions, corrections or deletions? If there are none I will entertain a motion for approval. Shearer: I move we approve the minutes. Borup: Second Johnson: We have a motion and a second to approve the minutes as written, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED AUGUST 13, 1996: PRELIMINARY PLAT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: ITEM #2: TABLED AUGUST 13, 1996: CONDITIONAL USE PERMIT FOR THE RANCH SUBDIVISION BY THE WESTPARK COMPANY: Johnson: It is my understanding that we haven't anything new on this, no correspondence or additions is that right staff? Stiles: Chairman Johnson and Commissioners I did receive a phone call today from one of the applicants and they requested a meeting for Thursday to talk about the development. I really don't know what their plans are at this time. Johnson: In other words they are still alive right? Stiles: I guess in a manner of speaking yes. Johnson: What would your pleasure be on this? Meridian Planning & Zoning Commission October 8, 1996 Page 2 Shearer: Mr. Chairman, I move that we table items 1 and 2 until the next regular meeting November 12. Borup: Second Johnson: Its moved and seconded that we table items 1 and 2 until our next meeting November 12, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED SEPTEMBER 16, 1996: REQUEST FOR A CONDITIONAL USE PERMIT FOR KARATE CLASSES BY BRAD AND DEBBIE MILLER: Johnson: It is my understanding that this application is all but dead is that correct? Stiles: Yes Johnson: Is there anyone here representing item #3? If we table this we need to table it to a date certain. We have no formal withdrawal but some action has taken place which leads us to believe this is not a live issue anymore. Shearer: Mr. Chairman, I move we table until the next regular meeting (inaudible). Borup: I think (inaudible) can we just remove it from the agenda until and let them make a reapplication? Johnson: We have a motion with no second, so it is going to die for lack of a second. So you can make a new motion. Shearer: If we do that though they will have to pay another fee and everything if they decide to go ahead, right? Crookston: That is correct. Shearer: I would prefer to table it in case they are (inaudible). Borup: Mr. Chairman, I think Shari has a comment. Stiles: The indication from the owner of the property is he has verbally stated he is not going to continue with it. The applicants themselves have not asked for a withdrawal. The Idaho Business Review did have a business filing for that address as a company called Meridian Planning & Zoning Commission October 8, 1996 Page 3 Awards Are Us. So if we need to get that formal withdrawal, I guess Counsel would need to advise Johnson: It would be my recommendation that we table it and have Will Berg or Shari contact the applicant and get a formal withdrawal. Borup: I second that (Inaudible) Johnson: We have a motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR PLANNED UNIT DEVELOPMENT BY DOUG TAMURA AND ARTHUR BERRY: Johnson: You have the findings of fact and conclusions of law, are there any discussions., any comments or corrections? Any discussion Commissioner Borup? Borup: No, no comments. Shearer: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopts and approves the findings of fact and conclusions. Borup: Second Johnson: It is moved and seconded that we approve the findings of fact as compiled by the City Attorney, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, Shearer -Yea, MacCoy -Absent, Johnson -Yea MOTION CARRIED: All Yea Johnson: Is there a recommendation we should pass onto the City at this time? Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the property set forth in the appiic~tion be approved for a conditional use permit under the conditions set forth in these facts and conclusions of law. Meridian Planning & Zoning Commission October 8, 1996 Page 4 Borup: Second Johnson: Moved and seconded we pass a recommendation onto the City as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO C-G BY EAGLE PARTNERS LLC; TABLED SEPTEMBER 16, 1996: Johnson: We have in our hands hot off the press revised findings of fact and conclusions of law. It would appear that there is some discussion necessary specifically with three items and some blanks to be filled in. On the copies you are working with the revisions are shown as crossed out the additions are highlighted in bold. Items number on page 27, item C, item F, and on page Item 0 require completion. Which I would suggest that we make an attempt to doing now. Borup: Do you want to take those one at a time? Johnson: Sure, starting with item C on page 27. Borup: I think the attempt on that again is the buffering from Greenhills Subdivision which seemed to be the biggest concern amongst the homeowners. I agree with the idea of buffering but as stated by the applicant the construction time does not lend itself to have the motel built first. I think that is what this leaves open is that does not happen then what other buffering would there be. (Inaudible) Shearer: I would think as long as that buffering strip was put in when the construction on the first buildings that as long as that is done at the same time as the first buildings that be adequate. Johnson: How would you revise this then, what would be your pleasure? Shearer: I think maybe that whole item C could be revised to read that the landscape screening will be provided along with the first building that is constructed and that would be the landscaping to the north and to the west. That would take care of the problem that we are trying to solve. Borup: The only other thing I would maybe like to add to that was just pass onto the staff, Meridian Planning & Zoning Commission October 8, 1996 Page 5 I don't know if we could (inaudible)the biggest part of the buffering I think is going to be the height and nothing is really addressed in that other than the type of trees. I can't tell looking at the plan if they are talking about a raised berm one of the letters did refer to a bens. The landscaping, a detailed landscaping plan would show that. Can that, without us getting too specific here can that recommendation be made? Johnson: I think you can word it anyway you want. Do you have any suggestions in that area, do you understand exactly what we are trying to do here Shari? Borup: We are not talking, and I don't think that is their intention but a strip of grass with a few shrubs along there. Shearer: I think they are planning on trees and I think you are right that a berm on that nothing screening should be provided to stop head lights for people coming out of the parking lot. So that people driving out of those parking lots into that north screen that the berm will be there to block it off along with the trees. Borup: Can we get into specifics on a berm height and tree height say within five years they will be such and such? Johnson: You can do whatever you want to do. I think it should be more general. Borup: I don't know if there is a point to get too specific but that would be the intent is a berm high enough to take care of head lights plus trees or other screening that would get above the height of the house windows or something. Shearer: I think that we've in the previous paragraph said that screening shall be approved by staff and I think that they can handle that. I think they can handle that as far as the tree type and (inaudible). Borup: I think it all relates back into A and B. Shearer: So I think it is just a matter of having the screen and the berm to stop head lights. Borup: I feel comfortable with the wording then on that one. Johnson: We will go back and review these and make the correction. Item F just makes a reference to the number of storys. Shearer: I see no reason to limit them to less than 3 stories especially since we have a building across the street that is more than two but I think it is four, I am not sure. I would Meridian Planning & Zoning Commission October 8, 1996 Page 6 agree with that too. That was their application was three I think if we didn't agree with that then the whole thing should have just been denied rather than dictate (inaudible). Johnson: Do you want to strike F then? Do you want to insert a number of stories in there? Do you want to strike it since it is part of the application as 3? Borup: I guess it would serve the same purpose either way wouldn't it? Johnson: And then item O, it has to do with setback, building setback. Shearer: Conform to the ordinance. Borup: Setbacks are already specified in the ordinance aren't they? Crookston: There are no setbacks in that zone. Shearer: What is their proposal, I can't read it on there. (Inaudible) Twenty foot on the pool area. Borup: We are trying to determine what the present setback is. Have there been any other recommendations other than the 3 times the height suggestion? Johnson: Wayne do you recall? Crookston: There was not, that came from my discussion with Mr. Oslund. That is where that the 3 times, that is where that came from. Shearer: Can I ask, does the staff have any problem with the setbacks that were shown in the proposal? Stiles: I don't have that in front of me right now, I think one of the main issues is if there is going to tie a public road there or not, we still don't know that. It is going to make a big difference if there is a public road there and if it is, if they are going to be able to move that signal. I don't know how the negotiations have been going on that. Borup: (Inaudible) In the past month ACRD has still not come any closer to making a decision? Stiles: The last conversation I had with ACHD is they were still talking with Idaho Transportation Department whether it would be possible to move that signal to line up with Magic View so they wouldn't require the public road but I haven't heard any decision. It Meridian Planning & Zoning Commission October 8, 1996 Page 7 doesn't comply with ITD's policy but whether they will make an exception I don't know. Borup: We are trying to determine what the width of that landscaping strip is between Greenhill, it is not readable on our plat. Stiles: The applicant's representative stated it was 30 feet. (Inaudible) Johnson: Do we have enough information that we can fill in the blanks here and do whatever you want to do on the findings of fact. Borup: We think so. Johnson: Let's summarize the three items, B, F and O and then move on. Borup: On O I would recommend the setback requirement be that as submitted by the applicant which appears to show 20 feet on the western setback on the pool area. The main part of the building has a larger setback than that. The confusion, the discussion was on the northerly setback, my recommendation would be, the building setback it appears by looking at the plat it would relate to about 95 feet from the present property line which would be the same as submitted with a street in there. So I believe what we are saying is the setback would stay the same as what the applicant submitted with the plans showing the proposed street. If the street was removed the setback would still stay the same. The buildings would stay in the same location. Johnson: Do you have enough wording on that Mr. Crookston? Crookston: I think that I can put it in. Johnson: Item F? Shearer: Three story as submitted. Johnson: And Item C? Shearer: That the screening strips on the north and the west will be constructed at the time of the first building. Borup: I thought we were only talking about the northerly strip not west. ! ~ Meridian Planning & Zoning Commission October 8, 1996 Page 8 Shearer: Well at least the west next to the building that is being constructed be constructed at the same time because we won't want a building without that screen there. Borup: I guess I am fine with that. Johnson: Do you have that Mr. Crookston? Crookston: That one I don't have Borup: I hadn't heard that either, I don't know if that had been discussed previously. Johnson: That is what we are doing now. Go ahead Mr. Shearer. Borup: I am not sure, did anyone feel that was necessary to the west? Shearer: It is my understanding that the applicant would like to construct the McDonald's and the station first and if that occurs we need screening on the north which would man that we would want the landscape screen to the north to go in at the same time. I n addition the landscaping around the building being constructed, whichever one it is whether it is the hotel or the C Store or whatever, between it and the, the landscaping around that building shall be done at the same time as the building naturally which includes a screening on the west side of that particular building that is being contracted between the houses and the buildings. Borup: Are you proposing a change from that they have submitted or just the amount of landscaping screening that they have already submitted? Shearer: Well the screening that they have already submitted. Borup: (Inaudible) that wasn't showing, I apologize, that wasn't showing the plat I had here. There is, unless it was removed from the second draft, I don't think it was. That sounds good to me. Johnson: I will point out under C a couple of typos and that is all in the next to the last sentence there. Borup: Mr. Chairman, I also have a question on E, this has changed several times as it states now it says there shall only be a primary entrance for the hotel, motel on the south side, I am sorry, no that is it of the structure period (inaudible). I wasn't sure what the concern was to have it on the east side which would be facing Eagle Road which is the way it is designed. Meridian Planning & Zoning Commission October 8, 1996 Page 9 Shearer: The only place we want (inaudible) Johnson: I will agree with that. Do you want to leave that or east end in there? It has a line through it now. Any other changes or or discussions? Crookston: 1 just have a question, the screening is to be done at the same time of the construction of either the McDonald's or the Chevron C store whichever comes first unless the motel hotel is put in first? Shearer: With the first building, just put it that way then it is there. We do want to protect the residential. Johnson: Are we ready to move on the findings of fact? Shearer: Mr. Chairman, I move that the Planning and Zoning Commission hereby adopt and approve these findings of fact and conclusions of law. Borup: Second Johnson: Moved and seconded we adopt the findings of fact and conclusions of law as amended, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, Shearer -Yea, MacCoy -Absent, Johnson -Yea MOTION CARRIED: All Yea Johnson: Recommendation for the City? Shearer: Mr. Chairman, I move the Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these findings of fact and conclusions of law and that the applicant shall enter into a development agreement prior to the issuance of a building permit. That if the applicant is not agreeable to these findings of fact and conclusions of law and is not agreeable with entering into a development agreement the property should not be annexed. Borup: Second Johnson: Moved and seconded we pass the recommendation on as stated by Commissioner Shearer, all those in favor? Opposed? Meridian Planning & Zoning Commission October 8, 1996 Page 10 MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CHEVRON C-STORE, MCDONALD'S W/DRIVE THRU, AND A HOTEL BY EAGLE PARTNERS LLC: Johnson: You have the findings of fact and conclusions of law as prepared, any discussion, any changes, corrections? Commissioner Borup, any discussion? Borup: None Johnson: Commissioner Shearer? Shearer: I have none. Borup: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. Shearer: Second Johnson: Moved and seconded we adopt the findings of fact and conclusions of law as written, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, Shearer -Yea, MacCoy -Absent Johnson -Yea MOTION CARRIED: All Yea Johnson: The decision or recommendation to pass onto the City? Borup: Mr. Chairman, I recommend the Planning and Zoning Commission hereby recommend to the Meridian City Council they approve the conditional use permit (inaudible) by the applicant for the property described in the application with the conditions set forth in these findings of fact and conclusions of law and those adopted for the annexation and zoning of the property. Shearer: Second Johnson: We have a motion and a second to pass a recommendation on as stated, all those in favor? Opposed? Meridian Planning & Zoning Commission October 8, 1996 Page 11 MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT GENERAL BY WAYNE AND KAREN FORREY: Johnson: Any discussion, corrections or deletions concerning these findings of fact as prepared? Entertain a motion for approval. Borup: Mr. Chairman I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. Shearer: Second Johnson: Moved and seconded we approve the findings of fact as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, Shearer -Yea, MacCoy -Absent, Johnson -Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City? Borup: Mr. Chairman, I recommend the Meridian Planning and Zoning hereby recommend to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. Shearer: Second Johnson: Moved and seconded we pass the recommendation onto the City as stated, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: This should be a good project for the City of Meridian Mr. Forrey. (Inaudible) ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A JOHN DEERE DEALERSHIP BY CONTRACTORS EQUIPMENT SUPPLY Meridian Planning & Zoning Commission October 8, 1996 Page 12 CO.: Johnson: Any discussion regarding the CESCO findings of fact and conclusions of law? Borup: I have none, I think they covered things pretty good on the concerns before (inaudible) sewer and water and it sounded like there are a lot of conditions that need, a lot of things need to happen. I have nothing else. Shearer: Mr. Chairman, I move the Meridian Planning and Zoning hereby adopt and approve these findings of fact and conclusions. Borup: Second Johnson: Moved and seconded we approve these findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, Shearer -Yea, MacCoy -Absent, Johnson -Yea MOTION CARRIED: All Yea Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommend to the 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. Specifically resolving the sufficient sewer and water service for all of the applicant's land included in this application. Borup: Second Johnson: Motion and second to pass the recommendation onto the City as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL US PERMIT FOR A THRIFT STORE AND FARMERS MARKET BY IDAHO YOUTH RANCH INC.: Johnson: Any comments gentlemen? Borup: Nothing specific on the findings and I think it probably can be handled, the same Meridian Planning & Zoning Commission October 8, 1996 Page 13 concern that I had last time is there is no real design. I don't think as far as the structure for the fruit stand. But 1 don't know if that is something, is that something you normally handle under conditional use, but at what point I am too new to know. Johnson: I don't think we have any additional information other than they plan to move the building they have been using down there, is that correct, have you heard anything new? Borup: They have not submitted anything to the building department. Stiles: I don't believe they submitted any application for that building. We don't normally require building plans but as a part of a conditional use you could certainly put that condition that it be approved by Council. Shearer: You can go down and actually see the actual. Borup: That is part of my concern. Johnson: We can certainly insert that in the findings if you so wish as you make your motion. Borup: I think the findings, Johnson: I am sure they cover that as well. Borup: Yes it does, it says that it would be designed and constructed harmonious in appearance with the general vicinity. I don't know if we can get any more specific than that. Johnson: Probably not. Do we have a motion on the findings? Borup: Mr. Chairman, I would move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Shearer: Second Johnson: Moved and seconded we adopt the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, Shearer -Yea, MacCoy -Absent, Johnson -Yea Meridian Planning & Zoning Commission October 8, 1996 Page 14 MOTION CARRIED: All Yea Borup: Mr. Chairman, I move 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 Moved and seconded we pass a recommendation onto the City as stated by Commissioner Borup, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A FAMILY ENTERTAINMENT CENTER BY SELECT DEVELOPMENT AND CONTRACTING INC.: Johnson: Any comments regarding the application for the family fun center. Shearer: I have no comments on the findings. Borup: None here either. Johnson: Entertain a motion for approval of the findings of fact? Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Borup: Second Johnson: Motion to approve the findings of fact and conclusions of law and second as prepared, roll call vote ROLL CALL VOTE: Borup -Yea, Oslund -Absent, Shearer -Yea, MacCoy -Absent, Johnson -Yea MOTION CARRIED: All Yea Shearer: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommend to the City Council of the City of Meridian that they approve the conditional Meridian Planning & Zoning Commission October 8, 1996 Page 15 use request by the applicant for the property described in the application and the conditions set forth in these findings of fact and conclusions of law. Borup: Second Johnson: A motion and a second to pass a recommendation onto the City as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1996: REQUEST FOR ANNEXATION AND ZONING TO C-C BY CHERRY PLAZA ASSOCIATES: Johnson: This is a continuation of a public hearing, do I need to re-open it? Crookston: Yes Johnson: I will re-open the public hearing at this time. Is the applicant or a representative from Cherry Plaza Associates? Would you like to come forward and address the Commission please. Chris Beeson, 840 East Curling Drive, Boise, was sworn by the City Attorney. Beeson: I apologize, our engineer was going to be here tonight as well, I don't know what has caused his delay. Johnson: Well he just figured we would be here all night. Beeson: In early this Spring Albertsons and my group made and application to the City Council to subdivide or do a lot split on our Cherry Plaza shopping center so that Albertson's could own their parcel separate from the rest of the other one. The City Council at that time endorsed our application to do that and directed that we follow that up with a subdivision application. At the time we were doing that we also discussed with staff that the parcel in the rear of the shopping center was an out parcel and it would be an appropriate time to bring it into the City just to get rid of the infill parcel. We don't have any specific development plans for that parcel at this time. We are just getting it zoned and leaving it there as a lot. The main purpose of our application is 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. So, that was the basis of our application. We have worked with staff, we have prepared a response to the staffs conditions and Meridian Planning & Zoning Commission October 8, 1996 Page 16 basically don't have any issues with staff's proposal. We would agree to have any further development of the rear parcel, I believe it is proposed lot 1 subject to a conditional use at the time of development might be proposed in the future. We would work with staff and with the Commission to come up with a traffic circulation plan to try to deal with the problem of ingress and egress. 1 think primarily as East 1st moves into the center there. We do have some ideas for that and I hoped Steve would bring the plan here. The other thing we are trying to do is as we do that was to not degrade the parking any further than it already is because as I am sure you know it is pretty tight. We will also be as staff has requested planning a landscaping strip along Fairview Avenue and in some of the end islands on the parking aisles to put some definition into the parking lot. Those would have the trees on them. Now as part of what we would be doing and in talking to staff they would probably have to submit a separate application. We will be requesting a variance from the standard landscaping requirements for the center becaase there isn't enough area left to do what would be required (End of Tape) is contemplating requiring an addition of right of way taking along Fairview Avenue so that they can add another lane to that. Johnson: We did receive the draft today, I haven't had an opportunity to review it in detail. Beeson: And we don't even know if it is final yet Mr. Chairman. You will see some of the points that they have got on there. And they are also requesting a right of way take along Meridian Road although now in the first part of it, it reads that they are talking about a five foot taking, for a while they were talking about a 23 foot but that would get into that truck dock on the Albertson's building so they have kind of backed off on that. So if, the requirements of the City at least as we know them today seem to be things that we can deal with, with regard to our application. Whether or not we can get by with the Ada County requirements the Highway District remains to be seen. They also want to require a further median strip at those intersections along Meridian Road and Fairview Avenue to prevent the curb cuts next to the little credit union thing from being used as full turns. They would like those to tie right turns only. That was all reconstructed two years ago and they kind of agreed to that configuration but apparently they decided they would like further changes now and we are still trying to work with them on that. I believe Ms. Stiles has provided, although I apologize for the lateness of it, our response to the staff report. But as I said we didn't really have any issues with that. There were a few things where we did note that we kind of expected that except for tiling the Settlers Canal in the back there is a little strip of it back there next to Cumba's day care center adjacent to our property that we would fill now. Do the landscaping and try to come up with a better proposal for you on the parking. Then that would be what would apply to the current structure that is there. The rest of it would apply to some development that might occur with that piece in the back. I stalled long enough for Steve to get here, this is Steve Sweet from Quadrant Engineering who is our engineer. Meridian Planning & Zoning Commission October 8, 1996 Page 17 Johnson: Steve while you are here and if you are going to comment we might as well swear you in as well. Steve Sweet, 405 S. 8th Street, Boise, was sworn by the City Attorney. Sweet: Mr. Crookston I believe was aware of our application at the City Council. For the benefit of the crowd this is the Cherry Plaza current configuration, the point we want to bring out here is that there is a 12 acre site which includes a number of 20 businesses in Cherry Plaza including Albertson's and a bank in the store, Pioneer Federal Credit. The applicant has come before the City for a request for a resubdivision previously and during the process which is allowed under the ordinance of the City we agreed to provide a plat on this 9 acre parcel with the piece that is already annexed to the City. And to bring in a 3.6 acre, not quite an out parcel, it is not quite an enclave but close to an out parcel into the City. This is vacant ground today, it is not even a pasture, just anon-utilized (inaudible). North of the site has La Playa Manor, Five Mile Drain we share the boundary inside that, the ravine that forms the drain there. To the north and west is the Cumba day care, 1 believe that is the name, that is what we have gone with. The vacant site and US Bank occupy the corner here and I believe the relocated at this time to another store. Johnson: Yes they have and that day care for the record is Horizon I think. Sweet: In our application for resubdivision (inaudible) we came in and asked for two parcels and said we would come back tonight before you with an annexation and a plat. This is the new lot numbering to meet Ada County's concerns, it is different from your preliminary plat. As we talked through this tonight while we refer (inaudible) that is incorrect, this drawing reflects how we will meet the County Engineer's concerns. Shari has provided us with a number of concerns and some conditions. We have met with Shari and responded in writing. After we visited with her today we had some revisions and I have a revised copy, and everybody has a copy of that? Johnson: Yes we have one dated 10-8. Sweet: That is today, that is the revised document. What we would like to point out to the Commission, this is an existing site. We would like to come in with a platting and annexation with reasonable conditions. The City of Meridian has been fairly reasonable and would want you to be aware that Ada County Highway District, is goign to have, we are going to have further negotiations with the Highway District. Subject to the outcome of some of those discussions the plat may or may not go forward. It is our intention to go forward short of paving a seven mile stretch in Western Ada County for the Highway District. Meridian Planning & Zoning Commission October 8, 1996 Page 18 Johnson: Mr. Beeson touched on that. Sweet: Following our application for the resubdivision Albertson's has purchased lot 2, Albertson's and Cherry Plaza Associates are applicants in this subdivision. Mr. Chairman, how detailed would you like to go tonight on these conditions? Johnson: Well I am hoping you will shut up soon so we can go home. Did you want a political answer? Sweet: I frankly like that answer. Johnson: I know you are trying to earn your keep becuase you were late and you are trying to impress your client I think we understand it pretty well. The main issue is the annexation of the piece of dirt now that is basically weeds. That is what we are here for are we not. We realize there are things that have to be worked out with ACHD but that is beyond our control and something you will have to do. Sweet: There has been concern by Council on circulation on the site. This is a revised circulation plan. There has been concem by staff on need to increase the landscaping that is there, the seven trees that are around Pioneer Federal Credit Union. Johnson: Yes Mr. Beeson talked about that and that is an issue that will have to be worked out with staff. There are some limitations there just becuase of the amount of land that is left there. Sweet: Mr. Chairman, with your permission I would like to sit down and shut up and would stand for questions at your pleasure. Johnson: I am sorry, I did issue a pretty strong hint there. Do we have any questions of either Mr. Beeson or Mr. Sweet. Borup: I think the last drawing probably answered some questions that I was curious on as why part of lot 2 jogged out to the back, is that for additional employee parking? Sweet: There is a parking lot (inaudible) access has been difficult around the store site, Albertson (inaudible) Johnson: That parking lot has been there almost a year now hasn't it? Sweet: A little over a year. (Inaudible) Meridian Planning & Zoning Commission October 8, 1996 Page 19 Shearer: I see your new configuration will keep me from cutting across the parking lot. Johnson: That is a nightmare in there there, flip that over please. Sweet: (Inaudible) Johnson: Well the whole thing, a lot of that is beyond your control it is just what they did last time through. It makes it confusing. Borup: The other thing I was curious on is what do you anticipate access to lot 4? Johnson: The old four or the new four? Sweet: It would have to either be (inaudible) probably have to be out through this property or down the back or out through here (inaudible). The clerk is passing out a reduced version (inaudible) On that drawing there are some lighter dash lines those are existing parking stalls, the heavier lines are the proposed (inaudible). We would be asking for a variance in providing some compact spaces, a little bigger than 7.5 foot and we are (inaudible) 8 foot width along Fairview behind a landscaping strip in there. Johnson: We have noticed a lot of developments have just done away with compact parking because no one pays much attention to it. Crookston: Mr. Chairman, do you own the property to the east of this? Beeson: The US Bank (inaudible) Crookston: To the north of where the US Bank was? Beeson: Out here where proposed lot 1 or 4 comes back in here, that part yes, not the frontage. Crookston: How are you placing that, what appears to be a parking area? Beeson: This one here, that does exist today and there is a recorded easement for that. When Albertson's did the remodel, as part of that they put the structure on here and they also made a deal with US Bank to add these 18 spaces to that. Crookston: Is that easement in your name? Beeson: It runs with the land and it is appurtenant to the shopping center (inaudible). Meridian Planning & Zoning Commission October 8, 1996 Page 20 Sweet: Those 18 stalls in that parking area are not included in the 423 we show in the total. Johnson: Is that 423 is that a substantial increase is that an increase? Sweet: That is existing. Johnson: Am I correct in saying we are really not gaining any additional parking? Sweet: I think I have squeezed another stalls out of this site. And going from a 10 foot stall to a 9 foot City standard (inaudible). Johnson: So you just picked up about 10 parking spots. Sweet: That is correct (inaudible) 25 foot road, City standard road. Shearer: Which public hearing are we in? (Inaudible) Johnson: We are just asking questions, that is pertinent and we can incorporate that testimony into the other one. Any other questions? Beeson: Can you see what these arrows are here, is that legible on the little one. Johnson: Isn't that the way the traffic flows now? Beeson: No, what they have come up with to help try and solve this problem is the way it currently is the one, the left lane is left and straight, so the people that are trying to go straight (inaudible) so that is one of the things that causes the stacking. What we are proposing is that ACHD would go along with this is to have the left lane be only left only and the right lane be straight and right so that it would keep moving and reduce some of the stacking. Also, what Steve is proposing here is that there be signage and a curb line here to help prevent people from coming out of here and trying to get in there. That they would basically have to go around and then come back this way to avoid kind of the Russian Roulette stacking (inaudible). Johnson: Couldn't they do the same thing with altering the traffic signal itself, does that accomplish the same thing? So you could go proceed on green and the oncoming lane would be halted, like they do in a lot of areas. Like they do on the comer of Ustick and Cole for example. Meridian Planning & Zoning Commission October 8, 1996 Page 21 Sweet: With the City's encouragement that would be easier to obtain. That reduces the efficiency of the intersection and the Highway District is trying to maximize the efficiency of Fairview at this point. Johnson: Any other questions? Apparently not at this point. This is a public hearing, is there anyone from the public that is here to comment on this application or would like to come forward. Are there any comments from staff at this time before I close the public hearing? I will close the public hearing at this time. This is item 11, annexation and zoning. And your motion is? Shearer: Mr. Chairman, I move we have the Attomey prepare findings of fact and conclusions of law on this. Borup: 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 #12: PUBLIC HEARING CONTINUED FROM SEPTEMBER 16, 1996: REQUEST FOR APRELIMINARY/FINAL PLAT FOR FIRST STREET PLAZA BY CHERRY PLAZA ASSOCIATES: Johnson: I will now open the public hearing, any additional comments by the Applicant? Steve Sweet, 405 S. 8th Street, Boise, was sworn by the City Attorney. Sweet: Mr. Chairman, members of the Commission, we would like to incorporate previous testimony and request your approval of the preliminary and final plat for First Street Plaza plat. Any questions? Johnson: Thank you Mr. Sweet, any questions of the applicant? Borup: Maybe on landscaping, you had made some reference to it, is that still forthcoming, the landscaping plan detail? Sweet: Yes, the landscaping as noted in the letter we would like to landscape out there without decreasing parking. What we are proposing is (inaudible) on the end of the parking, landscaping along Fairview and these curbed islands could be landscaped (inaudible} that would lend to landscaping and dressing up the City's entryway there. We Meridian Planning & Zoning Commission October 8, 1996 Page 22 haven't worked through the details, we have had discussions with staff. We would be, we are requesting a variance to the one tree per 1500 square feet of asphalt, we don't have that much ground out there to give up without tearing asphalt out and losing parking. We would request a staff level review and approval of our landscape plan. Borup: That is all I had. Johnson: Commissioner Shearer? Shearer: I have nothing. Johnson: Counsel? Crookston: Nothing Johnson: Thank you Steve, anyone from the public care to comment on this application? Any further discussion? Shearer: Do we want to hold approval of this until the annexation (inaudible). Johnson: I will close the public hearing at this time. Shearer: Mr. Chairman, I move we table this until we get our findings of fact and conclusions of law back at the next meeting and then proceed with the two together. Borup: Second Johnson: Motion and second to table item 12 with the conditions so stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC NEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN OFFICE/BASEMENT APARTMENT BY DENNIS AND JANET BUTTERFIELD: Johnson: I will now open the public hearing and invite the applicant to come forward and address the Commission. Dennis Butterfield, 2833 Autumn Way, Meridian, was sworn by the City Attorney. Butterfield: Basically when we applied for this we were applying for a basement apartment Meridian Planning & Zoning Commission October 8, 1996 Page 23 under this property that is zoned CC. We were under the understanding that office could be used as it is zoned. Friday we picked up this paperwork from the City and we saw some other things in there that kind of surprised us but we thought this is a pretty good time to review. So I would just like to go through some of that if I could. Johnson: Sure go ahead, are you referring to the letters from Bruce Freckleton and Shari Stiles, those two letters? Butterfield: As I say, as we understood we were doing conditional use for the basement and much of this applies to the upper level of the house. Some of it is handicapped discussion. 1 am going to let Dana talk a little bit about the handicap situation. I am just going to talk a little bit about this paving and and striping. We do have plans to, we have plans and we have space for 3 more spaces behind the house that is currently lawn. It would be striped. We have a drainage system that is adequate to do that, it was sized at the time with that in mind when it was put in. We will have to get, it looks like we will have to get a copy of that for the City Council, is that where that is presented? Or do we do that with Shari? When we are talking of drainage. Johnson: Public Works department which is Gary's department. Butterfield: Okay, we will review that with Public Works department. Lighting is probably adequate there, you probably didn't see the light on the back of the house that will be used as well as there is quite a bit of light on that shop. I will review this assessment agreement with Gary. This fire code requirements, all of this stuff I am going to have to review with someone who can tell us what is required. We have plans to put in more fire alarms and a fire extinguisher in the building and I don't know what else they are going to require beyond that. Johnson: I would meet with Kenny Bowers on that, those are his comments so he will be able to expound on that for you. Butterfield: The certificate of occupancy is a concern to us because like I say any of this can hold it up am I right? Johnson: Yes Butterfield: We about have the house ready, we have painted it and we re-roofed it and we did some patching of walls and stuff like that inside. We would like to proceed as soon as possible.. /gain we are taking about an occupancy permit on the basement and this is being turned around to make requirements on the office. So, I thought I would just bring that out and review that with the board. Meridian Planning & Zoning Commission October 8, 1996 Page 24 Johnson: And Shari Stiles does include that in her comments as well I'm sure you know, the fire and life safety requirement. Butterfield: That is only in Shari's comments. Johnson: Well the life safety is part of the fire code as well, Kenny Bowers stated. That is the only point I was making there. Butterfield: That can be complied with fairly quickly. The parking lot and also this handicapped situation which 1 will let Dana touch on, he has done a little research on that. Dana Cowan is the proposed occupant of the property. He had done some research on what they were going to require for his type of an operation if you would like to review that with him. Johnson: Sure he can come forward, are you finished? Butterfield: I think so. Johnson: Any questions for Dennis? Butterfield: I am finished except I don't have any better understanding so if you guys could enlighten me on what is going to be required on this. Johnson: Well we will get some staff comments for you and hopefully that will help in that respect. Anyone else like to address the Commission? Dana Cowan, 2513 Autumn Way, Meridian, was sworn by the City Attorney. Cowan: Dennis just asked me to stop down and give you some information. I called and talked to the Department of Justice and got some information from them on the Americans with Disabilities Act. We knew that we were going to do some minor renovations and we thought we had better find out what we need to do. Basically what I understood from them and what I have highlighted is that because of the structure being a fairly old structure and it being, in order to make it completely handicapped accessible you would have to move potentially load bearing walls that type of stuff in order to make pathways and that type of thing accessible. They indicated that from the basics of what I have read through the act that because of those limitations that is going, it creates excess burden and therefore not needed to be done. They do indicate that in so far as it is possible that we need to do it. Dennis has already ramped up the walkway from the front to the front door. It isn't going to (Inaudible) the landing is not be enough, but it stills helps those that might have some more limiting handicaps although not wheel chair accessible. The same thing is going to • Meridian Planning & Zoning Commission October 8, 1996 Page 25 be some of the things inside, the bathroom, the way to get in there (inaudible) not possible or (inaudible). Those are the things that I have found just in talking with them that as long as we do as much as we possibly can that we try to make it accessible to anybody we can with the accessibility (inaudible). In addition to that they indicate that as Tong as a procedure exists within the company or within my company to be able to provide the same services to someone outside of there, like I could come to them, which I can essentially do anything with them at a separate site that I can there. So I have (inaudible) with them at the home or at their office or whatever is convenient to them. So, I feel like pretty much there is not something that we can do more than we have done to make that workable. Johnson: Any questions of Mr. Cowan? Is there anything the staff could do to perhaps answer some of the concerns of the applicant? Is there anything you would like to say with respect to the ADA act? Stiles: Chairman Johnson and Commissioners the Americans with Disabilities Act is part of the Uniform Building Code. I believe it does speak to existing buildings and the language in the statute is whether those improvements can be reasonably accommodated. Of course you don't want spend more on trying to make improvements for the handicapped then maybe the building is even worth. But things like the ramping, the bathrooms, if they are made available to the public would need to be handicapped accessible. But this is private office intended only for his employees that could be waived. This conditional use permit does apply to the office and the apartment because of the mixed use and the change in use. Because of 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. The certificate of occupancy some of these requirements they could be bonded for a temporary occupancy prior to operating. It would be maybe 30 days or if you needed longer to get that parking paving done maybe 6 to 8 months. Shearer: Why do we need a conditional use for the officerf it is already zoned for an office, no matter what was in there before. I mean obviously we have to go into some of the code things yes, but why a conditional use? Stiles: Because it is the same piece of property and you are dealing with two separate uses for the same piece of property. Some of these requirements are just because of the change in use. The ordinance has to be met because of the change in use. But of course the (inaudible) if you are talking about a residential building or just an office building that is one thing. But when you are talking about a combined use in one building the ordinance is very clear. If you would like a copy of the ordinance I will give that to you. Borup: That is what I was going to comment that the problem here is the dual use, not if it stayed at residential obviously nothing would be happening, or if it was strictly office. • Meridian Planning & Zoning Commission October 8, 1996 Page 26 Shearer: I can see the conditional use for the basement apartment. These guys want to put a little bitsy apartment in a house that is probably, definitely not over 900 square foot per floor and probably closer to or not over 1100 square foot and probably closer to 900 square foot. There is enough garbage in here to (inaudible). Stiles: This is just building code and ordinance requirements, it is not any different than any other project we have going in the City. Johnson: I think we can appreciate that. Shearer: I don't think that the ACHD can force an owner to encroach on a neighbors property for a driveway and combined a driveway in an existing unless that other owner wants to do it. Stiles: And ACHD's comment is that if they want a waiver of any of those requirements then they need to request that of ACHD. They do sign on the certificate of occupancies. Shearer: It is turning into a bureaucracy. Johnson: Well those personal opinions all aside there are certain things that we do have to do. I think Mr. Cowan made a good point regarding the nature of his business that I am somewhat familiar with. I would guess and it is true in my business that the handicapped accessibility is certainly lightened by the fact that we don't do much businesses in our offices, we do them more at the business of our clients. That would appear to me to be something that could be varied or conditioned just the fact that the bearing walls would have to moved and it is really not something that would be used I guess is the practical thing I would have to say about that. I don't know that they get much utility if you went to all of that trouble. Maybe that is logic that doesn't have anything to do with ordinances but I can sympathize with that comment. I think that is valid. As far as the occupancy permit those either have to be waived or a variance or something before that can be issued the way I understand that. Unfortunately the little guy gets hit along with Albertsons and everyone else. What is the time frame again on the paving, I didn't understand your comment sir I guess I wasn't listening very closely. Did you say 6 to 8 months or something, is that what you were talking about. Stiles: That is the only thing I was referring to if they couldn't get a paving contractor in there now they would have to wait until spring. Johnson: We are almost out of the paving season and although it seems like we are not. It won't be too long. Meridian Planning & Zoning Commission October 8, 1996 Page 27 Butterfield: We have a great deal of work to do to make that basement happen and it is not going to happen this winter. The existing paving is adequate for Dana to park 2 cars back there right now. We just thought we would provide more parking. Now I do see that there are some sections in the code here that require, that set forth how much parking you need. I haven't been able to get at that yet. As far as Dana's use goes right now, he already had parking for 2 spaces and that is all he needs. I don't know if you have driven past it, it is almost ready. The building has been painted, re-roofed and cleaned up and cutsied and he is ready to move in. He was planning on it this next week and we would have to come to some sort of an agreement on this occupancy permit to make that happen. Johnson: I am not familiar with hose those are issued, whether they are issued on a temporary basis or not. Is there any comment you would have on that Shari? I understand that you don't, I am not asking you to decide now, just procedure is all I was asking about. Stiles: I wouldn't have any problem with issuing the temporary provided they meet or bond for their requirements to meet the ordinance. I would like to do a sign review, there is an existing sign there that is leaning against the building and Cowan: (Inaudible) The sign that is leaning out front right now is just a temporary sign, just wanted to let people know I was coming there. The sign that currently exists, the bottom section of it is a reader board, all we plan to do is insert a panel into that. It is done professionally by sign company. It will be our farmers logo type and (inaudible). It really won't change anything there really than a different look slightly. Johnson: We have an aggressive new ordinance officer that would make sure that you did that. Well 1 don't know, Dennis are there any spec concerns that pefiaps we could help you more with tonight, if not we need to move on here. Butterfield: That is all, the only thing is the basement is, we will probably want a little bit if parking out there for that if we ever get that done. It is not going to happen right now. Johnson: I think we need to make sure that you leave here knowing that the parking is eventually going to have to be paved because that is our ordinance. Butterfield: That is fine, I had planned on that when we put that building drain in there or the parking lot drain in there. Johnson: Any other comments? Borup: Mr. Chairman, at this time the parking is not paved, is that correct? Meridian Planning & Zoning Commission October 8, 1996 Page 28 Buttertield: There is parking for the shop back there. Borup: That is what shown on the plat was the shop parking only. Butterfield: The end stall there is two cars deep and Dana was using that for his residence when he lived in the building. Johnson: It is not all paved? Butterfield: That is paved. Johnson: That part is paved but (Inaudible) Butterfield: Nobody is parking on dirt. Borup: Where is says grass will be paved? Butterfield: (Inaudible) Johnson: That is where we are coming from what you are saying is what is there now in grass will eventually be paved. Butterfield: That will give us three more stalls. Borup: I guess that will answer that. When did you start working on remodeling the house? Butterfield: Dana must have moved out 2 months ago. Borup: And at that time you didn't know if you needed a conditional use permit? Butterfield: We talked to Shari about it and we were trying to persuade her, she is very good at what she does, (inaudible). She said that we would have to get, to go through this conditional use, but we did not realize that we would be dealing with the office. We thought we were dealing with the basement. Borup: So at that time you though# you would proceed right ahead with the office? Buttertield: Right Borup: Other than bring it up to building code because of the change in use are you still planning on that? Meridian Planning & Zoning Commission October 8, 1996 Page 29 Buttertield: Well as far as what is required for fire I think that is quite reasonable. I, we worked on the heating system which we have taken out permits for. We have got electrical, there is some work being done there. The plumbing has had a little modification there as well. All of those are being permitted. Borup: I think probably the electrical and the others are the most pertinent parts. What items are causing you a hardship here on opening up the offices? Which specific items are causing a problem with the office opening? Butterfield: Well the parking situation is something that takes time. If you require more on the handicapped than what we have done that would require some demolition and redo. The floors in the building are all hardwood floors and they are nice, we don't want to have to (inaudible). Borup: So really it is just the parking mainly and then ACHD really had some requirements. I don't know how that is dealt with. Butterfield: We will go ahead, as Shari indicated we do have the opportunity to write our request to them. Obviously we don't have any control over the property next door. It is for sale right now and the person who is trying to sell it isn't going to want to do anything with it. We don't think that we should have to to be required to work on someone else's property. Shearer: Actually this property is zoned (inaudible) the way I see it if we forgot about the apartment they could move in and do the thing right? Johnson: Yes but not according to the ordinance because it is dually used. Borup: He is saying if it did not have the apartment. Johnson: Wetl if. Stiles: Ada County Highway District signs all certificates of occupancy. The comments they made, they are stating their policy. Butterfield: We found it really interesting that they wanted to change the entrance to that driveway when everyone of them was just put in a few years ago. They are all the same, so ours would be pretty unique. We paid $1400 for ours and it is wider than anybody else's because it is combined driveway, best one on the block. Johnson: Okay, where are we going with this? Is there anyone else from the public? I will Meridian Planning & Zoning Commission October 8, 1996 Page 30 close the public hearing at this time. Shearer: I move we have the attorney prepare findings of fact and conclusions of law. Borup: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on the Butterfield application, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Any other comments from staff or anyone? If not I will entertain one more motion. Shearer: I move we adjourn. Borup: Second Johnson: Moved and seconded we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 9:06 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: \````~~ ~~u~ n-'~'~~~'• - ~~~L WILLIAM G. BERG, JR., CI C RK ~ .~ %~''~p'~r 1st • 1~' ~p`~•.' APPROVED: MERIDIAN PLANNING 8 ZONING COMMISSION MEETING: OCTOBER 8.1996 APPLICANT: THE WESTPARK COMPANY AGENDA ITEM NUMBER: 1 ~ 2 REQUEST; REQUEST FOR PRELIMINARY PLAT AND CONDITIONAL USE PERMIT FOR THE RANCH 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: ~~~ LI ~ . ~~~1 ~ All Materials presented at public meetings shall become property of the City of Meridian. ~;~ ~ CONTRACTORS SOUIPMENT SUPPLY COMPANY ~CSSCO L CONDITIONAL USE PERMIT LOT 1, BLOCK 1, PLAYGROUND SUBDIVISION EAST OF LOCUST GROVE ON OVERLAND ROAD MSRIDIAN, IDARO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on 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, the Applicant's representative., Mark Canfield, appearing and the Planning and Zoning Commission having heard and taken oral and written testimony and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 16, 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; that the public was given full opportunity to :express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property is located within the City of Meridian and is currently used as The Playground on East Overland Road; there is exposure to the Interstate; and the property described in FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 1 the application which description is incorporated herein; that the land is in a Mixed/Planned Use Development area as set forth in the Meridian Comprehensive Plan. 3. That the property is currently zoned C-G, General Retail and Service Commercial. 4. That the zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-G1 General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development; 5. That the Applicant is the owner of record of the property and has requested this Conditional Use Permit and the Application is not at the request of the City of Meridian. 6. That the property is currently being used as a golf driving range open for business form 8:00 until 10:00 p.m., seven days per week. 7. That the proposed use by the Applicant is to develop the property for a John Deere Dealership, providing sales, service, and parts for John Deere products; that the 10 acre site will house a 24,000 square foot commercial building; that the current number of employees at its present location in Boise is approximately 25; that the business hours will be from 8:00 a.m. to 5:00 p.m., Monday through Friday, but the Applicant's representative stated there may FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 2 be possible occasional longer hours from 6:00 a.m. to no later than 7:00 p.m. 8. Applicant states that the same type of development is in the area with Western States Caterpillar, Arnold Equipment, and Meridian Ford located to the west of the proposed development and Transport Truck & Trailer proposing to develop to the east. 9. That the City Planning Director, Shari Stiles and the Assistant to the City Engineer, Bruce Freckleton, submitted comments and they are as follows: 1. That any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the public Works Department. 2. That any existing domestic wells and/or septic systems with this project shall be removed from their domestic service per City Ordinance, except that wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans. 4. Provide five foot (5') wide sidewalks in accordance with City Ordinance Section 11-9-606.B. ACBD will require deposit into their trust fund for future sidewalk construction on Overland Road. 5. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 6. Bonding will be secured by any uncompleted improvements prior to temporary Certificate of Occupancy being secured. 7. Coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 3 policies. Fire hydrant locations shall be depicted on building plans. 8. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 9. That the Applicant respond in writing to each of the comments, both General and Site Specific, and submit to the City Clerk's Office prior to the scheduled hearing. 10. That Bruce Freckleton and Shari Stiles submitted site specific comments and they are as follows: 1. Utility locations need to be included on the plan for approval by the Public Works Department. 2. Sanitary sewer service for this project doesn't exist at this time. Sewer service to this site shall be directed to the future Five Mile Creek Sewer trunk line extension. A sanitary restriction was placed on this lot during the platting process for The Playground Subdivision. A sewer service was temporarily installed for the small temporary building used as a part of the driving range. The Applicant has indicated a desire to temporarily sewer to this existing service, if physically possible. An easement from the adjacent property owner would need to be secured for this purpose. CESCO has verbally indicated they will pay their proportionate share for the proposed Five Mile Trunk Extension, as this parcel is included in that sewer drainage area in the City's Facilities and Comprehensive Plans. Details for this arrangement will need to be addressed in the development agreement, the recording of which must take place prior to issuance of a building permit. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. 3. Water service for this development shall be off of an extension of the existing 12" diameter main in Overland Road. The main must be extended to the eastern most property boundary line. The Applicant's engineer is to coordinate routing with the Meridian Public Works Department. Water lines shall be located on the north side of roadway centerline. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 4 4. Provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties as determined by the City of Meridian. 5. A development agreement was required as a condition of annexation. Although sales lots are a permitted use in the C-G zone, the annexation of The Playground was conditional and required a development agreement. CESCO has submitted this application to comply with the City's request and to permit amendment of the development agreement entered into between the City of Meridian and Michael and Sue Clark. Creation of an additional development agreement may be needed for this parcel's use if it cannot be amended through the existing document. 6. All landscaping is to meet the requirements of Ordinance Section 11-2-414.D.2. The landscaping proposed appears to exceed those requirements. Trees along Overland Road shall be three-inch (3") caliper minimum. The landscaping plan shown is not to be changed from that shown without written approval of the Planning & Zoning Department. Detailed landscape plans will be reviewed during the building permit approval process. A minimum 35 foot landscape setback is required on Overland Road and Interstate I-84. 7. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department. 8. ACHD has approved a driveway access 9' from the eastern boundary of this parcel, with a cross access agreement required to the adjacent property (site proposed by Transport Truck and Trailer). 9. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 10. The area shown as parking on the eastern boundary shall be paved; all off-street parking spaces are to be paved and striped in accordance with Meridian City Ordinance Section 11-2-414. Sixty-six (66) parking spaces are provided (1:364 s.f.). This would appear to meet Ordinance requirements, depending on actual floor plan. FINDING3S OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 5 11. Application states hours of operation are to be from 8:00 a.m. to 5:00 p.m. 12. Any expansion of operation/ownership change shall be subject to Council review. 11. That the Nampa and Meridian Irrigation District, City Fire Department, City Police Department, Ada County Highway District, and Central District Health Department submitted comments and they are incorporated herein as if set forth in full. 12. That the Nampa and Meridian Irrigation District submitted comments; that the Cook Lateral courses along the south boundary of this project; that the right-of-way of the Lateral is 30 feet; 15 from the center facing downstream; that the developer must contact the District for approval before any encroachment or change of right-of-way occurs; that the District requires a Land Use Change/Site Development application be filed for review prior to final platting; that all laterals and waste ways must be protected; that all municipal surface drainage must be retained on site and if any surface drainage leaves the site, Nampa and Meridian Irrigation District must review drainage plans; that the developer must comply with Idaho Code 31-3805 and that it is recommended that irrigation water be made available to all developments within the Nampa and Meridian Irrigation District. 13. That the Ada County Highway District submitted comments in regards to John Deere, Bill Rowell and Sundance Subdivision and access to Overland Road east of Locust Grove Road; that a joint solution to the multiple driveways on Overland Road maintaining the District's required 230 foot separation between driveways based on a 45 mph speed limit is necessary; that Mr. Howell has agreed to relinquish the approved driveways associated with his project of FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 6 the Transport Truck & Trailer with the approval of the following driveways from east to west: Howell parcel: 1. A 40 foot wide driveway 560 feet east of the site's west boundary. 2. A future driveway located 230 feet from both driveway #1 and driveway #3 (a range of approximately 100 feet). John Deere parcel: 3. A 40 foot wide driveway, located 9 feet west of the site's east boundary with a cross access easement to the Howell parcel. Sundance parcel: 4. A future driveway located 230 feet from both driveway #3 and an existing driveway to Lot 2 of the Playground Subdivision (a range of approximately 110 feet). The Sundance parcel has the choice of additional driveways or streets (total of 3 maximum) that may either align with driveways #1, #2, or #3, or be offset 230 feet to the east of driveway #1 (assuming no additional conflicting driveways). 14. That the Applicant's counsel, John McCreedy, has submitted written response to the staff comments of the Assistant to the City Engineer, Bruce Freckleton and Planning Director, Shari Stiles, and they are incorporated herein as if set forth in full. 15. That the Applicant, Mark Canfield, testified that John Deere is an industrial equipment dealer which is currently located by the Boise City Airport; that the airport is expanding the north runway operation and has forced John Deere into making a move; that property, formally known as The Playground, the driving range portion, has been purchased and was recently replatted; that the Applicant proposes building a 24,000 square foot facility on FINDING3 OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 7 r approximately 10 acres within that site that will service for selling parts and working on the equipment that is sold; that the front portion of the building is office space and there are approximately 66 parking spaces; that currently approximately 28 employees are employed with the anticipation of approximately 30 plus people more; that there will be landscaping along the Overland Road route and on this project's east and west borders; that there will be a display berm similar to that of Western States and Arnold Machinery along I-84 and the north border; that the hours of operation will be Monday through Friday, B:00 a.m. to 5:00 p.m. and that during busier construction seasons the hours of operation may need to be extended from 6:00 a.m. to no later than 7:00 p.m. 16. That legal counsel for the Applicant, John McCreedy, testified; that the Applicant has been at the Boise facility since 1955; that it is a very stable company and a very stable business; that Mr. McCreedy wished to modify his earlier response to the staff comments; that since the Ada County Highway District is planning, in the future, to expand Overland Road and it therefore be a waste of money to the the Cook Lateral to have it later ripped out for expansion of Overland Road; that the Applicant is willing to the the Lateral unless the City and the Nampa and Meridian Irrigation District agree otherwise; that in a discussion with John Anderson at the District, he preliminarily indicated that it would be a waste of money to the the Lateral; that the requirement of determining the seasonal ground water, high ground water and subsurface soils will be complied with; that having the facility open from 6:00 a.m. to 7:30 p.m. would be on an as needed basis only; that this project is harmonious with the general FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 8 vicinity and fairly compatible; that the bright lights from the driving range will be removed; that the comments submitted by the Ada County Highway District (ACRD) will be complied with; that ACHD has worked with the Applicant to expand the radiuses from the traditional 15 degrees to 25 degrees to accommodate swing turns for longer semi-trucks and granted the maximum driveway width to 40 feet; that there will be a low profile sign in the area of the driveway on the Overland Road side of the property; that along I-84 another sign is anticipated similar to that of Western States and Arnold Machinery; that the display sign would be an elevated sign in the area of the berm and meet City Ordinances with regard to height and lighting; that the building will be single story with approximately 20 to 24 foot high ceilings in the area of the parts warehouse and shop; that the back half of the facility, the northern portion toward I-84, will be fenced and the trash areas screened. 17. Meridian City Engineer Gary Smith testified that there is a sewer that was extended through the RV overnight park but how far east it goes from the RV park and whether it was extended through Lot 2 is unknown; that it is not certain whether it was completed and that the construction was not inspected by the City; that the City doesn't know how deep it is or if it is physically possible to sewer into this lot or not; that when requested by Dr. Clark to write a letter concerning sewer service to Lot 1, Mr. Smith stated that sewer service was available to Lot 1 as pertains to a support facility building for the driving range; that at the time the plat was recorded, sanitary restrictions were placed on the plat by Central District Health Department concerning construction on Lot FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 9 1 and that the restrictions may or may not have been lifted off of that plat; that the concern is, and has always been, that once you start getting sewage from an adjacent drainage area into a drainage area that was not intended to accept that sewage, there exists the possibility of problems in the future for capacity in the sewer line to serve an area that is outside of the drainage area for the specific sewer line; that the City does not have a time table for extension of the Five Mile Creek sewer line under the Interstate; that the need for the Applicant to provide high water, high ground water elevation, and profiling of subsurface soil condition on this site was because of problems with water in crawl spaces and under foundations; that there is a clay layer in this area and the above comment is a standard comment put on all reviews; that once in a while, pockets of perched water tables are discovered that can cause grief and the profiling is just a precaution. 18. In the Meridian Comprehensive Plan it is stated: A. Franklin, Overland/I/84 Mixed Use Policies, Page 28 That in the Meridian Comprehensive Plan it is stated under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, Page 28., as follows: 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. 5.10 Development should be conducted under Planned unit aroposed. (Emphasis added.) 5.11 The character, site improvements, and type of development should be harmonized with previously- developed land in the area, and where located FINDINGS OF FACT AND CONCLUSIONS OF LAW - C88C0 PAGE 10 adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. B. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access. points along arterials and collector streets will be required. 5.14U Because these areas are near I-84, Franklin and Overland Roads, high-quality visual appearance is essential. All development proposals in this area S.15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. Under TRANSPORTATION, Page 43 1. Existing Conditions Overland Road is listed as a minor arterial. C. Under COMMUNITY DESIGN, at Page 72. 1. Entryway Corridors d. Overland Road (North and South entrances). 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 73 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 landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 11 19. Section 11-9-605 G, PLANTING STRIPS AND RESERVE STRIPS, of the Subdivision and Development Ordinance, states that 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 and that such screening shall be a minimum of twenty feet wide and shall not be part of the normal street right-of-way or utility easement. 20. Commissioner MacCoy and Mr. McCreedy had discussion regarding the signage, the size of the building and the screening of the trash receptacles. 21. Mr. McCreedy added that John Deere, CESCO, wants to do whatever it takes to satisfy the City's conditions. 22. There was no other public testimony given. 23. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the Meridian Comprehensive Plan states that the property would only be capable of being developed under the FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 12 conditional use permit process with design review to ensure neighborhood compatibility; therefore a conditional use is required for development of the property, which is what the Applicant has applied for in conformance with the Zoning Ordinance, which requires a conditional use for a tractor sales lot and a repair facility.. 4. That since the Meridian Comprehensive Plan states that the City shall require, as a condition of development approval, landscaping along all entrance corridors and states that landscaped setbacks for new development on entrance corridors are encouraged and the Planning and Zoning Director and the Assistant to the City Engineer stated that there should be a 35 foot landscaped setback from Overland Road, the property shall have a 35 foot set back for landscaping. 5. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by Ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan and Zoning Ordinance. c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGB 13 • • e. The property does not have sufficient sewer service available and provisions for Applicant, at its cost, to supply the necessary sewer service must be worked out as a condition of granting this conditional use permit; water service is available but Applicant must put in sufficient lines to serve the use. It is to be noted that the City does have sewer and water late comers provisions that the Applicant may be desirous of requesting. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community, but Applicant must incur the cost of installing any water, sewer, or other utilities. g. The use would not involve a use, activity, process, material, equipment or conditiona of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. That since the Meridian Comprehensive Plan states under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, at Page 28, in Sub-Sections 5.10 and 5.14U, that a) development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed, and b), all development proposals in this area will be subject to development review guidelines and conditional use permitting procedures, it is concluded that this application for a conditional use should be granted, but that as required and stated above in this paragraph it should be subject to development review guidelines. 7. That the Applicant shall also be required to do the following: a. Meet the requirements placed on the property during its annexation and zoning. FINDINGS OF FACT AND CONCLUSIONS OF LAN - CESCO PAdE 14 b. Meet the requirements of the development agreement that was entered into by Applicant's predecessor in title. c. Meet the requirements and comments of the City Engineer, the Assistant to the City Engineer, and the Planning and Zoning Administrator and submit a landscape plan to her for approval. d. Meet the Ordinances of the City of Meridian, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, Uniform Mechanical Code, the Fire and Life Safety Code, all parking and landscaping requirements. e. Meet the requirements and conditions of the Ada County Highway District, Nampa & Meridian Irrigation District, Central District Health Department, City Fire and Police Departments. f. Meet all of the representations of the Applicant unless they are in conflict with the above requirements or City Ordinances. 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 COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~<< VOTED ~~ ~`'~~ ` VOTED VOTED~~~ i VOTED L ~~_ +~~~ P 6 ~~ ~f ~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - CESCO PAGE 15 DECISION AND RECOMMENDATION 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, specifically resolving sufficient sewer and water service for all of Applicant's land included in this Application. MOTION: APPROVED ~~" DENIED '` 'J„~ 1'~I`~(~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - C88C0 PAGE 16 MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 8.1886 APPLICANT: BRAD 8~ DEBBIE MILLER AGENDA ITEM NUMBER: 3 REQUEST; REQUEST FOR A CONDITIONAL USE PERMIT FOR KARATE CLASSES 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: ~~ ~~ .. l ~/ ~~~ l ~~ ~~ All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER 16.1996 APPLICANT: BRAD 8~ DEBBIE MILLER AGENDA ITEM NUMBER: 1 REQUEST; REQUEST FOR CONDITIONAL USE PERMIT FOR KARATE CLASSES 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: COMMENTS ~~ ~N~ ;~ 4~ ~ r jcY, All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission August 13, 1996 Page 52 Weast: From the centerline of Franklin. As far as this letter I did not receive this letter, the one from the City of Meridian. Johnson: Did you receive it Brad? (Inaudible) Weast: This is all news to me. Johnson: Usually it is mailed or always it is mailed to the applicant is it not? (Inaudible) Weast: Back to this berm deaf, I think we have a communication gap here somewhere. Johnson: I am certainly part of that communication gap. Weast: I always thought it was to the east of the building and that was the big deal and so that is what I have been working on. Johnson: Thank you, if there are no other comments then I will close this public hearing. What would the commissioners like to do. MacCoy: iVlr. Chairman, I propose that we table this until the next meeting which is 9-10 at that time the owner of the property will have a chance to meet with our staff and pound out exactly what material was written for him does say. Oslund: Second Johnson: We have a motion and a second, any discussion? T! ~e motion is to table the item until next month. Borup: Is this so the applicant can discuss the landscaping? MacCoy: No, it is to the whole thing, all of the staff comments. He said he never had a chance to read and digest those. So I think we are (inaudible) but to table. Johnson: Okay are we read for a vote, all those in favor? Opposed? MOTION CARRIED: All Yea i • BEF/OyR~T$8 PLANNING AHD ZOHIHG COMMISSION OF THE CITY OF MERIDIAN -~ ~ DOUG TAMURA AND ARTHUR BERRY ~~J ` CONDITIONAL USE PERMIT C~ V FOR COMMBRCIAL PLANNED UNIT DEVELOPMENT <^` \J, ~J; NORTHWEST CORNER OF LOCUST GROVS ROAD AND FRANKLIN ROAD EAST 1/2 SE 1/4 SE 1/4 SECTION 7, T.3 N., R.l E., B.M. WEST 1/2 SW 1/4 SW 1/4 SECTION 8, T.3 N., R.1 E., B.M. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on June 11, 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 tabled to July 9, 1996, and having heard and taken oral and written testimony, then continued again to August 13, 1996, the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant, Doug Tamura, appearing in person, then tabled the matter to September 16, 1996, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 9, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the public was given full opportunity to express comments and FINDINGS OF FACT AND CONCLUSIONS OF LAW - TAMURA-BERRY PAGE - 1 submit evidence; that the matter was then continued to August 13, 1996, hearing; that the public was given full opportunity to express comments and submit evidence; that the matter was tabled again to September 16, 1996, and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for conditional use permit is described in the application, and by this reference is incorporated herein; that the property is approximately 36.5 acres in size. 3. That the property is presently zoned by Ada County as R-T (Rural Transition); that the Applicant has requested that the property be zoned General Retail and Service Commercial (C-G) and I-L Light Industrial and has requested annexation and .zoning for a commercial planned unit development. 4. The Applicant's application stated that the subject property is centered on the section line for Sections 7 and 8, Township 3 North, Range 1 East and is bordered on the south by Franklin Road; that the contiguous properties on the west, north and east are currently zoned I-L; that Builder's Marketplace is to the west, Anderson Lumber purchased the property to the North and Layne Industrial Park and Locust Grove Industrial Park are located to the east; that the Meridian City Comprehensive Plan recommends that this parcel be developed as commercial Planned Unit Development; that the Applicant is proposing a five (5) building complex as the first phase of a four phase project; -that the FINDINa3 OF FACT AND CONCLUSIONS OF LAW - TAMURA-BBRRY PA(;S - 2 proposed buildings will be of concrete tilt up construction 100' X 225'; that all the buildings in the complex will be built with the same materials and will share common parking, access and ingress and the complex will have an association that will maintain all of the common area landscaping and parking lots; that because of the future proposed street improvements to Locust Grove, it is the Applicant's intention to develop the north half of the parcel first and let the market place dictate the type of commercial development that should be placed at the corner of Franklin Road and Locust Grove and that the Applicant agrees to pay additional sewer, water or trash fees as it relates to the project. 5. That the property is adjacent and abutting to the present City limits. 6. That Doug Tamura and Arthur Berry are the Applicants; that the Applicants own the land and have consented to this conditional use permit and the application is not at the request of the City of Meridian. 7. That the property could be physically serviced with City water and sewer. 8. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as being in a Mixed/Planned Use Development area. 9. That the Meridian Police Department, Fire Department, the Assistant to the Meridian City Engineer, Ada County Highway District, City Planning Director, Central District Health FINDINC3S OF FACT AND CONCLUSIONS OF LAW - TAMURA-BERRY PAQ'E - 3 Department, and the Nampa 6 Meridian Irrigation District submitted comments; that those comments are incorporated herein by this reference as if set forth in full. 10. That Bruce Freckleton, the Assistant to the City Engineer, submitted the following comments: 1. That off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. That paving and striping, shall all be provided in accordance with City Ordinances and in accordance with Americans with Disabilities Act (ADA) requirements. 3. That a drainage plan designed by an architect .or an engineer shall be submitted for all off-street parking areas and all site drainage shall be contained and disposed of on-site. 4. That outside lighting shall. be designed and placed so as to not direct illumination on any nearby residential areas. 5. That all signage shall be in accordance with Meridian City Ordinances. 6. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 7. Provide sidewalks in accordance with City Ordinance Section 11-9-606.B. 8. That all construction shall be in accordance with the Americans with Disabilities Act. 11. That Bruce Freckleton submitted site specific comments and they include the following: 1. Water service to the proposed site could be to the. existing 10" diameter water line installed along the easterly side of Locust Grove Road; that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - TAMURA-BERRY PAGB - 4 Public Works Department be provided with information on the anticipated fire flow and domestic water requirements for the proposed site; that the Applicant will be required to construct new mains along the east and south frontages of the site; that size and locations shall be determined by the Public Works Department; that the new main in Franklin Road will have to be extended across the frontage of the Builders Masonry Products parcel to complete the loop to another existing 12" main. 2. That Sanitary Sewer service to the proposed site could be to the existing main line installed along the Five Mile Creek, directly adjacent to the west. 3. That the treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated; that approval of this Application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. 4. Water service to this development is contingent upon positive results from a hydraulic analysis b our computer model. 5. Assessment fees for water and sewer service are determined during the building plan review process. Applicants shall be required to enter into an Assessment Agreement with the City of Meridian. In addition to these assessments, water and sewer "Late Comers" fees will also be charged against this parcel to help reimburse the parties responsible for installing the sewer mains to their current points. 6. Please revise the site plan to show the existing 20 foot wide City of Meridian Sanitary Sewer Easement. Free access to the existing sewer main must be maintained at all times. There is an existing gravel access road along the route of the sewer trunk line. Each manhole must be accessible to truck and trailer mounted flushing equipment. No trees shall be placed within the sanitary sewer easement. 12. That the Planning and Zoning Administrator, Shari Stiles, submitted comments. and they are incorporated herein as if set forth FINDINOS OF FACT AND CONCLUSIONS OF LAW - TAMURA-BERRY PAt;E - 5 in full and include the following: That ACHD reviewed this project on May 31, 1996; however, the Applicant took exception to several requirements ACHD imposed; that among the items being deliberated are the extension of Lanark Street a public street to the west, whether ACRD will reimburse the Applicant for the entire rigtit- of-way to be dedicated along section line for future Locust Grove Road, and access locations. 2. That a 35 foot (35') landscape setback (lot) is required adjacent to Franklin Road as a condition of annexation; that a minimum ten-foot (10') landscape setbacks should be provided along the existing and future Locust Grove Roads. This property is located in an area designated as Mixed Planned Use Development on the Meridian Comprehensive Plan's generalized land use map. Development as a Planned Unit Development - General under the conditional use permit process is required. 4. Location of landscaping in future required right- of-way on Locust Grove Road and within the Evans Drain easement is not acceptable. A minimum of ten percent (108) of the gross land area is to be landscaped open space under PUD requirements. 5. All ditches,. including the Evans Drain, are to be tiled per City Ordinance unless a variance is requested and granted by the City Council. 6. Non-combustible fencing is to be installed outside .the Union Pacific Railroad right-of-way prior to obtaining building permits. No encroachment of this 200' right-of-way will be permitted per City policy. 7. Sidewalks are to be provided adjacent to all public right-of-way; submit approval letters from Ada County Highway District for work within their respective rights-of-way; pedestrian walkways within development are to be a minimum of five feet (5') wide. 8. Provide a minimum of one (1) three-inch (3") caliper tree for every 1,500 square feet of asphalt; provide a detailed landscape plan that FINDINGS OF FACT AND CONCLUSIONS OF LAW - TAMURA-BERRY PAOE - 6 includes sizes of plants for approval. 9. Parking stalls are to be a minimum of 19' long with minimum 25' wide driveways. 10. A Certificate of Occupancy must be received prior to utilization of any building and must be signed by the Building Department, Fire Department, Planning and Zoning Department and all agencies; that phasing of improvements for tiling of ditches and fencing should not be permitted. 11. Signs shall meet the Uniform Sign Code and City Ordinance and shall be subject to design review. 12. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties. 13. All uses on this property must be approved through the conditional use permit process; that any changes to an approved plan may require additional hearings. 14. Provide handicap parking striping, signage and ramping per requirements of the American with Disabilities Act. 15. Dedication of required right-of-way is required prior to obtaining building permits; that Applicant submit recorded Warranty Deed to City Clerk's office; that ACHD indicates a total of 96 feet is required for the new Locust Grove Road; that 58 feet is required for the existing Locust Grove Road. 16. That Five Mile Creek is to be preserved as a natural feature and is designated in the Meridian Comprehensive Plan as a multiple use pathway; that a detailed plan be provided prior to obtaining building permits; that the City's trunk line sewer traverses Five Mile Creek through this property and that this easement must be preserved and a suitable driving surface maintained for access by City equipment. 17. That a development agreement is required as a condition of annexation. 13. That the Meridian City Fire Department submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - TAMIRA-BERRY PAGE - 7 comments; that all fire codes will need to be met; that street name signs need to be installed before building is started. 14. That the Ada County Highway District submitted comments and they are incorporated herein as if set forth in full. 15. That the Ada County Highway District submitted site specific comments and they have been incorporated herein in Paragraph 9 above and they are noted herein; the important points of those are the following from the designated paragraphs of the District's comments: 1. Dedicate 96 feet of right-of-way for new Locust Grove Road through the site . 2. Dedicate 45 feet of right-of-way from the centerline of Franklin Road abutting the parcel (5 additional fee). 3. Dedicate 58 feet of right-of-way for a new east- west roadway between existing and new Locust Grove Road through this site. 4. Construct new Locust Grove Road to a minimum width of 28 feet through the site, if access is proposed. 5. Construct curb, gutter, 5-foot wide concrete sidewalk, and pavement widening to one-half of a 41 foot street section on existing Locust Grove Road south of Lanark Street abutting the parcel. 6. Construct a 5 foot wide concrete sidewalk on both sides of new Locust Grove Road abutting the site. 7. One right-in/right-out driveway with a 30 foot wide throat on Franklin Road located a minimum of 150 feet from existing Locust Grove and a minimum of 220 feet from new Locust .Grove Road shall be permitted. 8. The easterly full access driveway proposed to be approximately 135 feet west of the new Locust Grove Road on Franklin Road shall not be permitted.. FINDINGS OF FACT AND CONCLUSIONS OF LAW - TAMURA-BERRY PAGE - 8 9. The proposed middle driveway on Franklin Road located approximately 340 feet west of new Locust Grove Road shall be permitted. 10. The 30 foot wide westerly full access driveway on Franklin Road located approximately 580 feet west of new Locust Grove shall be permitted. 11. The southern most driveway on the west side on new Locust Grove Road shall not be permitted. The second driveway north of Franklin Road may be permitted as a right-in/right-out driveway with a 30 foot wide throat located a minimum of 220 feet north of Franklin Road. The third driveway north of Franklin Road may be permitted as a full access driveway if it aligns with the east-west roadway. The fourth driveway north of Franklin road may be permitted if it is a minimum of 150 feet from any other driveway. The fifth driveway north of Franklin Road may be permitted unless the east-west roadway is constructed at the south right-of-way line of the railroad and the driveway shall be a minimum of 150 feet from any other driveway. In any case a maximum of three driveways on this frontage shall be permitted, including street intersections. 12. District policy will apply to any driveways proposed on the east side of new Locust Grove Road. A maximum of three access points on the east side of new Locust Grove Road is permitted, including the required east-west public street connection. 13. Other than the access ,point(s) specifically approved with this application, direct lot or parcel access to Franklin Road and new Locust Grove Road is prohibited. 16. That testimony was continued to the August 13, 1996; that Mr. Tamura testified as follows: That he and Arthur Berry have recently purchased the Ralph Madden property at the corner of North Locust Grove and Franklin Road; that the plan is to develop a four phase project; that the first phase would consist of concrete tilt up light commercial buildings; that the existing properties around this project have all developed as light industrial and in particular the industrial subdivisions to the north and to the east have FINDINGS OF FACT AND CONCLUSIONS OF LAW - TAMURA-BERRY PAGE - 9 been mixtures of different types of building types; that the Applicants would like to see a well planned conceptual project where all of the buildings have more of a planned unit development concept; that they would like to go ahead and run the landscaping along all of the boulevards on both the existing North Locust Grove and the proposed Locust Grove Road along with the Lanark extension; that the Righway District's future plan will be to widen Franklin Road to five lanes with a lighter intersection from Five Mile to Meridian Road and widen Locust Grove from Fairview to Franking Road in a five lane facility that will be a 96 foot right of way; that East Lanark will run from the new proposed Locust Grove all the way to Eagle Road making three paralleling roads, Pine Street, East Lanark and Franklin Road and a ten year plan to build a bridge and extend Locust Grove south; that Lanark would be extended both east to hit Eagle Road and then west to reach Locust Grove for the new proposed Locust Grove; that ACRD would go ahead and redesignate this to more of a local status but still require a 58 foot right-of-way on the existing Locust Grove to Lanark and then the Applicant vacate the northerly portion of Locust Grove from East Lanark to the railroad tracks; that the other three phases at some point in time will be some kind of commercial use and that the Applicant will come back for detailed conditional uses for each on the subsequent uses; that phase 1 and phase 2 would be all of similar type of buildings and look like more or less a campus commercial project; that the property line runs from the existing Locust Grove which is the projects east boundary line, and runs contiguous to Builders Masonry to the west; that the Applicants own everything from there to the railroad right-of-way which includes the Evans Drain; that discussion with the District was to go ahead and road trust both right of way and future street improvements with curb, gutter and sidewalk, and widening the street; that the Applicant would go through the process of vacation totally contingent on the relocation of Locust Grove to the new section line and to develop the two buildings first and then use the existing Locust Grove and leave it as a public right of way until the timing of the new location; that if it looks like this may go long term, the Applicant will go ahead and push the buildings back, match the landscaping buffers so it will look like a finished product even though Locust Grove will be vacated and go ahead and revise the landscape buffer to reflect what the rest of the project looks like; that the Applicant may request a variance to leave the Evans Drain open, but fence the drain versus covering it; that Shari Stiles was requesting that the FINDIN(48 OF FACT AND CONCLUSIONS OF LAN - TAMURA-BERRY PAOE - 10 sewer easement that runs along the northeasterly portion of the drain run through the Applicant's property where the sewer line is at to be dedicated as a pedestrian pathway; that if it could be worked out, Builders Masonry could continue on down to the Evans Drain and make some kind of pedestrian corridor. 19. That John P. Anderson submitted a letter of concern with this development; the letter basically stated as follows: That businesses currently adjacent to his property at 120 N. Locust Grove operate during the day and rarely on weekends; that he would like to see the City of Meridian establish a restrictive covenant that the proposed businesses maintain similar operating hours; that. he is concerned with the traffic, noise and lighting; that his irrigation delivery comes from the Nampa and Meridian Irrigation District's Barker Lateral; that this proposed building site offers the ability. to take care of runoff water and delivery and cannot be blocked; that all irrigation work be done between October 15 and March 15 because there is no quick way to shut off the water if construction interferes with the normal flow of water during the irrigation season; that a traffic signal light be located at the intersection of Locust Grove and Franklin Road to make it safer; that during the construction phase a 6:00 a.m. to 10:00 p.m. curfew be placed. 20. Mr. Tamura added that the site plan configuration has changed to include the Lanark extension through it; that the thought was to do 20,000 foot single level concrete tilt up 100 foot by 200 foot building; that the floor plans and elevations are more or less going to stay the same. 21. That there was no other testimony offered. 22. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under the LAND, GENERAL POLICIES, Section commencing at page 22, it states in Section 1.4U as follows: Encourage a balance of land uses to ensure that FINDINGS OF FACT AND CONCLUSIONS OF LAW - TAMURA-BERRY PAGS - 11 Meridian remains a desirable and self-sufficient community. Under the INDUSTRIAL POLICIES, commencing at page 24, it states in part as follows: 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.4 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.5 Industrial areas should be located within proximity to major utility, transportation and services facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. B. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement, at page 18, the following pertinent statements are made: 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.6 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. Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 it is the policy of the City of Meridian to set aside areas where commercial and industrial FINDINGS OF FACT AND CONCLUSIONS OF LAW - TAMURA-BERRY PAGE - 12 interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 23. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a Mixed/Planned Use Area. 24. That the requested zoning of General Retail and Service Commercial, (C-G) and Light Industrial (I-L) are defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: ~C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development. and encourage clustering of commercial development. (I-L1 Lioht Industrial: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage .the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed FINDIN(i8 OF FACT AND CONCLUSIONS OF LAW - TAMURA-BERRY PAOS - 13 structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 25. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that planned commercial developments, are an allowed use in the C-G district. 26. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 27. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: FINDIN03 OF FACT AND CONCLUSIONS OF LAW - TAMURA-BERRY PAOE - 14 "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 28. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of ~ Meridian; 3. That the Meridian Comprehensive Plan states that the property would only be capable of being developed under the conditional use permit process with design review to ensure neighborhood compatibility; therefore a conditional use is required for development of the property, which is what the Applicant has applied for in conformance with the Zoning Ordinance, which requires a conditional use for a Planned Unit Development - FINDIN(,~3 OF FACT AND CONCLUSIONS OF LAW - TAMURA-BERRY PAOE - 15 Commercial . 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 since the Meridian Comprehensive Plan states that the City shall require, as a condition of development approval, landscaping along all entrance corridors and states that landscaped setbacks for new development on entrance corridors are encouraged, and it was commented by the Planning and Zoning Director that a 35 foot (35') landscape setback (lot) was required adjacent to Franklin Road as a condition of annexation, that it is concluded that the Applicant shall have a 35 foot set back for landscaping along Franklin Road and a 20 foot set back for landscaping along Locust Grove Road, and that Applicant shall perform that landscaping. 6. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian seta forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by ordinance and the Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAPi - TAMURA-BERRY PAGE - 16 b. The use should be harmonious with and in accordance with the Comprehensive Plan but the ordinances require a conditional use permit to allow the use. c. The use, as a condition of the conditional use permit, must 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 if the requirements in these Findings of Fact and Conclusions of Law are met. e. The property has sewer and water service available. f. The use would not create .excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use 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 will be required. i. The development and uses will not result in .the destruction, loss or damage of a natural or scenic feature of major importance. That the Applicant shall also be required to do the following: a. Meet the requirements placed on the property during its annexation and zoning. b. Meet the requirements of any development agreement that is entered into by the Applicant and the City. c. Meet the requirements and comments of the Assistant to the City Engineer and the Planning and Zoning Administrator. d. Meet the Ordinances of the City of Meridian, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, Uniform Mechanical Code, the Fire and Life Safety Code, all parking and landscaping requirements. e. Meet the requirements and conditions of the Ada County FINDINOS OF FACT AND CONCLUSIONS OF LAW - TAMURA-BERRY PAGE - 17 Highway District, Nampa & Meridian Irrigation District, Central District Health Department, City Fire and Police Departments, and other governmental agencies. f. Meet all of the representations of the Applicant unless they are in conflict with the above requirements or City Ordinances. 8. That as additional conditions on the Conditional Use Permit, the Applicant shall prepare and submit a landscape plan to be reviewed and approved by the Meridian Planning Director. 9. That the conditions stated herein, or as ultimately set. by the City Council, shall be agreed to by the Applicant, in writing, and if agreed to the Application should be granted;-that if the conditions are not so agreed on the Application should be denied. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SAEARER COMMISSIONER MacCOY COMMISSIONER JOBNSON (TIS BREAKER) FINDINGS OF FACT AND CONCLUSIONS OF LAW - TAMURA-BERRY rT- VOTED VOTED `i ~~~~~ ' ~ ~ ~ VOTED ~~~~'~ ~% VOTED /Il~,,,,L~~'4~''^ ~i' VOTED PAGE - 18 RECOMMENDATION The Planning .and Zoning Commission hereby recommends to the City Council of the City of Meridian that the property set forth in the application be approved for a conditional use permit under the conditions set forth in these Findings of Fact and Conclusions of Law. MOTION: APPROVED: DISAPPROVED: ?~ FINDINdB OF FACT AND CONCLUSIONS OF LAN - TAMURA-BERRY PAGE - 19 1 EAGLS PARTNERS L.L.C. ANNS%ATION AND ZONING • LOT 1 OF AMENDED MAGIC VIEW SUBDIVISION 603 SOUTH SAGLS ROAD MERIDIAN, IDAHO AMENDED FINDINOS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on July 9, 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 August 13, 1996, the Petitioner's representative, Billy Ray Strite, of BRS Architects, appearing and the Planning and Zoning Commission having heard and taken oral and written ,testimony and having duly considered the matter, the Planning and Zoning Commission makes the following amendments: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 9, 1996, the first publication of which was fifteen (15) days prior to said hearing; and duly considered at the July 9, 1996, hearing and continued until the August 13, 1996 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and FINDINGS OF FACT AND CONCLUSIONS OF LAW - SAGLS PARTNERS Page 1 television stations. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 4.13 (5.21) acres in size. 3. That the property is presently zoned by the county as R- T; that the Applicant requests that the property be zoned C-G, General Retail and Service Commercial for the purpose of improving the described property into a commercial development to include a convenience store with food service, gasoline sales, care wash and a hotel with amenities. 4. That the property is located on S. Eagle Road just north of Interstate I-84; that the property immediately to the south is the newly constructed Jacksons Food Store; that to the east is the new St. Luke's West site; that the application complies with the Meridian Comprehensive Plan. 5. That the owner of record of the above referenced property is Gerald W. and Deloris B. Marlin, they have consented to the application and have requested this annexation and zoning; the application is not at the request of the City of Meridian. 6. That Mr. and Mrs. Marlin have entered into a purchase and sale agreement of the subject property with Terry Debban and Mark Jensen as buyers. 7. That the law firm representing Eagle Partners requested a deferral of the scheduled public hearing for July 9, 1996,. and to reschedule it to the August 13, 1996 hearing, in order to meet with FINDINGS OF FACT AND CONCLUSIONS OF LA1P - EAGLB PARTNSRS Page 2 i property owners adjacent to the subject parcel. 8. That the Meridian City Planning Director, the Assistant to the Meridian City Engineer, Police Department, Fire Department, the Ada County Highway District, Central District Health Department and the Nampa Meridian Irrigation submitted comments and they are incorporated herein as if set forth in full. 9. That Bruce Freckleton, Assistant to the City Engineer, submitted comments and they aze incorporated herein as if set forth in full as follows: 1. That the legal description for annexation included in the application doesn't include a portion of the S. Eagle Road right-of-way between the subject site and the St. Luke's site. Applicant shall submit an annexation perimeter legal description for the proposed site, which shall include all those portions of adjacent Public Rights-of-Way contiguous to the Corporate City Limits of the City of Meridian, (Ord. No. 659, 8/2/94), and 1/2 of all other adjacent Public Rights-of-Ways. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho and shall conform to all the provisions of the City of Meridian Resolution No. 158 and must place this parcel contiguous to the existing city limit boundary. 2. That any existing irrigation/drainage ditches crossing the property shall be tiled per City Ordinance, and should be shown on the site plans; that the plans will need to be approved by the appropriate irrigation/drainage district, or lateral user association, with written confirmation of said approval submitted to the Public Works Department; that no variances have been requested for tiling of any ditches crossing this project. 3. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as FINDIHf38 OF FACT AND Page 3 OF LAW - EAGLS PARTNERS j ~ • landscape irrigation. 10. That Bruce Freckleton submitted site specific comments and they are as follows: 1. Sanitary sewer service could be to the existing line installed in Magic View Drive directly adjacent to the south. 2. That water service to the proposed site could be to the existing water line being installed along the northerly side of Magic View Drive; that the Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 3. That assessment fees for water and sewer service are determined during the building plan review process; that the Applicant shall be required to enter into an Assessment Agreement with the City of Meridian; that in addition to these assessments, water and sewer Late Comers fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 4. That water service to this development is contingent upon positive results from a hydraulic analysis. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection to the third floor of the hotel building. 5. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated; that approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. 6. That the Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 11. That the Planning and Zoning Director, Shari Stiles FINDINGS OF FACT AND CONCLUSIONS OF LAW - SAGLB PARTNSRS Page 4 submitted comments and they are incorporated herein as if set forth in full; she commented, basically, as follows: 1. ACRD, ITD, the applicants and adjacent property owners are working to determine if the existing traffic light can be moved to Magic View Drive. If this can be accomplished, it may alleviate some of the concerns of the adjacent property owners. If this is not accomplished, a public road. right-of- way must be dedicated from the existing traffic light location to the west property line. Across access agreement will be required to the adjacent property to the west for circulation purposes. Customers from Jackson's will undoubtedly cross through the parking lot to utilize the traffic signal, particularly if they desire to travel north on Eagle Road, if the signal is not relocated. 2. The Applicant is proposing a fifteen-foot (15') landscape setback on Eagle Road and Magic View Drive. Jackson's was required to have a thirty- five-foot (35') landscape setback on Eagle Road and a twenty-foot (20') landscape setback on Magic View Drive. The berming detail for Eagle Road included in the application may create the illusion that there is more landscaping and may be justification for reducing the thirty-five-foot (35') width. 3. Sidewalks are to be provided adjacent to all public right-of-way. Submit approval letters from Ada County Highway District/Idaho Transportation Department for work within their respective rights- of-way. Provide a copy of the recorded warranty deeds for needed roadway dedication prior to obtaining building permits. Drive-through requires enclosure on the property line with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties. A six-foot (6') high masonry wall shall be constructed prior to obtaining building permits along the northern and westerly boundaries of this property. 5. Twenty-foot (20') planting strips are required adjacent to residential use; this could be reduced with construction of masonry wall. Area shown as lawn is not to be replaced with bark, rock, etc. FINDINGS OF FACT AND CONCLUSION8 OF LAW - EAGLS PARTNBRS Page 5 6. A minimum of one (1) three-inch (3") caliper tree is to be provided for every 1,500 square feet of asphalt. Provide a detailed landscape plan that includes sizes and species of plants for approval prior to obtaining building permits. Landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 7. Parking stalls are to be a minimum of 19' long with minimum 25' wide driveways. A Certificate of Occupancy (CO) must be received prior to operation. This CO must be approved by the Building Department, Fire Department, Planning & Zoning Department, and all agencies. Phasing of improvements for perimeter landscaping, tiling of ditches, fencing and roadway improvements will not be permitted. 9. The speaker location is not shown - system shall be designed to alleviate impact on neighboring residential and not be louder than 55 decibels at property line. 10. Signs shall meet the Uniform Sign Code and City Ordinance. Signs similar to that erected at Jackson's on Eagle Road will not be permitted. 11. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties. Shrouding of lights will be required for the Chevron canopy, and no certificate of occupancy, temporary or otherwise, will be issued until this shielding has been completed. No building permits will be issued unless shrouding of the canopy is included on the building plans. 12. All uses on this property must be approved through the conditional use permit process. Changes to an approved plan will require additional hearings. 13. Provide signage and ramping for handicap parking spaces per ADA requirements. 14. A development agreement is required as a condition of annexation. 12. That the Ada County Highway District submitted comments, and they are incorporated herein, as if set forth in full; that FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 6 ,' District staff concurs with the assessment of Ms. Stiles regarding the future land use development anticipated on the west side of Eagle Road in the vicinity of the Eagle Road Interchange and that plans for a public road should be made to enable traffic from that developable area to have improved access to State Highway 55 (Eagle Road); that District staff requests that the City only grant conceptual approval of the conditional use permit at this time, but defer specific approval of the site plan to permit the District to resolve the matter. 13. That testimony at the July 9, 1996 hearing was given by Ted Hanson; that he only wanted the Commission to answer how the impact plan can allow for commercial against residential property. 14. That Commissioner Johnson stated that there are conditions for buffering commercial against residential; that acceptable buffering, which is mandated, is determined by the Council and is usually a requirement outlined in the Comprehensive Plan. 15. That John Jackson, testified regarding questions he has of the administration process; that he too, is a busy man, travelling a lot, and has attended meetings to give comment, to later find out it has been cancelled; that he questions if there is a way of knowing ahead of time if an item scheduled for public hearing has been cancelled. 16. Commissioner Johnson stated that the items are not cancelled, only deferred; that deferrals have come in to the City at the 11th hour and by calling the City Clerk asking for any FINDINGS OF FACT ARD CONCLUSIONS OF LAW - BAGLE PARTNSRS Page 7 . ) • • recent action to an item could be a time saver; that there is another public hearing at the City Council level and that hopefully the application would not be deferred forever. 17. That at the August 13, 1996, public hearing, the Applicant's representative, Billy Ray Strite, testified that the site plan #5 is the third edition of revisions predicted on neighborhood comments as well as the Ada County Highway District and Idaho Transportation Department comments; the site is in the Urban Planning Area and is designated commercial in Meridian's Comprehensive Plan and that area surrounding the site is designated mixed use; that the concern of the neighbors was a signal light lying at the north boundary, northeast corner of this particular site; that the latest proposed changes are to add a buffer zone along the north right-of-way and the road alignment and location of the actual street improvements signalization; that this site is located on the intersection of a federal highway and a state highway, each presently carrying greater than 30,000 cars a day with the potential designed for 40,000 cars a day; that for obvious reasons, the amount of traffic, this particular site is not adequate or deemed for residential use or quite frankly office use; that for the reason of high traffic demand, the comprehensive plan states that commercial use is, in fact, the best use for such parcel; that if the annexation and zoning is approved, and the neighbors and neighbor to the south are not in objection, that the traffic signal be located differently; that the roadway to the north be eliminated, the residential buffering remaining, and then FINDINGS OF FACT AND CONCLUSIONB OF LAW - EAGLE PARTNERS Page 8 r • the project could be expanded to the north by approximately 50 feet, allowing for the development as was originally intended; that this request meets the intent of the updated Comprehensive Plan of 1993 and addresses the design concerns; that this site is a designated commercial site of adequate size and is serviced by existing utilities and adequate street systems. 18. That the following testimony was given at the August 13, 1996 hearing: A. Richard Williams testified that he realizes that the land will be developed; that this parcel is bordered by Greenhill Estates and 110 homes; that he was speaking on behalf of three subdivisions who do agree that this site will be developed but do not feel that there is a buffer of 30 feet between residential homes in value of $175,000 plus with a commercial zone; that this annexation does not meet the comprehensive plan in terms of commercial, specifically residential policies protecting and maintaining residential neighborhood property values, enhancing quality of life; that if this property is annexed that it be L-O, Limited Office and not C-G, General Retail and Service Commercial; that with L-O zoning there would be more of a professional flair and a much higher quality of employment; that the buffer might continue to the westerly portion of Eagle Road as with the hospital across the street; that the residents feels there are more opportunities for employment and economic vitality to the City and a better buffer for their neighborhood; that currently there is a well that serves 50 homes in the community and the residents are concerned for their water source. B. John Jackson testified that he is the owner of the Texaco; that this facility is 500 to 1000 feet from the subdivision; that neighbors don't like it but his business has tried to alleviate the impact on the neighborhood as much as possible by shielding the dimming lights; L-O would be better because hours are generally 8-5, closed in the evenings and weekends; his business pays high impact because of traffic it generates; that it would make more sense for this type of business to be further away from FINDINGS OF FACT AND CONCLUSIONS OF LAW - SAGLE PARTNERS Page 9 ~' the homes and neighborhoods than to snuggle a 24 hour a day type business up to a neighborhood. C. Howard Foley testified regarding Ordinance 2-416 E, the notice provision, and that in addition, notification be given to the area which may also be impacted by the application; that the developer acknowledged additional property owners would be impacted and only 8 lots got notice; he requested that additional owners be notified; that there has been no acknowledgement made by the Commission regarding this additional notice by the Applicant; that the residents of Greenhilla Subdivision 1, 2 and 3 request that the Commission make the determination in the Findings of Fact that those residents in Greenhills Subdivision 1, 2 and 3 be given proper notice; that the deferred hearing scheduled for July 9 was to give opportunity for the developer to meet with the homeowners, which has not occurred; that the residents now face the possibility of 24 hour businesses and multi-story hotel ira their backyards and, by all due respect, the affected homeowners are entitled to the statutory notice. that is required by the Applicant. D. .Bryan Diamond testified that he resides in Greenhill ~3 Subdivision and is opposed to the application; that this type of use will significantly decrease the quality of. life for his family. E. Chuck Hore1 testified of his and other resident's concerns with regard to a well head protection plan; that the residents are worried about contamination and who would be responsible in case of hazardous leaks? F. Steve Brown, attorney for the Applicants, offered testimony; that by the declaration of the people in the audience, i.t shows that a lot of people received notice and it was noticed in the newspaper; that within the Comprehensive Plan, these freeway interchange areas have more intense uses; that one of the problems with locating the traffic light down to Magic View from the north is the concern of the Idaho Transportation Department that it is too close to the interchange and their policies don't permit it; .that the use with the hotel is somewhat of a buffer between the Chevron station and McDonalds and is appropriate for the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAOLE PARTNERS Page 10 .~' G. Marty Seager testified that security with L-O zoning is good; with a hotel or 24 hour McDonalds residents would not know if something was out of the ordinary or normal and therefor the L-O zoning is more appropriate with regards to the security factor. A. Ted Hanson offered testimony asking the developer about allowing truck parking to the west of this development. I. Dennis Nielson testified by commenting that traffic is less if zoned L-O because the hours likely would be from S to 5 p.m. J. Karen Gallagher of the Ada County Highway District testified that the Applicant has been involved in meetings with the District and the District has tabled this matter until September 11, 1996, in order to resolve further issues on the road and working on having some surveys done for the neighborhood to the north and working out some of those distances. K. Sharon Christianson testified that her home abuts this proposed site and that she is opposed to the annexation. L. George Kiler testified that there has been emotional and not factual comments being made; that there is a difference between diverted and generated traffic; that McDonalds and Chevron are compatible; that convenience is the trend the industry is following. M. Rod Truax testified to his opposition to this annexation application to C-G; that referencing a report from the state dated 6/14/94 listing the traffic count at this location prior to St. Lukes opening up was 24,233; that this will significantly increase as things like Sweetwater Junction open up, as improvements are made to the Bighway 55 right-of-way; that as a property owner adjacent to the proposed development, a 30 foot wall in our backyards does not give much aesthetic value to our property and what's more, a detriment to property value and lifestyle in general. N. Jane Butterfield testified with regards to the traffic issue in asking Mr. Johnson what amount of traffic has Jackson's facility generated. FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 11 19. Mr. Strite added that regardless of the determination of the traffic signal and eventual road, the land use issue is not going to change; that Mr. Hull, from St. Lukes, specifically stated at a meeting, that the only reason the signal light is where it i.s today is because ITD insisted the signal light be there; that St. Lukes original proposal was to put the signal light at the intersection of Magic View and Eagle Road; that St. Lukes is involved and will continue to be involved with the signal light issue; that it is believed that at the level being dealt with now that the Idaho Transportation Department (ITD) is solely stuck on numbers and figures and its policy; that this Applicant, Mr. Johnson of Jackson's Food Store, and probably St. Lukes would pay to make the modifications to the signal as it presently stands; that the Applicant has no vested interest in the parcel to the west; that there is no room for trucks to be parking on the north side of this project; that there is only room enough for fire department and emergency turn around. 20. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 21. 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. 22. That the property can be physically serviced with City sewer; that the Assistant to the City Engineer has recently questioned the ability of the City to provide water and water FINDINGS OF FACT AND CONCLUSIONS OF LAi+i - SAGLE PARTNERS Page 12 service is contingent upon positive results from a hydraulic analysis by the City's computer model. 23. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots, commercial and industrial uses. 24. That the land is in a Mixed/Planned Use Development Area in the Meridian Comprehensive Plnn and the following pertinent statements are made in the Plan: A. Under ECONOMIC DfiVSLOPMENT, Economic Development Goal Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 13 Meridian Planning & Zoning Commission December 10, 1996 Page 24 Crookston: I just had a question, are there any I assume that there are not, but I have to ask, are there any canals around your property, ditches things like that? Reed: No Crookston: You don't have a swimming pool on your lot? Reed: No I don't Crookston: Those things have come up before. Reed: I am sure they have. Crookston: Thank you Johnson: Any other questions? Thank you, this is a public hearing is there anyone else that would like to address the Commission at this time? Any further comments? 1 will close the public hearing at this time. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law on 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 ANNEXATION AND ZONING TO I-L BY PROPERTIES WEST INC.: Johnson: We have addressed item 14 by announcement at the first of the meeting, does anyone have any questions regarding item 14 from the audience? I have nothing further on my agenda. Shearer: Mr. Chairman, I move we adjourn. Oslund: Second Johnson: We have a motion and a second to adjourn the meeting, all those in favor? ~.J Meridian Planning & Zoning Commission December 10, 1996 Page 25 Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 8:13 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: 1a~1 ~ _ ~ /' \~ HAIRMAN ATTEST: .~ RR ~~•~° y ''~• ~~ ~ ~1 ~~n ~ ~~ C)~~~ G. BERG, JR., SRAL s of the community are met, while at the same time providing for the efficient use of such lands. B. Under LAND USE EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, (East First Street, Cherry Lane, Fairview Avenue, Franklin and Meridian Roads, and Eagle Road) and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. 2. GENERAL POLICIES, Page 22 The following land use activities are not in compliance with the basic goals and policies of the Comprehensive Plan: a. Strip commercial and strip industrial. b. Scattered residential (sprawl or spread). COMMERCIAL POLICIES, Page 26 a. 4.4U Locate new planned Neighborhood Commercial Centers (3-8 acres) on arterials or collectors near residential areas in such a way as to complement but not conflict with adjoining residential areas. b. 4.5U Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. c. 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. d. 4.8U Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 4. MIXED-PLANNED USE DEVELOPMENT., MIXED-USE AREAS FINDINGS OF FACT AND CONCLUSIONS OF LAIf - EAGLE PARTNERS Page 14 ADJACENT TO I-84, OVERLAND, AND FRANKLIN ROAD Page 27 These areas are unique in that they are surrounded by arterials, immediately adjacent to the freeway (I-84), are relatively level in topography, have a distinct linear shape, and are greatly affected by contiguous industrial, residential and commercial land uses. In order that compatible land uses and efficient use of the land might occur, this corridor is anticipated for a variety of planned, compatible mixed uses. Probable mixed uses for the areas could be commercial, combined medium-to-high density residential, open space uses (as a means to buffer highway noise), tourist lodging, industrial, office, medical, and related land uses. a. 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. b. 5.7 Detailed market studies should be undertaken to explore and clarify the issues that are related to mixed-use development in these areas. c. 5.8 Development in these areas should be based on functional plane and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. d. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. e. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. f. 5.11 The character, site improvements, and type of development should be harmonized with previously- FINDINGS OF FACT AND CONCLUSIONS OF LAN - EAGLE PARTNERS Page 15 developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. g. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. h. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. i. 5.14U Because these areas are near I- 84, Franklin and Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. j. 5.15U The mixed-use area in the vicinity of the Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. C. Under TRANSPORTATION, Page 42 1. Existing Conditions a. I-84 is listed as a principal arterial b. Eagle Road, is listed as a Principal Arterial. D. Under COMMUNITY DESIGN, at Page 72 1. Entryway Corridors a. Eagle Road (North and South entrances). 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 73 FINDINtiB OF FACT AND CONCLUSIONS OF LAIf - EAOLS PARTliSRS Page 16 a. 4.3U Uae the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. b. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Quality of Environment Goal Statement, Page 73 Sustain, ..enhance and promote those elements which contribute to the quality of local environment as an inducement for liveability and business development in Meridian. 5. Policies a. S.lU Preserve the aesthetic natural resources of the Meridian area. b. 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6. Neighborhood Identify Goal Policies, Page 74 a. 6.4U predominantly nonresidential buffers and conditional u nonresidential Limit the residential uses, and mitigation se permits uses are prc conversion o€ neighborhoods to require effective measures through when appropriate ~poaed. 25. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-G1 General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 17 • travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 26. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that Convenience Stores, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district, but as conditional uses; that Service Stations, Retail Stores and hotels are listed as allowed uses in the General Retail and Service Commercial (C-G) district. 27. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoninq Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open apace or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 28. That under 11-2-409, ZONING SCHEDULE OF USE CONTROL, B Commercial, Planned Commercial Development, is a permitted use in FINDINGS OF FACT AND CONCLUSIONS OF LAW - 8AOL8 PARTNERS Page 18 the C-G district and Planned Unit Development - General, is an allowed conditional use in the C-G district. 29. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional coats upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parka and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 30. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, FINDINGS OF FACT AND CONCLUSIONS OF LAID - SAGLS PARTNERS Page 19 if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 31. 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.^ 32. 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." 33. 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;" 34. That Section 11-9-605 R states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi-improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open apace corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; FINDINGS OF FACT AND CONCLUSIONS OF LAiI - 6AGL6 PARTNERS Page 20 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 35. 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 Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 36. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 7. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment. 37. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 21 Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, a o 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 Council 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 FINDINGS OF FACT AND CONCLUSIONS OF LAi~i - EA6LS PARTNERS Page 22 Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be stated as being allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 11. The Applicant has stated its intention as to development, which is to provide a McDonalds Restaurant, Chevron Service Station, and motel/hotel with amenities which may included a convenience store with food service, gasoline sales, and car wash; it is therefore concluded that since convenience stores are only allowed in the C-G District as conditional uses, as a condition of FINDIN(i8 OF FACT AND CONCLUSIONS OF LAUi - BAGLS PARTNERS Page 23 annexation and zoning, that such use or development of the property shall only be allowed as a conditional use and such has been applied for. 12. That it is concluded that since the Comprehensive Plan, under LAND USE, Mixed-Use Area at Franklin, I-84 Mixed Use Policies, in 5.14U, states that all development requests will be subject to development review and conditional use permitting procedures and since the City should have control over any uses that are to be placed on the land, it is concluded that development of the parcel of land is conditioned on being developed as a Commercial Planned Development, which is allowed in the General Retail and Service Commercial (C-G) district, or under the conditional use permit process and Applicant has applied for a conditional use and shall be subject to development review and conditional use permitting procedure. 13. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 14. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G), but only capable of being developed under the conditional use permit process with development review. 15. That, as a condition of annexation and the zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the FINDINGS OF FACT AND CONCLUSIONS OF LAH - EAOLB PARTNBRS Page 24 development agreement shall address, among other things, the following: 1. Inclusion into the development agreement of the requirements of 11-9-605 and 11-9-606 including, but not limited to: 11-9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Piping of Ditches. 11-9-6-6 B a. 14, Pressurized Irrigation. 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, and traffic study. 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the City. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development by specifically meeting the requirements of Meridian Comprehensive Plan stated under Land Uae, Mixed-Use Area Adjacent to I-84, Overland Road and Franklin Road, specifically including 5.8, 5.9, 5.11, and 5.14U which requires development review and a plan must be submitted by the Applicant and approved by the City Council. FINDIN(i8 OF FACT AND CONCLUSIONS OF LAN - EAOLS PARTNERS Page 25 10. Establishing a 35 foot landscaped setback from Eagle Road and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles, but if they conflict with recommendation or requirements approved by the City, those approved by the City shall prevail. 12. The sewer and water requirements. 13. Traffic plans and access into and out of the development. 14. Addressing the concerns of the owners of property in Greenhill Estates, Magic View Subdivision, and Locust Grove Heights Subdivision. 15. Addressing the comments of Assistant to the City Engineer, Bruce Freckleton. 16. 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 the above section does state that the development agreement shall take effect upon the adoption of the Ordinance annexing and zoning the parcel but since no development agreement has been agreed on, or even disouased, and it has been found that such agreements are more effective and workable prior to building permits being issued; it is concluded that the development agreement shall be entered into prior to issuance of any building permit. 17. That it is further concluded that it is recommended to FINDINGS OF FACT AND CONCLUSIONS OF LAfi - SAGLS PARTNERS Page 26 ~~ Ci the City Council that the following be conditions of annexation: a. That to meet the landscape requirements, the Applicant engage a landscape architect to determine the best trees to plant to provide an adequate barrier to protect the homes in Greenhill Estates and Locust Grove Estates; that input from all residents in Greenhill Estates whose home abut the property shall be obtained and the City informed of their desires regarding the barrier; the tree barrier facing Greenhill Estates shall be selected by majority vote of the owners of property which abut the Applicant's property. b. That the Applicant provide a landscape plan for all the developments, for all property, and that it be approved by the City. c. That the motel/hotel shall be constructed prior to the Chevron C-Store and the McDonalds. d. That the motel/hotel shall have no windows or doors on the second floor which face north which are not opaque or which open. e. That there shall be no primary entrance for the motel\hotel on the north side or east end of the structure. f. That the motel be no more than two (2J storys in height. g. That the road shown on the north side of the motel\hotel shall not be placed in any other location on the premises. h. That the drive through window for the McDonalda or Chevron C-Store shall be located and constructed on the south side. i. That the drive through window shall be shielded with a block wall so that vehicles drive between the building and the block wall. j. That the location, size, and heights of all signs for the three business, or other businesses to locate on this property, shall not be higher than eighteen (18) feet above the level of the business where the sign is located; the sign must be approved by the City. k. That there shall be no flashing, glaring, or bright lights on the signs or businesses. FINDINGS OF FACT AND CONCLUSIONS OF LAif - EAGLE PARTNERS Page 27 1. That the three businesses shall be located, from north to south, as follows: 1. Motel\hotel 2. Chevron C-Store 3. McDonalds m. That all lighting be set so that it does not shine or glare into any surrounding residences within 1,000 feet of the exterior boundaries of the land. n. That since 5.14U of the LAND USE Section of the Comprehensive Plan states that areas in or near I-84, Franklin and Roads high-quality visual appearance is essential and all development proposals in this area will be subject to development review guidelines and conditional use permitting procedures, such shall be required. o. That there are no set back limitations in the zoning Ordinance for the C-G District; that because this area is Mixed Use Area and this is an annexation procedure, in which the City can place conditions or the land shall not be annexed, the set back requirements shall be three times the height of the structure. p. That since the Applicant has stated and represented that it intentions are to construct a motel/hotel, a Chevron C-Store, and a McDonalds, the Applicant, and its assigns or successors, shall be prohibited from constructing any other structure to be used for any other business, and this restriction shall be a condition of annexation; the property shall not be annexed until the building permit for the motel/hotel is applied for and paid for and the property shall be subject to de-annexation if the requirements of these Findings of Fact and Conclusions of Law are not met and adhered to. 18. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that there shall be no annexation until the requirements of these Findings of Fact and Conclusions of Law are met and the annexation and zoning is conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law. 19. That the requirements of the Meridian Police Department FINDINGS OF FACT AND CONCLUSIONS OF LAIi - EAGLE PARTNERS Page 28 . , Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 20. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 21. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement and the requirements of the Comprehensive Plan stated herein. 22. That these conditions shall run with the land and bind the applicant and its assigns. 23. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), would be in the best interest of the City of Meridian. 24. That if these conditions of approval are not met, the property shall not be annexed, or if necessary, it shall be de- annexed. FINDINGS OF FACT AHD CONCLUSIONS OF LAW - BAGLS PARTNERS Page 29 r ~' APPROVAL OF FIRDINOS OF FACT AND ~~ The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP VOTED/ COMMISSIONER OSLUND VOTED g.~iJ~ i COMMISSIONER SBEARER VOTED ~,Ur`f COMMISSIONER MacCOY VOTED o~+.~G (~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that an annexation Ordinance not be passed or approved until the building permit for the motel/hotel has been submitted and paid for; the Applicant shall enter into a development agreement prior to issuance of a building permit; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: FINDINGS OF FACT ARD Page 30 DISAPPROVED: OF LAN - SAGLS PARTNSRS BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF MERIDIAN EAGLE PARTNERS L.L.C. ANNE]CATION AND ZONING LOT 1 OF AMENDED MAGIC VIEW SUBDIVISION 603 SOUTH EAGLE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on July 9, 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 August 13, 1996, the Petitioner's representative, Billy Ray Strite, of BRS Architects, appearing and the Planning and Zoning Commission having heard and taken oral and written testimony and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 9, 1996, the first publication of which was fifteen (15) days prior to said hearing; and duly considered at the July 9, 1996, hearing and continued until the August 13, 1996 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 1 ~~ 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 4.13 (5.21) acres in size. 3. That the property is presently zoned by the county as R- T; that the Applicant requests that the property be zoned C-G, General Retail and Service Commercial for the purpose of improving the described property into a commercial development to include a convenience store with food service, gasoline sales, car wash and a hotel with amenities. 4. That the property is located on S. Eagle Road just north of Interstate I-84; that the property immediately to the south is the newly constructed Jacksons Food Store; that to the east is the new St. Luke's west site; that the application complies with the Meridian Comprehensive Plan. 5. That the owner of record of the above referenced property is Gerald W. and Deloris B. Marlin, they have consented to the application and have requested this annexation and zoning; the application is not at the request of the City of Meridian. 6. That Mr. and Mrs. Marlin have entered into a purchase and sale agreement of the subject property with Terry Debban and Mark Jensen as buyers. 7. That the law firm representing Eagle Partners requested a deferral of the scheduled public hearing for July 9, 1996, and to reschedule it to the August 13, 1996 hearing, in order to meet with property owners adjacent to the subject parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 2 8. That the Meridian City Planning Director, the Assistant to the Meridian City Engineer, Police Department, Fire Department, the Ada County Highway District, Central District Health Department and the Nampa Meridian Irrigation submitted comments and they are incorporated herein as if set forth in full. 9. That Bruce Freckleton, Assistant to the City Engineer, submitted comments and they are incorporated herein as if set forth in full as follows: 1. That the legal description for annexation included in the application doesn't include a portion of the S. Eagle Road right-of-way between the subject site and the St. Luke's site. Applicant shall submit an annexation perimeter legal description for the proposed site, which shall include all those portions of adjacent Public Rights-of-Way contiguous to the Corporate City Limits of the City of Meridian, (Ord. No. 659, 8/2/94), and 1/2 of all other adjacent Public Rights-of-Ways. The legal description shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho and shall conform to all the provisions of the City of Meridian Resolution No. 158 and must place this parcel contiguous to the existing city limit boundary. 2. That any existing irrigationldrainage ditches crossing the property shall be tiled per City Ordinance, and should be shown on the site plans; that the plans will need to be approved by the appropriate irrigation/drainage district, or lateral user association, with written confirmation of said approval submitted to the Public Works Department; that no variances have been requested for tiling of any ditches crossing this project. 3. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation. 10. That Bruce Freckleton submitted site specific comments FINDINGS OF FACT AND CONCLUSIONS OF LAW - SAGLE PARTNBRS Page 3 and they are as follows: Sanitary sewer service could be to the existing line installed in Magic View Drive directly adjacent to the south. That water service to the proposed site could be to the existing water line being installed along the northerly side of Magic View Drive; that the Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 3. That assessment fees for water and sewer service are determined during the building plan review process; that the Applicant shall be required to enter into an Assessment Agreement with the City of Meridian; that in addition to these assessments, water and sewer Late Comers fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 4. That water service to this development is contingent upon positive results from a hydraulic analysis. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection to the third floor of the hotel building. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated; that approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. 6. That the Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 11. That the Planning and Zoning Director, Shari Stiles submitted comments and they are incorporated herein as if set forth in full; she commented, basically, as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLS PARTNSRS Page 4 1. ACHD, ITD, the applicants and adjacent property owners are working to determine if the existing traffic light can be moved to Magic View Drive. If this can be accomplished, it may alleviate some of the concerns of the adjacent property owners. If this is not accomplished, a public road right-of- way must be dedicated from the existing traffic light location to the west property line. Across access agreement will be required to the adjacent property to the west for circulation purposes. Customers from Jackson's will undoubtedly cross through the parking lot to utilize the traffic signal, particularly if they desire to travel north on Eagle Road, if the signal is not relocated.. 2. The Applicant is proposing a fifteen-foot (15') landscape setback on Eagle Road and Magic View Drive. Jackson's was required to have a thirty- five-foot (35') landscape setback on Eagle Road and a twenty-foot (20') landscape setback on Magic View Drive. The berming detail for Eagle Road included in the application may create the illusion that there is more landscaping and may be justification for reducing the thirty-five-foot (35') width. 3. Sidewalks are to be provided adjacent to all public right-of-way. Submit approval letters from Ada County Highway District/Idaho Transportation Department for work within their respective rights- of-way. Provide a copy of the recorded warranty deeds for needed roadway dedication prior to obtaining building permits. 4. Drive-through requires enclosure on the property line with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties. A six-foot (6') high masonry wall shall be constructed prior to obtaining building permits along the northern and westerly boundaries of this property. 5. Twenty-foot (20') planting strips are required adjacent to residential use; this could be reduced with construction of masonry wall. Area shown as lawn is not to be replaced with bark, rock, etc. 6. A minimum of one (1) three-inch (3") caliper tree is to be provided for every 1,500 square feet of asphalt. Provide a detailed landscape plan that includes sizes and species of plants for approval FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 5 prior to obtaining building permits. Landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 7. Parking stalls are to be a minimum of 19' long with minimum 25' wide driveways. 8. A Certificate of Occupancy (CO) must be received prior to operation. This CO must be approved by the Building Department, Fire Department, Planning & Zoning Department, and all agencies. Phasing of improvements for perimeter landscaping, tiling of ditches, fencing and roadway improvements will not be permitted. 9. The speaker location is not shown - system shall be designed to alleviate impact on neighboring residential and not be louder than 55 decibels at property line. 10. Signs shall meet the Uniform Sign Code and City Ordinance. Signs similar to that erected at Jackson's on Eagle Road will not be permitted. 11. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties. Shrouding of lights will be required for the Chevron canopy, and no certificate of occupancy, temporary or otherwise, will be issued until this shielding has been completed. No building permits will be issued unless shrouding of the canopy is included on the building plans. 12. All uses on this property must be approved through the conditional use permit process. Changes to an approved plan will require additional hearings. 13. Provide signage and ramping for handicap parking spaces per ADA requirements. 14. A development agreement is required as a condition of annexation. 12. That the Ada County Highway District submitted comments, and they are incorporated herein, as if set forth in full; that District staff concurs with the assessment of Ms. Stiles regarding the future land use development anticipated on the west side of FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 6 Eagle Road in the vicinity of the Eagle Road Interchange and that plans for a public road should be made to enable traffic from that developable area to have improved access to State Highway 55 (Eagle Road); that District staff requests that the City only grant conceptual approval of the conditional use permit at this time, but defer specific approval of the site plan to permit the District to resolve the matter; that the State of Idaho Department of Transportation, may submit comments and if they do they shall be incorporated herein. 13. That testimony at the July 9, 1996 hearing was given by Ted Hanson; that he only wanted the Commission to answer how the impact plan can allow for commercial against residential property. 14. That Commissioner Johnson stated that there are conditions for buffering commercial against residential; that acceptable buffering, which is mandated, is determined by the Council and is usually a requirement outlined in the Comprehensive Plan. 15. That John Jackson, testified regarding questions he has of the administration process; that he too, is a busy man, travelling a lot, and has attended meetings to give comment, to later find out it has been cancelled; that he questions if there is a way of knowing ahead of time if an item scheduled for public hearing has been cancelled. 16. Commissioner Johnson stated that the items are not cancelled, only deferred; that deferrals have come in to the City at the 11th hour and by calling the City Clerk asking for any FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 7 recent action to an item could be a time saver; that there is another public hearing at the City Council level and that hopefully the application would not be deferred forever. 17. That at the August 13, 1996, public hearing, the Applicant's representative, Billy Ray Strite, testified that the site plan #5 is the third edition of revisions predicted on neighborhood comments as well as the Ada County Highway District and Idaho Transportation Department comments; the site is in the Urban Planning Area and is designated commercial in Meridian's Comprehensive Plan and that area surrounding the site is designated mixed use; that the concern of the neighbors was a signal light lying at the north boundary, northeast corner of this particular site; that the latest proposed changes are to add a buffer zone along the north right-of-way and the road alignment and location of the actual street improvements signalization; that this site is located on the intersection of a federal highway and a state highway, each presently carrying greater than 30,000 cars a day with the potential designed for 40,000 cars a day; that for obvious reasons, the amount of traffic, this particular site is not adequate or deemed for residential use or quite frankly office use; that for the reason of high traffic demand, the comprehensive plan states that commercial use is, in fact, the best use for such parcel; that if the annexation and zoning is approved, and the neighbors and neighbor to the south are not in objection, that the traffic signal be located differently; that the roadway to the north be eliminated, the residential buffering remaining, and then FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 8 the project could be expanded to the north by approximately 50 feet, allowing for the development as was originally intended; that this request meets the intent of the updated Comprehensive Plan of 1993 and addresses the design concerns; that this site is a designated commercial site of adequate size and is serviced by existing utilities and adequate street systems. 18. That the following testimony was given at the August 13, 1996 hearing: A. Richard Williams testified that he realizes that the land will be developed; that this parcel is bordered by Greenhill Estates and 110 homes; that he was speaking on behalf of three subdivisions who do agree that this site will be developed but do not feel that there is a buffer of 30 feet between residential homes in value of $175,000 plus with a commercial zone; that this annexation does not meet the comprehensive plan in terms of commercial, specifically residential policies protecting and maintaining residential neighborhood property values, enhancing quality of life; that if this property is annexed that it be L-O, Limited Office and not C-G, General Retail and Service Commercial; that with L-O zoning there would be more of a professional flair and a much higher quality of employment; that the buffer might continue to the westerly portion of Eagle Road as with the hospital across the street; that the residents feels there are more opportunities for employment and economic vitality to the City and a better buffer for their neighborhood; that currently there is a well that serves 50 homes in the community and the residents are concerned for their water source. B. John Jackson testified that he is the owner of the Texaco; that this facility is 500 to 1000 feet from the subdivision; that neighbors don't like it but his business has tried to alleviate the impact on the neighborhood as much as possible by shielding the dimming lights; L-O would be better because hours are generally 8-5, closed in the evenings and weekends; his business pays high impact because of traffic it generates; that it would make more sense for this type of business to be further away from FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 9 the homes and neighborhoods than to snuggle a 24 hour a day type business up to a neighborhood. C. Howard Foley testified regarding Ordinance 2-416 E, the notice provision, and that in addition, notification be given to the area which may also be impacted by the application; that the developer acknowledged additional property owners would be impacted and only 8 lots got notice; he requested that additional owners be notified; that there has been no acknowledgement made by the Commission regarding this additional notice by the Applicant; that the residents of Greenhills Subdivision 1, 2 and 3 request that the Commission make the determination in the Findings of Fact that those residents in Greenhills Subdivision 1, 2 and 3 be given proper notice; that the deferred hearing scheduled for July 9 was to give opportunity for the developer to meet with the homeowners, which has not occurred; that the residents now face the possibility of 24 hour businesses and multi-story hotel in their backyards and, by all due respect, the affected homeowners are entitled to the statutory notice that is required by the Applicant. D. Bryan Diamond testified that he resides in Greenhill #3 Subdivision and is opposed to the application; that this type of use will significantly decrease the quality of life for his family. E. Chuck Horel testified of his and other resident's concerns with regard to a well head protection plan; that the residents are worried about contamination and who would be responsible in case of hazardous leaks? F. Steve Brown, attorney for the Applicants, offered testimony; that by the declaration of the people in the audience, it shows that a lot of people received notice and it was noticed in the newspaper; that within the Comprehensive Plan, these freeway interchange areas have more intense uses; that one of the problems with locating the traffic light down to Magic View from the north is the concern of the Idaho Transportation Department that it is too close to the interchange and their policies don't permit it; that the use with the hotel is somewhat of a buffer between the Chevron station and McDonalds and is appropriate for the site. FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 10 G. Marty Seager testified that security with L-O zoning is good; with a hotel or 24 hour McDonalds residents would not know if something was out of the ordinary or normal and therefor the L-O zoning is more appropriate with regards to the security factor. H. Ted Hanson offered testimony asking the developer about allowing truck parking to the west of this development. I. Dennis Nielson testified by commenting that traffic is less if zoned L-O because the hours likely would be from 8 to 5 p.m. J. Karen Gallagher of the Ada County Highway District testified that the Applicant has been involved in meetings with the District and the District has tabled this matter until September 11, 1996, in order to resolve further issues on the road and working on having some surveys done for the neighborhood to the north and working out some of those distances. K. Sharon Christianson testified that her home abuts this proposed site and that she is opposed to the annexation. L. George Kiler testified that there has been emotional and not factual comments being made; that there is a difference between diverted and generated traffic; that McDonalds and Chevron are compatible; that convenience is the trend the industry is following. M. Rod Truax testified to his opposition to this annexation application to C-G; that referencing a report from the state dated 6/14/94 listing the traffic count at this location prior to St. Lukes opening up was 24,233; that this will significantly increase as things like Sweetwater Junction open up, as improvements are made to the Highway 55 right-of-way; that as a property owner adjacent to the proposed development, a 30 foot wall in our backyards does not give much aesthetic value to our property and what's more, a detriment to property value and lifestyle in general. N. Jane Butterfield testified with regards to the traffic issue in asking Mr. Johnson what amount of traffic has Jackson's facility generated. FINDINGS OF FACT AND CONCLUSIONS OF I~AW - EAGLE PARTNERS Page 11 19. Mr. Strite added that regardless of the determination of the traffic signal and eventual road, the land use issue is not going to change; that Mr. Hull, from St. Lukes, specifically stated at a meeting, that the only reason the signal light is where it is today is because ITD insisted the signal light be there; that St. Lukes original proposal was to put the signal light at the intersection of Magic View and Eagle Road; that St. Lukes is involved and will continue to be involved with the signal light issue; that it is believed that at the level being dealt with now that the Idaho Transportation Department (ITD) is solely stuck on numbers and figures and its policy; that this Applicant, Mr. Jackson of Jackson's Food Store, and probably St. Lukes would pay to make the modifications to the signal as it presently stands; that the Applicant has no vested interest in the parcel to the west; that there is no room for trucks to be parking on the north side of this project; that there is only room enough for fire department and emergency turn around. 20. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 21. 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. 22. That the property can be physically serviced with City sewer; that the Assistant to the City Engineer has recently questioned the ability of the City to provide water and water FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 12 C~ • service is contingent upon positive results from a hydraulic analysis by the City's computer model. 23. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots, commercial and industrial uses. 24. That the land is in a Mixed/Planned Use Development Area in the Meridian Comprehensive Plan and the following pertinent statements are made in the Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 13 of the community are met, while at the same time providing for the efficient use of such lands. B. Under LAND USE EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, (East First Street, Cherry Lane, Fairview Avenue, Franklin and Meridian Roads, and Eagle Road) and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. GENERAL POLICIES, Page 22 The following land use activities are not in compliance with the basic goals and policies of the Comprehensive Plan: a. Strip commercial and strip industrial. b. Scattered residential (sprawl or spread). 3. COMMERCIAL POLICIES, Page 26 a. 4.4U Locate new planned Neighborhood Commercial Centers (3-8 acres) on arterials or collectors near residential areas in such a way as to complement but not conflict with adjoining residential areas. b. 4.5U Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with the Planned Neighborhood Commercial designation. c. 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. d. 4.8U Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 4. MIXED-PLANNED USE DEVELOPMENT, MIXED-USE AREAS FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 14 ADJACENT TO I-84, OVERLAND, AND FRANKLIN ROAD Page 27 These areas are unique in that they are surrounded by arterials, immediately adjacent to the freeway (I-84), are relatively level in topography, have a distinct linear shape, and are greatly affected by contiguous industrial, residential and commercial land uses. In order that compatible land uses and efficient use of the land might occur, this corridor is anticipated for a variety of planned, compatible mixed uses. Probable mixed uses for the areas could be commercial, combined medium-to-high density residential, open space uses (as a means to buffer highway noise), tourist lodging, industrial, office, medical, and related land uses. a. 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. b. 5.7 Detailed market studies should be undertaken to explore and clarify the issues that are related to mixed-use development in these areas. c. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. d. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. e. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. f. 5.11 The character, site improvements, and type of development should be harmonized with previously- FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 15 developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. g. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. h. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. i. 5.14U Because these areas are near I- 84, Franklin and Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. j. S.15U The mixed-use area in the vicinity of the Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. C. Under TRANSPORTATION, Page 42 1. Existing Conditions a. I-84 is listed as a principal arterial b. Eagle Road, is listed as a Principal Arterial. D. Under COMMUNITY DESIGN, at Page 72 1. Entryway Corridors a. Eagle Road (North and South entrances). 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 73 FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 16 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 landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Quality of Environment Goal Statement, Page 73 Sustain, enhance and promote those elements which contribute to the quality of local environment as an inducement for liveability and business development in Meridian. 5. Policies a. S.lU Preserve the aesthetic natural resources of the Meridian area. b. 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6. Neighborhood Identify Goal Policies, Page 74 a. 6.4U predominantly nonresidential buffers and conditional u nonresidential Limit the residential uses, and mitigation se permits uses are prc conversion of neighborhoods to require effective measures through when appropriate posed. 25. That the requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 17 travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 26. That Section 11-2-409, ZONING SCHEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that Convenience Stores, are not listed as allowed uses in the General Retail and Service Commercial (C-G) district, but as conditional uses; that Service Stations, Retail Stores and hotels are listed as allowed uses in the General Retail and Service Commercial (C-G) district. 27. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 28. That under 11-2-409, ZONING SCHEDULE OF USE CONTROL, B Commercial, Planned Commercial Development, is a permitted use in FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 18 the C-G district and Planned Unit Development - General, is an allowed conditional use in the C-G district. 29. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 30. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, FINDINGS OF FACT AND CONCLUSIONS OF LAW - SAGLS PARTNERS Page 19 if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 31. 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." 32. 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." 33. 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;" 34. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi-improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 20 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 35. 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 Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 36. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 7. A development pattern which preserves neighborhood development and stability and encourages a socioeconomic mixture of people within a given environment. 37. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 21 Council were given and followed. 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the Planning and Zoning Commision 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 22 Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The Citv of Idaho Falls. 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be stated as being allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 11. The Applicant has stated its intention as to development, which is to provide a McDonalds Restaurant, Chevron Service Station, and motel/hotel with amenities which may included a convenience store with food service, gasoline sales, and car wash; it is therefore concluded that since convenience stores are only allowed in the C-G District as conditional uses, as a condition of FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 23 annexation and zoning, that such use or development of the property shall only be allowed as a conditional use and such has been applied for. 12. That it is concluded that since the Comprehensive Plan, under LAND USE, Mixed-Use Area at Franklin, I-84 Mixed Use Policies, in 5.14U, states that all development requests will be subject to development review and conditional use permitting procedures and since the City should have control over any uses that are to be placed on the land, it is concluded that development of the parcel of land is conditioned on being developed as a Commercial Planned Development, which is allowed in the General Retail and Service Commercial (C-G) district, or under the conditional use permit process, and Applicant has applied for a conditional use and it shall be subject to development review and conditional use permitting procedure. 13. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 14. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G), but only capable of being developed under the conditional use permit process with development review. 15. That, as a condition of annexation and the zoning of C-G, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 24 C development agreement shall address, among other things, the following: 1. Inclusion into the development agreement of the requirements of 11-9-605 and 11-9-606 including, but not limited to: 11-9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Piping of Ditches. 11-9-6-6 B a. 14, Pressurized Irrigation. 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, and traffic study. 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the City. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development by specifically meeting the requirements of Meridian Comprehensive Plan stated under Land Use, Mixed-Use Area Adjacent to I-84, Overland Road and Franklin Road, specifically including 5.8, 5.9, 5.11, and 5.14U which requires development review and a plan must be submitted by the Applicant and approved by the City Council. FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 25 • 10. Establishing a 35 foot landscaped setback from Eagle Road and landscaping the same. 11. Addressing the comments of the Planning Director, Shari Stiles, but if they conflict with recommendation or requirements approved by the City, those approved by the City shall prevail. 12. The sewer and water requirements. 13. Traffic plans and access into and out of the development. 14. Addressing the concerns of the owners of property in Greenhill Estates, Magic View Subdivision, and Locust Grove Heights Subdivision. 15. Addressing the comments of Assistant to the City Engineer, Sruce Freckleton. 16. 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 the above section does state that the development agreement shall take effect upon the adoption of the Ordinance annexing and zoning the parcel but since no development agreement has been agreed on, or even discussed, and it has been found that such agreements are more effective and workable prior to building permits being issued; it is concluded that the development agreement shall be entered into prior to issuance of any building permit. 17. That it is further concluded that it is recommended to FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 26 the City Council that the following be conditions of annexation: a. That to meet the landscape requirements, the Applicant engage a landscape architect to determine the best trees to plant to provide an adequate barrier to protect the homes in Greenhill Estates and Locust Grove Estates; that the trees suggested by the landscape architect must be approved by City staff prior to planting. b. That the Applicant provide a landscape plan for each development, in the property and that it be approved by the City. c. That the motel/hotel shall be constructed prior to the Chevron C-Store and the McDonalds to act as a barrier to protect the homes in Greenhill Estates from adverse noise, sound, or light which are likely to impact the homes in the Greenhill Estates subdivisions; the Applicant, or the owner of the motel/hotel, as an alternative to constructing the motel/hotel first, could construct a ____ to protect the homes in Greenhill Estates Subdivisions from the adverse mpacts above mentiond, until the motel/hotel is constructed . d. That the motel/hotel shall have no windows or doors on the second floor which face north which are not opaque or which open. e. That there shall only be a primary entrance for the motel\hotel on the south side of the structure. f. That the motel be no more than storys in height. g. That the road shown on the north side of the motel\hotel shall be placed as designated by the Ada County Highway District. h. That the drive through window for the McDonalds and Chevron C-Store shall be located and constructed on the south side. i. That the drive through windows shall be shielded with a block wall so that vehicles drive between the building and the block wall. j. That the location, sine, and heights of all signs for the FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 27 three business, or other businesses to locate on this property, shall not be higher than eighteen (18) feet above the ground level of the business where the sign is located; the sign must be approved by the City. k. That there shall be no flashing, glaring, or bright lights on the signs or businesses.. 1. That the three businesses shall be located, from north to south, as follows: 1. Motel\hotel 2. Chevron C-Store 3. McDonalds m. That all lighting upon the property be set so that it does not shine or glare upon property beyond the exterior boundaries of the land, or on the building or structure placed on the property. n. That since 5.14U of the LAND USE Section of the Comprehensive Plan states that areas in or near I-84, Overland Road and Franklin Roads shall be of high-quality visual appearance and such is essential and all development proposals in this area will be subject to development review guidelines and conditional use permitting procedures, such shall be required. o. That there are no set back limitations in the zoning Ordinance for the C-G District; that because this area is a Mixed Use Area and this is an annexation procedure, in which the City can place conditions or the land shall not be annexed, the set back requirements shall be p. That since the Applicant has stated and represented that its intentions are to construct a motel/hotel, a Chevron C-Store, and a McDonalds, the Applicant, and its assigns or successors, shall be prohibited from constructing any other structures to be used for any other businesses, and this restriction shall be a condition of annexation; ;the property shall be subject to de-annexation if the requirements of these Findings of Fact and Conclusions of Law are not met and adhered to. q. The Applicant and the property should, and shall, be subject to all conditions established by the City Staff. 18. That it is concluded that the annexing and zoning of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 28 three business, or other businesses to locate on this property, shall not be higher than eighteen (18) feet above the ground level of the business where the sign is located; the sign must be approved by the City. k. That there shall be no flashing, glaring, or bright lights on the signs or businesses. 1. That the three businesses shall be located, from north to south, as follows: 1. Motel\hotel 2. Chevron C-Store 3. McDonalds m. That all lighting upon the property be set so that it does not shine or glare upon property beyond the exterior boundaries of the land, or on the building or structure placed on the property. n. That since 5.14U of the LAND USE Section of the Comprehensive Plan states that areas in or near I-64, Overland Road and Franklin Roads shall be of high-quality visual appearance and such is essential and all development proposals in this area will be subject to development review guidelines and conditional use permitting procedures, such shall be required. o. That there are no set back limitations in the zoning Ordinance for the C-G District; that because this area is a Mixed Use Area and this is an annexation procedure, in which the City can place conditions or the land shall not be annexed, the set back requirements shall be p. That since the Applicant has stated and represented that its intentions are to construct a motel/hotel, a Chevron C-Store, and a McDonalds, the Applicant, and its assigns or successors, shall be prohibited from constructing any other structures to be used for any other businesses, and this restriction shall be a condition of annexation: ;the property shall be subject to de-annexation if the requirements of these Findings of Fact and Conclusions of Law are not met and adhered to. q. The Applicant and the property should, and shall, be subject to all conditions established by the City Staff. 18. That it is concluded that the annexing and zoning of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 28 property is in the best interests is concluded that there shall requirements of these Findings of met and the annexation and zoning requirements of these Findings of 19. That the requirements o of the City of Meridian, but it be no annexation until the Fact and Conclusions of Law are is conditioned upon meeting the Fact and Conclusions of Law. E the Meridian Police Department Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 20. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 21. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement and the requirements of the Comprehensive Plan stated herein. 22. That these conditions shall run with the land and bind the applicant and its assigns. 23. With compliance of the conditions contained herein, the annexation and zoning of General Retail and Service Commercial (C- G), would be in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 29 24. That if these conditions of approval are not met, the property shall not be annexed, or if necessary, it shall be de- annexed. APPROVAL OF FINDINOS OF FACT AND The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~yl ~~' VOTED i~ ~~~;l~.n ~ VOTED `~~~-'' VOTED ~ d ~i (~E'ti, VOTED ~_ ,` _l: The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law; the Applicant shall enter into a development agreement prior to issuance of a building permit; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: ~i DISAPPROVED: ~ -.~•~1 FINDINGS OF FACT AND CONCLUSIONS OF LAW - EAGLE PARTNERS Page 30 BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF NSRIDIAN EAGLE PARTNERS L.L.C. CONDITIONAL USE PERMIT LOT 1 OF AMENDED MAGIC VIEW SUBDIVISION 603 SOUTH EAGLE ROAD MERIDIAN. IDAHO FINDING3 OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on July 9, 1996, at the hour of .7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 Eaet Idaho Street, Meridian, Idaho, and was continued to August 13, 1996, the Petitioner's representative, Billy Ray Strite, of BRS Architects, appearing and the Planning and Zoning Commission having heard and taken oral and written testimony and having tabled the matter to September 16, 1996, having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 9, 1996, the first publication of which was fifteen (15) days prior to said hearing; and duly considered at the July 9, 1996, hearing and continued until the August 13, 1996 hearing and continued again to September 16, 1996; that the public was given full opportunity to express EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 1 comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. That the property included in the application for conditional use is described in the application, and by this reference is incorporated herein; that the property is approximately 4.13 (5.21) acres in size. 3. That the property is presently zoned by the county as R- T; that the Applicant has a request before the City of Meridian that the property be zoned C-G, General Retail and Service Commercial for the purpose of improving the described property into a commercial development. 4. That the proposed uses include a Chevron convenience store with gas pumps and detached car wash, a McDonalds with drive- up window, and an 80 room hotel with pool and patio. 5. That the land is in a Mixed/Planned Use Development Area in the Meridian Comprehensive Plan and the following pertinent statements are made in the Plan: A. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 2 the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities which are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. B. Under LAND USE EXISTING CONDITIONS, Page 21 Commercial and retail areas are established along major arterials, (East First Street, Cherry Lane, Fairview Avenue, Franklin and Meridian Roads, and Eagle Road) and include small commercial center and individual businesses. Uses include retail, wholesale, service, office, and limited manufacturing. 2. GENERAL POLICIES, Page 22 The following land use activities are not in compliance with the basic goals and policies of the Comprehensive Plan: a. Strip commercial and strip industrial. b. Scattered residential (sprawl or spread). 3. COMMERCIAL POLICIES, Page 26 a. 4.4U Locate new planned Neighborhood Commercial Centers (3-8 acres). on arterials or collectors near residential areas in such a way as to complement but not conflict with adjoining residential areas. b. 4.SU Discourage isolated neighborhood commercial development in residential areas unless the uses are compatible with EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 3 • s the Planned Neighborhood Commercial designation. c. 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. d. 4.SU Encourage commercial uses, offices and medical-care uses to locate in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges. 4. MIXED-PLANNED USE DEVELOPMENT, MIXED-USE AREAS ADJACENT TO I-84, OVERLAND, AND FRANKLIN ROAD Page 27 These areas are unique in that they are surrounded by arterials, immediately adjacent to the freeway (I-84), are relatively level in topography, have a distinct linear shape, and are greatly affected by contiguous industrial, residential and commercial land uses. in order that compatible land uses and efficient use of the land might occur, this corridor is anticipated for a variety of planned, compatible mixed uses. Probable mixed uses for the areas could be commercial, combined medium-to-high density residential, open space uses (as a means to buffer highway noise), tourist lodging, industrial, office, medical, and related land uses. a. 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. b. 5.7 Detailed market studies should be undertaken to explore and clarify the issues that are related to mixed-use development in these areas. c. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 4 d. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved through the use of buffering techniques, including screen plantings, open space and other landscaping techniques. e. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. f. 5.11 The character, site improvements, and type of development should be harmonized with previously- developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. g. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. h. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. i. 5.14U Because these areas are near I- 84, Franklin and Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. j. 5.15U The mixed-use area in the vicinity of the Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. C. Under TRANSPORTATION, Page 42 1. Existing Conditions a. I-84 is listed as a principal arterial EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 5 b. Eagle Road, is listed as a Principal Arterial. D. Under COMMUNITY DESIGN, at Page 72 1. Entryway Corridors a. Eagle Road (North and South entrances). 2. Entrance Corridors Goal. Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 73 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 landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 4. Quality of Environment Goal Statement, Page 73 Sustain, enhance and promote those elements which contribute to the quality of local environment as an inducement for liveability and business development in Meridian. 5. Policies a. 5.1U Preserve the aesthetic natural resources of the Meridian area. b. 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. 6. Neighborhood Identify Goal Policies, Page 74 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 EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 6 nonresidential uses are proposed. 6. That the General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-Gl General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 7. That the uses proposed by Applicant are specifically allowed conditional uses or permitted in the Zoning Schedule of Use Control, 11-2-409. 8. That the property is located on South Eagle Road just north of Interstate I-84; that the property immediately to the south is the newly constructed Jacksons Food Store; that to the east is the new St. Luke's West site; that the application complies with the Meridian Comprehensive Plan. 9. That the owner of record of the above referenced property is Gerald W. and Deloris B. Marlin and they have consented to the application and have requested this conditional use permit for the property; the application is not at the request of the City of Meridian. 10. That Mr. and Mrs. Marlin have entered into a purchase and sale agreement of the subject property with Terry Debban and Mark Jensen as buyers. EAGLE PARTNERS - CONDITIONAL USE FF b CL Page - 7 11. That the Application stated that pending annexation and zoning, the Applicant is requesting approval to construct a Chevron Convenience Store, a McDonald's with a drive-up window in one building, gas island pumps and canopy, a detached car wash, and an 80 room hotel building with indoor pool and potential outdoor patio amenities, on Lot 1 of Magic View Subdivision; that the site is presently vacant and is serviced by all utilities; that during the previous application process, it was made apparent that the Ada County Highway District would require a road at the north end of the site to accommodate signalized access to anticipated, future commercial growth in Magic View Subdivision to the west; that the new site plan, as submitted, reflects the required road dedication at the existing signalized intersection as described by ACHD. 12. That the characteristics that make the Conditional Use desirable are the site's proximity to Eagle Road and adjacent commercial development and the growing need for this type of development in the area to provide services, accommodations and conveniences to the surrounding commercial, institutional and residential growth. 13. That the Meridian City Planning Director, the Assistant to the Meridian City Engineer, Police Department, Fire Department, the Ada County Highway District, Central District Health Department, the Nampa Meridian Irrigation and the Sewer Department submitted comments d they are incorporated herein as if set forth in full. 14. That Bruce Freckleton, Assistant to the City Engineer, EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 8 submitted comments and they are incorporated herein as if set forth in full as follows: 1. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2. Paving, striping and all signage shall be in accordance with City of Meridian Ordinances. 3. A drainage plan designed by a State of Idaho licensed architect or 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. 4. That outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas. 5. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 6. Provide sidewalks in accordance with City Ordinance Section 11-9-606.B. 7. That all construction shall be in accordance with the Americans with Disabilities Act. 15. That Bruce Freckleton also submitted site specific comments and they are as follows: 1. Sanitary sewer service could be to the existing line installed in Magic View Drive directly adjacent to the south. 2. That water service to the proposed site could be to the existing water line being installed along the northerly side of Magic View Drive; that the Applicant shall provide the Public Works Department with information on anticipated fire flow and domestic water requirements for the proposed site. 3. That assessment fees for water and sewer service are determined during the building plan review process; that the Applicant shall be required to EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 9 enter into an Assessment Agreement with the City of Meridian; that in addition to these assessments, water and sewer Late Comers fees will also be charged against this parcel to help reimburse the parties responsible for installing the water and sewer mains to their current points. 4. That water service to this development is contingent upon positive results from a hydraulic analysis. Flow and pressure from the existing mains should be monitored with the Meridian Water Department to determine whether a booster pump would be required to provide adequate fire protection to the third floor of the hotel building. 5. The treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated; that approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by this proposed development. 6. That the Applicant shall be responsible to install a water main within the right-of-way of the new street along the north boundary of the proposed site. Location and sizing of the new main should be coordinated with the Meridian Water Department. 16. That the Planning and Zoning Director, Shari Stiles submitted comments and they are incorporated herein as if set forth in full; she commented, basically, as follows: 1. ACRD, ITD, the applicants and adjacent property owners are working to determine if the existing traffic light can be moved to Magic View Drive. Zf this can be accomplished, it may alleviate some of the concerns of the adjacent property owners. If this is not accomplished, a public road right-of- way must be dedicated from the existing traffic light location to the west property line. Across access agreement will be required to the adjacent property to the west for circulation purposes. Customers from Jackson's will undoubtedly cross through the parking lot to utilize the traffic signal, particularly if they desire to travel north on Eagle Road, if the signal is not relocated. 2. The Applicant is proposing a fifteen-foot (15' EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 10 landscape setback on Eagle Road and Magic View Drive. Jackson's was required to have a thirty- five-foot (35') landscape setback on Eagle Road and a twenty-foot (20') landscape setback on Magic View Drive. The berming detail for Eagle Road included in the application may create the illusion that there is more landscaping and may be justification for reducing the thirty-five-foot (35') width. Sidewalks are to be provided adjacent to all public right-of-way. Submit approval letters from Ada County Highway District/Idaho Transportation Department for work within their respective rights- of-way. Provide a copy of the recorded warranty deeds for needed roadway dedication prior to obtaining building permits. 4. Drive-through requires enclosure on the property line with landscaping and fencing, except for ingress and egress, to prevent trash from moving onto other properties. A six-foot (6') high masonry wall shall be constructed prior to obtaining building permits along the northern and westerly boundaries of this property. 5. Twenty-foot (20') planting strips are required adjacent to residential use; this could be reduced with construction of masonry wall. Area shown as lawn is not to be replaced with bark, rock, etc. A minimum of one (1) three-inch (3") caliper tree is to be provided for every 1,500 square feet of asphalt. Provide a detailed landscape plan that includes sizes and species of plants for approval prior to obtaining building permits. Landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 7. Parking stalls are to be a minimum of 19' long with minimum 25' wide driveways. 8. A Certificate of Occupancy (CO) must be received prior to operation. This CO must be approved by the Building Department, Fire Department, Planning & Zoning Department, and all agencies. Phasing of improvements for perimeter .landscaping, tiling of ditches, fencing and roadway improvements will not be permitted. 9. The speaker location is not shown - system shall be EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 11 designed to alleviate impact on neighboring residential and not be louder than 55 decibels at property line. 10. Signs shall meet the Uniform Sign Code and City Ordinance. Signs similar to that erected at Jackson's on Eagle Road will not be permitted. 11. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties. Shrouding of lights will be required for the Chevron canopy, and no certificate of occupancy, temporary or otherwise, will be issued until this shielding has been completed. No building permits will be issued unless shrouding of the canopy is included on the building plans. 12. All uses on this property must be approved through the conditional use permit process. Changes to an approved plan will require additional hearings. 13. Provide signage and ramping for handicap parking spaces per ADA requirements. 14. A development agreement is required as a condition of annexation. 17. That the Ada County Highway District submitted comments, and they are incorporated herein, as if set forth in full; that District staff concurs with the assessment of Ms. Stiles regarding the future land use development anticipated on the west side of Eagle Road in the vicinity of the Eagle Road Interchange and that plans for a public road should be made to enable traffic from that developable area to have improved access to State Highway 55 (Eagle Road); that District staff requests that the City only grant conceptual approval of the conditional use permit at this time, but defer specific approval of the site plan to permit the District to resolve the matter. 18. That John Shawcroft, Superintendent of the Meridian Sewer EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 12 Department submitted comments that McDonald's will require a grease trap; that the car wash will need a 1500 gallon sand/sediment interceptor and the hotel pool must be drained slowly if repairs will be needed, with prior notification of the Sewer Department. 19. That testimony at the July 9, 1996 hearing is hereby incorporated herein as if set forth in full; that the Applicant's representative, Billy Ray Strite, requested that testimony given at the annexation and zoning public hearing for Eagle Partners, be incorporated herein as if set forth in full. 20. That the testimony at the August 13, 1996, annexation and zoning hearing, is hereby incorporated herein at the request of Billy Ray Strite and the testimony on the Conditional Use Permit Application, August 13, 1996, by Applicant's representative, Mr. Strite, is as follows: That the motel will have 76 rooms and not as has been reported as being 80 rooms; that the pump islands at the Chevron facility are considered by the Applicant as being included as parking islands; that this proposal has 27,000 square foot of landscape, notwithstanding the 30 foot right-of-way imposed by .the Ada County Highway District to align with the St. Luke's driveway; that phase one (1) of the project would be the completion of the McDonald's C Store to include a 30 foot landscape buffer on the north boundary regardless of what happens to phase 2, the motel; that the motel is designed with no openings, no windows on the north side; mature landscaping to the backside of the neighbors yards in addition to 30 additional feet of landscape buffer, providing a sound deadening system; that on the south side, the Applicant is prepared to provide a species of trees as requested or required by staff or commission, that would be faster growing. 21. Mr. Strite added as follows: That the signal was never intended by the Applicant for anything more than an access to support the facility; why EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 13 this signal was not placed at Magic View is questionable, but out of the Applicant's control and whatever goes on this parcel is going to be restricted by either Magic View or the signal light; that here you have mixed use designations and, it goes without saying, that a State highway and a Federal highway, together carrying greater than what is believed to be now in excess of 40,000 [cars] on both streets, that whether you choose to go to a medical office complex, that generates considerably higher traffic then the motel, but certainly not more than the other uses, whatever goes on the parcel is going to be restricted by either Magic View or the signal light. 22. That Chuck Horel added to his earlier testimony; that regarding the long range plan with the Ada County Highway District and the new roadway and Eagle Road and the effects on Magic View; that the width of the road doesn't match up to the road across the street at St. Luke's entrance. 23. Richard Williams added that there has to be a transition between commercial and the residential; that this proposal presents severe degradation to the neighborhood in terms of property values and aesthetics; that office development is a better transition, not a 30 foot buffer strip with a few trees. 24. Howard Foley testified that this proposed project is going to have traffic all night long, 24 hours a day of extreme high use; that there isn't anything close to striking any kind of a balance between residences and commercial. 25. That Dennis Edson testified that with regard to .light office support facilities being placed at this location, that could support St. Luke's across the street; that if the road goes in and curves around down to Magic View as the Highway Commission wants it to, they have proposed shutting off Magic View Drive to left hand EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 14 turns from Eagle Road and not allowing traffic from Magic View to make left turns onto Eagle Road 26. Kent Brown testified with regard to the kind of signage being planned for the Chevron and the hotel, the location of the sign and whether of not it will be lighted; that if the roadway is constructed along the lines like Park Center, you have a high commercial use but you have buffering with berms on either side that is going to promote that kind of use instead of more hotels and gas stations and people using it off of the freeway; that his recommendation would be to make everything similar to the St. Luke's road, islands in the center of the road, creating slower traffic, reduce the noise and impact to our development in the existing subdivision. 27. Rod Truax testified regarding the location of the traffic light in proximity of the freeway; the opportunity for car wrecks, discharging of fuel from tanker trucks delivery fuel to not one buy two stations, and the well head to the neighborhood being affected; the doubling the noise, all creating even more concerns of the residents. 28. Mr. Strite added that if in fact none of this development on this site is approved, that the configuration of the roadway has been preliminarily approved, and whether is it signalized at the location shown or at Magic View, it is going to happen; that relative to the comments to St. Luke's, certainly office use would be appropriate. 29. That Ann Bowen testified that she is a resident of EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 15 Greenhills Subdivision that consists of homes on half acre and acre lots; people who work hard, pay taxes and keep their homes and lots looking nice; that this proposed project coming in will ruin our neighborhood; that as it stand now with Texaco's bright lights, the noise from car radios at 2 and 3 o'clock in the morning; the idling of large trucks; that to now proposed pulling all that closer to the neighborhood by the addition of a similar project, will do nothing for property values and only hurt the neighborhood. 30. That Steve Eddy, Chevron Dealer, submitted a letter regarding the proposed business at the Eagle Interchange and it is incorporated herein as if in full. 31. That Section 11-2-409, ZONING SCBEDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that Convenience Stores, are not listed as permitted uses in the General Retail and Service Commercial (C-G) district, but are allowed conditional uses; that Service Stations, Retail Stores and hotels are listed as permitted uses in the General Retail and Service Commercial (C-G) district. 32. That Planned Development is defined in 11-2-403 B, at page 20 of the Zoning Ordinance booklet, as follows: "An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance." and a Planned General Development is defined as follows: EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 16 "A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses." 33. That under 11-2-409, ZONING SCHEDULE OF USE CONTROL, B Commercial, Planned Commercial Development, is a permitted use in the C-G district and Planned Unit Development - General, is an allowed conditional use in the C-G district. 34. 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." 35. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. OF LAW 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 17 conditional urea pursuant to Title 67, Chapter 65, Idaho Code, and Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-416 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 4. That the Meridian Comprehensive Plan states that the property would only be capable of being developed under the conditional use permit process with design review to ensure neighborhood compatibility; therefore a conditional use is required for development of the property, which is what the Applicant has applied for in conformance with the Zoning Ordinance, which requires a conditional use for the uses requested in this Application. 5. That since the Meridian Comprehensive Plan states that the City shall require, as a condition of development approval, landscaping along all entrance corridors, states that landscaped setbacks for new development on entrance corridors are encouraged, the Planning and Zoning Director and the Assistant to the City Engineer stated that there should be a 35 foot landscaped set back along Eagle Road, and I-84 is listed as an Entryway Corridor, on page 72 of the Comprehensive Plan, and it is concluded that developments along the Interstate should be required to meet the Entryway Corridor provisions, the property shall have a 35 foot set back for landscaping. EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 18 6. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The uses, would in fact, constitute a conditional use and a conditional use permit is required by ordinance. b. The uses should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the uses. c. The uses apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the requirements of the annexation and zoning, and these, Findings of Fact and Conclusions of Law are met, and the provisions of the Development Agreement required of the Applicant in the annexation and zoning Findings of Fact and Conclusions of Law, are met. e. The property does have sufficient sewer service available and that will have to be provided by the Applicant, at its cost; water service is available but Applicant must put in sufficient lines to serve the uses at its cost. f. The uses should not create excessive additional requirements at public coat for public facilities and services and the uses would not be detrimental to the economic welfare of the community, but Applicant must incur the cost of installing any water, sewer, or other utilities. g. The uses 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, if EAGLE PARTNERS - CONDITIONAL USE FF 6 CL Page - 19 the provisions of the annexation and zoning Findings of Fact and Conclusions of Law, are met and complied with, and if the provisions of the Development Agreement, required of the Applicant in the Findings of Fact and Conclusions of Law for the annexation of the property, and these Findings of Fact and Conclusions of Law, are also met and complied with. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 7. That since the Meridian Comprehensive Plan states under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, at Page 28, in Sub-Sections 5.10 and 5.14U, that a) development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed, and b), high quality visual appearance is essential and all development proposals in this area will be subject to development review guidelines and conditional use permitting procedures, it is concluded that this application for a conditional use should be granted, but that, as required and stated above in this paragraph, it shall be subject to development review guidelines. 8. That the Applicant shall also be required to do the following: a. Meet the requirements placed on the property as part of its annexation and zoning. b. Meet the requirements of the development agreement that must be entered into by Applicant and the City, as required in the annexation and zoning Findings of Fact and Conclusions of Law and these Findings of Fact and Conclusions of Law. c. Meet the requirements and comments of the City Engineer, EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 20 the Assistant to the City Engineer, and the Planning and Zoning Administrator. d. Meet the Ordinances of the City of Meridian, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, Uniform Mechanical Code, the Fire and Life Safety Code, all parking and landscaping requirements. e. Meet the requirements and conditions of the Ada County Highway District, Nampa 5 Meridian Irrigation District, Central District Health Department, City Fire and Police Departments. f. Meet all of the representations of the Applicant unless they are in conflict with the above requirements or City Ordinances. 9. That as additional conditions on the Conditional Use Permit, the Applicant shall prepare and submit a landscape plan to be reviewed and approved by the Meridian Planning Director. 10. That the conditions stated herein, or as ultimately set by the City Council, shall be agreed to by the Applicant, in writing, and if agreed to the Application should be granted;. that if the conditions are not so agreed on the Application should be denied. EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 21 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) DECISION AND VOTED ~ t ti f~' ~"~,~ vnmFn `~ t ~ VOTED ~, ..L%`---~ VOTED !L ~ L `y-~ ~ ~i VOTED ~ -B ~_ ON 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 these Findings of Fact and Conclusions of Law and those adopted for the annexation and zoning of the property. MOTION: JJ~~~,-~ /~ APPROVED:( ~+n r ,,~r~~~ ~ DISAPPROVED: EAGLE PARTNERS - CONDITIONAL USE FF & CL Page - 22 i • ~~ ,~ ~ BEFORE TBE MERIDIAN PLANNING AND ZONING COMMISSION ~.) ~ SELECT DEVELOPMENT AND CONTRACTING, INC. ~ J y CONDITIONAL USE PERMIT WEST OVERLAND AND INTERSTATE 84 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for consideration on 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 the Planning and Zoning Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, Becky Bowcutt, and having duly considered the matter, the Planning and Zoning Commission makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 16, 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; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 1 SELECT DEVELOPMENT i 2. That the property is located within the City of Meridian; that the general location of the property is in the proposed Interstate Center on West Overland Road at the Interstate I-84 and is described in the Application, which description is incorporated herein. 3. That the property is currently zoned C-G, General Retail and Service Commercial. 4. That the zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C-Gl General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development; 5. That the Applicant is not the owner of record of the property; that the owner of record is W. H. Moore; that the owner has consented to the Application and has requested this Conditional Use Permit be granted and the Application is not at the request of the City of Meridian. 6. That the property is currently undeveloped and vacant. 7. That the proposed use by the Applicant is for a Family Entertainment Center to include miniature golf, bumper boat pond, go-kart track, arcade, restaurant, batting cage and play area; that FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 2 SELECT DEVELOPMENT the proposed building will be 14,400 square feet. 8. That sewer and water is available to the property, but the property will have to comply with the commercial sewer and water rates. 9. That the City Planning Director, Shari Stiles and the Assistant to the City Engineer, Bruce Freckleton submitted comments and they are as follows: 1. That any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M. 2. That any existing domestic wells and/or septic systems with this project shall be removed from their domestic service per City Ordinance, except that wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans. 4. Provide five foot (5') wide sidewalks on both sides of proposed streets in accordance with City Ordinance Section 11-9-606.B. Driveway from Overland Road shall also have five foot (5') wide sidewalks on each side. 5. That paving, striping and signage of parking lot to shall be in accordance with City Ordinances and the Americans with Disabilities Act. All off-street parking spaces are to be paved. Parking stalls are to be 9'x 19' minimum with 25' driveways. 6. Submit a drainage plan designed by a State of Idaho licensed architect or engineer for all off-street parking areas for approval by the City Engineer/Public Works Department. 7. Lighting shall not illuminate residential properties or cause glare problems for vehicles traveling I-84, as determined by the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 3 SELECT DEVELOPMENT Meridian. 8. Applicant is to obtain a certificate of occupancy prior to opening for business. 9. That all signage shall be in accordance with standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 10. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 11. Sewer service to this development is contingent upon positive results from computer model analysis. 12. Coordinate fire access and hydrant locations with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on Building plans. 13. indicate any existing FEMA Floodplain Boundaries on the Site Plan Map, and/or any plans to reduce said boundaries. 10. That Bruce Freckleton and Shari Stiles submitted site specific comments and they are as follows: 1. Sanitary sewer service to the site will be by means of the existing 15 inch diameter Ten Mile Truck line near the northeast corner. The City of Meridian owns and maintains a 10 inch diameter water main approximately 1,650 feet east of the subject parcel. This main line will need to be extended west in Overland Road to the westerly boundary of the parcel under consideration.' The project design engineer is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines. Water lines shall be located on the north and east sides of roadway centerline. 2. Provide a 250 watt high pressure sodium. streetlight on Overland Road entrance and at locations designated by the Meridian Public Works Department. All streetlights shall be installed at the Applicant's expense. Typical locations are at street intersections and/or fire hydrants. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 4 SELECT DEVELOPMENT As Overland Road and i-84 are entrance corridors, particular attention must be paid to these frontages. The Applicant is proposing as little as ten feet (10') in some areas along I-84; however, if the landscape plan is not reduced below that shown, the Assistant to the City Engineer and the Planning Director believe the landscaping will meet the goals of the Meridian Comprehensive Plan. Trees along I-84 should be minimum three inch (3") caliper. No improvements are proposed along Overland Road as a part of this application. All landscaping and pressurized irrigation system shall be in place prior to obtaining a certificate of occupancy. 4. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system will need to be reviewed closely due to the size of the area to be watered. The Applicant shall provide a statement as to the ownership of and operation and maintenance for the pressurized irrigation system. Site plan is to indicate source of water for pond system. 5. All construction to be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 6. If significant changes from the plan submitted are made, additional hearings may be required at the City's discretion. The conditional use permit shall be subject to yearly review upon notice to the Applicant. All building plans are subject to detailed review. 7. Utility locations need to be included on the plan for approval by the Public Works Department. 8. A development agreement was required as a condition of annexation. Details of the conditional use approval for this site will be incorporated in the development agreement to be entered into prior to signature on the final plat. 9. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, .Inc. Locate dumpstera so as not to impede fire access. 'No Parking' area will need to be designated next to FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 5 SELECT DEVELOPMENT dumpster location shown on east boundary. 10. The proposed hours of operation shall be stated. 11. The Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining assessment fees. A re- assessment agreement will be entered into with the Applicant prior to issuance of a building permit. 11. That in the Meridian Comprehensive Plan it is stated: A. Franklin, Overland/I/84 Mixed Use Policies, Page 28 That in the Meridian Comprehensive Plan it is stated under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, Page 28., as follows: 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. 5.10 proposed. (Emphasis added.) 5.11 The character, site improvements, and type of development should be harmonized with previously- developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including -noise and traffic reduction. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 6 SELECT DEVELOPMENT 5.14U Because these areas are near I-84, Franklin and Overland Roads, high-quality visual appearance is essential. All development proposals in this area (Emphasis added.) 5.15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/ Eagle Road/I-84 interchange is a priority development area. B. Under TRANSPORTATION, Page 43 1. Existing Conditions Overland Road is listed as a minor arterial. C. Under COMMUNITY DESIGN, at Page 72. 1. Entryway Corridors d. Overland Road (North and South entrances). 2. Entrance Corridors Goal Statement - Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian. 3. Policies, Page 73 T 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 landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 12. Section 11-9-605 G, PLANTING STRIPS AND RESERVE STRIPS, of the Subdivision and Development Ordinance, states that 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 and that such screening shall be a minimum of twenty feet wide and shall not be part of the FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 7 SELECT DEVELOPMENT normal street right-of-way or utility easement. 13. That the Nampa Meridian Irrigation, City Fire Department, Ada County Highway District, Ada Planning Association and Central District Health Department submitted comments and they are incorporated herein as if set forth in full. 14. That the Nampa and Meridian Irrigation District's comments were that the Kennedy Lateral courses along the south boundary of this project; that the right-of-way of the Lateral is 55 feet; 35 feet to the right and 20 feet to the left of center facing downstream; that the developer must contact the District for approval before any encroachment or change of right-of-way occurs; that the District required a Land Use Change/Site Development application be filed for review prior to final platting; that all laterals and waste ways must be protected; that all municipal surface drainage must be retained on site and if any surface drainage leaves the site, Nampa and Meridian Irrigation District must review drainage plans; that the developer must comply with Idaho Code 31-3805 and that it is recommended that irrigation water be made available to all developments within the Nampa and Meridian Irrigation District. 15. That the Ada Planning Association comments were that sidewalks be constructed adjacent to the main thoroughfare (i.e., the private road on the site plan); that sidewalks are encouraged throughout Interstate Center in the future; that a north/south sidewalk system be constructed from the private road to the FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 8 SELECT DEVELOPMENT entrance of the entertainment park which would channelize pedestrians through the parking lot; the sidewalk system could be located along the east side of the entrance driveway with raised sidewalks with ramps at the end of each parking row; that a raised sidewalk system be constructed splitting the middle row of parking spaces to provide a safe east/west walkway between the parking and the entrance; that the entertainment center will generate patrons of different ages and the provision of sidewalks through the parking lot would increase visibility of the patrons and minimize 1 conflicts between pedestrians and vehicles; that bicycle parking be incorporated into the development near the entrance. 16. That Ada County Highway District submitted site specific comments and they are as follows: 1. Pave the full width of the private street(s) at least 30 feet beyond the edge of pavement on Overland Road with 15 foot radii pavement tapers. Provide a plan showing how the private road grade meets the public road. District Policy required a design approach speed of 20 MPH and a maximum intersection approach grade of 28 for at least. 40 feet. Street name and stop signs are required for the private road. The signs may be ordered through the District at the cost of $115. Verification of the correct approved name of the road is required. 2. ACHD does not make any assurances that the private road which is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs may be necessary in order to qualify this road for public ownership and maintenance. 3. Obtain cross access easements from the lots to the south for access to Overland Road. 4. If the private road is accepted as a public road, FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 9 SELECT DEVELOPMENT the driveway on Lot 5, Block 1, shall be no wider than 30 feet and constructed with 15 foot radii pavement tapers. 5. Construct a right turn lane on Overland Road at the proposed private road/driveway. Coordinate the design with Traffic Services Staff. 17. The Applicant's representative, Becky Bowcutt, testified that this Application is for a family entertainment fun center located on the property owned by W. H. Moore Company that adjoins Interstate 84; that this project will include bumper boats, miniature golf, kiddie bumper cars and electric care, and batting cage; that there will be a 14,400 square foot building that will house an arcade, snack bar, little party rooms and offices associated with the operation of the park; that to the south is Overland Road, to the east is Kuna-Meridian Road, and on the west boundary is Mountain View Equipment; that this project will be built to ACRD standards; that sewer and water are available; that the area west of the park will remain landscaped, grassed and have picnic benches for present use, but to be used in the future for expansion of the facility; that all parking will be paved and striped and handicap spots allocated; all dumpsters will be screened; the exterior of the facility will be landscaped along the track and also landscaped along the Interstate corridor; that weather permitting, this project will begin as soon as possible to hopefully be open in the spring of 1997; that the hours of operation during the weekdays will be 10:00 a.m. to 10:00 p.m and weekends from 10:00 a.m. to midnight; that the internal ponds will FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 10 SELECT DEVELOPMENT be chlorinated and that the bumper boat pond is on a self circulating system. 18. Jeff Fulmer, from Select Development, testified that he is planning to hopefully have the whole facility completed and opening by May; that the amenities will be shut down in November/December for about 2 to 3 months; that as long as there is not much snow, the miniature golf will stay open year round; that the arcade and the restaurant will definitely be open year round; 1 that regarding future expansion, the market will determine that; that the building may be expanded to enlarge the arcade, however, the area planned for such expansion will remain a "soft" area, grass and future patio for company parties, with no plans for the next three (3) years to develop that area. 19. Carol Lotspeich testified that see owns some property in this vicinity and is concerned about how much noise this project will generate, how the traffic congestion plans to be handled, and how bright the light are going to be. 20. Becky Bowcutt added that this type of facility does not have your standard peak hours that other residential and commercial type uses have and therefore it did not require a traffic study; that the Ada County Highway District has asked that a deceleration lane or a right turn bay on Overland Road be constructed, so the developer will be expanding that section of Overland Road at the entrance; that piping of the Kennedy Lateral will also be done allowing for future widening of Overland Road. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 11 SELECT DEVELOPMENT 21. Mr. Fulmer added that all lighting is projected downward and will have approximately 17 candle power, so it will be fairly well lit but not. real bright; that as far as the sound is concerned, the go-carts are a new cell go-cart with a 5 horse power honda engine; that they are very quiet; that with the berm and the elevation of the building, the traffic from the Interstate will be heard over any attractions that will be going on; that there are no loud speakers or any loud music other than some background music in the miniature golf course area which just accommodates the scenes and the water fall areas; that this property does adjoin the Mountain View Equipment property as far as elevation; that this facility will be built in an area which will have approximately a 20 foot drop off of Overland Road, so the chances of any light coming back up that hill are remote; that the illumination on the batting cage and go-cart track will be the brightest; that the miniature golf course is done with 250 overhead fixtures, approximately 10 candlepower. Mr. Fuller .further added that he, his two partners with their families, and their construction company are relocating to this area and are excited to be here in town. 22. There was no other public testimony given. 23. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 12 SELECT DEVELOPMENT CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian. have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority. to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 4. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by Ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan and Zoning Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 13 SELECT DEVELOPMENT y • • c. The use apparently would. be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. That since the Meridian Comprehensive Plan states under LAND USE, Mixed-Use Areas Adjacent to I-84, Overland Road and Franklin Road, at Page 28, in Sub-Sections 5.10 and 5.14U, that a) development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed, and b), all development proposals in this area will be subject to development review guidelines and conditional use permitting procedures, it is concluded that this application for a conditional use should be granted, but that as required and stated above in this paragraph it should be subject to development review guidelines. 7. That the Applicant shall also be required to do the FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Page 14 SELECT DEVELOPMENT following: a. Meet the requirements placed on the property during its annexation and zoning. b. Meet the requirements of the development agreement that was entered into by Applicant's predecessor in title. c. Meet the requirements and comments of the City Engineer, the Assistant to the City Engineer, and the Planning and Zoning Administrator and submit a landscape plan to her for approval. d. Meet the Ordinances of the City of Meridian, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, Uniform Mechanical Code, the Fire and Life Safety Code, all parking and landscaping requirements. e. Meet the requirements and conditions of the Ada County Highway District, Nampa & Meridian Irrigation District, Central District Health Department, City Fire and Police Departments. f. Meet all of the representations of the Applicant unless they are in conflict with the above requirements or City Ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW/ Paqe 15 SELECT DEVELOPMENT APPROVAL OF FINDIN(i8 OF FACT AND The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP VOTED~t-, ~4 COMMISSIONER OSLUND VOTED Ll~ ~-~ COMMISSIONER SHEARER VOTED L~?~,~ COMMISSIONER MacCOY ~~~ VOTED ~L '" CHAIRMAN JOHNSON (TIE BREAKER) VOTED'-' ~~ ~~~~,~ ~~' DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law. MOTION: i, APPROVED ~~ ~~ ~ ~ ~~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW/ SELECT DEVELOPMENT DENIED Page 16 .: BEFORE THE MSRIDIAN PLANNING AND ZONING COMMISSION CONDITIONAL USE PERMIT FOR THRIFT ~? ~~ STORE AND FARMERS' MARKET ~~ ~ IDAHO YOUTH RANCH, INC. ~,~ EAST FIRST AND RffiQ~ STREET ~~ FINDIN(i8 OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing September 16, 1996, at the hour of 7:30 o'clock p.m., a Petitioner's representative not appearing due to health reasons, and the Planning and Zoning Director, Shari Stiles, presenting the Application, 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 September 16, 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; 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, Idaho Youth Ranch, Inc. is the owner of the property; that the property is described in the application which. FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE 1 description is incorporated herein. 3. Thnt the property ie zoned Old Town, which requires a conditional use permit for the operation of a thrift store and farmers market. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: JOT1 Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi- public, cultural, financial and recreational center of the City.. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the uses proposed by Applicant is a specifically allowed conditional use as retail stores in the Zoning Schedule of Use Control, 11-2-409. 6. That the property had been the Foodtown Grocery Store, flower shop and gasoline distributor and is currently vacant. 7. That sewer and water is available to the property. 8. That the Applicant stated in the Application that the building is in need of some cleaning up, some minor repair to the concrete block, and painting; that landscaping with underground sprinklers, planters and asphalt and new sign will be completed FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE 2 prior to opening; that the Applicant agrees to pay any additional fees regarding trash, sewer, or water; that the Farmer's Market agrees to pay their portion for trash, sewer and water for their lot. 9. That Ms. Stiles, presented the application to the Commission and stated that the Applicant has submitted a straight forward project; that they are adding the parking and some landscaping that hasn't existed at the site before; that the Ada County Highway District has placed some restrictions on "in and out" traffic because the Applicant plane to still use the existing pumps as part of their program plus probably open them to the public; that to the north of King Street, adjacent to this parcel, will be Hill's Farmers' Market; that the Applicant has agreed to staff's conditions and has agreed to be responsible for the roadway improvements and landscaping improvements that are apart of Hill's Farmers' Market; that the tanks have been tested and are planned to be used by the Idaho Youth Ranch; that the City will request a letter from the Health and Welfare or appropriate agency for approval to leave the tanks in place; that Hill's Farmers' Market is planning to erect on the parking lot adjacent to this parcel a building which is north of King Street, hook up to sewer and water and have their own parking lot; that at this time it is not known if the Applicant is planning to use the existing sign, however, for Hill's Farmers' Market and Mr. Hill'e use of A frame signs, the City's expectations will be made known; that Mr. Hill is intending FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE 3 ~J to move the existing building from Fairview Avenue to the Ring Street location; that the building inspector will inspect the building and make sure that it is up to Code before an occupancy permit is obtained. 10. That Ms. Stiles added that the Idaho Youth Ranch agreed to let Mr. Hill come in as part of their conditional use permit to save Mr. Hill some money; that staff comments require that a 20 foot landscape strip on the Hill parcel and because of the use of the tanks by the Idaho Youth Ranch, they would have to meet the tree and landscaping requirements. 11. That the Meridian Planning and Zoning Administrator, Shari Stiles, and Assistant City Engineer, Bruce Freckleton submitted comments and they are incorporated herein as if set forth in full as follows: 1. That any existing irrigation/drainage ditches crossing the property shall be tiled. 2. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance, but wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the design of site drainage plan. 4. All paving, striping and signage of parking lot to be in accordance with Meridian City Ordinance and the Americans with Disabilities Act. All off- street parking spaces are to be paved. Parking stalls are to be 9'x 19' minimum with 25' driveways. 5. Submit a drainage plan designed by a State of Idaho FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE 4 licensed architect or engineer for all new off- street parking areas for approval by the City Engineer/Public Works Department. 6. Lighting shall not illuminate residential properties .or cause glare problems, as determined by the City of Meridian. 7. Each applicant shall obtain certificates of occupancy prior to opening for business. 8. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning 6 Zoning Department. Multiple A-frame signs are not desirable on East First Street. Sign permits are needed for all signage. 9. Coordinate fire access and hydrant locations with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Any new fire hydrant locations shall be depicted on buil ding plans. 10. Indicate any existing FEMA Floodglain Boundaries on the Site Plan Map, and/or any plans to reduce said boundaries. 11. All construction to be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 12. That Bruce Freckleton and Shari Stiles submitted site specific comments and they include the following: 1. Sanitary sewer and water service to the Idaho Youth Ranch store is existing. Sewer for the proposed Hill's Farmers Market is currently located in the alley north of Osprey Boa`..s. Water is available from a main in King Street. 2. As East First Street is designated as an entrance corridor, particular attention must be paid to landscaping this frontage. Applicants for other projects have been required to maintain a minimum 20 foot (20') wide planting strip along East First Street. With continued use of the existing gas tanks proposed, the opportunity for landscaping is FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE 5 very limited. However, since the Hill's Farmers Market sit is currently undeveloped, this 20 foot (20') wide planting strip is required. A minimum of one (1) three inch (3") caliper tree is required for every 1,500 square feet of pavement. All landscaping and pressurized irrigation system shall be in place prior to obtaining a certificate of occupancy. Appropriate bonding must be secured prior to temporary occupancy. 3. Provide Five foot (5') wide sidewalks on both sides of Ring Street and on Sast First Street in accordance with City Ordinance Section 11-9-606.B. Driveways are to meet the requirements of the Ada County Highway District (ACRD). 4. Any proposal for a supplementary connection form the City's water system to the pressurized irrigation system will need to be reviewed closely due to the size of the area to be watered. 5. If significant changes from the plan submitted are made, additional hearings may be required at the City's discretion. The conditional use permit shall be subject to yearly review upon notice to the Applicant. All building plans are subject to detailed review. Applicant to submit remodeling plans for approval prior to construction. 6. Utility locations need to be included on the plan for approval by the Public Works Department. 7. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc. Locate dumpsters so as not to impede fire access. 8. Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whethe~~ additional assessment fees should be charged. A re-assessment agreement will be entered into with the Applicant prior to issuance of a building permit. 13. That Central District Health Department, Meridian Fire Department, Meridian City Police Department and the Nampa Meridian Irrigation District submitted comments and they are hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE 6 incorporated herein as if set forth in full. 14. That the Meridian Fire Department commented that all Codes will need to be met when remodeled and if the underground fuel tanks are not put to use they will need to be pulled out of the ground. 15. That the Ada County Highway District submitted comments and they are incorporated herein as if set forth in full; that the site specific comments are as follows: Northwest Parcel - Farmers market: 1. Replace the existing 27 foot wide curb cut on the northern parcel on East 1st Street with standard curb, gutter and concrete sidewalk to match existing improvements. 2. Construct standard vertical curb, gutter, 5 foot wide concrete sidewalk and match paving on King Street abutting the parcel. Improvements shall be constructed to one-half of a 41 foot street section. 3. Eliminate the perpendicular parking proposed on the north side of Ring Street. The Applicant may construct 24 to 30 foot wide curb cuts if they are located a minimum of 50 feet west of East 1st Street and separated 50 feet from any existing or planned driveways on either aide of King Street (this included the driveway listed in (10.) below) as measured from near edge to near edge. 4. Direct lot or parcel access to E. 1st Street is prohibited. 5. Pave all driveways their full required width of 24 to 30 feet wide and to a point 30 feet beyond the edge of pavement. Southwest Parcel - Idaho Youth Ranch Thrift Store 6. Reconstruct the existing 40 foot wide curb cut on E. 1st Street as a 20. foot wide curb return approach. This driveway shall be restricted to FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE 7 entering vehicles only with appropriate signage. 7. Pave the alley abutting the site's south boundary its full required width of 17 feet abutting the parcel (300 feet). 8. Construct standard vertical curb, gutter, 5 foot wide concrete sidewalk and match paving on Ring Street abutting the parcel. Improvements shall be constructed to one-half of a 41 foot street section. 9. The existing driveway on the south side of Ring Street, located approximately 15 feet west of E. 1st Street shall be approved as proposed provided the Applicant reconstruct the driveway as a 20 foot wide curb cut, restricted to exiting vehicles only with appropriate signage. 10. Construct a 24 to 30 foot wide curb cut on Ring Street, as proposed, located approximately 185 feet west of E. 1st. Street. 11. Pave all driveways their full required width of 24 to 30 feet wide to a point 30 feet beyond the edge of pavement. 12. Other than the approved entrance only curb cut on E. 1st. Street, direct lot or parcel access to E 1st. Street is prohibited. 16. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 17. That no other testimony was offered regarding this application. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE 8 within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418 D of the Revised and Compiled Ordinances of the City of Meridian, Idaho; 4. That 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit is required by Ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit tc. allow the uae. c. The use apparently would be designed and _ constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDA$O YOUTH RANCH PAGE 9 e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. The use would not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use 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 City Engineer, the Planning and Zoning Administrator, and Ada County Highway District must be met and complied 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 paving requirements. 7. That the structure on the property must be brought up to all Codes prior to issuance of an occupancy permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE 10 APPROVAL OF FINDINGS OF FACT AND The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of, Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED "` VOTED ~r{ ~ '~ ~~ VOTED L r"~t L, ~~~~ `~f v't e' VOTED ~ ,~F VOTED I/~~, ;~ - DECISION AND REC014IENDATION 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: ~~°r DISAPPROVED: (~~ ~~ ~ /' FINDINGS OF FACT AND CONCLUSIONS OF LAW - IDAHO YOUTH RANCH PAGE 11 BEFORE THE MERIDIAN PLANNING AND ZONING WAYNS S. & KAREN L. FORREY CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT - GENERAL PINE CENTER PARK MERIDIAN, IDARO 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., the Petitioner, Wayne S. Forrey, appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the Application, the evidence and the matter, makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing 'on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for September 16, 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; 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 1 Meridian; that the land is currently farmed on a year to year, temporary basis; that the subject property is 12.75 acres; that the Applicant stated that it is proposed to develop a Planned Unit Development - General (PD-G) to include a mix of community facilities, institutional uses, recreation facilities, residential, commercial and industrial uses which requires unusual design flexibility to achieve completely logical and complementary conjunction of uses and functions; that Mr. Forrey stated, in his Application, that the characteristics which made this conditional use desirable is that this Planned Unit Development General provides for a workable and functional transitional land use development between the present residential uses adjacent to the site and a transition to the industrial and commercial uses in the area; that the Elderly living center is located at the north of the PD-G site which is closest to the existing residential uses; that the Professional Office Building has been placed at mid PD-G .site, which is adjacent to the Railroad right of way; that this is desirable because the existing property values can be protected and maintained; that this Conditional Use Permit for Planned Development - General has been planned and designed to reflect and incorporate the eight (8) Planned Development provisions of the Meridian Zoning and Development Ordinance; that residential properties border the site on the North, East and West; that the neighbors want the Elderly living Center to be located near Pine FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARR ZI - Paqe 2 Avenue at the north to be compatible and protect their property values; that the property owner is Bedelco, Inc., Edward L. Bewa, and that the Forrey's are purchasing the west 12.75 acres of the Bedelco, Inc., property. 3. That the property is currently zoned I-L Light Industrial District and which is defined in the Zoning Ordinance at 11-2-408 B. as follows: (I-L) Light Industrial: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas beat suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 4. Conditional Uae Permit is defined in the Zoning Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 5. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full herein and are as follows: That any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M; that any existing domestic wells FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 3 and/or septic systems with this project shall be removed from their domestic service per City Ordinance, except for wells may be used for non-domestic purposes such as landscape irrigation; that outside lighting shall be designed and placed so as to not direct illumination on any nearby residences; that all signage shall be in accordance with Meridian City Ordinances; that off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance and/or as detailed in the site-specific requirements; that sewer service to this facility is contingent upon positive results from computer model analysis; that water service to this development is contingent upon positive results from a hydraulic analysis by our computer model; that 5 foot wide sidewalks be provided on both sides of proposed streets according to City Ordinance Section 11-9-606 B; that paving and striping shall be in accordance with the standards set forth in Sections 11-2-414 D 4. and 11-2-414 D 5. of the City of Meridian Zoning and Development Ordinance and in accordance with Americana with Disabilities Act (ADA) requirements; that the Meridian Fire Department requires a minimum width of 25' for driveways; that a drainage plan shall be submitted designed by a State of Idaho licensed architect or engineer for all off-street parking areas for approval by the City Engineer; that fire hydrant placement shall be coordinated with the City of Meridian's Water Works Superintendent, and that any existing FEMA floodplain Boundaries on the Site Plan Map, and/or any plans to reduce said boundaries shall be indicated. That specific site comments of Bruce Freckleton and Shari Stiles are as follows: a. Sanitary sewer and water services are existing in Pine Street; that the Applicant will be responsible to construct the sewer and water mains to and through this proposed development; that the project design engineer is to coordinate main sizing and routing with the Meridian Public Works Department; that sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines; that water lines shall be located on the north and east sides of roadway centerlines. b. Provide a 250-watt high pressure sodium streetlight on Pine Street and at locations designated by the Public Works Department. All streetlights shall be installed at Applicant's expense. Typical locations are at street FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 4 intersections and/or fire hydrants. c. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered; that the Applicant shall provide a statement as to the ownership of and operation and maintenance for the pressurized irrigation system. d. Permanent perimeter fencing is to be provided prior to obtaining building permits; that details of fencing and required buffering of adjacent property shall be provided; that detailed landscape plans, showing species and sizes, are to be provided for approval as part of the building permit process; that a minimum 20' planting strip is required along Pine Street beyond required right-of-way and that the screening fence shall not encroach on this 20' planting strip. e. That Pine Street is designated as a Minor Arterial on the Functional Street Classification Map. Pine Street in this location requires a bicycle lane. Site plan show a 45' right-of-way south of centerline. ACHD has revised their previous comments to require only 33' of right-of- way from centerline; that if this 33' right-of-way is approved by Council, it must accommodate the required bicycle lane; that the Applicant shall provide evidence of dedication of all needed right-of-way, along with a letter from ACHD that Pine Street width is adequate to allow bicycle lane, prior to obtaining building permits. f. Construction of curb, gutter and a five (5) foot wide sidewalk along all public rights-of-way. g. A Record of Survey is required to be prepared for approval and signature of the City Engineer for a one- time split. Platting should proceed for the remainder of the property. h. That the drain that currently exists along Pine Street has been piped, but water has been observed in this area since construction. Submit letter of approval from Nampa and Meridian Irrigation District, along with any license agreement. All piping and drainage shall be located outside of the required right-of-way. Nampa and Meridian Irrigation District has indicated that, due to the FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 5 required depth of the pipe (15t), their easement cannot be reduced, nor can any trees be planted within their easement. i. All construction is to be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. j. That Five Mile Creek shall be developed as a pathway in accordance with the Meridian Comprehensive Plan and the Ada County Ridge to Rivers Pathway Plan. k. What phasing is proposed for this project? Temporary turnarounds and other provisions may be needed based on development schedules. 1. If significant changes from the plan submitted are made, additional hearings may be required at the City's discretion. All building plans are subject to detailed review. 6. That comments were submitted by the Meridian Fire Department which were that all codes will need to be met, that all water supplies, that all fire hydrants and fire sprinkler systems will need to be approved, and that it is uncertain if the City can supply 1500 gallons per minute in this area. 7. That the Nampa and Meridian Irrigation District submitted comments that were that the Gruber Lateral courses along the south boundary of the project, that the right-of-way of the Gruber Lateral is 30 feet, 15 feet from the center each way facing downstream, that the developer must contact the District for approval before any encroachment or change of right-of-way occurs, that a Land Use Change/Site Development application be filed for review prior to final platting, that all laterals and waste ways must be protected, that all municipal surface drainage must be FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 6 retained on site, and that the District must review drainage plans and that the Developer must comply with Idaho Code 31-3805. 8. That comments were submitted by the Ada Planning Association (APA) ; that due to the multi-uses and the 120 unit elderly living center, the APA recommends a more comprehensive pedestrian walkway system be integrated into this development; that sidewalk location should include: 1. Along West Pine Street adjacent to the subject development. 2. Along Penrith Avenue abutting to the subject development site. 3. Along East Commercial Street adjacent to the subject development. 4. Through the driveway throats connecting into a sidewalk system to the buildings. 5. A sidewalk system in the development south of East Commercial Street; the Applicant may wish to provide a pedestrian system to Five Mile Creek Natural Park. 9. That the Ada County Highway District submitted comments regarding this application and they are incorporated herein as if set forth in full; that the Districts site specific comments include the following: a. Dedicate additional right-of-way to total 66 feet of right-of-way from the existing northern right-of-way line for Pine Avenue abutting the parcel (16 additional feet) prior to issuance of building permit or other permits; that the owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone; that if the owner wisher to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 7 Ordinance #188. b. Construct a 5-foot wide concrete sidewalk on Pine Avenue abutting the parcel, located one foot (1') within the new right-of-way line. c. Construct Penrith Avenue as a public street to a 41 foot back-to-back street section with curb, gutter and 5 foot wide concrete sidewalks with a 58 foot right-of-way; Penrith Avenue shall be offset a minimum of 150 feet from Stonehenge Way and Ralstin Place, centerline to centerline. d. Construct Commercial Street as a public street to a 41 foot back-too-back street section with curb, gutter and 5 foot wide concrete sidewalks with a 58 foot right-of- way, to connect to the stub street for Commercial Street as approved in the preliminary plat for Railside Subdivision on the site's east boundary, and with a stub street to the site's west boundary. Construct a paved temporary turnaround with an appropriate easement at the site's west boundary for Commercial Street. e. Five 24 to 30 foot wide driveways are approved as proposed on Commercial Street; that the driveways shall abe separated by a minimum of 50 feet (as measured from near edged to near edge). f. Four 24 to 30 foot wide driveways are approved as proposed on Penrith Avenue. The northern driveway shall be located as proposed 100 feet south of Pine Avenue and all driveways shall be separated by a minimum of 50 feet (as measured from near edge to near edge). g. That direct lot or parcel access to Pine Street is prohibited. 10. That comments were submitted by the Meridian Police Department and Central District Health Department and they are incorporated herein as if set forth in full. 11. That Mr. Wayne Forrey testified at the Planning and Zoning Hearing, that he and his wife, Raren, are purchasing 12.75 acres at East Pine Avenue to develop a Planned Unit Development FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 8 General; that the project includes a mix of community service uses and facilities, institutional uses, recreational facilities, residential, commercial and industrial uses to achieve a Planned Unit Development General as defined by the Meridian Zoning and Development Ordinance; that the project includes the following mix of uses: 1. An elderly living center, 120 units 3 story building including independent and assisted living; that within the elderly living center, a variety of commercial uses, a gift shop, bank, beauty shop, massage therapy, a chapel, technology resource center, recreation center, a large banquet room, a small banquet room an entertainment and stage area a counseling center and a commercial laundry; that all of the commercial uses would be available to the community at large; that within the elderly living center there are residential uses and accessory uses to the residential use within the elderly center, which are the living units, one, two and three bedroom with full bathroom and full ADA accessibility, a dining room, indoor courtyard and plaza which would be enclosed or covered at the third level, but open at levels one and two; a personal laundry, greenhouse and solarium combination; there are two garden spaces (A & B) noted, an activity room, van transportation, telecommunications, wiring alarm system to each room, 24 hour maintenance and security and all facilities would be fully handicapped accessible. 2. A 40,000 square foot, 3 story professional office building for commercial use on a lease tenant basis; two (2) storage buildings which are single story and are commercial facilities for commercial use; two (2) flexible space buildings, the larger one is 23,000 square feet and single story, the other is 7,700 square feet and also single story; that both buildings are for a variety of office warehouse, commercial and industrial uses contained within those buildings for commercial and industrial use on a lease tenant basis; that there are two (2) greenhouses, the larger is 3,200 square FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 9 feet and the smaller is 1,600 square feet; that these would be wholesale facilities; that there will be a central maintenance building, 800 square feet and also an outside garden shed; that there are four (4) outdoor courtyards and plazas with plaza A an accessory use to the living center; Plaza B and C are accessory uses to the professional office building; outdoor courtyard and plaza B is an accessory use to the industrial and commercial uses south of Commercial Street. Mr. Forrey added that this project is desirable because the elderly living center is located on the north portion of the Planned Development General site which is closest to the existing residential land uses; that the professional office building is located at mid site to provide a transition between the elderly center and the industrial and commercial uses which are located closer to the railroad; that by using this mix and this transitional design, property values in the area can be protected; that this property has only about 415 feet of frontage on Pine Avenue but is 1185 feet deep; that it is a narrow, long and skinny [parcel of land] and exceptionally difficult to develop as a single use development; that he has achieved each of the eight objectives in the City's Planned Development Ordinance; that he accepts the City Engineer's, City Planners and Aighway District's comments and will develop in accordance with the agency approvals; that this project has been redesigned to address all of the City objectives for a Planned Unit Development - General. 12. The Applicant's counsel, Robert Phillips, testified reiterating testimony already given by the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK iI - Page 10 13. Commissioner MacCoy questioned and exchanged dialogue with Mr. Forrey with regards to an elevator system and complying with the Americans with Disabilities Act, as well as the possibility of a handicapped individual wandering into the industrial section where the possibilities of some trucking taking place and the safety of that individual; security; lights; the reasoning behind the greenhouses; signage for the professional building and buffer zones. 14. Mr. Forrey responded that compliance and handicapped accessibility would go beyond the minimum requirements; that every unit would be in full compliance with the Americans with Disabilities Act (ADA); that the activity and being around people is looked at as being very positive and he doesn't see the nearby industrial as being negative; that the idea of the greenhouse came from the idea of being landscape conscious and there being a shortage of landscape materials that he found a need; that a tenant would take and build a wholesale operation just to supply landscape materials to local business in this growing community that the professional office building would be class "A" office space with a variety of tenants, insurance, real estates [and other uses]; that the thought is to get a corporate person that would take one floor of the building so to have small business and medium size businesses there, corporate office space only, not retail oriented; that the entire area around the elderly center will be fully FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 11 lighted and this includes lamps along the sidewalks as well; that there is a 40 foot landscape area on the east side of this project, for a buffer, as well as nice landscaping on the north and west sides, with buildings south of the Railroad tracks. That the project would be phased construction; that the market will dictate the timing of the professional office building and the flexible space buildings, A ~ B; that Phase One will be the elderly living center and all of the facilities it needs to make that support; that there is a very real possibility that Commercial Street would be built at the same time Penrith is built, but may not be simultaneously; that the gravel access road existing along the railroad track at the southwest corner will remain for City access to maintain the sewer line underneath that road and that access to other pieces of the Gruber Lateral will be provided. 15. Mr. Phillips added that there is some assisted care provided within the elderly living center, but it is not nursing home oriented. 16. That planned units are defined in Section 11-2-403 as follows: Planned Development (PD1 - An area of .land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts of this Ordinance. Planned Commercial Development (PD-C1 - Any development in FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 12 which the principal use of land is for commercial purposes. Planned General Development (PD-GI - A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complementary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses. Planned Industrial Development (PD-Il - Any developments in which the principal use of the land area is for industrial purposes or accessory uses customarily relating to industrial uses with the balance of such areas, if any, being intended for commercial uses as reasonably relates to the support or convenience of the intended industrial uses or their occupants. Planned Residential Development (PD-R) - Any development which is predominantly residential including those accessory purposes customarily relating to residential uses with the balance of such area, if any, being intended for such uses as reasonably relate to the support or convenience of the residential uses of other occupants. 17. The Subdivision and Development Ordinance addresses Planned Unit Development in 11-9-607; the provisions of that Section are applicable to this application and the section is incorporated herein as if set forth in full; that some of the particular applicable provisions state as follows: 9-607 A PURPOSE The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 13 9-607 B APPLICABILITY Whenever there is a conflict or difference between the provisions of subsection 9-607 and other sections of this Ordinance, the provisions of Section 9-607 shall prevail. Subjects not covered by Section 9-607 shall be governed by the respective provisions found elsewhere in this Ordinance. 9-607 D PROCEDURES FOR PLANNED DEVELOPMENT (PD) Any person as the agent, or agent for the owner of any property within the City, may apply for Planned Development approval. All applicants shall follow the procedures as provided in Section 9-604 of this Ordinance, PROCEDURES FOR SUBDIVISION APPROVAL. In addition, the developer shall provide the Council with a colored rendering of adequate scale to show the completed development that will include at least the following: 1. Architectural style 2. Building materials 3. Landscaping; 4. Screening; 5. Garbage areas; 6. Parking; and 7. Open space. and building design; and color; 9-607 E MODIFICATION OF DISTRICT REGULATIONS A PD shall be allowed only as a Conditional Use in each district subject to the standards and procedures set forth. in this Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section. 9-607 F GENERAL REGULATIONS FOR PLANNED DEVELOPMENT 1. Planned Developments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. 3. Owners' Association - The Owners' Association Bylaws and other similar deed restrictions, which provide for the control and maintenance of all common areas, recreation FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 14 facilities or open space, shall meet with the approval of the Council. 7. Bonus Density - The following bonus densities may be granted within a Planned Development, but shall not be treated as cumulative: a. Provision for private, common open space in a PD shall be considered cause for density increases not to exceed twenty-five percent (258); b. Character, identity, and siting variation incorporated in a PD shall be considered cause for density increases not to exceed twenty-five percent (258). 8. Financial Guarantees - The developer shall post financial guarantees for all approved on-site improvements if required pursuant to 9-606 C. 9-607 G GENERAL STANDARDS FOR PLANNED DEVELOPMENTS (PD) 6. Landscaping - a. Screening of off-street parking, loading and waste storage areas shall be required. b. Screening shall be required as a buffer between residential and non-residential uses or structures in a PD. c. All ground surfaces in a PD shall be covered with a vegetative cover growth or other ground treatment capable of preventing soil erosion under normal surface runoff conditions. 8. Design Review - All PD's shall be subject to design review by the City Staff and Council. 9-607 H DESIGN STANDARDS FOR PLANNED DEVELOPMENTS - RESIDENTIAL (PD-R) 2. Parkins Space - One (1) additional parking space beyond that which is required by the Zoning Ordinance may be required for every three (3) dwelling units to accommodate visitor parking. 3. Maintenance Building or Approved Area - A maintenance building or approved area shall be provided that is suitable for the services required for the repair and maintenance of all common areas. 9-607 I DESIGN STANDARDS FOR PLANNED DEVELOPMENTS - FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 15 COMMERCIAL (PD-C) 1. Buffering and Screening - When commercial structures or uses in a PD-C abut a residential use, sight-restricting screening or buffering shall be provided. In no event shall any structure in a PD-C be located nearer than twenty feet (20') to a residential use. Off-street loading and waste storage areas shall be visually screened on all sides. 2. Liahtinq - Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas. 3. Design of Site - A PD-C shall be designed to harmonize with adjacent uses as to height, bulk, location, and use of exterior materials. Sides and rears of all buildings shall be given treatment comparable in attractiveness to their principal frontage. Pedestrian walks, plazas, and open spaces shall be located to provide maximum accessibility among the various buildings of the PD-C. Open spaces shall be so located as to provide for maximum visibility by customers and to create a harmonious relationship between buildings and exterior spaces throughout the project. 9-607 J DESIGN STANDARDS FOR PLANNED DEVELOPMENTS - GENERAL (PD-G) 1. PD-G shall be subject to all applicable standards as set forth in Section 9-607 of this Ordinance, with each land use conforming to the PD criteria for said land use. 18. That Section 11-2-409 A, Residential, lists General Planned Residential as a Conditional Use in the Light Industrial zone; that Section 11-2-409 A does not list Planned Residential Development as a Permitted or Conditional Use in the Light Industrial zone nor does it list Multi-Family Dwellings as either a Permitted Use or as a Conditional Use. Section 11-2-409 B Commercial, lists Planned Unit Development - General as a Conditional Use in the Light Industrial zone, but does not list Planned Unit Development - Commercial or Retirement FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 16 u Bomes as Conditional Uses or Permitted Uses in that district. That Section 11-2-409 C Industrial, does list Planned Unit Development - General as a Conditional Use and Planned Unit Development - Industrial as a Permitted Use. 19. That Section 11-2-418 C of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council .shall review applications for Conditional Use Permits; that the section states as follows:: 11-2-418 C, GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and shall find adequate evidence showing that such use at the proposed location: 1. Will, in fact, constitute a conditional use as determined by City policy. 2. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance. 3. Will be designed, constructed, operated and maintained to be harmonious and appropriate in ap- pearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area. 4. Will not be hazardous or disturbing to existing or future neighboring uses. 5. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services. 6. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community. FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARR II - Page 17 i • 7. Will not involve uses, activities, processes, materials, equipment and conditions of operations that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 8. Will have vehicular approaches to the property which shall be so designated as not to create an interference with traffic on surrounding public streets. 9. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 20. That section 11-2-418 D. states as follows: "In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence." 21. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 18 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statues and ordinances, and of actual conditions existing within the City and state. 4. That the City of Meridian has authority to place conditions on a conditional use permit and the uae of the property pursuant to 67-6512, Idaho Code, and pursuant to that section, conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be required for any conditional use permit; that 11-2-418 D authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. That the City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it.and the things of which it may take judicial notice. 6. That the conditional use permit, if granted, would be treated as being conducted in a Light Industrial District since FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 19 that is the zone of the land. 7. That it is concluded that the provisions of the Zoning Ordinance, regarding planned developments, listing Planned Unit Development - General Planned Residential as a Conditional Use in the Light Industrial District, but not listing Planned Residential Development, also, as a Conditional Use in that District, are quite problematical, particularly when dealing with an Application requesting approval of a Senior Citizen Boarding and Lodging Complex, and other associated uses, as a Planned General Development. 8. That the definition sections, regarding planned developments, provide little instruction because they only state that planned developments may be entirely residential, industrial, commercial, or a mixture of complementary conjunctive uses; the Sections provide very little guidance for determining when a planned development is, or should be deemed to be, residential, commercial or industrial, or a Planned General Development because of a mixture of complementary uses. 9. That with regard to the prime use of an Elderly Living Center and the application for a General Planned Development, it is concluded that under the Residential Section of 11-2-409 A, RESIDENTIAL, a Planned Residential Development in the I-L District is not authorized as a permitted or conditional use, but a Planned Unit Development - General Planned Residential is allowed as a FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 20 Conditional Use. 10. That Ordinance 11-9-607 of the Subdivision and Development Ordinance controls development of a Planned Development and 9-607 J, states that a PD-G shall be subject to all applicable standards as set forth in Section 9-607 of this Ordinance, with each land use conforming to the PD criteria for said land use and that one of the required provisions in Section 9-607, which is not generally applicable to applications other than for planned developments, is that all Planned Developments are subject to design review by the City Staff and Council. 11. It is concluded that the above uses, mentioned as being in the development, are accessory purposes customarily related to the prime residential use of the Senior Citizen Boarding and Lodging Complex and are intended for such uses as reasonably relate to the support or convenience of the prime residential use. 12. That it is concluded that in Section 11-2-409 C, INDUSTRIAL, a Planned Unit Development Residential is not allowed as a permitted or a conditional use, but a Planned Unit Development - General is allowed as a Conditional Use. 13. That it is concluded that a Planned Unit Development - General is a allowed as a Conditional Use under 11-2-409 C, INDUSTRIAL. 14. 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 PINE CENTER PARK II -.Page 21 Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use of land for a Senior Citizen Complex and the other suggested uses would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; that it is concluded that the Senior Citizen Complex and a majority of the other suggested uses must be placed on the property. b. The uses may be harmonious with and in accordance with the Comprehensive Plan and that the Zoning Ordinance requires a conditional use permit to allow the use the primary use and the other suggested uses. c. The uses must be designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use likely would be operated and maintained to be harmonious with the intended character of the general vicinity and may not change the essential character of the area. d. That the uses would not be hazardous nor should they be disturbing to existing or future neighboring uses if the conditions are met. e. All uses on the property must connect to sewer and water, contingent on positive results from computer model analysis. f. The uses would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 22 person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. h. That sufficient parking for the proposed uses shall be required to meet the requirements of the City ordinance. i. The development and uses should not result in the destruction, loss or damage of a natural or scenic feature of major importance. 15. That since conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on -other development, it is recommended by the Planning and Zoning Commission that the City Council place conditions on the use and development. 16. That it is recommended that the City Council require that all comments and conditions of the City Staff, the Ada County Highway District, and Nampa & Meridian Irrigation District be met. 17. That since the land is zoned Light Industrial, since it has been concluded that the use is a Planned Unit Development - General, and since a Planned Unit Development - General is allowed as a permitted or conditional use in the Light Industrial District under the Zoning Ordinance, it is concluded that the Application should be treated as such, a Planned Unit Development - General, and, therefore, it should be approved. 18. That the Applicant shall also be required to do the following: a. Meet the requirements and comments of the Assistant to the City Engineer and the Planning and Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 23 Administrator. b. Meet the Ordinances of the City of Meridian, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, Uniform Mechanical Code, the Fire and Life Safety Code, all parking and landscaping requirements. c. Meet the requirements and conditions of the Ada County Highway District, Nampa & Meridian Irrigation District, Central District Health Department, City Fire and Police Departments. d. Meet all of the representations of the Applicant unless they are in conflict with the above requirements or City Ordinances. e. Meet all of the requirements of 11-9-607 f. Submit a landscape plan to the Planning and Zoning Director and have it approved by her. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian City Planning and Zoning hereby adopts and approves these Findings of Fact and Conclusions and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND SHEARER MacCOY JOHNSON (TIE BREAKER) VOTED ~ ~~ ~ II VOTED ~~ ~° L- i'~ VOTED ~{~1 Cp't-. VOTED ~t 1~;1~~t'~t,~"~., VOTED (~ -f r FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 24 The Meridian City Planning and Zoning hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law. MOTION: ,~y APPROVSD:~ ~ DISAPPROVED: ~~~~ `. f J ~~~~~~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW PINE CENTER PARK II - Page 25