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.
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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
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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:(
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,,~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:
~~~~
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
PINE CENTER PARK II - Page 25