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1997 03-11r MERIDIAN PLANNING & ZONING COMMISSION AGENDA TUESDAY, MARCH 11, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD FEBRUARY 11, 1997: (APPROVED) 1. TABLED MARCH 11, 1987: REQUEST FOR A PRELIMINARY PLAT FOR SPARKLING SPRINGS SUBDIVISION, 43 LOTS, WEST OF MERIDIAN ROAD, %. MILE SOUTH OF USTICK ROAD, BY JIM CARRIE: (APPROVE RECOMMENDATION TO CITY COUNCIL) 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE OF 8.38 ACRES FROM R-4 TO L-0, '/. MILE EAST OF TEN MILE, NORTH SIDE OF CHERRY LANE BY PRESTIGE CARE: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 44 UNIT ASSISTED LIVING FACILITY WITH A 16 UNIT ALZHEIMER WING, 10 GARDEN APARTMENTS, AND A TWO STORY, 106 SUITE RETIREMENT COMPLEX, '/. MILE EAST OF TEN MILE, NORTH SIDE OF CHERRY LANE BY PRESTIGE CARE: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR EXPANDED BLEACHER SEATING, ACCESSORY STRUCTURES AND MOVING TWO RELOCATABLE CLASSROOMS BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST OF 5 ACRES TO T-E, TECHNICAL DISTRICT BY B.W. INC.: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR MERIDIAN MIDDLE SCHOOL ACADEMY BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE .PERMIT FOR A FULL SERVICE SALON WITH TWO STYLING STATIONS, NAIL TECHNICIAN AND MASSAGE THERAPY ROOM BY KELLI STEWART: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A PROFESSIONAL OFFICE BUILDING BY JAMES KELLER AND REID OLSEN: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE OF 9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: (APPROVE FINDINGS, APPROVE RECOMMENDATION TO CITY COUNCIL) 10. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. 35.23 ACRES TO R-4 BY PNE/EDMONDS CONSTRUCTION: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 11. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR PACKARD SUBDIVISION N0. 2 BY PNE/EDMONDS CONSTRUCTION: (TABLED UNTIL APRIL 8, 1997) 12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. 4.26 ACRES TO L-O BY A'a LLC: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 13. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE BUILDINGS BY A'a LLC: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 14. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. ONE HALF ACRE TO R-2 BY DAVID & BECCI CARMACK: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 15. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. ONE ACRE TO R-15 BY LARRY 8~ KAY HANSEN: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 16. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: {CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 17. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE FACILITY FOR 13+ CHILDREN BY RHONDA WILLIAMSON (R- HOUSE CHILD CARE): (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 18. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE EMISSION TESTING STATION BY JOSEPH HANSON (IDAHO AIR): (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 19. REQUEST FOR A VACATION OF WEST BOUNDARY OF LOT 36, BLOCK 1, HAVEN COVE SUBDIVISION N0. 5 BY PACIFIC LAND SURVEYORS: (RECOMMEND A~!PR©VAL TO CITY COUNCIL) 20. REQUEST FOR A VACATION OF SEWER EASEMENT BY BERTA NEELY (NAPA AUTO'PARTS): (RECOMMEND APPROVAL TO CITY COUNCIL) i ~ MERIDIAN PLANNING & ZONING COMMISSION AGENDA TUESDAY, MARCH 11, 1997 - 7:00 P.M CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD FEBRUARY 11, 1997: apps-ove- 1. TABLED MARCH 11, 1997: REQUEST FOR A PRELIMINARY PLAT FOR SPARKLING SPRINGS SUBDNISION, 43 LOTS; WEST OF MERIDIAN ROAD, '/. MILE SOUTH OF USTICK ROAD, BY JIM CARRIE; cc~~rove ~'2c©m ra.zv~dation- fn C~~ 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE OF 8.38 ACRES FROM R-4 TO L-0, %. MILE EAST OF TEN MILE, NORTH SIDE OF CHERRY LANE BY PRESTIGE CARE: G~Z//,~~rove ~'l{¢ L/G ~~/fOVI..~!'~2CfJ~N2~f2GC2~i bn~ ~I7 C'-~~ 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 44 UNIT ASSISTED LIVING FACILITY WITH A 16 UNIT ALZHEIMER WING, 10 GARDEN APARTMENTS, AND A TWO STORY, 106 SUITE RETIREMENT COMPLEX, '/. MILE EAST OF TEN MILE, NORTH SIDE OF CHERRY LANE BY PRESTIGE CARE: a~~. we ~{jF ¢ c j~ czpoi-r~.e Ye com n,~. da-orb,.. t~ e/c, 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR EXPANDED BLEACHER SEATING, ACCESSORY STRUCTURES AND MOVING TWO RELOCATABLE CLASSROOMS BY MERIDIAN JOINT S~HOOL DISTRICT N0.2 rz~prno~ {l~ c"lG ~p~orr~~~ /-.~cemh.e~ut"~iia~ ~v C'/e.~ 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST OF 5 ACRES TO T-E, TECHNICAL DISTRICT BY B.W. INC.: u~i{r~rc f~~ ~ L'/L ~~~inov~t j-ec~.,n.e~a'a,ri~.• ~z, `'%c. 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR MERIDIAN MIDDLE SCHOOL ACADEMY BY MERIDIAN JOINT SCHOOI, DI~TRICT NO.2: a~~fOO C ~/~ P L~/C, ~ ~ii-or:C recorn rr.~.da frt~..~ ~A G'/cu.~ 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE SALON WITH TWO STYLING STATIONS; NAIL TECHNICIAN AND MASSAGE THERAPY ROOM BY KELU STEWART: ~prvve ~/F~ ~ C%L 8. FINDI~GS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A PROFESSIONAL OFFICE BUILDING BY JAMES KELLER AND REID OLSEN: ~t~p~rli-ove, f/~ ~c~jG 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE OF 9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: a~pr~:.~~ ~/~ ~~/~, 10. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. 35.23 ACRES TO R-4 BY PNE! DMONDS CONSTRUCTION: 11. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR PACKARD SUBDIVISION N0.2 BY PNE/EDMONDS CONSTRUCTION: 12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. 4.26 ACRES TO L-O BYA'a LLC: ~i u tfavn.( ~ /n-e/~u^-e ~l~~ ~ eLL 13. PUBLIC FARING: "REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE BUILDINGS BYA'a LLC: 14. PUBLIC ~EARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. ONE HALF ACRE TOR 2 BY DAVID 8~ BECCI CARMACK: ~'/~y ~zff~ne~ {r~ f9ze,A~.e ~l~' ~!~/~ 15. PUBLIC RING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. O~~ffNE ACRE TO R-15 BY LARRY ~ KAY HANSEN: 16. PUBLIC HEARINGZ~~EQUEST FOR A CIONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: 17. PUBLIC HEARING: REZ2UEST FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE FACILITY FOR 13+ CHILDREN BY RHONDA YVILLIAMSON (R- HOUSE CHILD CARE): c'~' yy c~,tta-~.k.z E~ p~.zpau :~1~ ~f c% 18. PUBLIC HEi4RING: R~QUEST FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE EMISSION TESTING STATION BY JOSEPH HANSON (IDAHO AIR): ~~~ ~~f~~y /v~3-uF,~ui ~~~ ~G/L 19. REQUEST FOR A VACATION OF WEST BOUNDARY OF LOT 36, BLOCK 1, HAVEN COVE SUBDIVISION N0.5 BY PACIFIC LAND SURVEYORS: d''2Cmrnn~i.~dS•a~s~rrov~ ~ ~/~ 20. REQUEST FOR A VACATION OF SEWER EASEMENT BY BERTA NEELY (NAPA AUTO PARTS): /-Pcernme-ridx Ct~/,/JYO/a.~ {~ C'~C:/ CITY OF MERIDIA.~ PUB~C M. EETING SIGN-II~SHEET ll~1r'11L~~ ~ ~ ~yn,tiiJ ('6rwrhjs.T;or~.~ ~-l/-GI J ~ ~-....,- ~ . ~ I~ ~ l w, Ill ..~ $~ 7 - rt O ~ ~ ~z S ~~ .2,2 5 , -3~~-( CITY OF MERIDIA PUB~C MEETING SIGN-SHEET ti-~~~J,~. 3 -11-97 MERIDIAN PLANNING & ZONING COMMISSION MARCH 11 1997 The regular meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:00 P.M. MEMBERS PRESENT: Keith Borup, Malcolm MacCoy, Ronald Manning MEMBERS ABSENT: Greg Oslund: OTHERS PRESENT: Will Berg, John Fitzgerald Jr., Shari Stiles, Gary Smith, Joan Priest, Ron Winks, Rhonda Williamson, Marc Peterson, Larry 8 Kay Hansen, Jim & Carol Kilmartin, Nancy Slonaker, Georgeen & Mike Hardy, John Slonaker, Nancy Wilson, AI Dauven, John Homer, Dixie Lee Roberts, Mark B., Helen Sharp, Dale Sharp, Bill Egbert, Glen Ward, Vern Alleman, Keith Jacobs, Pat Tealy, Don Bryan, Craig Thompson, Dan Wood, Roger Smith, James Haskin, Sherrie Holloway, Becci Carmack, Howard Foley, Tom Eddy, Tim Burgess: Johnson: We have several items on our agenda tonight, 20 in fact so we would appreciate it if you kept you comments brief, try to adhere to our 3 minute rule and try not to be redundant, t realize it is difficult. But to tell us 5 times it might create more traffic, I think we get along probably about the third time. MINUTES OF PREVIOUS MEETING HELD FEBRUARY 11, 1997 Johnson: Are there any corrections, deletions or changes to any of the minutes prepared? Hearing none then I will entertain a motion for approval as written. Borup: I move vde approve the minutes as written. MacCoy: Second Johnson: Moved and seconded we approve the minutes, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: I would like to back up a step and introduce our newest member of the Planning and Zoning recently appointed by the Mayor and approved by the City Council, Mr. Ronald C. Manning. He lived in Meridian for five years, welcome aboard, glad to have you here Ron. While we are on the subject of Commissioners, we have a Commissioner ill so we are a bit handicapped this evening and we may stumble a bit. Sometimes we stumble anyway. ITEM #1: TABLED MARCH 11, 1997: REQUEST FOR A PRELIMINARY PLAT FOR SPARKLING SPRINGS SUBDIVISION, 43 LOTS, WEST OF MERIDIAN ROAD, '/, MILE SOUTH OF USTICK ROAD BY JIM CARRIE: Meridian Planning & Zon~g Commission • March 11, 1997 Page 2 Johnson: 1 understand that our staff received a phone call or some content from the applicant regarding this that had to do with square footage. Could you enlighten us on that Shari Stiles please? I am sorry we caught you off guard there, we are on item number 1 and I had announced that we had some contact from the applicant with. regard to the preliminary plat and the square footage, could you enlighten us on that please? Stiles: Chairman Johnson and Commissioners I did receive a phone call from the engineer, however I would like them to be on record as to what they related that they had no problem with the 1600 square feet. Johnson: Now as I recall and refresh my memory did we ask for and the ordinance call for 1800 square feet or 1600 square feet? Stiles: 1600 Johnson: And the 1600 was acceptable? Stiles: Just from a phone conversation with the applicant's engineer. I would like the applicant to get up and tell us that is his intent if that is what they agreed to. Johnson: Thank you very much is the applicant or representative of the applicant present? Jacobs: Keith Jacobs with Pacific Land Surveyors, we are withdrawing our request for the reduction to the 1400 square feet on this project. We will comply with the 1600 as the zoning ordinance requires. Johnson: Okay, thank you, any questions of Mr. Jacobs? Borup: My recollection is I think that was the only item that was left from previously. Johnson: I believe you are correct. MacCoy: You didn't have anything else that was pending with you and the City is that true? Jacobs: No sir, it was just the square footage of the homes. MacCoy: That is all I had marked here too. Johnson: Thank you very much Mr. Jacobs. This is a preliminary plat, what is your pleasure? Meridian Planning & ZonT~g Commission • March 11, 1997 Page 3 Borup: Mr. Chairman, I move we instruct Counsel to prepare findings of fact and conclusions of law. Johnson: Not on a preliminary plat. Borup: We were already annexed weren't we. Johnson: Yes, we recommend approval or disapproval. Borup: I would move that we recommend City Council approval of this plat. MacCoy: Second Johnson: It is moved and seconded we pass on a favorable recommendation to City Council, all those in favor? Opposed? MOTION CARRIED: All Yea (Inaudible) Johnson: I would have to revisit the minutes on that, do you have those available? Borup: I believe that, it seems to me that was a comment made by some of the neighbors but I don't remember that was in line with ACHD was recommending. Johnson: Any comment Ms. Stiles? Stiles: Chairman Johnson and Commissioners, the issue was the people in Lansbury Lane were objecting to having any entrance or frontage to those home on Northwest 3rd when they developed their subdivision they kept that at a 40 foot wide right of way and restrict driveway access on that street. That as the issue that the neighbors brought up because those lots are smaller. They could have driveways within five feet of their back property line. That is what they were not wanting to see. Johnson: Right, that is however, part of the record and will be visited again by City Council is that correct? Stiles: Yes ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE OF 8.38 ACRES FROM R-4 TO L-O '/. MILE EAST OF TEN MILE, NORTH SIDE OF CHERRY LANE BY PRESTIGE CARE: Meridian Planning & Zon• Commission • March 11, 1997 Page 4 Johnson: 1 understand the Prestige Care people missed their plan from Portland but there is a representative here. We will go ahead with the findings of fact and conclusions of law as prepared, is there any discussion, any corrections or any comments from the Commissioners? Entertain a motion on the findings of fact as already prepared. Borup: Mr. Mayor, 1 move the Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Johnson: It is moved and seconded by Commissioner Borup, second by Commissioner MacCoy that we approve the findings of fact and conclusions of law as prepared, roll cal vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Johnson: Is there a recommendation you wish to pass on to the City Council? Borup: I move the Meridian Planning and Zoning Commission here by recommends that the property set forth in the application be approved by the City Council for the zoning amendment requested under the conditions set forth in these findings of fact and conclusions of law including that the applicant and or its successors and interest, assigns, heirs, executors, or personal representatives enter into a development agreement and that the property only be developed under the conditional use process. 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 application for the zoning amendment should be denied. MacCoy: Second Johnson: Moved and seconded we pass a favorable recommendation onto the City as read, atl those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 44 UNIT ASSISTED LIVING FACILITY WITH A 16 UNIT ALZHEIMER WING, 10 GARDEN APARTMENTS, AND A TWO STORY 106 SUITE RETIREMENT COMPLEX, %. MILE EAST OF TEN MILE, NORTH SIDE OF CHERRY LANE BY PRESTIGE CARE: Meridian Planning & Zon• Commission • March 11, 1997 Page 5 Johnson: Are there any comments or changes, any additions to the findings of fact as prepared by the City Attorney? Hearing none then I will entertain a motion for approval. Borup: Mr. Chairman, I move the Meridian Planning i;< Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Johnson: We have a motion and a second to approve the findings of fact as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Johnson: What recommendation would you like to give to the City Council? Borup: Mr. Chairman, I recommend the Planning 8 Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and codes, uniform fire code, parking, pavir ordinances of the City of Meridian. The c upon notice to the applicant by the City. MacCoy: Second sewer requirements, the fire and life safety 3 and landscaping requirements and all ~nditional use should be subject to review Johnson: Moved and seconded to pass the recommendation on to the City Council as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR EXPANDED BLEACHER SEATING, ACCESSORY STRUCTURES, AND MOVING TWO RELOCATABLE CLASSROOMS BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2: Johnson: Any comments or any discussion regarding the findings of fact on this application? Meridian Planning & Zon~g Commission • March 11, 1997 Page 6 MacCoy: I have some corrections to make to the facts, page 4, the paragraph just above 8 there, it says additional fencing would be constructed (inaudible) to keep spectators blank, it should be "oft" of the track, off is missing. On page 8, under paragraph 13, the applicant (inaudible) second sentence down, "the applicant is proposing at a minimum (inaudible) mixed path" etc. it seems to me that there is a sentence left out here. Johnson: Well let's read it here, "the applicant is proposing at a minimum compacted gravel or road mix pathway around the west end of the football track field to the visitors bleachers", is there something you wanted to add to that? Do you think it reads clumsily? MacCoy: I think it reads clumsily, I think something was dropped out. I was just raising the question that maybe any of us. Johnson: It reads alt right to me. Borup: I didn't have any question on it either. MacCoy: On page 21, we have been pretty good about listing out the ADA requirements and this one here I haven't been able to find that spoken to. It says in fact on E about'/. the way down uwould be a logical place to put it. That is where we have been putting them. Johnson: It could be inserted in there as probably technically it is in there with all ordinances of the City of Meridian. MacCoy: Well we have been previously adding that as a line item. Johnson: We can certainly add that if you wish to do that and make that change at this time. Should we make that number one, after included but not limited to, would that be all right? MacCoy: Yes Johnson: So we will come up with the proper ADA wording there. Anything else? If not I will ask for a motion? MacCoy: Mr. Chairman, the Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Borup: Second Meridian Planning & Zon~g Commission • March 11, 1997 Page 7 Johnson: We have a motion and a second to approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, MacCoy -Yea, Manning -Yea, MOTION CARRIED: All Yea MacCoy: The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. And that the property be required to meet the water and sewer requirements, the fire and life safety codes, Uniform fire code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Johnson: Motion and a second to pass the decision and 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 REQUEST OF 5 ACRES TO T-E, TECHNICAL DISTRICT BY B.W. INC.: Johnson: Any discussion regarding the findings of fact as prepared by the City Attorney? MacCoy: Well with the understanding that the ADA would be as part of the code which it is then I have none either. Johnson: Very good, I will entertain a motion to have it approved. Borup: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopt and approve these findings of fact and conclusions of law. MacCoy: Second Johnson: Motion and a second to approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, MacCoy -Yea, Manning -Yea Meridian Planning & ZoPffng Commission • March 11, 1997 Page 8 MOTION CARRIED: All Yea MacCoy: The Planning and Zoning Commission here by 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 the applicant or the successor, interests, assigns, heirs, executors, or personal representatives enter into a development agreement and that the property only be developed under the conditional use process and if the applicants are not agreeable with these findings of fact and conclusions of law are not agreeable with the entering into a development agreement the property should not be annexed. Borup: Second Johnson: It has been moved and seconded to pass the recommendation onto the City Council as read by Commissioner MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR MERIDIAN MIDDLE SCHOOL ACADEMY BY MERIDIAN JOIN SCHOOL DISTRICT N0. 2: Johnson: Any comments regarding these findings of fact and conclusions of law? MacCoy: Question, on page 5, item 11, Commissioner Oslund commented that it may, question mark, appropriate to consider the requirements. Johnson: Well 1 think it is maybe and make that editorial correction and insert the word "be" after may. MacCoy: Right Johnson: There is a misspelling on number 12, just prior to Jim Carberry. That word is supposed to be representative I think. MacCoy: Question on page 7, again and it appears on page 16, and I hope the applicant realizes that when he reads this it says approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewer generated by any proposed development. So it is an open issue. Page 18, paragraph E1, again, it is a clerical, "all, all" codes, so just strike one "all". Johnson: And insert the word "City" or not? MacCoy: Well we haven't been saying City. That is all I have. Meridian Planning & Zo~g Commission • March 11, 1997 Page 9 Johnson: Thank you, does anyone else have any corrections or any comments? If not I will entertain a motion for approval as written and corrected. MacCoy: The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Borup: Second Johnson: Moved and seconded that we approve the findings of fact and conclusions of law as corrected. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea MacCoy: The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, fire and life safety codes, the uniform fire code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Johnson: It is moved and seconded we pass the recommendation onto the City Council as read by Mr. MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW A CONDITIONAL USE PERMIT FOR A FULL SERVICE SALON WITH TWO STYLING STATIONS, NAIL TECHNICIAN AND MASSAGE THERAPY ROOM BY KELLI STEWART: Johnson: Discussion at all regarding these findings of fact, any changes? MacCoy: I have a question for staff, on page 5, we don't require the complete driveway paving as vve have on others, Gary somebody? Stiles: I am sorry what are you asking? Meridian Planning & Zoning Commission • March 11, 1997 Page 10 MacCoy: On page 5 of this document here we don't require the applicant to totally pave their driveway as we have in others. I wondered why. Stiles: We don't require them to? MacCoy: Well it says on page 5, Johnson: It says that the driveway is not to be paved on site. The driveway be paved its full required width of 24 to 30 feet to at least 20 feet beyond the edge of pavement of Ada Street. That is on page 5 and 6. Is it the (inaudible) Stiles: That is a typical Ada County Highway District requirement, we do require that any of the parking area be paved. MacCoy: That is what I thought our Meridian code says that they should pave it. Stiles: Ada County Highway District just makes them pave within a certain distance of the driveway access so they are not tracking gravel back onto the street but our ordinance requirements are that they pave it. MacCoy: Since we have written it this way. Johnson: But it is written under ACRD comments. So again it would be picked up when we address the fact that City does must all be met. MacCoy: Okay, so we are covered. Johnson: Thank you, anyone else? Borup: Commissioner MacCoy, on that same page 10 where it talks about some of that, item B, number 1, it says off street parking shall be provided in accordance with Section 11-2-414 (inaudible) MacCoy: The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Borup: Second Johnson: We have a motion and a second to approve the findings of fact and conclusions of law as discussed, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Meridian Planning & Zo~g Commission • March 11, 1997 Page 11 MacCoy: The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, the fire and life safety codes, the uniform fire code, parking, paving and .landscaping requirements and atl ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Johnson: Motion and a second to pass the recommendation onto the City as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A PROFESSIONAL OFFICE BUILDING BY JAMES KELLER AND REID OLSEN: Johnson: Any discussion regarding the findings of fact and conclusions of law for item 8? Motion please? MacCoy: The Meridian Planning and Zoning Commission and the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Borup: Second Johnson: Moved and seconded that the Meridian Planning and Zoning adopt the findings of fact as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Absent, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Johnson: Recommendation please. MacCoy: The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking, paving Meridian Planning & Zo~g Commission March 11, 1997 Page 12 and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice of the applicant by the City. Borup: Second Johnson: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE OF 9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: Borup: Mr. Chairman, I would like to abstain from commenting or voting on this application. Johnson: So done, any discussion? Borup: Since the last meeting I had a single phone conversation with Mr. Saunders concerning possible involvement, although no decision was made. Johnson: That is fine, you don't need to elaborate, if you think you have a conflict of interest that is good enough for me. Commissioner MacCoy any comments? MacCoy: I am just checking, hold it one moment here. No, I will not go into any detail, will pass. Johnson: Commissioner Manning? Manning: None Johnson: No comments then I will entertain a motion for approval. MacCoy: Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Manning: Second Johnson: Moved and seconded that we approve the findings of fact and conclusions of law as prepared, roll call vote. ROLL CALL VOTE: Borup -Abstain, Oslund -Absent, MacCoy -Yea, Manning -Yea, Johnson -Yea MOTION CARRIED: All Yea Meridian Planning & Zo~g Commission • March 11, 1997 Page 13 Johnson: Recommendation? MacCoy: The recommendation, the Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for the zoning amendment requested under the conditions set forth in these findings of fact and conclusions of law including that the applicant or his successor, interest, assigns, heirs, executors, or personal representatives enter into a development agreement and that the property only be developed under the conditional use process. 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 and developing the property only under the conditional use process the application for the zoning amendment should be denied. Manning: Second Johnson: It is moved and seconded that we pass a recommendation onto the City as stated, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 35.23 ACRES TO R-4 BY PNE/EDMONDS CONSTRUCTION: Johnson: This has been before us some time ago, I personally have a conflict of interest, it is adjacent to my residence so I am going to step down. We are in receipt of numerous letters from adjoining property owners. Most of which are either opposed or unfavorably disposed towards the application. There is one letter in favor of the application as stated. At this time I will step down and turn the conduct of the meeting over to Commissioner MacCoy who needs to open the public hearing. MacCoy: Is the applicant or his representative here, I will open the public hearing. Pat Tealy, 109 S. 4`" Street, Boise, was sworn by the City Attorney. Tealy: What I have given you is a reduced exhibit of what we have here on the poster, it should give you some idea of the location of the people that most likely will testify tonight and their proximity to Packard No. 2. We are here tonight to request annexation, rezone and approval of the preliminary plat with a development agreement. The development agreement will tie the developer to certain items that we will discuss and agree to tonight. These items being for instance fencing of the subdivision, requirement of pressurized irrigation, sewer and water services. While that is not the entirety of the development agreement it will assure the neighbors in the area that we will develop in a responsible manner. All of the utilities are available to this site. We Meridian Planning & Zo~g Commission • March 11, 1997 Page 14 have approved or in the past you have approved Packard Subdivision No. 1 which is a 40 acre site to the southeast of this subdivision. It joins the road system that is proposed for this Packard Subdivision No. 2. It also allows the connection for the sewer to the south slough extension that is planned by the City of Meridian. Water, power and gas are also available to this site along with telephone, cable and other utilities. We had a neighborhood meeting last night at which we had a fairly good response to. There were quite a few neighbors that showed, we talked about some of the problems that people have had with it and some of the misconceptions that possibly have been portrayed in the past. We hope some of these will come out tonight so that we can satisfy the City of Meridian that we are in fact doing this in a responsible manner. There are several questions that were part of the original review of packard Subdivision No. 2. First was connection to a road system. Since we have submitted the application which was in September of 1995 Dove Meadows subdivision has become complete. We now have a connection to a public road system on the south. This will be further enhanced by Packard Subdivision No. 1 which will being the road system to our south boundary. Chamberlain Estates in that period has also been improved and we have a road connection to the west which will get us out onto Locust Grove Road. We have proposed buffering from adjacent subdivisions by, bordering for example the Carol Subdivision and the adjacent acreage with larger lots. The R-4 zone that we are requesting has a minimum lot size of 8,000 square feet. We have over 50°i6 of these lots above 10,000 square feet and there is approximately 48% between 10,000 and 8,000 square feet, 8,000 being the minimum. We are buffering the adjacent subdivision with larger lots as can be seen on the preliminary plat. If you wish to go over these things, I assume that you will ask me questions when I am done talking here. I will try and keep it short so that we can move on with this. When Packard Subdivision No. 1 was developed and approved and the developers then had an opportunity to buy the Brown property or the Borup property which consisted of 22 acres. They saw this as a natural progression of Packard No. 1 and natural progression of development in that section. Then the Brown property became available and the actual solution to the sewer problem then became evident. We would take the lift station that is a portion of Packard No. 1 and eliminate it and actually get the sewer into a gravity situation along the South Slough. This is one of the main issues that probably will be approached tonight. One of the other main issues being Wingate Lane. Wingate Lane has been a subject of a lot discussion it was the prime point of discussion last night at the neighborhood meeting. We have assured the neighbors that we will have no access whatsoever onto Wingate Lane as is seen by the preliminary plat. There are, let me go to the exhibit here, Wingate Lane is in this, is shown on the map in this area right here. They are fronted by these owners who have access to this private lane along with two five acre lots down here that are owned by Reichert and Sharp. This road system that we anticipate right now will have two gates across the public road system that we have in this area right here you will be able to have pedestrian and bicycle access and some type of emergency access through break away ballards that will allow (inaudible) if anything were to happen on either side and the only access in through here would be break away bollards. These are specifically Meridian Planning & Zo~g Commission March 11, 1997 Page 15 designed for these purposes. Just to go over the sewer issue graphically we have a lift station that has been approved for Packard No. 1 down on this area. It is at the north connection of Packard No. 1 to Packard No. 2. We will propose moving this into Packard No. 2 as part of the solution to the sewer to get the sever out of this area because we had a problem with gaining access to the south slough sewer over the past year we tried to negotiate with the land owner but it just didn't work. This right here that you see in red that you also see on the drawing is the south slough sewer. It is an 18 inch sewer that is proposed to go along the south slough. We will make this connection here at the northwest corner of subdivision. This lift station down here at Packard No. 1 not only serves Packard No. 1 subdivision it also serves the elementary school that is planned for out here on Eagle Road. That is one of the reasons that it was able to be built because we provided sewer up in here and they didn't have to wait for this (inaudible) So that is one of the benefits of us bringing the sewer and the water to this area. There has also been some question about irrigation, we will provide pressurized irrigation to each lot in this subdivision. We have entered into an agreement with Nampa Meridian Irrigation District who will own the system. We are presently right now building a system in Packard No. 1 which will accommodate the Dove Meadows Subdivision, Wingate Subdivision, Packard No. 1 and Packard No. 2. This is being done at the cost of some $85,000 by the developer who will provide the piping system, the pumps and the pump house and then turn it over to Nampa Meridian Irrigation District who will own and operate it. That is a just a short overview, if you have any questions (End of Tape) Borup: (Inaudible) I might mention to the applicant and especially to the public, since last month and for the last several months things have changed as far as our comfort zone with what has happened in the past. We have received packets of minutes of the meetings, all the submittals, the last week we have been going over those. We have gone through about 6 hours of catch up on this application. I feel a lot more comfortable knowing what has transpired in the past, the requirements from ACHD and the City and everyone else. I think we are all up to date on the thing now which makes it a lot easier on our part. Tealy: Just to add, if you did read those you can see there is quite a long progression of let's stop and get more information and then we got to this point and more information. We got to the point where sewer was the issue and we have solved that issue. That is where at the last meeting we pretty much thought we had the solution to the problem, but with all of the new commissioners on here it was very prudent that you get it reviewed so if you do approve it you can do it at a comfort level. Borup: Just to make one other comment, I know the items that you had mentioned would be completed were all items some of them specified by ACHD. Your solution on Wingate Lane was their recommendation, written recommendation and I believe the same thing on sewer was what was worked out with the City Engineer isn't that correct? Meridian Planning & Zonlrig Commission • March 11, 1997 Page 16 Tealy: That is correct. MacCoy: Just one comment from myself, since I am in the position of one side and then the other. As Keith has already mentioned we have spent a lot of time on this thing which I do appreciate. I want you to understand that I know it has been a long drawn out process and sometimes go slow is a way to do things like this. I was going back through some of this material and every commissioner up here has changed since you started all of this. So thanks for the time for that. If there is nothing else, are you going to sit down. Just for the record and the public here, as you will look at this map or you have already heard our applicant state the Name of Bon-p, Keith didn't get up to leave for conflict. I asked him for the record would you please explain the name situation here? Borup: I think that name had come up with apparently some property that a Borup had owned, I am not even sure of how many acres it was here, was that about 10 acres or somewhere in that range. Whatever it was it was a tract they owned, I didn't even know anything about it until last month's meeting I was talking to one of the neighbors or someone around the area and asked if I was related. Going back it looked like maybe through my great grandfather there was a relationship. Also the property is not owned by Borup at this point anyway. So I don't feel like there is any conflict there and wouldn't think that anyone else would either. MacCoy: Through working with our Counsel we felt it would be best to go on record with that. Anybody from the public that would like to make a statement now? Dale Sharp, 2445 Wingate Lane, Meridian, was sworn by the City Attorney. Sharp: I expect you have this letter, we would like to have those issues in writing that they address those issues in writing and also address the issue of why they sold off part of that split to those properties. I think this is not legal, if it is not then why do we proceed with this. Also, I had a question as to they have all the small lots you might say over, in front or our property, most of them anyway. The minimum lot is I think 4 of them, 8,000 square feet and they are protecting the Carol Subdivision with the larger lots. I think we ought to have a level playing field there if we are going to do this thing. And they say it is difficult to do, well 1 don't think it is difficult at all. If you take 4 of those lots at 32,000 and divide by 3 you would come up with 10,600 and if you take 3 of the lots over by Carol Subdivision, there are a couple of them with 15,500 and 11,700. If you divide by 4 you would come up with about 10,600 that would kind of even this thing out and not give the appearance of stacking the deck against us. I just don't think it is necessary I think we have been out there before Carol Subdivision was ever in there. In fact if we hadn't been there you would probably have 300 mobile homes out there because that was their original was to put 300 mobile homes in there. Like I say we have been out there and I do object to this subdivision. Our educational system is going Meridian Planning & Zonlfig Commission • March 11, 1997 Page 17 to unduly impacted. Our traffic is going to be impacted, our crime rate is going to go up and all of our services are going to be impacted. So that is what I object to. Fitzgerald: Mr. Sharp, I have one question, you referred to a letter, what letter were you referring to? Sharp: We brought it over for the Commissioners. Fitzgerald: That is the letter dated March S, 1997? Sharp: Yes MacCoy: Is there anyone else that would like to make a statement? Vern Alleman, 2101 East Ustick, Meridian, was sworn by the City Attorney Alleman: I have some concerns about Packard No.2, at the present time irrigation water for our property comes through the land proposed for Packard No. 2. understand the City requires these ditches to be tiled, I am concerned that this tiling be done between October 15`h and March 15`" off season for irrigation so as not to interfere with my crops. 1 am also concerned about the size of the pipe for this, placement of the main manholes. Also grade of pipe and inspection for the same. I also request that the easement for this be recorded so as to avoid conflicts should be necessary to repair or maintain this in the future. I am also concerned about the location of the system across Packard No. 2 subdivision to our property. As a matter of information there has not been any agreement made for the sewer crossing our property to Packard No. 2. MacCoy: Thank you Borup: I have a question, is that under Nampa Meridian Irrigation District? Alleman: Yes Borup: Don't they usually regulate the irrigation as far as specifications? Alleman: No that is my private ditch you might say or it would have been anybody along there once it left Nampa Meridian's canal there. Their delivery point is, therefore it becomes our concern from there on from our head gate. Our head gate is up east of the South of Wingate Lane. Borup: And it is the responsibility of any land owner to, then you are saying they can do anything on their property as far as relocating as long as the water is delivered at the beginning of your property. Meridian Planning & Zon~g Commission • March 11, 1997 Page 18 Alleman: I am not saying they can I wanted to see what they, I know where it is now. Borup: Isn't that what it normally is that the water still needs to be provided to your property the same as it was before. Alleman: Oh yes, it has to be delivered Borup: And I think that is the same thing that Nampa Meridian is going to make sure that is required. Then just clarification on your comment on the sewer crossing your property, they have got no plans or designs for that to happen at this point. Alleman: We have discussed it and we haven't reached an agreement. Borup: Well they have gone another way. Alleman: That is fine Borup: Thank you MacCoy: Anyone else? Albert Dauven, 2820 Wingate Lane, Meridian, was sworn by the City Attorney. Dauven: I am kind of concerned like Vem is with the irrigation water. Ours comes quite a ways further east than his does and then comes all the way almost to the Borup property there and then comes up the regional house. Anyway, Nampa Meridian says they have no laws, they can do nothing for us. This has to be decided right from the get go, we have to have it in writing. Because there is no agency that governs this. You can go right down Ustick and hit every farmer down there that has been impacted by a subdivision along Ustick Road and they will tell you that the have been inconvenienced by the contractors. So to protect ourselves we need to have this-done. Borup: I am not sure what it is you want done. Dauven: I want it in writing that the water is going to be delivered to us that they are not going to go out there and tear our ditch out and six months later they put it back in. We have got to protect ourselves. That is what everybody has told us up and down there that has been impacted by a subdivision. You have got to get it in writing, you have to have it notarized, you have got to have some way to make them do it. It might not be them it might be the contractor they hire and he might not just get the job done. Borup: You are talking about an uninterrupted flow of water. Meridian Planning & Zo~g Commission • March 11, 1997 Page 19 Dauven: Right, in the summer time, during the irrigation season which is April 15 to the end of August is usually when the water season actually starts. As far as these gates going across Wingate Lane we went over this time and time again, we do not want the kids out of the subdivision in our animals. I live right on the south slough and that slough is the biggest attraction for little kids that you have ever seen in your life. I mean we can chase them out of there probably three times a week that come out of Carol Subdivision. That is quite a distance if you get to looking at it from the road into Carol Subdivision to my property. But they are in there all of the time. We have said this that we didn't want any foot traffic or bicycle traffic, because we have it right now along the half mile deal, the Nampa Meridian east west road right there behind Sharp's. Now the kids ride their motorcycles likely split up and down that, they have had snowmobiles out there. They dump all of their trash over it, over the fence, that people put all of their clippings, rocks. If you want to see it for yourself just go out there and drive down that dirt road. And you can see what they have thrown over their fences. 1 want to protected from that. I want to see a berm built with a fence built on top of it. Borup: A berm between where? Dauven: Between Packard No. 2 or the Brown property and Wingate Lane. And probably Dixie's property and Peterson's property. Or else, if Wingate Lane is impacted by a road and it is decided to put a road through there then maybe we ought to have a dead zone from the center line over I don't know what it would be, it would probably be 30 feet because they would probably make it a main road through there in the future. So each side would have to give up 30 feet so maybe there should be a dead zone from the center property line over the 30 feet so they can't do that. If you understand what I mean. The road right now is dedicated 15 feet off the west side property. If the City or whoever is going to be in jurisdiction of it one of these days they might want to as people sell their property the 5 acres that is in there they might want to put a big road through there or a main road. So we have to take those kinds of things into consideration too. Borup: You are suggesting a right of way dedication for future roads you are saying? Dauven: Well it is something to that effect. I don't know how it would impact the neighbors or what it would do, but I think we have to think about the future, we can't just think about right now. If you build all of those houses right next, let's say 15 feet there where the road is at now. You back it up against there and what are we going to do, if they want to put a road through there if they are going to have a school up through there it is going to be something to kind of think about. Maybe we are not making the right decisions right now that we need to maybe (inaudible) to set that back. Another thing is if we take the 15 foot off the back of those lots they are all along Wingate Lane there that cuts them down, if you want to measure them that is going to cut them down to almost 8,000 feet. Meridian Planning & Zo~g Commission • March 11, 1997 Page 20 Borup: Well not on this plat, these lots are (inaudible) Dauven: Yes but they lose 15 feet because of road dedication there that was done in 1903 or 1913. See the property line is actually (inaudible) Borup: So you are saying the whole road is on their property? Dauven: Right because our for fathers kind of give it away the people that owned the land on the west dedicated it to the people that lived along the lane. So they proposed 15 feet from that property line to the west. Borup: Even if 25 feet was dedicated which would be a 50 foot right of way if half was taken from each that would still leave those lots 84 by 105. So they are well (inaudible). Dauven: 1 was just saying that it does size them down when you take into all the considerations and everything. You have to take quite a bit of thought into that. I would just like to say that we wouldn't like to see the kids, we have horses and horses like that are unpredictable. And you don't know what they are going to do and kids love to go and pet horses. We went through an unfortunate circumstance this last year with two horses and one killed the other one. So, they were both tame horses, you just don't know what an animal is going to do when it is that big and powerful and that is the same with a cow. You might go out there everyday and pet that cow and one day it comes out there and puts its head down and shoves you into next year. So that is about all I have to say, you are putting agricultural with public and I don't think a six foot fence is quite adequate. Because if you put horses up close to that 6 foot fence and they throw their clippings over there they are going to compact a horse and kill it. Lots of people that live in the City don't understand that. They think it is grass and they can eat it. That is just some things that need to be addressed that I think they just get passed by quite a bit. I am a business owner in Meridian, I do pay taxes in this town. I am not an outsider per say. 1 am not against this subdivision development but I want it done right for what we have got there, That is about all I have to say. MacCoy: Thank you very much Don Bryan, 2070 North Locust Grove Road, Meridian, was sworn by the City Attorney. Bryan: There are a lot of new faces here since the last time I was here. So I will introduce myself as a property owner on Locust Grove which was affected and impacted by a multitude of subdivisions around the whole area, the whole section between Locust Grove, Fairview and Eagle Road. I had a history of fighting water problems and the way the developers develop and some of the problems we have run into and we have managed to work out and both the pros and cons of these developments. That is why I am here tonight to get some of these things in writing and Meridian Planning & Zonlfig Commission • March 11, 1997 Page 21 a lot of things that I have teamed from my mistakes is I didn't get things in writing and it was my fault, tough tuck for me. I don't want to see anybody or myself go through that again. So there are a few items that I would like to bring to your attention over here. Mr. Dauven had a lot of them, I will start by kind of following up on his that agricultural and residential separation needs to be looked at. I think the ordinance requires fencing but I have dealt with the developer. I live between I am right behind the Fred Meyer on Fairview. I work with the developer and he put up a chain link fence along my property line but that doesn't keep the kids away from the horses. I am in the process now of putting up signs telling them to stay away both on Locust Grove and in the vacant lot next door seems to be a magnet for everybody, kids and parents alike and dogs and it is a problem. I don't know what the solution would be but it needs to be taken a serious look at. The reason I am putting up signs is to get rid of my liability as far as somebody getting bitten or hurt or anything that is going to happen out there. Another item that needs to be addressed is the pressurized irrigation that they are putting in on this new development, the reason I am here is because Packard No. 2 connects with Packard No. 1. Packard No. 1 my lateral coming off the main ditch canal comes along the two sides of Packard No. 1 and down to me. Since all of this project is tied together then I am wanting the developer if he is here tonight to put on public record stating what his plans are and maintain those ditches until they get developed or while they are getting developed. Right now in Packard No. 1 the ditches are just choke full of weeds. they haven't been taken care of in two years. It used to be farm land and the man that used to farm that particular piece ran a ditcher through there and burned it off every year and we had plenty of the good water supply. t don't know what they plan on doing in the next 30 days to get that cleaned out and get taken care of. Or what they are going to do with regards to the pressurized irrigation, what they are installing, what they are putting in and how it will affect me and how it will affect the other property owners. They hire the people to design the systems and they go ahead and put them all in and then say six months down the road I don't get any water who do I go talk to? I had nothing to do with the design it was Nampa Meridian that takes it over after the developer designs it, I am kind of in the dark on this and I am sure (inaudible) because they have to supply water to all of these people. But I would kind of like to see what is going on or be part of the process as far as what they are doing. I also have a problem with the traffic flow, initially, I question how these tie together number 2 and number 1 because they are proposing running a lot of the traffic on the Ada County traffic study. They said most of the traffic will be going since they are connected will be going out Fairview which was nice for me living on Locust Grove, Locust Grove is so busy now you can't even get out there during the peak hours. According to the Ada County Highway District traffic study that you have in your packet it states that with the development of this project, this Packard No. 2 you are going to put 950 more vehicles per day on Locust Grove Road. I question whether we can handle that until Locust Grove gets improved. It is slated to be improved in 1998 which will be more like the year 2000 before they even widen it enough to handle the traffic. So I think that needs to take a serious look at. I believe that is all I have, do you have any questions? Meridian Planning & Zon• Commission • March 11, 1997 Page 22 Borup: You said your ditch, the water delivery to your property goes through Packard No. 1? Bryan: It goes through Packard No. 1 and then from that point on it, where it comes down on the south side of Packard it abuts the church and the Packard property and then it is buried from that point to me. Borup: So Packard No. 2 does not affect your ditch? Bryan: No Borup: Did you, I assume then that you were here testifying when Packard No. 1 was approved? Bryan: Yes and I got put in the public record that the developer will probably argue this point but the way I read the findings I have in the public record that he is to the that ditch that affects me before he starts development. If you like 1 can read that to you, I have it with me. He contested it at the time of the approval but the way I read the approval (inaudible) Borup: Thank you MacCoy: Thank you very much. Marc Peterson, 2700 Wingate Lane, was sworn by the City Attorney. Peterson: I just wanted to reiterate some of the concerns that have already been brought up like with the irrigation. They mentioned tonight about where the road in their subdivision is going to cross Wingate lane there and have gates so that they cannot have access onto Wingate Lane. But they said that there would still be pedestrian and bicycle traffic across there which I do not agree with. My property is only about 100 feet from where that gate would be and we do have horses and livestock there. We have electric fences there and I don't want kids and stuff going up and down the lane. I am also concerned with the lot size again they increased the lot sizes around Carol Subdivision and down one side but not directly across from my property right there. I believe that both for the reason of possibly widening the road in the future and a buffer zone from the livestock and what not I like the idea of a berm and a fence there. In particular concern, t only saw the new plot last night that they are planning on doing. They have, t was the last one approved by Ada County to be have access to Wingate Lane. When I did that I had to have a minimum of a five acre parcel. f built my house and now according to their deal it looks like they are trying to squeeze one more house in between me and my neighbor now. It looks to me to be a land locked lot because it shouldn't have access to Wingate Lane and they don't really have access to their streets in their subdivision. So I really don't believe that should be a buildable lot. Meridian Planning & ZonlFig Commission March 11, 1997 Page 23 CJ Borup: Which lot are you referring to? Peterson: (Inaudible) this is different than showed me that this lot right here was going going to be another lot here. Because this lot here has access to t cannot get out onto Wingate that would make that an unbuildable lot a little driveway down one side there. what they showed me last night. They to be divided in two and that this was Borup: That is lot 14, Block 9, on the plat that I have anyway. ~e street and they unless they snuck Peterson: For the right price I might consider making an offer on the lot. Borup: This seems to indicate that there is an existing house on that lot is that true? Peterson: They are planning on putting a lot between that house and my property. They are planning on splitting that lot again according (inaudible) Anyway those are my concerns, any questions? MacCoy: Thank you, anyone else from the public that would like to make a statement at this time? Helen Sharp, 2445 Wingate Lane, Meridian, was sworn by the City Attorney. Sharp: Commissioners I thank you for your time. I think I have more questions than anything. One being I can't believe that they would ask you to pass on this when we find right of way that we have some conflicts in the plat that you have got and what we have got here. I have talked to Boise Planning and Zoning last week and if anybody goes down there and it is all public record you will find that there was no more building on Wingate Lane which means you cannot use Wingate lane to get off and on the property. We are also told that this is a buffer zone between Boise and Meridian and I for one naturally am favored because I live on Wingate Lane and at time it was supposed to be five acres. We were told too that you couldn't divide off the property if you bought after a given year in 1968 and it has been proven by title check and that too is public record that the property that once was Borup's has now been sold to a young couple. Which means it hasn't been zoned, it hasn't been changed but there is a break. On the property that Brown's owned that is also on Wingate Lane where there are (inaudible) there are three owners there and that course transpired before the cut off and before you were allowed to supposedly legally cut off property. There are three that own that, they are the developers, Brown's and the (inaudible). The thing, my problem too is this is not only a zoning but it is supposed to be planning. I would like to see some serious planning done in this area. I would like to ask each one of you if you have any idea really where this Wingate Lane is? Meridian Planning & Zoniffg Commission • March 11, 1997 Page 24 Borup: Yes I do Sharp: It is a small '/z mile lane, and there were pictures presented before on this lane when we were here doing this before and one of the questions of course was the benefits that Meridian might get from this so called zoning. We certainly don't need that many new houses right now. Contacting Realtors who have got over 500 that are now available that is not including those that are being contracted to be built and those that are in the process of being built because of the new subdivisions. Why would they want to build when we are supposed to be progressive a subdivision with a lift station. I am sure that if anybody is aware of what happens with a lift station the City of Meridian would have the good honor or taking care of it and the question is for how long. The sewer, if this is the impact area and we are told that it is clear to McMillan it is a big impact area why are we so concerned about how Tong it is going to take to get the sewer there. If they are saying that we are going to have a grade school there why wouldn't they try as fast as possible to get sewer in that area as opposed to going to some of the more outlying areas when this is so close to City of Meridian. 1 think that the idea of a lift station that has been moved which changes, plat one they have changed what they were supposed to be doing there and they moved it over to plat 2. I questioned that being a valid argument as far as continuing the development to plat one. As far as you probably can't see it, our property of course is at the end of the lane and we do abut against the subdivision with a fence and told that people do not throw gravel, they do not throw grass clippings and I will let you come over in the middle of the summer and help us move the grass clippings and also when they empty their cement barrels that they don't know what to do with. It gets on our property that is private property. We also have been told that manholes are supposed to be five feet from the property lines. If you will come out and measure ours it right on the property line. The one that goes into the street that is stubbed onto our property. Again I would request that we use a little bit of foresight and not always hindsight. We realize the development is going to be and I am for it but let's do it with some serious planning. I don't think at this point that all of the issues have been addressed clearly and completely enough that they could really ask you to act on it and I agree it should be done in black and white so that you have everything concrete and you know just exactly what you are zoning and what you are planning to do with that zoning. Thank you MacCoy: Thank you very much. Dixie Roberts, 2855 Wingate Lane, Meridian, was sworn by the City Attorney. Roberts: First of all I want to thank you very much for letting us voice our opinions on this. I really oppose the growth out there, we all moved out there for country living. The developers want to come in and change it and ruin it for us so to speak. Then they leave and we are left with a mess. My son tried to buy an acre out there from me so he could build on it and they said the zoning was that he could not. He had to own five acres and they have sold off and acre and a'/. and since he tried to do this. So I guess Meridian Planning & Zon~g Commission • March 11, 1997 Page 25 some people can sell some acreage off and some can't, I don't understand that. My concern is most of all the irrigation because my land is worthless without it. I don't want a pump, I want it just the way it is now because the way the land lies that is the way it should be irrigated. Another thing with growth comes children and I do love children but if they get in my property and the cows somebody is going to get hurt. I work and I can't protect them. Of course our lane, I am real concerned about that and the traffic even though they say it can't be used I think there is a lot of concern there. MacCoy: Thank you very much Craig Thompson, 2950 Wingate Lane, Meridian, was sworn by the City Attorney. Thompson: I don't live adjacent to where the property is going to be developed. I am concerned with what will happen in the future. There should be some kind of a blending effect there. I can't say how you can make it look good when you have 5 acre plots and they are right up against where you have 8,000 to 10,000 square foot lots. That bothers me. Another thing is by our property we live by the slough that goes down through there and we have a flume. A concern of mine is children getting in there and playing. How can we possibly prevent that if there is some kind of excess to that. Also, they mentioned dumping grasses over the fence and other things, that bothers me. It seems Tike every time we come in here we think some certain things have taken place, we come here and the some changes have taken place. The map for example, what we received last night, there are certain places where houses are going to be built where is it here? Why isn't it on the map that we received and why is it different now. I would like to see this be up front, we have been playing games with this for about 3 to 4 years. At first we were approached by the contractors, they were rude to us and threatened us and made statements that were contrary to what is true. We checked things out. 1 would like to come into a meeting once here where things were said that were true. Where things were consistent. So we would know as an association of what was going to take place. That has never happened and that bothers me. Again, I think there are too many questions here right now. I think that the contractors, they should again respond to some of the questions that we have, they are different than what we talked about and what we were shown last night. That is all I have, thank you. MacCoy: Anybody else? Sharp: Helen Sharp, I am sorry that I didn't bring this up before because t think it is very important. One of the big issues here for those of us that have gone before Ada County Highway and trying to settle crossing a private lane with joining two pieces of property that are divided by a private lane. I was told last week that Ada County Highway has absolutely no jurisdiction and I quote over a private lane unless a deed of warranty is granted that has not been done. So my question is right back to the original how can they get from one piece of property to the other crossing a private lane with the sewer and water if the Ada County Highway District says they too have no problem Meridian Planning & Zon~g Commission • March 11, 1997 Page 26 or cannot have jurisdiction. I realize that has been addressed because we have been to the meetings, numerous meetings to that too. They don't have any jurisdiction over that. I think this is something else that really needs to be addressed and maybe a precedent set. We had contacted an attorney on this issue for our argument but they didn't have one on their argument when the (inaudible) attorney for Ada County Highway District. He said and I quote "I see no reason why we can't cross a private lane" I am sure that t couldn't go across a public road with a private one just because I thought I should be able to do that. But I think it is something that should be addressed very seriously. That you can find out by contacting Ada County offices. Borup: Mrs. Sharp, just some clarification, at this point, the road is not crossing a private lane so I don't believe that is at issue. Sharp: The road isn't but the sewer lines are going to have to cross. Borup: That was my question, you made a statement that a sewer line can't, I was confused on your statement on the sewer line. Sharp: When we had gone to meetings, one of the issues of course connecting the tvw properties with water and sewer. Of course Ada County Highway got involved with that and they Borup: The two properties are already contiguous. Sharp: I understand (inaudible) Borup: They already adjoin each other, it is not crossing a separate property, the two properties (inaudible) Sharp: But the private lane is in between. Borup: The lane is one their property yes. Sharp: The private lane is an entity of its own because of the contract that was drawn up in 1913. It is a dedicated private lane. So the question is could anybody just do what they want to cross that private lane. I am saying this is something that needs to be addressed. Borup: As far as the sewer you are saying? Sharp: Anything, we are also told of course they can't go down Wingate Lane there can be no more access to it. If you want to go down to Ada County Planning and Zoning they have got on every one of their maps no more building permits on Wingate Lane. So if they have got a piece of property where they would have to go down Wingate Meridian Planning & Zon~g Commission • March 11, 1997 Page 27 Lane at this point no they cannot do that. So I agree with them I think that the plats and drawings should be more concrete before they even ask you to consider acting on it. MacCoy: Gary, do you have any comment on that? Okay, Dan Wood, 13141 West Blue Bonnet Court, was swum by the City Attorney. Wood: I would just like to make a couple of comments in favor of this project. The City's comprehensive plan calls, the comprehensive plan as was impact states that they want residential houses in this area. So I mean that is what they are doing. They are also exceeding the surrounding subdivisions which are all zoned at R-8 they are going with larger lots which are R-4 zoning. All of their lots are exceeding the minimum standards of 8,000 to 10,0000 and 12,0000. They are doing everything they can to help these neighbors. At this point they have got their rights too, they own the ground as long as they abide by the rules of the City, the County and the State then they should be able to do as long as they meet the requirements. I understand all of these people's concerns but these guys have their rights. MacCoy: Thank you Alleman: My name is Vern Alleman, I too, I didn't put it in my but I have livestock that adjoins this property on the north. Therefore I am concerned about the proper fence to defend problems with children and livestock. So I think that should be addressed. Thank you MacCoy: Is there anyone here that would like to make a statement? I am going to ask the applicant, do you want to take the podium? Tealy: Pat Tealy, the applicant's representative (inaudible) with the City of Meridian that we hope will ensure some of the concerns that the adjoining neighbors have. Irrigation seems to be a problem and certainly we have to deliver the same quantity to the same place that it now exists. In other words Mr. Alleman, Mr. Dauven and Mr. Peterson wilt all get water delivered to them where they have it delivered now and in the same quantity. If they feel that they need an agency to review our irrigation plans w we will gladly accept any review by Nampa Meridian Irrigation District whether or not they have jurisdiction over these ditches or not or the City of Meridian whichever you choose we will do it correctly. We won't provide pressurized irrigation to them but we will provide them with the water that they now have. Wingate Lane Borup: Mr. Tealy, while you are still on that subject, do you have a comment on the interrupting water flow, is that something, have you talked with the applicant on it if they feel that they can construct the new lines without disrupting water service? Meridian Planning & Zon~g Commission • March 11, 1997 Page 28 Tealy: It is their intention not to disrupt water service, there is no doubt about that. Typically this is done in an off season situation, we will build it during the winter to market it during the summer. There are always situations I agree where a contractor may not do what he wants, what we want him to do or in a timely manner. If there is anything we can do to assure him of that we will enter into any agreement that they would like. We will not interrupt their water. Borup: Is that the plan at this time the schedule would be, I realize that phase 2 and phase 1 are just going, or Packard No. 1 is just getting going and this is two. So it looks like at this point the schedule would work that it would be planned for construction during the off water season? Tealy: Nampa Meridian will not allow us to mess with their ditches which are their delivery points where they get the water during the water season so we have respected that same (inaudible) Borup: So that should not be a problem of interrupting. Tealy: Wingate Lane seems to touch off more than its share of concem. I am sure that if I lived there I would share the same concern that they have. We do not plan to access Wingate lane in any way. There was some talk last night I agree at the meeting of an additional lot along Wingate Lane. That is no longer planned, that is not part of this plan, it never was because as you see that lot 14, Block 9 is all one lot. We do not plan an additional lot on that. (Inaudible) Tealy: I can assure them that will not be a lot, there will not be any building on it whatsoever. Borup: Doesn't lot 14 have a house on it? Tealy: Lot 14 as an existing house on it. Borup: Is that the lot that they are referring to talking about possibly being split? Tealy: Yes right now the lot that the person that owns Lot 14 doesn't own all of the lot 14 that is represented on this plat. They are either going to sell it to him as part of the subdivision or it will have to be part of lot 14, it will not be another lot, I can't say it any more plainly. There will not be another lot. Borup: And maybe for information that is the way the plat is drawn so that the plat would have to be changed and resubmitted for that configuration to change. Meridian Planning ~ Zon~g Commission March 11, 1997 Page 29 Tealy: That is correct, Wingate Lane getting back to that. We do not plan or the Highway District doesn't plan that I know of in my conversations with them of improving Wingate Lane. That is going to stay the way it is. There was a gentleman up here Mr. Dauven questioning or not whether we should grant some additional right of way to plan for the future of an improved Wingate Lane. We certainly have learned in this process that Wingate Lane is not going to be messed with, that is all there is to it, it is a private lane. I can show you on the drawing where we have planned for an exit out to, originally we had planned for Wingate to be an access to the subdivision. We had this road was actually over in this position and we were going to improve Wingate Lane with curb, gutter and sidewalk and put the sewer and water in. We got so much opposition to it that we totally abandoned any effort to deal with Wingate Lane. We even had a plan at one time that showed (inaudible) vue had discussions with bringing this culdesac (inaudible) so that Wingate Lane would have a good access to Ustick Road, right now it is a pretty dangerous intersection. It is just a 15 foot dirt road that comes out (inaudible) right on Ustick. We were offering (inaudible). Right now our plans are to dead end an access road into the Alleman property. If the Alleman property ever develops in the future this road will then go out to Ustick Road so that we have a main connection with Ustick and can longer mess with Ustick at all. (Inaudible) Mr. Bryan brought up the fact that Packard No. 1 has sort of been on hold for 2 years. Well it has been on hold for two years and not farmed because of this ongoing process with Packard No. 2. I assure him right now that we will clean the ditches and we will start the construction of Packard No. 1 within a short time period. We are just waiting for this approval to know the ultimate plan for the location of the lift station. I guess other than that, we did hold a neighborhood meeting, just about all of the people that testified were not there. There was Mr. Dauven was there, Mr. Peterson was there and that is it (Inaudible) I don't remember him. So there are three of these, a lot of these questions could have been answered and maybe we wouldn't have had such a conflict here at the meeting. If there are any questions I would be happy to answer them. Borup: I had a number of them, but I think we answered them as far as the plat we have the proper plat at this point. Any comment on the sewer crossing Wingate? Tealy: Their easement is for a private road, the developers own the land that underlies this easement. We cannot interrupt their use of that easement in any way. It does not preclude in any way the construction of utilities. If it is a legal issue it will be settled, if they get a lawyer to sue us again we will get a lawyer to defend it. 1 don't know if that is a good solution to it but if that is where it has to end up we believe we have the right to cross that easement with utilities. MacCoy: Anything else? Thank you very much, are there any other questions? Sharp: Yes I would just like to address why we weren't at the meeting. I think we have gone up and down this road and heard so many stories before on what they are going to do and this change and so forth that we wanted to have it before Council here the Meridian Planning & Zonlfig Commission • March 11, 1997 Page 30 Commissioners on record of what they are going to do, so it could be understood. Also, on the Nampa Meridian Irrigation easement there we want a gate there because right now we get people going back and forth across our property there and with their snowmobiles and motorcycles and just walking and they throw their grass clippings and even with signs there that say no trespassing for Nampa Meridian Irrigation business only. They go over the cable and they pull it up and go under it. So I want that on my southeast corner of my property there so we don't have access there, people out of the subdivision. If they get there then they can go right down Wingate Lane and cause more problems and we don't need more foot traffic and bicycle people going across on Wingate Lane. It is a private lane and who is going to be responsible. Are you going to put it on us or are you guys, if you allow this are you going to be responsible, the City? Fitzgerald: 1 am sorry could you identify yourself? Sharp: Dale Sharp Borup: Your comment on the gate, that is access to an irrigation ditch on your property? Sharp: They have, Nampa Meridian uses it or their, it is their Stokesbury lateral. Borup: And that goes through your property and it is the maintenance road that you are referring to, the Nampa Meridian maintenance road. Sharp: Right, all we need is something to discourage that traffic on there. I do have livestock also and the people get on there and they throw rocks and they throw their trash out in my pasture and I don't need that. If we can get the gate there I think it will stop a lot of that. Borup: There have been a lot of comments on grass and I just feel like making an off the record editorial comment, a good solution I have seen happen in the past when someone throws garbage and grass is just go pick it up and throw it back. That usually solves the problem. I have been in that situation before, or talk to the individual. I do have one more question of the applicant and Tealy might be able to answer. That was pertaining to the gate for the maintenance road for Nampa Meridian. Is there any discussion at all with Nampa Meridian do they want a gate there is that something they would like on their property or maintenance road? Tealy: That is nothing we have discussed with Nampa Meridian, typically that was something that was just brought up tonight. We can certainly talk to Nampa Meridian but whether they would want a gate on their road they would just have to get out and unlock every time they go down the maintenance road. That can be more trouble for them than they want. Meridian Planning & Zo~g Commission • March 11, 1997 Page 31 Borup: That is what I was noticing, other subdivisions they have not usually gated them and I think that was by their choice. Tealy: If it is something that Nampa Meridian wants then we would put a gate there. Borup: Thank you. MacCoy: Entertain a motion? Since there is no other person from the public that would like to speak we will close the public hearing at this time. Borup: Mr. Commissioner, I would move that instruct the City Attorney to prepare findings of fact and conclusions of law on this application. Manning: Second MacCoy: It has been stated and seconded, vote Borup: I think for discussion I think some emphasis on their irrigation seems to be a big concern of the neighbors, I think that is something we would want to consider in the findings. MacCoy: All those in favor? Opposed? MOTION CARRIED: All Yea TEN MINUTE BREAK ITEM #11: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO.2 BY PNE/EDMONDS CONSTRUCTION: MacCoy: I will open the public hearing and do you want to make a statement? Pat Tealy, 109 S. 4`" Street, Boise, was sworn by the City Attorney. Tealy: As I said I understand we had a little bit of procedural mess up. We thought that this preliminary plat was included with the annexation and rezone. I just ask that you enter the public testimony from the prior item into the record. Thank you MacCoy: Is there anybody from the public that would like to make a statement at this time? Your earlier statements will be carried forward, you are not required to come back up here if you don't feel like it. Meridian Planning & Zon• Commission • March 11, 1997 Page 32 Borup: I do have a question for the applicant then. This is, (inaudible) it looks like on here that there were between the two properties 3 existing residences, is that correct, 2 in the Brown property and 1 on Lot 14. Tealy: There is only one on each property. The original Brown residence and the original Borup residence. They will be made parts of the lots in the subdivision. In other words they will be a lot in the finished subdivision. Borup: The plat refers to, it is all one lot on lot 7, is the house that is on the Brown property. Does the applicant presently own both of those properties then? Tealy: I believe they were sold to, I don't know their names. Borup: But they are not the deeded owners at this point of those two properties? Tealy: No they are not, those people will be included in the signature on the plat. Borup: That was my next question. Then I guess we are to assume that they are participating. Tealy: Yes, there was a statement gathered from each one of them prior to the sale of those lot that indicated their concurrence with the plat and their signature on the plat. Borup: I didn't find that in our packets, do you know was that forwarded to the City or not? Tealy: Truthfully t have never seen them myself, that is what the developer tells me. If you need those statements I am sure they can supply them. But in order for the plat to be recorded they would have to be a record owner of the property and sign the back of the plat. Borup: That is something, you say that is something the County (inaudible). Tealy: The County engineer will assure that fact. Borup: Thank you that is afl I have. MacCoy: Are there any other statements to be made? I will close the public hearing on the preliminary plat for the Packard Subdivision No. 2 (inaudible). Borup: Commissioner MacCoy I would since this point we do not have findings and conclusions I would move that we table any action on the preliminary plat until after we reviewed the findings of fact and conclusions of law. Meridian Planning 8~ Zonl~g Commission • March 11, 1997 Page 33 Manning: Second Borup: Table that to our next scheduled meeting which is April 15. MacCoy: All those in favor? Opposed? Borup: I correct that to April 8, table it to April 8. MacCoy: Is everybody in favor of that now? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. 4.26 ACRES TO L-O BY A'a LLC: Johnson: I will now open the public hearing and invite the applicant or the applicant's representative to address the Commission. Roger Smith, 870 N. Linder Road, Suite B, Meridian, was sworn by the City Attorney. Smith: This project is as discussed a proposal to annex and rezone to limited office the corner of, the southwest corner of Franklin and Eagle Roads. This is primarily for the purpose shown, the three professional office buildings that will be nestled up in the corner. This project meets with the City's comprehensive plan to have this general area basically rezoned to commercial and mixed use. We have received the City's requirements for annexation and zoning and also for the conditional use which we are in concurrence with and have addressed with a letter in writing to the City. We feel that this would be an excellent use for this parcel of ground compared to other possible uses for the commercial and mixed use zone. The plan is to have very high quality construction for these buildings basically a split face masonry with glass block and some tinted glass on the exterior structures and an extensive amount of landscaping to both help screen the project from the adjacent residential uses and to buffer noise from both major thoroughfares which this project abuts. The buildings are planned to follow the existing topography and basically blend in with the existing terrain. If you want to look at the elevation that we have now or when we address the conditional use but I can pass this around. The view that is shown there is what the view will be from the corner of Franklin and Eagle. The buildings that are shown the one, in the northeast corner is planned to be basically two stories that are above ground to hide some of the parking we have designed to have the parking underneath that main building for some of the use there. There will be elevators that are going to be in the corners in the parking area along with enclosures for trash so that we keep those out of the exterior of the buildings. The two lower buildings will be 2 stories each with basically a daylight basement concept. The lower floor will be completely below grade of the uphill side of the structure. Walkways are planned in the berms and as shown in the area adjacent Meridian Planning & Zon• Commission March 11, 1997 Page 34 to the roadways where landscaping is it is the City's required landscape buffer along Franklin Road we are proposing 20 feet. Along Eagle Road it is 35 feet. Partly because of some questions with the Highway District's request for right of way. Which I believe Shari Stiles can address with you also. They haven't resolved whether or not they will be taking 100 feet there or just requiring 54 feet. In the highway district's conditions we wanted 54 feet that impacts the zoning for this limited office district and what the setback would be from that property line that is along the Franklin Road side. If it ends up at 100 feet vue would be looking for the 20 foot setback for the front in Limited Office District which would be a variance from the required 30. We do have plans for extending the city utilities, we have spoken with public works department. There is a plan for extending sewer along Eagle Road from Magic View Drive. We have conducted some surveying in that area and have found out we can service most of if not all of Springwrood and Autumn Drives and the houses that abut those streets. Additionally water will be extended from the existing main that is in Eagle Road and is stubbed across to Franklin Road and it will be stubbed along the entire frontage to the west property boundary. We did hold a neighborhood meeting a week ago to discuss any of the neighbors concerns with the project. Most of the neighbors homes that are along the property line were in attendance. We talked about basically trying to work landscaping issues with them and also the privacy issue of our view back to the southwest with basically their views of the Boise front. As I said before v~ feel this fits with the City's comprehensive plan and we feel that we can meet the conditions set forth in the general and specific comments of the City's letter. Subject to your questions that is all I have. Johnson: Thank you very much? MacCoy: I would like to start off, I commend you or whoever your designer is architect I think it will be a nice addition to the City. It is pleasing to the eye and also looking at your layout I think it will work. We will talk about that a few moments later down the road. I take it you have read and had a meeting with our staff on all of the conditions? Smith: We have not had a meeting with the staff, but we received the conditions on Friday and drafted a response to that on Monday. MacCoy: You answered my questions on water and sewer already and I am going to pass to Keith. Borup: Was there anything specific on any of the staff comments that you had any question on? Smith: No, I think the only thing that has to be resolved is what the Highway District's right of way requirement is going to be along Franklin. They appear to be not ready to commit to the 100 feet and we will probably going with the 54 feet. That may provide a Meridian Planning & Zo~g Commission • March 11, 1997 Page 35 little bit of room for us to space the site slightly more. But the general concept would remain the same. Borup: For this point, your request for variance on the setback, that was just if ACHD is asking for 100 feet. Smith: Yes it is, and they haven't firmly asked for that 100 feet, they are trying to resolve that issue. Johnson: Mr. Manning any comments? Thank you very much, this is a public hearing, is there anyone else that would like to address the Commission on this application at this time? Are there any comments from staff? If not I will close the public hearing at this time. Borup: Mr. Chairman, 1 expected some comment from the public. I do have a question of the applicant then, if I might. Is it too late? Johnson: It is never too late, it does get late. I will reopen the public hearing at this time. Borup: That was on the question, you said you had met with the neighbors and it sounds like you must have done a good job. That was on the buffering, landscaping privacy along the basically the south property line where the ditch is running there now. Smith: Right, we have discussed that with the neighbors and the lady that lives in the most westerly side is here this evening and we have spoken with her. We made her the same offer that v/e made the other neighbors is that we will attempt, we will survey the rear areas of their homes and based on the locations of their buildings we will try to provide landscaping that will screen from any headlights that might as cars approach from the road try to help prevent that from being a problem or being a problem. The concept of this being a professional office building though we expect it to be basically a day use. The type of tenants that we may attract may be some of the professionals that doctors that may be working in conjunction with some services at the St. Luke's center. So we don't expect that to be something that will generate any significant night time activity. At the same time trying to provide them some privacy v~ are also going to try to somewhat maintain their views of the Boise front by leaving some gaps. Some of the neighbors requested that we don't basically put a large tree right in their line of view whatever that may be of Bogus Basin or the rest of the hills. So, we are going to make a sincere effort to make that work for them. Borup: And your plan is to the the ditch? Smith: That is correct. Meridian Planning & Zon• Commission • March 11, 1997 Page 36 Borup: I guess I was wondering on the large tree landscaping over the ditches. Smith: That is a concern that has been expressed by the planning staff and we will obviously submit our plans for tiling that ditch to the Nampa Meridian irrigation district and meet any requirements that they have. They will obviously want some ability to get in there to perform any maintenance if it is required. We have a decent landscape strip there between the parking and where the ditch will be or where the Snyder Lateral is. We feel that we have enough room to both perform some good landscaping and provide the irrigation district with what they will require. Borup: Is the lateral outside your property? Smith: It is entirely within the property. Borup: The staff I think had made a comment perhaps on a privacy wall, is that something that was being considered? Smith: We don't think a privacy wall will work very well. Basically because of the topography on this comer is basically a V that runs from Franklin and Eagle Road down to the Snyder Lateral and then back up on the other side. We think that even a 6 or 8 foot wall would probably be relatively ineffective from screening their view of the backs of those buildings because of their houses are built up the hillside. We, our plan is basically to try and do most of that with landscaping and we are considering some type of fence to basically provide some partition or separation between the residential and the commercial use. Borup: Thank you, that is all I had. Johnson: Since we are open, any further questions? James Haskin, 3140 East Franklin, Meridian, was sworn by the City Attorney. Haskin: I had a question as to whether, they are going to bring this sewer line and the water line from what direction, it is going to come up Eagle? Johnson: Do you have any other questions, we will have our City Engineer answer that question. Haskin: Well I want to know, when they bring that buy am I going to have to hook onto it? Johnson: Would you address that please Gary? Meridian Planning & Zon• Commission • March 11, 1997 Page 37 Smith: Mr. Chairman and Commission members, the sewer line is going to be extended from the St. Luke's area to the north along Eagle Road to serve this project. There isn't any plans at this point to put any sewer in Franklin Road. Anyone that is within the City limits and has a sewer line within 300 feet of their property can be required to connect by City ordinance. Haskin: I could be required to hook onto Smith: Are you in the City limits? Haskin: I am on the northwest corner of Eagle and Franklin, right directly across from this property. Smith: That is in the ordinance, we have not pursued that requirements. We don't need the customers. Haskin: That is the sewer line, what about the water line? Smith: Same situation with the water line. We have not pursued requiring the connection of properties. The only time that properties will connect whether they are in the City limits or outside the City limits if they are adjacent to sewer or water line is if they are having problems with their on site systems. Haskin: What about sidewalks going through there and meeting on the other side (inaudible) Smith: I don't have any information on that sir. Haskin: I guess that is ali the questions I have about it. Johnson: Thank you, there is a lady that also had a comment. Sherri Holloway, 2975 East Franklin Road, Meridian, was sworn by the City Attorney. Holloway: My only concern and I talked with Roger a few minutes ago was that with the allotment that they have to have for Ada County. If Ada County Highway says that they don't have to have quite as much as the 100 feet from the centerline, if they will take the berm and the landscaping and stuff up farther onto our property. Our fence line is from those first, (inaudible) if Ada County decides not to use all 100 feet if they will just bring that up so that as I look out my basement window because I have a big sliding glass window on the bottom and one on the top that I am not looking out into just their on coming traffic right there. That is it. Meridian Planning & Zon~ Commission • March 11, 1997 Page 38 Johnson: Thank you very much, anyone else? Any of the Commissioners? I will close the public hearing at this time. This is a request for annexation and zoning, it requires findings of fact and conclusions of law. MacCoy: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: It is moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law on item #12, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE BUILDINGS BY A'a LLC: Johnson: I will now open the public hearing and ask the applicant to come forvvard and be sworn again. Roger Smith, 870 North Linder Road, Suite B, Meridian, was swum by the City Attorney. Smith: Mr. Chairman and Commissioners the pronunciation of that is A'a it is a type of lava it is a Hawaiian word. I request that the previous testimony given for the annexation and zoning which applies to the conditional use be entered into the record. Johnson: So on that sketch then those are really palm trees? Smith: No sir they are not. Johnson: Do you have any comments, any questions of the applicant on this? MacCoy: Yes I do, since it is a two story building are you making any preparation to take care of the handicapped going from the first floor to the second floor? Smith: Yes sir, inside the main building in the corner there will be two elevator shafts which will serve from the parking area up to each of the levels of the main building and there will be a connecting pathway between the two other buildings and that building on their upper floors. So, they will have ADA access on the lower floors obviously for the two buildings there. We will provide that and on the upper floors they will have access from the parking lot. The plan is basically to provide the handicapped parking in that lower area so that persons requiring those services will be able to get out on either side, use the elevators going up and accessing the adjacent building. Meridian Planning & Zon~g Commission • March 11, 1997 Page 39 MacCoy: Very good, just kind of a side comment, don't forget the ends that have both rear as well as both sides with their lifts. What is your building material, I know it looks like it is brick. Smith: That is planned to be a split face masonry block and also glass block with some tinted glass windows in the building also. The color was basically selected by the architect, we are really planning on using basically a gray masonry block with a blue or some off blue color on the glass block and windows. MacCoy: What about exterior lighting on that total complex. Smith: Plans to have lighting on basically the southwestern boundary directed back towards the buildings and parking areas so there won't be any possibility for basically a lighting problem with the adjacent residential units. MacCoy: So your parking lot is lit for safety and security and everything else, so it won't bother the attendants. Are you providing bike racks by the way? Smith: There will be provision for access for bicycles as well as pedestrian access around the site with, as I said before meandering sidewalk that will be in the berm area. MacCoy: Just a matter of a side note to you, would you have your drafts person or whoever has done it on your drawing C1, your street names are both Eagle, you might want to get that corrected. Smith: It is corrected. MacCoy: That is all I have. Johnson: Thank you Malcolm, anyone else? John did you have something? Fitzgerald: I did, in looking at the information, the owner of the property is Swiss Management International Inc., does that entity consent to or agree to this application for a conditional use permit? Smith: They have provided that consent in writing. Fitzgerald: I just noticed that the consent was for the annexation and zoning so that is why I asked in terms of the record. Johnson: Thank you, this is a public hearing, is there anyone else that would like to come forward on this application? Seeing no one then I will close the public hearing. Meridian Planning & Zonlfig Commission • March 11, 1997 Page 40 MacCoy: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. Borup: Second MacCoy: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on the request for a conditional use permit for professional office buildings by A'a LLC, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. ONE HALF ACRE TO R-2 BY DAVID AND BECCI CARMACK: Johnson: I will now open the public hearing and invite the applicant or the applicant's representative to address the Commission. Becci Carmack, 1705 West Pine, Meridian, was swum by the City Attorney. Carmack: Well 1 am going to be awfully boring in comparison to all of this excitement. It has been pretty educational to be here. Unlike atl of the other applicant's and it looks like the requests that normally come before this body, this is not a commercial project this is nothing to do with monetary gain and we are not going to be compensated for our expenses in any way as are the other people that you have heard from tonight. So I would like to ask you to keep that in mind as you make considerations about what will happen on our property. This is all as a result, just a little brief history, we have lived at this residence for almost 14 years now and it has been there in its current condition for longer than I have been alive. The house has been there and the property has been there it has not changed in that time. We have been a part of the County, we have been on our own water system and our septic system during that time period. Last May our well decided it had had enough I guess (End of Tape) water for five days with seven people in our family was an experience that I hope you all miss. Anyway at that time we had to have another water source, we made application to the City. We received some very strong encouragement from the City at that time the water department and also the office of the City Engineer that led us to believe that we should pursue annexation at that point and we did. It has been an interesting thing, because you are so busy with other things and because this is not the norm somehow our application was lot for about 5 months. So we have just kind of been waiting around to see what happened. Only this afternoon did I receive anything from Planning and Zoning about comments or anything. I got this when I got home from work today, so I have just barely had an opportunity to look at it myself. I don't see that there are any real problems. But I surprised to see on here that the comment that we, one condition might possibly be that we be asked to hook up to the Meridian sewer. As we have discussed this, in fact I even met with Mayor Corrie at one point about it, we were told Meridian Planning & Zo~g Commission • March 11, 1997 Page 41 that should anything happen to our septic system we would not be allow to repair that we would have to hook up to sewer at that time. That is certainly understandable and I have no problem with that. However, having to hook up to that immediately from what Mr. Smith said earlier is not necessarily a requirement but could be asked of us according to the City ordinance. I believe that is what he just stated in the previous testimony. So I would just ask that it continue to be as we have been lead to believe and that is if we do have a problem that obviously we would hook up to the sewer it is convenient, it is out front. And we would do it at that time. The only other question that I have is also in the comments that we received from the City someone suggested that we be an R-3 zoning rather than R-2 I believe that was by Mr. Freckleton and Ms. Stiles. I am not sure what that would entail I don't see how the property could change from what it is, there is no building that could be done on this property. There is no place to put any other residences or anywhere. There is no frontage there is no way that anything can be built on there to change it. So I don't know you would have to educate me about why that should be changed. Those are the only two comments, would hope that we would be allowed to go ahead with it on the basis of those considerations. Do you have any questions that you need to ask of me? Johnson: Any questions of the applicant at this point? MacCoy: Well you have answered some of my questions already. I also will pass along, I can well imagine minus the water situation. My daughter went through that this year (inaudible) family and no water. Carmack: It was real interesting. MacCoy: That is what she said. You have already stated that you have no problem with any of these things, I at this moment say I am satisfied. Borup: One of the questions I had I think you answered and that was the time frame. So you said you did make application 5 months ago initially? Carmack: When this happened, actually it is kind of a long story I am not sure you really want to hear all of it. Borup: Not really Carmack: Anyway they lost the application last fall and it has been in a file somewhere according to Mr. Ehlert who works with Mrs. Stiles and finally. They told us they would contact us and I didn't want to nag them but I finally ended up calling and saying what is going on. (Inaudible) try to follow up on this. So that is what happened. Borup: I think her comment on the R-3 zoning was R-2 requires minimum of 1800 square feet and you are just a little bit under that. Meridian Planning & Zon1T5g Commission • March 11, 1997 Page 42 Carmack: We are close to that but not quite. Borup: I think that was the only reason for that statement. Johnson: So you have no problem is we zone it R-3 as opposed to R-2 right? Carmack: I don't, I don't see that there is any difference. Johnson: Anyone else? Gary could you clarify that statement regarding a requirement or lack there of to hook up to sewer. Smith: Mr. Chairman, Commission members that is just a standard comment that we make for these projects that generally hook to water, we require that they hook to sewer at the same time. It is the same comment that was made for Builders Masonry products or Builders Marketplace when they requested to connect to severer, we requested that they also hook to water. In that particular case we needed the water measurements in order to make the assessments for sewer. IN this case we wouldn't need to make that connection in order to bill for water because a meter will be installed or has been installed. Carmack: It has been installed and we have been paying water bills since last May. Smith: May I ask a question while we are here. Did you pay a double assessment fee because you are in the County? Carmack: No we did not, because the agreement was made and we did appear before the City Council and received a waiver for that because we had been advised that we should. I think in retrospect they were trying to get rid of the enclaves, we are a very tiny enclave and I think that they saw that as an opportunity to get rid of us as an enclave. Took advantage of our crisis to do it. So that was the impetus for that. And probably it will serve us well in the long run. Smith: They could have done that without the crisis. Carmack: Probably so, but then you would have had to bear the expense or at least part of it. Johnson: Thank you, this is a public hearing, anyone else want to testify? Seeing none I will close the public hearing at this time. MacCoy: Mr. Chairman, I move we have the City Attorney prepare findings of fact and conclusions of law for this project. Meridian Planning & Zo~g Commission • March 11, 1997 Page 43 Borup: Second Johnson: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROX. ONE ACRE TO R-15 BY LARRY AND KAY HANSEN: Johnson: I will now open this public hearing and ask the applicant to come forward or the applicant's representative. Larry Hansen, 935'/s West Pine, Meridian, was sworn by the City Attorney. Hansen: I guess I would like to open by saying that my property is bordered by a property that is owned by Lawrence Saunders. I intend if this is approved to work in conjunction or in cooperation with him to execute a development consisting of duplexes and his intention last time we spoke dvas the extension of Idaho Street directly westward. It would intersect our property boundary, the east boundary that we own and continue on through our property and terminate somewhere on the western boundary of our property. Services such as sewer, water and the like would be brought through on Idaho. I have received in red the conditions and have read all of them. Johnson: Thank you, any questions of the applicant? Borup: Just on the 1 think it is item 6 on the comments but in reference to you access to Pine Street, have you discussed that with ACHD at all as far as what they would require or would that need to be a private road? Hansen: I haven't discussed that with them, I don't believe it is feasible just due to the fact that access would come within about 10 feet of my front door. So if Pine Street were brought through, we own a 40 foot section that is our driveway and our driveway cuts right close to our front door. So if that were used say for the purpose of 9`" street which connected with Idaho it would probably conflict with our house. (Inaudible) Borup: So you didn't have any intention of tying access to Pine Street then? Hansen: I don't have any intention I realize that would be desirable but 1 don't know if it is feasible. MacCoy: Have you received the staff comments? Hansen: Yes I have Meridian Planning & Zo~g Commission • March 11, 1997 Page 44 MacCoy: How long have you had those in your hand? Hansen: Since yesterday afternoon. MacCoy: I take it now that you have read them. Hansen: Yes I read them yesterday evening and again this afternoon. MacCoy: Do you have any problem with any of those? Hansen: No I don't. MacCoy: I noticed several things in here that I thought might give you a question, but if you have taken care of it fine. Hansen: There are things that I think would be very difficult to execute in the absence of cooperation of Mr. Saunders. But I believe, the hope is that vve can make this a joint effort. I think that we can satisfy these requirements jointly. MacCoy: You are talking about doing multi-family living in the area in the future. In your immediate neighborhood are there other buildings of that type? Hansen: Yes there are, on 7`h and 8`" Street between Broadway, Idaho and Pine there are multiple four plexes. MacCoy: So you would fit right in, in other words. Hansen: With the property that borders Mr. Saunders property. MacCoy: I don't have anymore questions. Borup: One final one, I assume you will be splitting off your house from the development, (inaudible) Hansen: No I haven't, one issue is the fact that Idaho would have to jog due to the fact If it continued straight beyond my west property boundary it would go straight through my next door neighbors home. So it would have to jog towards the south. So, I think given that, that is going to affect what sort of lot I will end up with on the south side of Idaho versus the north side. My house, presently my house is at the northern most edge of our acre and it is a 960 square foot home. The remainder of the lot is vacant. It is pretty much an open book. Johnson: Anyone else from the public that would like to address the Commission? Meridian Planning & Zo~g Commission • March 11, 1997 Page 45 Vern Alleman, 2101 East Ustick, Meridian, was sworn by the City Attorney. Alleman: I have the same concems about this zoning of this property to R-15 as I stated before concerns crime and so forth. When I say before I had the same comments in regard to the Saunders property. As I stated before crime and so forth that comes with this dense of a population. I have talked to several of my neighbors and have not found anyone in favor of this R-15 zone. In view of this and Mr. Saunders indication on this property that he felt he could make R-8 zoning work I feel this should be limited to an R-8. And personally I don't understand a lot about where he has indicated he can do it why don't we zone it for R-8. It seems (inaudible) so that is my comment. Johnson: Thank you Vern, I appreciate it. Is there anyone else? At this time I will close the public hearing. MacCoy: Mr. Chairman, I move we have the Attorney prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: Moved and seconded we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: Johnson: I will now open the public hearing. Howard Foley, 2875 Autumn Way, Meridian, was svwm by the City Attorney. Foley: We have submitted the application, I am sure the Commission is familiar with it, I won't take time to review it. In terms of the comments we received from the City we have the following responsive comments or concems. One of them and I am not sure whether it is standard indicates that the Zoning Administrator will provide a statement if requested as to whether this conditional use required. Rather than just try to be obstinate about it that might be appropriate, we are in old town. There are just a lot of things that have gone on in old town and the building that we are dealing with which is to the North of the Sunrise and to the south of the Nazarene Church has been Popcorn Alley and its original construction was the original telephone building in Meridian. It is kind of a guess for all of us and I don't mean any offense to anybody but it truly is a guess to all of us as to whether we can have unlimited commercial use which has been in that building historically or whether we should have office use or what we should do. Meridian Planning & Zon• Commission • March 11, 1997 Page 46 We were advised that we should proceed with this application and we have done so. We have no problem with the requested conditions that are set forth from the City. We would comment on number four that we provide screened trash enclosure. We do provide one trash can that seems to us like that would be a lot for a small building to provide screened trash enclosure. If that is necessary we are happy to do that. Item 5 is difficult for us to assess any anticipated any water or sewer needs. We have asked one of the participants in the espresso shop that is anticipated for a portion of the building to come this evening. They operated a larger facility in Eagle, she might be able to address the Commission if they have concerns about those items. It is an espresso shop and a bakery, the water use would be consistent I guess with that type of use. I don't know that it would be a concern but that was an issue and I don't know how to tell you how much water or sewer use an espresso shop is going to require. We would be happy to ask our neighbors, the Valley Shepherd Nazarene Church for a signed agreement to provide cooperative parking. We have been doing that for a number of years in and out of those areas and those lots. Johnson: Thank you Howard, any questions of the Applicant? MacCoy: On the alleyway there which I .think you yourself said it is rocky, mud type of thing. Are you planning to pave that as the City suggested? Foley: I am sorry Commissioner MacCoy, I didn't see a request that we pave. The area that extends beyond our particular structure is probably 20 feet maybe, that is not right 10 feet to the south and maybe 20 feet to the west. The area that surrounds that doesn't belong to us, I believe that belongs to the Valley Shepherd. MacCoy: That is what I was wondering, you have answered by question there. Just curious you have shown on your diagram here that half of the building will be a shop and the other half is Valley News. Are you planning, in the first place, there has got to be a wall in between those. Foley: There is an existing partition wall. MacCoy: Is that fire proof or is that just by luck we have a wall in there Foley: It is just by luck that we have a wall in there, I can tell you there has been a wall and then there has not been a wall when it was Popcorn Alley there wasn't wall. Prior to that there was a wall. It is not a bearing wall. MacCoy: It is just a partition wall in other words. In the future is the Valley News going to relinquish their spot, (Inaudible) I guess what I am really asking for is the bakery going to expand itself? Meridian Planning & Zon~g Commission • March 11, 1997 Page 47 Foley: I don't know the answer to that, we have had any number of people who have resided in there I can tell you that we offered the rest of the building to the entity now that owns the Valley News and they declined to take that space although they expressed interest in it before we entered into a tentative agreement with the espresso. MacCoy: Okay, no plans, that is all I had. Borup: You did say you were obtaining a written parking agreement with Foley: I can tell you this that because we also own property also adjacent, we share parking, we share trash facilities with other properties we have made that request in conjunction with those other properties, the Valley Shepherd. What we have now is just sort of a handshake (inaudible) that we all do those things, we have never entered into a written agreement. I think some concerns maybe by the Church and church officers that they not have something that is binding on the next board and the next board and whatever else. I am more than happy to make the request of Valley Shepherd and ask them if we can do that. We have done that ever since we have owned the property, shared parking and use of the facility. There is just no way I can say and make them agree but (inaudible). Borup: The Valley Shepherd owns the vacant lot to your south? Foley: Yes, to the southwest (inaudible) Borup: Between your building and the Sunrise that vacant lot? Foley: The Sunrise owns that. Borup: You said south in your comments. Foley: It is an L-shape and to the west is owned by the Valley Shepherd and to the south is owned by the Valley Shepherd. West and south. Borup: 1 thought that was Sunrise. Foley: Of the subject property to the west is owned by Valley Shepherd and to the south of the subject property is owned by the Sunrise bakery. Borup: That is all, I don't know what it accomplishes. Johnson: I can agree with your characterization with the attempt to get the written agreement with the church because t have been through that same process and they would prefer not to have anything in writing but they have been very agreeable to let us park there. I do the same thing (inaudible) Is there anyone else from the public that Meridian Planning & Zo~g Commission • March 11, 1997 Page 48 would like to talk to us tonight? Seeing no one then I will close the public hearing on this issue. MacCoy: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. 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 #17: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE FACILITY FOR 13+ CHILDREN BY RHONDA WILLIAMSON (R- HOUSE CHILD CARE): Johnson: I will now open the public hearing and ask Rhonda Williamson or her representative to address the Commission. Rhonda Williamson, 2009 West Sunnyslope, Meridian, was sworn by the City Attorney. Williamson: I plan on expanding my current child care which is now existing in my home in the Vineyards, I currently watch five children. My proposed plan is to expand this child care and I am in the process of purchasing 208 E. 3"' Street which I have asked fora conditional use permit to run the child care facility from that. I have been in personal contact with the adjoining neighbors and there has been positive feedback from them. My general hours are 7 a.m. to 6 p.m., I will be closed on the weekends. I will have an occasional time where I will interview parents. The total number of children that will be allowed at this facility or at least that I will require will be 20. The ages that I will watch are newborns to five. There will be no other employees other than myself and my husband, we will run this and own it and operate it ourselves. I have a new vicinity, the map that you guys have received (inaudible) First of all I would like to say I didn't take drawing classes or anything so this is just my own concoction. This property as I said is on East 3`' Street. The reason why I had made this vicinity map again, I have met with Ada County Highway District and there were two different situations that we had talked about. First of all in Plan A I am running this child care as a home, in other words my theme is our home away from home. What I am looking to do is try to preserve the look in the neighborhood and also keep the home looking like a home. In words I will not have a sign out in front, I want to try to keep away from making it look like an exact day care center. I want to make it look like a home day care. Just with a greater number of children. On the actual property I am able to have 3 parking spaces and in speaking with Shari I am supposed to have 4 actual parking spaces, I think that is one per 10 children and one per employee. Being as my husband and I will be the Meridian Planning & Zon• Commission • March 11, 1997 Page 49 employees we are asked to have four. The reason why I bring this us is I am asking that if in speaking with Ada County Highway they don't have a problem with me continuing the in plan A continuing the area from the street on 3r°, the actual pavement continuing that all the way to this public sidewalk. In doing so, using one on street parking space for my facility. That is one scenario, the other scenario for plan B is to actually put an additional parking space in front of the house which will be on my property. My reason for bringing both of these to you is the fact that I will do whatever you have considered to be the best for the situation for the neighborhood. But I did want to reiterate the fact that I am trying to keep and preserve the old town look. Like I said my theme home away from home I want to try to keep it looking like a home therefore trying to avoid the parking lot scene. I have, lastly I have read the comments regarding our review. We will comply with all of the requirements as read. Are there any questions of me? Johnson: First of all, do you know the Harris's? Williamson: Yes I do Johnson: We are in receipt of a letter from them that oppose the application and you stated you met with the neighbors and they were in favor of it. Did you talk with the Harris's? Williamson: Yes in fact I have spoken to them a number of times on the phone, I have seen them twice personally and I was given no indication as to whether or not they would be opposed to that. They have actually asked me specific questions. Johnson: Do you have a copy of the letter they sent to the City, .would you like one? Williamson: I would Johnson: Secondly, I understand where you are coming from with respect to wanting the premises to look like the rest of the neighborhood, our concern is more of one of life safety and parking enters into that. Is there anyway it can be configured that the additional parking spaces required could be put in? Williamson: To be put in? Johnson: Well it requires four and you have three. Williamson: Yes in plan B I also have a separate area where it says that I can put an additional parking space directly in front of the house. Which would be on the front yard property which would be off street. That is my second plan. It meets all of the size requirements. Meridian Planning & Zon• Commission • March 11, 1997 Page 50 Johnson: I have one other question and this is just because I don't know, can you and your husband handle 13+ children? Williamson: As a matter of fact we can. I personally love children, I have been taking care of these 5+ children for two years now and to be honest with you. I have a degree in child development and originally I started in social work. Being that was so depressing I finally decided to start shaping kids at the early age rather than reacting to what happens later on. So anyway, this has become a very big love of mine and taking care of children is basically what I have been looking for. 1 have been doing it for two years like I said and my husband has joined in my effort and my love for children. So yes. Johnson: Thank you, there are probably other questions from the commissioners. MacCoy: Are any of the children your children? Williamson: I have one child. MacCoy: I may have missed what you said here but in reading the material you are going to have 13+ children was 20 was the top of that? Williamson: That is the max. required for the amount of square footage in the home. MacCoy: I had the same thought process here that Jim had here the fact, I guess it just struck me that they had 20 children and it was just you and your husband, that to me seemed like a lot of children. Williamson: I personally have set goals as far as exactly what the ratio should be. In other words I won't have 20 infants. I personally will only allow 2 infants and 4 children under the age of 2 and that is my own personal rules and guidelines. As far as what I feel should be. Just because of the fact that infants and young children need more attentiveness and such. Being the fact that the additional children would be at a toddler to pre-school age generally they play together. Like I said it is not a huge house it is the fact that my husband and I would have a watchful eye all of the time. MacCoy: (Inaudible) Are you planning, this is kind of a both sided question, have any handicapped children or to say you will not take care of handicapped children? Williamson: It will be open for anything. MacCoy: If that is the case then are you aware that if you go into that you have got a lot things you are going to have to take care of because Meridian Planning & Zon• Commission • March 11, 1997 Page 51 Williamson: When it comes time we will address those issues and do whatever is required of us. MacCoy: On your drawing here the fence is how high? Williamson: We will have a privacy fence which is a 6 foot fence. MacCoy: A gate will be where? Williamson: On which side of the property sir? MacCoy: I am just looking for a gate I don't know. Williamson: I actually didn't write that in, where the three parking spaces are toward the end where it says a 14 foot new privacy fence will be, I will have a gate there. I will also have a gate over to the southwest portion of the property over to the west portion where the shed is, there is a line there. There is an actual gate that will go in there also. The top where the shed is off to the right, that is where the privacy fence will go across also. Does that make sense? MacCoy: Yes it does, and those gates will be lockable? Williamson: Yes and they will be with a combination lot, that is the way I do my own home now. MacCoy: Children are very good at opening doors and locks and everything else as you probably already know. Williamson: I have been very successful with the children that I have now and I can tell you that my children are top priority so safety is a number one measure for me. MacCoy: I am not sure this is a problem for you, have you looked into the noise factor considering the neighbors with that many children around a house is a house and eventually that noise level is going to get a little higher than you plan for a regular house. When you talk to your neighbors were they at all upset with that? Williamson: The Harris's, he had said we are a little concerned as to the fact of the children hanging on their fence. Which like I said we are putting in a new privacy fence which will separate their fence from our fence. So needless to say they won't be in contact. Their property stops at a particular line also, where our property will abut Weast N which is a commercial zone and then off to the southeast portion and the northeast portion of Lot 11 this property is owned by a construction company. In other words there isn't anyone directly behind the house or in the backyard to be able to conflict as far as the noise wise. As I said where the fence is going to be on the right Meridian Planning & Zo• Commission • March 11, 1997 Page 52 hand side of the property the Harris's property is to the complete west portion of their lot, in other words there is a large portion of their property which is just a grass area. So therefore like I said the privacy will really help cut out part of that noise and likewise any jungle gym or whatever else we will put in the back of the property that won't affect any of the direct neighbors. It will be just in the vicinity of where. the commercial zones are. MacCoy: That was my next question (inaudible). On the other said, you mentioned you are not a draftsman, I thought you did a pretty good job with this. (Inaudible) I am going to pass it on to Keith. Borup: I don't think you addressed this, this was one of the questions, hours of operation. Williamson: 7 a.m. to 6 p.m. Borup: Some questions have been asked on the number of children, does Health and Welfare have a ratio guideline? Williamson: Yes they do it is 1 to 12. Borup: So you are planning on being under that. Then, here on one of your first parking plans you are talking about having the parking, was the parking changed after discussing with ACRD, it looks like they preferred Williamson: Parallel Borup: Well it looks like they preferred having the stacked parking along the side of the house. Was that from their recommendation to pave and do parallel parking in front, was that a discussion with ACHD? Williamson: That was in our discussion and they actually recommended that I put in the three parking spaces going to the left of the home and using one of the spaces out front on the, as an on street parking they requested that I use that. That was my recommendation, am I correct on that. Borup: I think the parking requirements from ACHD (inaudible) Williamson: Right, exactly but 1 think that was their recommendation is that they wanted me to do that. That is why I came up with Plan A and Plan B Borup: Do you have a comment Shari? Meridian Planning & Zo~g Commission • March 11, 1997 Page 53 Stiles: Because of their requirement for off street parking I think the applicant at first thought was her property that went clear out to the road. In fact there is an 80 foot right of way in there so clear to the sidewalk is ACRD right of way. It is a lot of dirt in between the pavement (inaudible) Williamson: Yes originally I was under the impression that was part of our property and that was the reason for (inaudible) Fitzgerald: I have one quick question, are there any open ditches or swimming pools or open water on the property? Williamson: No MacCoy: I was going to ask you, do you have a dog? Williamson: On the property, no, this would be used primarily for child care. MacCoy: I know we got into one of them that had a couple very large dogs and we got concerned about that. (Inaudible) Williamson: Anything else. Johnson: Anyone from the public that would like to address the Commission at this time? I will close the public hearing at this time. MacCoy: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE EMISSION TESTING STATION BY JOSEPH HANSON (IDAHO AIR): Johnson: I will now open this public hearing. William Egbert, 11560 Ramrod Drive, Boise, was sworn by the City Attorney. Meridian Planning & Zoning Commission March 11, 1997 Page 54 Egbert: I am the co-owner of Idaho Air along with Joseph Hanson who submitted the application to you, he was unable to be here tonight so I am here to discuss the matter with you and answer your questions. I will try to be brief. We have had an emission testing van in the city of Boise for ten years, it is located near the corner of Fairview and Five Mile. Avenue, in the shopping center there and we have been good tenants in that shopping center and have not had any trouble during that period of time. Last fall the citizens of Ada County voted on whether to continue the current emission testing program or move to a new program and the vote was to continue, the public wanted to continue with the current emission testing program. At which time we decided to purchase a second van which we did and located it in Ada County at the salvage yard the ATW salvage yard which is actually only a couple hundred yards from the location to which we wish to move our van. Quite frankly we wished a little more, little nicer location for our service than the salvage yard and we located at D & B Supply and proposed to them that we move our service into their parking lot which was not, the portion of the parking lot which is never used for customers. They were in agreement with that proposal. However they are in the City of Meridian which is the reason why we came here for the approval before you tonight. Concerning the comments, the only comments were by the City Engineer and Ms. Stiles. The first comment suggests that the City of Boise licenses the emission vans for $180 a year was a bit of a surprise for us since we have never been billed for that in the last 10 year unless they have forgotten us. That would be a bit of a surprise. We were the third emission testing van licensed in Ada County so we have been there for quite a while. All of the other suggestions are very reasonable and I really appreciate the tone of the suggestions. They are not as a commandment but rather a willingness to work, requesting us to work with the members of the Planning and Zoning Commission to make our emission testing van more safe and more appealing to the public. We are happy to do that. So that is all I have to say. Johnson: Thank you, any questions? MacCoy: Your contact with D & B, was that Rod Schneider? Egbert: Yes, it is Mr. Schneider. MacCoy: You realize that he is doing this month by month, that was okay with you? Egbert: Yes we have had that agreement for 10 years with the Plantation shopping center and that seems to work nicely for us. MacCoy: 1 didn't know (inaudible) not that Rod is going to throw you out into the street but are you going to be back in there in another 6 months? Egbert: I hope that is not the case, we certainly want to be good clients and good tenants for him. Meridian Planning & Zo~g Commission • March 11, 1997 Page 55 MacCoy: He is a good fellow to work with. Borup: I just, I had two Mr. Chairman. One on comments three and four. I guess the month to month agreement would answer the problem if there is a conflict with property to the west. Did you realize, I assume you realize it could be a potential conflict there. And the other was on signage. Do you have any questions? (End of Tape) Borup: (Inaudible) Egbert: As long as we have some idea of what is acceptable. Borup: I think staff can Johnson Our sign ordinance basically says that we permit all signs that are not visible. Any other questions? Thank you, anyone from the public on this application? I will close the public hearing. MacCoy: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #19: REQUEST FOR A VACATION OF WEST BOUNDARY OF LOT 36, BLOCK 1 HAVEN COVE SUBDIVISION NO. 5 BY PACIFIC LAND SURVEYORS: Johnson: This is not a public hearing, will the applicant address the Commission. Eddy: My name is Tom Eddy, I am from Pack Land Surveyors at 290 Maple Grove Road in Boise. This is misleading. This is a vacation of an easement on the west boundary of Lot 36, Block 1. There has been a lot line adjustment made when Lot 36 was platted in Haven Cove No. 5 it was a large lot, some 14,000 square feet. Then when Haven Cove No. 5 was platted there was a smaller lot adjacent to Lot 36 which is Lot 50 1 believe it is. The plan was to combine the two and make, to combine the lots and make 2 8,000 square foot lots with the lot line adjustment. Well Haven Cove No. 5 put an easement on the west boundary of Lot 36 and we are here to vacate that easement, there are no utilities in it. We put a utility easement on the lot line adjustment which makes the two lots 8,000 square feet (inaudible). Johnson: Thank you, questions? Meridian Planning & Zon• Commission • March 11, 1997 Page 56 MacCoy: I do not no. Johnson: Thank you, anyone from the public on this. We need a recommendation to the City. Borup: Mr. Chairman I move that we recommend to City Council that they grant the vacation. MacCoy: Second Johnson: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #20: REQUEST FOR A VACATION OF SEWER EASEMENT BY BERTA NEELY (NAPA AUTO PARTS): Johnson: Yes sir. Burgess: I am Tim Burgess I am with Civil Survey Consultants at 1530 West State Street. This request is for a sewer line that runs north south about the midpoint of a lot at the northwest corner of Meridian Road and Taylor. That is where the new NAPA auto parts store will be constructed. Unfortunately the building goes right on top of the sewer. So we are proposing to relocate the sewer to Taylor or in the public right of way of Taylor and down the public right of way of Meridian to an existing manhole and abandon the pipe that would be under the building. Johnson: Thank you, questions? Borup: There is a pipe there now? Burgess: Yes Borup: Is it an active line? Burgess: Yes, it was built, well the easement was recorded in 1955. So it has been there for a long time. Borup: And are they just doing dirt moving there on site now at this point. Burgess: Well unfortunately we didn't realize that sewer line was there until after they had started moving that dirt in. So it was late in the game that we found that. Meridian Planning 8 Zoning Commission • March 11, 1997 Page 57 Borup: So you have a building permit and we are ready to go then? I don't know if that is pertinent. Johnson: Any other comments? No additional comments from staff? Anyone from the public? No comments, what is your pleasure? Manning: Mr. Chairman, I recommend approval to the City Council. MacCoy: Second Johnson: Moved and seconded we recommend approval of the request for a vacation of sewer easement by Berta Neely, all those in favor? Opposed? MOTION CARRIED: All Yea Manning: I move we adjourn. MacCoy: Second Johnson: Moved and seconded we adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:30 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: WILLIAM G. BERG, JR., CITY ~LER~ = B~AL I~,,~O?T ~sZ •, ~Z' :~~~~t~~~~Y~~~~W~'~~~: APPROVED: BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PRESTIGE CARE, INC. REZONE OF 8.38 ACRES FROM R-4 TO L-O NORTH OF CHERRY LANE AND ONE QUARTER MILE EAST OF TEN MILE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on February 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representatives, Steve Williams and Melissa Leclerc, 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 of Law: FINDINOB OF FACT 1. A notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to said public hearing scheduled on February 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 11, 1997, 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. The property contains approximately 8.38 acres and is located within the City of Meridian. The property is described in the application which description is incorporated herein. The Applicant is not the owner of record of the property. The record FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. PRESTIGE CARE, INC. - Zoning Amendment owner of the property is Joan D. Priest and she has consented application for re-zone of the property. 3. The property is presently zoned (R-4) Low Density Residential District and the Applicant is requesting a rezone to (L-O) Limited Office District. 4. The property is in close proximity to existing homes. 5. The proposed land use is to construct an assisted living facility which would consist of the following: a 44 unit assisted living facility with a 16 unit alzheimers wing, and 106 suite retirement residence with ten garden apartments. Steve Williams, a representative of the Applicant, testified and explained that an assisted living facility is a residential alternative for senior citizens who are unable to reside alone. 6. Melissa Leclerc, a representative of the Applicant, testified and explained substantially as follows. The nature of an assisted living facility is between an independent senior living facility and a nursing home. Consequently the zoning of the piece of property can create a problem. The Applicant believes that the property is ideal for the proposed use because the property is in close proximity of a residential area and located off of Cherry Lane so it will have high visibility. The proposed use is great for residents who seek a certain level of activity and closeness to their families who live in the surrounding neighborhoods. The L-O zoning most closely fits the zoning requirements which the Applicant needs; there is not a zoning category which is perfect for the proposed use. The R-4 zoning district does not meet the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. PRESTIGE CARE, INC. - Zoning Amendment needs of the Applicant for the proposed use, and a planned development may meet the Applicant's needs but the density becomes an issue. The Applicant desires to have short corridors to enable the residents to get to the dining area. To make the project economically feasible, it must be fairly dense. The project provides common areas, activity rooms, a beauty salon and a dining area, so the Applicant needs the added density to make the project successful. 7. The proposed zoning amendment is consistent with the Meridian Comprehensive Plan. 8. A nursing home is a permitted use by conditional use permit in the (L-O) Limited Office District, which is the use most like the proposed use which the Applicant seeks for the property. 9. That the (L-O) Limited Office District is described in the Zoning Ordinance, 11-2-408 B. 7 as follows: (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 10. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted general comments which comments are incorporated herein as if set forth in full. Their general comments included that any existing FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. PRESTIGE CARE, INC. - Zoning Amendment 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; that any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517; that wells may be used for non-domestic purposes such as landscape irrigation; that a determination of the seasonal high groundwater elevation needs to be made, and a profile of the subsurface soil conditions as prepared by a soil scientist submitted with the development plans; that a surety will be secured for any uncompleted improvements prior to the issuance of a temporary Certificate of Occupancy; that there must be coordination of fire access and hydrant location in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies; that fire hydrant locations shall be depicted on development plans; that handicap parking, associated signage and building construction shall meet the requirements of the Americans With Disabilities Act; that all signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance; that flashing signs will not be permitted; that all signs are subject to review and approval of the Planning and Zoning Department; that sign permits are to be obtained prior to their construction; that screened trash enclosures are to be provided in accordance with the City's ordinance; that there must be coordination of the dumpater FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. PRESTIGE CARE, INC. - Zoning Amendment site locations with the City's solid waste contractor; that dumpsters be located so as not to impede fire access; that all driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District; that graveled driveways, parking areas and accesses are unacceptable; that 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; and that all site drainage shall be contained and disposed of on-site. 11. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted site specific comments which comments are incorporated herein as if set forth in full. Their site specific comments included that sanitary sewer service for the proposed development is not going to be an easy task; that David Marks, P.E., with Tealey's Land Surveying has done some preliminary designs that indicate that the City of Meridian's minimum design criteria could be met with some filling of the site; that the treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated; that approval of the application needs to be contingent upon the City's ability to accept additional sanitary sewage generated by the proposed development; that the subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department; that sanitary sewer easements shall be dedicated to the City of Meridian, if it is the Applicant's desire for the City to own and maintain the sewer mains; that water service for this development FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. PRESTIGE CARE, INC. - Zoning Amendment shall be off an extension of the existing 8-inch diameter main stubbed into the subject parcel from Cherry Lane; that the developer shall be responsible to extend an 8-inch diameter main through the site and connect to the existing 8-inch diameter main stubbed to the site in W. Gemstone Drive; that the developer shall also be responsible to extend the 8-inch diameter main north to connect to the future residential area; that water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model; that the subdivision designer is to coordinate sizing and routing with the Meridian Public Works Department; that the water mains and fire hydrants shall be installed by the developer and then dedicated to the City for ownership and maintenance; that the easements shall be dedicated to the City; that plans for the parking lot lighting shall be provided to the Meridian Public Works Department; that illumination of the site shall be designed so as not to cause glare or adversely impact neighboring residential properties, as determined by the City; that all landscaping is to meet the requirements of Ordinance Section 11-2-414 D. 2.; that underground sprinkling and a minimum of one three-inch caliper tree per 1,500 square feet of asphalt is required by City ordinance; that a detailed landscape plan will be reviewed during the building permit approval process; that a minimum of 35 feet landscape setback is required on Cherry Lane; that a pressurized irrigation system utilizing surface irrigation water shall be required within the development; that any proposal for a supplementary connection from FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. PRESTIGE CARE, INC. - Zoning Amendment 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 a six foot high permanent perimeter fencing be installed prior to obtaining building permits unless this requirement is specifically waived in writing by the City; that the project proposes two-story structures which would allow views of back yards of adjacent residential areas; that special design considerations need to be incorporated to ensure privacy is achieved; that a sidewalk should be provided between the 12 feet fire lane on the east side of the project to the meandering sidewalk shown to the south; that the Applicant is offering dedication of a five acre public park site at the northern end of the entire parcel; that this public park site could be included in the Sunnybrook Farms park to make a nice neighborhood park; that Chateau Drive, a vital connector in this area, will need to be constructed by the Applicant, which will complete the connection from Ten Mile Road to the City park on Eighth Street; and that a development agreement is required as a condition of rezoning. 12. The Applicant responded in writing, by letter dated February 11, 1997 from the Applicant's representative, Melissa Leclerc, to both the general comments and site specific comments of Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, which responses and comments are incorporated herein as if set forth in full. 13. The Meridian Police Department, the Meridian Fire Department and the Nampa & Meridian Irrigation District submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. PRESTIGE CARE, INC. - Zoning Amendment comments on the subject application, which respective comments are hereby incorporated herein as if aet forth in full. 14. The Central District Health Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that street runoff is not to create a mosquito breeding problem; that it recommends stormwater run-off flow to a grassy Swale prior to discharging to the subsurface; and that shallow groundwater can be six feet below grade. 15. The Applicant's representative, Steve Williams, testified substantially as follows. Assisted living is a residential alternative for senior citizens who come to a point in their life when they need a more secure environment, health care and proper nutrition. Facilities to meet such needs of senior citizens are not available except through a home health alternative which is rather expensive. Assisted living is an alternative which is gaining acceptance in communities across the United States. Assisted living provides to the residents a home in the context of an apartment rented on a month to month basis and three meals per day. Through the assisted living facility, the Applicant provides a secure environment and they meet all appropriate required fire and life safety codes. Assisted living is not a skilled nursing home where more acute health care services are provided, but the Applicant provides quite a bit of health care services. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page B. PRESTIGE CARE, INC. - Zoning Amendment 16. The Applicant's representative, Melissa Leclerc, testified substantially as follows. The residents are generally those individuals who are unable or unwilling to live on their own but do not want to leave the neighborhoods in which they have lived. The residents of the facility will not necessarily come from out of town, they will be Meridian residents who want to continue living in Meridian or parents of Meridian residents who desire to live in close proximity to their children. 17. The testimony of the Applicant's representative, Melissa Leclerc, continued substantially as follows. There currently exists a single family development to the east and to the west of the property. The Applicant desires to be good neighbors. The property is a long narrow site of approximately 25 acres. The Applicant is requesting the rezone for only the front approximate eight acres of the property for the proposed use. The first phase of the project is the 60 unit building for assisted living. The building would be congregate which is similar to assisted living but close to independent living. The services offered to the residents would be primarily housekeeping and meals, although these residents may receive assistance with bathing, dressing and similar type of activities. There will be five buildings in the second phase which will be senior duplexes for more independent residents. There is also the alzheimer's unit for individuals who need such type of care. The 60 unit building will be a combination of one story and two stories, with the alzheimer's wing being one story. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. PRESTIGE CARE, INC. - Zoning Amendment 18. The testimony of the Applicant's representative, Steve Williams, continued substantially as follows. The Applicant's goal in the development of the project is to provide a continuum of care to the residents, which it bases upon past experience. Aa the needs of a resident change, the Applicant can provide the assistance to service their needs. Through the development of the eight acres, it can provide for the residents needs. The Applicant has developed similar projects which have been well received. The state of Oregon has held training sessions in the Applicant's assisted care facility in Portland, Oregon because of the kind of service it provides. The Applicant attempts to make the development a residential neighborhood, so they provide quality landscaping. The Applicant's project in Milwaukee, Oregon received an award as being the most attractive addition to the municipality. So the Applicant recognizes that it has a commitment to its neighbors to provide an attractive addition to the neighborhood. Because of the assisted living services which the Applicant provides, one family's mother was able to move into its facility allowing the family to take an over due vacation, and the services provided regenerated the mother. The Applicant has worked very hard to develop and provide services for communities who desire to assist their senior citizens and to be a neighbor which the communities desire. 19. Commissioner MacCoy commented that the City's requirements should fit very carefully with the Applicant's plans FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. PRESTIGE CARE, INC. - Zoning Amendment in terms of the Americans With Disabilities Act, to which the City and Applicant agree. 20. In response to questions of Commissioner MacCoy, the Applicant's representative, Melissa Leclerc, testified as follows. The Applicant has reviewed and responded to the comments of the City's staff and are comfortable with each of them. Because of comments from the City's staff concerning the issue of surrounding property owners' privacy, the building heigths have been reduced from three stories to two stories. The Applicant recognizes the impact that a second story could have on a neighbor. One of the things which the Applicant has done to address this issue is to twist the buildings so that the unite do not directly face into a neighbor's backyard. They also have a 20 feet setback at one of the corners and the 20 feet is the closest the building comes to adjacent property. The direction of the units are such that they do not directly face into a neighbor's backyard. The duplexes are one story, so there exists a buffer between the single story buildings on the west and the neighbors. The Applicant has worked out a conceptual agreement with the Nampa 6 Meridian Irrigation District to plant trees on a 20 feet portion of the District's 40 feet easement to buffer the neighbors to the west. 21. In response to the questions of Commissioner MacCoy, the Applicant's representative, Steve Williams, testified and added that the Applicant is very conscience of the impact on neighbors and in developing these types of projects in neighborhoods the Applicant attempts to plant the types of trees which will provide FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. PRESTIGE CARE, INC. - Zoning Amendment the buffer as quickly as possible. Additionally, the Applicant further designs the project in a man ner to minimize the number of units which are directly exposed to neighboring properties. 22. In further response to questions of Commissioner MacCoy, the Applicant's representative, Melissa Leclerc, testified as follows. The second story units do not have patios, so there would only be windows overlooking the neighbors. There is one elevator in the development which is centrally located. The kitchen is on the ground floor. There is a common dining area in which the residents eat. Each unit is equipped with a kitchenette, but the meals are included as part of the rent charged. 23. In response to questions of Commissioner MacCoy, the Applicant's representative, Steve Williams, testified and added that the residents are offered a restaurant style service in which they have a choice of two entrees for each meal. if a resident was unable to go to the central dining area to eat, accommodations are made to bring the meal to the resident. 24. Commissioner Oslund commented that another development, due to a high gable on the building, had been very intrusive. He would like and desires the Applicant to plant the trees and landscaping strategically to create privacy, and not plant the trees in a systematic pattern of every 20 feet. The neighboring property owners are the most impacted. 25. In response to the comments of Commissioner Oslund, the Applicant's representative, Melissa Leclerc, testified that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. PRESTIGE CARE, INC. - Zoning Amendment building and the windows of the building of which he spoke are parallel to the adjacent property. 26. The Applicant's representative, Steve Williams, testified and stated in response to Commissioner Oslund's comments that the Applicant has a landscape plan which is approved by the City, and it is very sensitive to such concerns. 27. In response to questions of Commissioner Borup, the Applicant's representative, Melissa Leclerc, testified that the 12 feet fire lane was added based upon the desires of the Meridian Fire Department, and that, with the addition of this fire lane, there is adequate fire access to the building. There are three fire accesses. The Applicant is willing to work with the fire department to extend fire lanes and to relocate them so the fire department is satisfied; they want to work with the fire department. 28. William Carrol testified about his concerns of access to the project and traffic. Mr. Carrol testified substantially as follows. His main concern is extending Morel if it is going to be the primary access to the project. He lives at the corner of Morel and Gemstone. Along Gemstone there are probably 30 young children that stand out on the sidewalk for the school bus and similar things. The increase in the traffic will increase the danger. 29. Jeffrey Vrba presented a letter from Lawrence Stinger and his wife setting forth their concerns, which letter is incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. PRESTIGE CARE, INC. - Zoning Amendment :~ 30. Jeffrey Vrba further testified about the concerns of the homeowners' association of the neighboring subdivision (Sunburst Subdivision). Mr. Vrba testified substantially as follows. The association's primary concern is the access to the property and the increase in the traffic through the subdivision. The subdivision has approximately 120 houses in the subdivision with two entrances. This leads to a minimum of 60 vehicles leaving and returning to the subdivision through each entrance each day. According to the Applicant's maps, there will be a subdivision to the north of the property which will create more traffic through the subdivision. According to the Applicant's maps, the streets of the subdivision will be the primary access to the property rather than directly off of Cherry Lane. Their main concern is to limit the access through Sunburst Subdivision. 31. Kenneth Tetrault testified about his concerns of access to the property and traffic through Sunburst Subdivision. Mr. Tetrault testified substantially as follows. He agrees with the other members of the subdivision regarding access to the area. He welcomes the idea of the Applicant; it is a good concept and Meridian does need such a facility. There is probably 50 small children in the subdivision. He thinks the streets of the subdivision were designed for local traffic, not another complete neighborhood. There are 170 units which means there are 170 more families for whom to provide access. He does not believe their subdivision is designed to handle the increased amount of traffic. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. PRESTIGE CARE, INC. - Zoning Amendment 32. In response to a question of Chairman Johnson, Mr. Tetrault testified that he was not aware of any contact or meetings between the Applicant and the homeowners or the association of Sunburst Subdivision. Jeffrey Vrba added, in response to Chairman Johnson's question, that there has not been a formal opportunity for the subdivision's homeowners' association board members to meet with the Applicant. 33. The Applicant's representative, Steve Williams, responded to the comments and concerns expressed during the public hearing. Mr. Williams stated substantially as follows. He has small children so he too shares the concerns about the traffic issues. He stated that the reason the Applicant chose the particular site is the access to the property from Cherry Lane is highly visible. The Applicant will locate signage at the property's access from Cherry Lane, and the Applicant will create a nice parkway to draw the attention of those looking from the Applicant's facility. The Applicant has found through traffic patterns and developments it has done that the high visibility from signage and the main entrance parkway to the facility will cause most, if not all, of the traffic related to the facility to access the property through the main entrance. The highway department is requiring the connection to Gemstone and surrounding neighborhoods. 34. In response to the question of Chairman Johnson as to whether the Applicant has met with the neighbors, the Applicant's representative, Melissa Leclerc, stated that the Applicant sent out a flyer to the residences in the adjacent neighborhoods and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. PRESTIGE CARE, INC. - Zoning Amendment neighborhood across Cherry Lane for a neighborhood meeting. Only seven people showed up at the meeting. The Applicant has made an effort and it would like to meet with the homeowners' association. 35. The Applicant's representative, Steve Williams, responded with additional comments concerning the traffic issues. Mr. Williams stated substantially as follows. In terms of traffic, the residents of the Applicant's facility will not be using cars. The facility is oriented toward senior citizens who are in need of health care, services and housing. The amount of traffic in their community is greatly less than the typical multi-family community. The Applicant's representative, Melissa Leclerc, stated that the Applicant anticipates Gemstone remaining the same until the development of the project's second phase. The connection to Gemstone is a requirement of Ada County Highway District. In the first phase the Applicant anticipates the access from Cherry Lane servicing the front building. By the time the second phase commences the main entrance will be well established and persons looking for the facility will use the access from Cherry Lane rather than the accesses through the subdivisions, unless they live in the surrounding subdivisions. 36. There were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. PRESTIGE CARE, INC. - Zoning Amendment including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 3. The City of Meridian has authority to place conditions upon granting a zoning amendment. 4. This Application for a zoning amendment has been judged upon the basis of guidelines contained in Section 11-2-416 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. Section 11-2-416 A. states in part as follows: When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classifications of property as well as the regulations and provisions of this Ordinance. 6. Section 11-2-416 (K) of the Zoning And Development Ordinance of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments. Upon a review of those requirements and a review of the facts presented and conditions of the area, it is specifically concluded as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. PRESTIGE CARE, INC. - Zoning Amendment (a) The (L-O) Limited Office District zoning would be harmonious with and in accordance with the Comprehensive Plan; (b) The area included in the proposed zoning amendment is intended to be developed in a fashion which would be allowed under the proposed new zoning; (c) The property, if designed and used as allowed in the (L- O) Limited Office District, would be designed and constructed to be harmonious with the surrounding area, which is developed in the fashion of the (R-4) Low Density Residential District; (d) The (L-O) Limited Office District use would not be hazardous to the existing or future uses of the surrounding neighborhood; (e) The (L-O) Limited Office District development would not create excessive additional requirements at public cost for public facilities and services, and would not be detrimental to the economic welfare of the community; (f) The proposed use would not involve uses, activities, processes, materials, equipment or conditions of operation which would be detrimental to any person, property or the general welfare of the area; however, the amount of traffic may increase rather than if it were under an (R-4) Low Density Residential District development; (g) The area will have a vehicular approach to the property which will be designed to decrease interference with traffic on surrounding public streets; (h) A rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance; and (i) The proposed zoning amendment is in the best interest of City of Meridian. 7. It is further concluded that the Applicant must meet and comply with the general and site specific comments, recommendations and requirements of Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. PRESTIGE CARE, INC. - Zoning Amendment Their general comments, recommendations and requirements included the following: (a) Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M., and 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; (b) Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7-517; (c) Wells may be used for non-domestic purposes such as landscape irrigation; (d) A determination of the seasonal high groundwater elevation needs to be made, and a profile of the subsurface soil conditions as prepared by a soil scientist submitted with the development plans; (e) A surety will be secured for any uncompleted improvements prior to the issuance of a temporary Certificate of Occupancy; (f) There must be coordination of fire access and hydrant location in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies; (g) Fire hydrant locations shall be depicted on development plans; (h) Handicap parking, associated signage and building construction shall meet the requirements of the Americans With Disabilities Act; (i) All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance; (j) Flashing signs will not be permitted; (k) All signs are subject to review and approval of the Planning and Zoning Department; (1) Sign permits shall be obtained prior to their construction; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. PRESTIGE CARE, INC. - Zoning Amendment i • (m) Screened trash enclosures shall be provided in accordance with the City's ordinance; (n) There shall be coordination of the dumpster site locations with the City's solid waste contractor; (o) Dumpsters shall be located so as not to impede fire access; (p) All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District; (q) Graveled driveways, parking areas and accesses shall be unacceptable; (r) A drainage plan designed by a state of Idaho licensed architect or engineer shall be required and shall b'e submitted to the City Engineer for all off-street parking areas; and (s) All site drainage shall be contained and disposed of on- site. Their site specific comments, recommendations and requirements included the following: (a) Filling of the site shall be completed, if needed, to meet the City's minimum design criteria; (b) The approval of the application is contingent upon the City's ability to accept additional sanitary sewage generated by the proposed development based upon the current evaluation of the treatment capacity of the Meridian Wastewater Treatment Plant; (c) The designer of the development shall coordinate main sizing and routing of sewer and water mains and lines with the Meridian Public Works Department; (d) If the Applicant desires the City to own and maintain the sewer mains, sanitary sewer easements shall be dedicated to the City; (e) Water service for this development shall be off an extension of the existing 8-inch diameter main stubbed into the subject parcel from Cherry Lane; (f) The Applicant shall be responsible to extend an 8-inch diameter main through the site and connect to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. PRESTIGE CARE, INC. - Zoning Amendment existing 8-inch diameter main stubbed to the site in W. Gemstone Drive; (g) The Applicant shall be responsible to extend the 8-inch diameter main north through the property to connect to the future residential area; (h) Water service to the property is contingent upon positive results from a hydraulic analysis by the City's computer model; (i) The water mains and fire hydrants shall be installedsby the Applicant, and, thereafter, dedicated to the City for ownership and maintenance including easements therefore; (j) Plans for the parking lot lighting shall be provided to the Meridian Public Works Department; (k) Illumination of the site shall be designed so as not to cause glare or adversely impact neighboring residential properties, as determined by the City; (1) All landscaping is to meet the requirements of Ordinance Section 11-2-414 D. 2.; (m) Underground sprinkling and a minimum of one three-inch caliper tree per 1,500 square feet of asphalt is required pursuant to City ordinance; (n) A detailed landscape plan shall be prepared and presented to the City for review during the building permit approval process; (o) A minimum of 35 feet landscape setback shall be required along Cherry Lane; (p) A pressurized irrigation system utilizing surface irrigation water shall be required within the development; (q) Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system in the development will be reviewed closely due to the size of the area to be watered; (r) A six foot high permanent perimeter fencing shall be installed prior to obtaining building permits unless this requirement is specifically waived in writing by the City; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. PRESTIGE CARE, INC. - Zoninq Amendment ~,, (s) As the project proposes two-story structures which would allow views of back yards of adjacent residential areas, special design considerations shall be incorporated to ensure privacy is achieved; (t) A sidewalk shall be provided between the 12 feet fire lane on the east side of the project to the meandering sidewalk shown to the south; (u) The Applicant shall offer the dedication of a five acre public park site at the northern end of the entire parcel, which could be included in the Sunnybrook Farms park; (v) Chateau Drive, a vital connector in this area, shall be constructed by the Applicant, which will complete the connection from Ten Mile Road to the City park on Eighth Street; and (w) The Applicant shall enter into a development agreement as a condition of the approval of the application. 8. It is further concluded that the Applicant must meet and comply with the comments, recommendations and requirements of the Meridian Police Department, the Meridian Fire Department, the Nampa & Meridian Irrigation District and the Central District Health Department. 9. Proper and adequate access to the property is available and will be maintained, with appropriate buffering to residential properties and traffic on Cherry Lane and surrounding residential areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. PRESTIGE CARE, INC. - Zoning Amendment APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER MACCOY ' C~M^"~5~'~~''ev 1~ II'iANN( CHAIRMAN JOHNSON (TIE BREAK) VOTED VOTED A'!% K1~ VOTED ~~/~~t~~~" ~ VOTES--a--- ~~' DSCISION AND The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for the zoning amendment requested under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement, and that the property only be developed under the conditional uae process; 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 application for the zoning amendment should be denied. MOTION: ~/I APPROVED: -~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. PRESTIGE CARE, INC. - Zoning Amendment r BEFORE THE MERIDIAN PLANNING AND ZONING PRESTIGE CARE, INC. CONDITIONAL USE PERMIT FOR AN ASSISTED LIVING FACILITY NORTH OF CHERRY LANE AND ONE QUARTER MILE EAST OF TEN MILE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on February 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representatives, Steve Williams and Melissa Leclerc, 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 of Law: FINDINGS OF FACT 1. A notice of a public hearing on the Conditional Uae Permit was published for two (2) consecutive weeks prior to said public hearing scheduled on February 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 11, 1997, 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. The property contains approximately 8.38 acres and is located within the City of Meridian. The property is described in the application which description is incorporated herein. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 1. PRESTIGE CARE, INC. - Conditional Use Permit Applicant is not the owner of record of the property. The record owner of the property is Joan D. Priest and she has consented application for the Conditional Use Permit. 3. The property is presently zoned (R-4) Low Density Residential District and the Applicant has requested a zoning amendment to (L-O) Limited Office District. 4. The proposed land use is to construct an assisted living facility which would consist of the following: a 44 unit assisted living facility with a 16 unit alzheimers wing, and 106 suite retirement residence with ten garden apartments. 5. Steve Williams, a representative of the Applicant, testified and explained that an assisted living facility is a residential alternative for senior citizens who are unable to reside alone. 6. Melissa Leclerc, a representative of the Applicant, testified and explained substantially as follows. The nature of an assisted living facility is between an independent senior living facility and a nursing home. The Applicant believes that the property is ideal for the proposed use because the property is in close proximity of a residential area and located off of Cherry Lane so it will have high visibility. The proposed use is great for residents who seek a certain level of activity and closeness to their families who live in the surrounding neighborhoods. 7. A nursing home is a permitted use by conditional use permit in the (L-O) Limited Office District, which is the use most like the proposed use which the Applicant seeks for the property, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. PRESTIGE CARE, INC. - Conditional Use Permit and, therefore, in the (L-O) Limited Office District a conditional use permit for the operation of a assisted living facility would be and is required. 8. That the (L-O) Limited Office District is described in the Zoning Ordinance, 11-2-408 B. 7 as follows: (L-01 LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 9. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as follows: "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 10. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted general comments which comments are incorporated herein as if set forth in full. Their general comments included 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; that any existing domestic wells and/or septic systems within this project FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. PRESTIGE CARE, INC. - Conditional Use Permit r • will have to be removed from their domestic service per City Ordinance Section 5-7-517; that wells may be used for non-domestic purposes such as landscape irrigation; that a determination of the seasonal high groundwater elevation needs to be made, and a profile of the subsurface soil conditions as prepared by a soil scientist submitted with the development plans; that a surety will be secured for any uncompleted improvements prior to the issuance of a temporary Certificate of Occupancy; that there must be coordination of fire access and hydrant location in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies; that fire hydrant locations shall be depicted on development plans; that handicap parking, associated signage and building construction shall meet the requirements of the Americans With Disabilities Act; that all signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance; that flashing signs will not be permitted; that all signs are subject to review and approval of the Planning and Zoning Department; that sign permits are to be obtained prior to their construction; that screened trash enclosures are to be provided in accordance with the City's ordinance; that there must be coordination of the dumpster site locations with the City's solid waste contractor; that dumpsters be located so as not to impede fire access; that all driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District; that graveled driveways, parking areas and accesses are unacceptable; that a drainage plan designed by a state of Idaho licensed architect or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. PRESTIGE CARE, INC. - Conditional Use Permit engineer is required and shall be submitted to the City Engineer for all off-street parking areas; and that all site drainage shall be contained and disposed of on-site. 11. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted site specific comments which comments are incorporated herein as if set forth in full. Their site specific comments included that sanitary sewer service for the proposed development is not going to be an easy task; that David Marks, P.E., with Tealey's Land Surveying has done some preliminary designs that indicate that the City of Meridian's minimum design criteria could be met with some filling of the site; that the treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated; that approval of the application needs to be contingent upon the City's ability to accept additional sanitary sewage generated by the proposed development; that the subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department; that sanitary sewer easements shall be dedicated to the City of Meridian, if it is the Applicant's desire for the City to own and maintain the sewer mains; that water service for this development shall be off an extension of the existing 8-inch diameter main stubbed into the subject parcel from Cherry Lane; that the developer shall be responsible to extend an 8-inch diameter main through the site and connect to the existing 8-inch diameter main stubbed to the site in W. Gemstone Drive; that the developer shall also be responsible to extend the 8-inch diameter main north to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. PRESTIGE CARE, INC. - Conditional Use Permit i connect to the future residential area; that water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model; that the subdivision designer is to coordinate sizing and routing with the Meridian Public Works Department; that the water mains and fire hydrants shall be installed by the developer and then dedicated to the City for ownership and maintenance; that the easements shall be dedicated to the City; that plans for the parking lot lighting shall be provided to the Meridian Public Works Department; that illumination of the site shall be designed so as not to cause glare or adversely impact neighboring residential properties, as determined by the City; that all landscaping is to meet the requirements of Ordinance Section 11-2-414 D. 2.; that underground sprinkling and a minimum of one three-inch caliper tree per 1,500 square feet of asphalt is required by City ordinance; that a detailed landscape plan will be reviewed during the building permit approval process; that a minimum of 35 feet landscape setback is required on Cherry Lane; that a pressurized irrigation system utilizing surface irrigation water shall be required within the development; that 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 a six foot high permanent perimeter fencing be installed prior to obtaining building permits unless this requirement is specifically waived in writing by the City; that the project proposes two-story structures which would allow FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. PRESTIGE CARE, INC. - Conditional Use Permit views of back yards of adjacent residential areas; that special design considerations need to be incorporated to ensure privacy is achieved; that a sidewalk should be provided between the 12 feet fire lane on the east side of the project to the meandering sidewalk shown to the south; that the Applicant is offering dedication of a five acre public park site at the northern end of the entire parcel; that this public park site could be included in the Sunnybrook Farms park to make a nice neighborhood park; that Chateau Drive, a vital connector in this area, will need to be constructed by the Applicant, which will complete the connection from Ten Mile Road to the City park on Eighth Street; and that a development agreement is required as a condition of rezoning. 12. The Applicant responded in writing, by letter dated February 11, 1997 from the Applicant's representative, Melissa Leclerc, to both the general comments and site specific comments of Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, which responses and comments are incorporated herein as if set forth in full. 13. The Meridian Police Department submitted comments on the subject application which comments are hereby incorporated herein as if set forth in full. 14. The Meridian Fire Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that it will need better access behind the two story 106 suite building; whether the 12 feet fire lane be paved; that this complex looks as if it could FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. PRESTIGE CARE, INC. - Conditional Use Permit have heavy vehicle traffic in and out of the development; that it does not like the number of islands in the turn-arounds; that two story buildings make moving injured or sick people to the ground level very hard on emergency personnel; that fire hydrants will need to be spotted throughout the complex; that no building construction shall be started until the water system is approved by the City; and that if there is insufficient water flow for fighting fires, the garden apartments will also have to be sprinkled for fire. 15. The Ada County Highway District submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District; that there is an irrigation ditch that borders the property on the south and the west; that District policy requires the relocation of the ditch out of the right-of-way for the extension of Gemston Drive; that the Commission has determined that the easement for the irrigation ditch may overlap the new right-of-way; that the Applicant will be required to coordinate the irrigation ditch with the District staff for approval; that a box culvert will be required to extend Gemstone Drive across the irrigation ditch, due to the irrigation ditch that borders the site to the west; the Staff supports the Applicant's proposed extension of Gemstone Drive from the existing stub street on the west side of the site to the north boundary; that the Commission is concerned about the east-west intra- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. PRESTIGE CARE, INC. - Conditional Use Permit neighborhood connectivity, which can be accomplished by connecting the western Gemstone Drive stub street to one of the existing stub streets to the east; that there exist two methods to provide the intra-neighborhood connectivity: (a) construct a public street to connect the two Gemstone Drive stub streets on the east and west sides of the site, or (b) construct a public street to connect the western Gemstone Drive stub to the unnamed stub street to the north, located at the site's eastern boundary; that the Applicant provide street names and stop signs at applicable locations and coordinate the signing plan and roadway design of intersections with District staff; that the Applicant should provide an easement to allow the public to use the sidewalks within the site; that the District requests the Applicant grant the District an easement for a 10 to 12 space Park 5 Ride area at the site; that restrictions on the width, number and locations of driveways may be placed on future development of the property; **that the Applicant dedicate 50 feet of right-of-way for the extension of Gemstone Drive along the west boundary of the site, from the existing Gemstone Drive to the northern boundary of the site; the Applicant construct the extension of Gemstone Drive, as the Applicant proposes, abutting the west property line and stubbed to the north, as a 37 feet street with curb, gutter and a 5 feet wide concrete sidewalk on the east side within the 50 feet right-of-way; that prior to occupancy of Phase II, the Applicant construct and dedicate 50 feet of right- of-way for a public street connection between the two Gemstone Drive stub streets on the site's east and west boundaries, or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. PRESTIGE CARE, INC. - Conditional Use Permit construct a public street connection from the western Gemstone Drive stub street to the unnamed stub street to the north, located on the site's eastern boundary; that any portion of the public road that abuts the site shall be improved to one-half of a 37 feet. street section with curb, gutter and 5 feet wide sidewalk plus 12 feet of paving; that any portion of the public road that is not adjacent to the developed site shall be constructed as a 24 feet (minimum) wide paved road within 50 feet of right of way; that the Applicant provide an easement to allow the public to use the sidewalks within the site; that the Applicant coordinate the location of the irrigation ditch with the new right-of-way for the extension of Gemstone Drive for approval by District staff; that the existing 37 feet wide curb return driveway on Cherry Lane, located approximately 145 feet east of the Applicant's property line, is approved with this application; that the Applicant construct curb, gutter and a 5 feet wide concrete sidewalk at the west end of the Gemstone Drive stub at the east of the property line and provide pedestrian access from the site to the stub; that the curb radius shall be a minimum of 18 feet; that the Applicant coordinate the design with District staff; that restrictions on the width, number and locations of driveways shall be placed on future development of the property; and that, other than the access point specifically approved with this application, direct lot or parcel access to Cherry Lane is prohibited. 16. The Ada Planning Association submitted comments on the subject application, which comments are hereby incorporated herein FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. PRESTIGE CARE, INC. - Conditional Use Permit as if set forth in full. Its comments included that the development provides a good internal pedestrian network as well as connecting into the adjacent residential street network; that the sidewalk on the east side of the Alzheimer Wing should connect into the fire lane to the north; that a pedestrian connection from the east parking lot to the retirement complex should be provided; and that bicycle parking be provided on-site for employees, visitors and residents. 17. The Central District Health Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that street runoff is not to create a mosquito breeding problem; that it recommends stormwater run-off flow to a grassy Swale prior to discharging to the subsurface; and that shallow groundwater can be six feet below grade. 18. The Nampa S Meridian Irrigation District submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that the Nampa & Meridian's Irrigation District's Rutledge Lateral courses along the south and west boundary of the property; that the right-of-way of the Rutledge Lateral is 40 feet, 25 feet to the right and 15 feet to the left of center facing downstream; that the Applicant must contact the proper representative of the District for approval before any encroachment or change of the right-of-way FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. PRESTIGE CARE, INC. - Conditional Use Permit occurs; that District requires a Land Uae 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; that if any surface drainage leaves the site, the District must review drainage plane; that the Applicant must comply with Idaho Code Section 31-3805; and that it is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. 19. The Settlers' Irrigation District submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that if constructed, the frontage of the proposed assisted living facility/ Alzheimer wing will cover the South Side the of the Settlers' canal; and that it will not allow any permanent structures or trees to be planted over the tile. 20. The Applicant's representative, Steve Williams, testified substantially as follows. Assisted living is a residential alternative for senior citizens who come to a point in their life when they need a more secure environment, health care and proper nutrition. Facilities to meet such needs of senior citizens are not available except through a home health alternative which is rather expensive. Assisted living is an alternative which is gaining acceptance in communities across the United States. Assisted living provides to the residents a home in the context of an apartment rented on a month to month basis and three meals per day. Through the assisted living facility, the Applicant provides FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. PRESTIGE CARE, INC. - Conditional Use Permit a secure environment and they meet all appropriate required fire and life safety codes. Assisted living is not a skilled nursing home where more acute health care services are provided, but the Applicant provides quite a bit of health care services. 21. The Applicant's representative, Melissa Leclerc, testified substantially as follows. The residents are generally those individuals who are unable or unwilling to live on their own but do not want to leave the neighborhoods in which they have lived. The residents of the facility will not necessarily come from out of town, they will be Meridian residents who want to continue living in Meridian or parents of Meridian residents who desire to live in close proximity to their children. 22. The testimony of the Applicant's representative, Melissa Leclerc, continued substantially as follows. There currently exists a single family development to the east and to the west of the property. The Applicant desires to be good neighbors. The property is a long narrow site of approximately 25 acres. The Applicant is requesting the rezone, and, correspondingly, the conditional use permit for only the front approximate eight acres of the property for the proposed use. The first phase of the project is the 60 unit building for assisted living. The building would be congregate which is similar to assisted living but close to independent living. The services offered to the residents would be primarily housekeeping and meals, although these residents may receive assistance with bathing, dressing and similar type of activities. There will be five buildings in the second phase which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. PRESTIGE CARE, INC. - Conditional Use Permit will be senior duplexes for more independent residents. There is also the alzheimer's unit for individuals who need such type of care. The 60 unit building will be a combination of one story and two stories, with the alzheimer's wing being one story. 23. The testimony of the Applicant's representative, Steve Williams, continued substantially as follows. The Applicant's goal in the development of the project is to provide a continuum of care to the residents, which it bases upon past experience. As the needs of a resident change, the Applicant can provide the assistance to service their needs. Through the development of the eight acres, it can provide for the residents needs. The Applicant has developed similar projects which have been well received. The state of Oregon has held training sessions in the Applicant's assisted care facility in Portland, Oregon because of the kind of service it provides. The Applicant attempts to make the development a residential neighborhood, so they provide quality landscaping. The Applicant's project in Milwaukee, Oregon received an award as being the most attractive addition to the municipality. So the Applicant recognizes that it has a commitment to its neighbors to provide an attractive addition to the neighborhood. Because of the assisted living services which the Applicant provides, one family's mother was able to move into its facility allowing the family to take an over due vacation, and the services provided regenerated the mother. The Applicant has worked very hard to develop and provide services for communities who desire to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. PRESTIGE CARE, INC. - Conditional Use Permit assist their senior citizens and to be a neighbor which the communities desire. 24. Commissioner MacCoy commented that the City's requirements should fit very carefully with the Applicant's plans in terms of the Americans With Disabilities Act, to which the City and Applicant agree. 25. In response to questions of Commissioner MacCoy, the Applicant's representative, Melissa Leclerc, testified as follows. The Applicant has reviewed and responded to the comments of the City's staff and are comfortable with each of them. Because of comments from the City's staff concerning the issue of surrounding property owners' privacy, the building heigths have been reduced from three stories to two stories. The Applicant recognizes the impact that a second story could have on a neighbor. One of the things which the Applicant has done to address this issue is to twist the buildings so that the units do not directly face into a neighbor's backyard. They also have a 20 feet setback at one of the corners and the 20 feet is the closest the building comes to adjacent property. The direction of the units are such that they do not directly face into a neighbor's backyard. The duplexes are one story, so there exists a buffer between the single story buildings on the west and the neighbors. The Applicant has worked out a conceptual agreement with the Nampa 6 Meridian Irrigation District to plant trees on a 20 feet portion of the District's 40 feet easement to buffer the neighbors to the west. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. PRESTIGE CARE, INC. - Conditional Use Permit r] 26. In response to the questions of Commissioner MacCoy, the Applicant's representative, Steve Williams, testified and added that the Applicant is very conscience of the impact on neighbors and in developing these types of projects in neighborhoods the Applicant attempts to plant the types of trees which will provide the buffer as quickly as possible. Additionally, the Applicant further designs the project in a manner to minimize the number of units which are directly exposed to neighboring properties. 27. In further response to questions of Commissioner MacCoy, the Applicant's representative, Melissa Leclerc, testified as follows. The second story units do not have patios, so there would only be windows overlooking the neighbors. There is one elevator in the development which is centrally located. The kitchen is on the ground floor. There is a common dining area in which the residents eat. Each unit is equipped with a kitchenette, but the meals are included as part of the rent charged. 28. In response to questions of Commissioner MacCoy, the Applicant's representative, Steve Williams, testified and added that the residents are offered a restaurant style service in which they have a choice of two entrees for each meal. If a resident was unable to go to the central dining area to eat, accommodations are made to bring the meal to the resident. 29. Commissioner Oslund commented that another development, due to a high gable on the building, had been very intrusive. He would like and desires the Applicant to strategically plant the trees and landscaping to create privacy and to avoid planting the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. PRESTIGE CARE, INC. - Conditional Use Permit trees in systematic pattern of every 20 feet. The neighboring property owners are the most impacted. 30. In response to the comments of Commissioner Oslund, the Applicant's representative, Melissa Leclerc, testified that the building and the windows of the building of which he spoke are parallel to the adjacent property. 31. The Applicant's representative, Steve Williams, testified and stated in response to Commissioner Oslund's comments that the Applicant has a landscape plan which is approved by the City, and it is very sensitive to such concerns. 32. in response to questions of Commissioner Borup, the Applicant's representative, Melissa Leclerc, testified that the 12 feet fire lane was added based upon the desires of the Meridian Fire Department, and that, with the addition of this fire lane, there is adequate fire access to the building. There are three fire accesses. The Applicant is willing to work with the fire department to extend fire lanes and to relocate them so the fire department is satisfied; they want to work with the fire department. 33. William Carrol testified about his concerns of access to the project and traffic. Mr. Carrol testified substantially as follows. His main concern is extending Morel if it is going to be the primary access to the project. He lives at the corner of Morel and Gemstone. Along Gemstone there are probably 30 young children that stand out on the sidewalk for the school bus and similar things. The increase in the traffic will increase the danger. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. PRESTIGE CARE, INC. - Conditional Use Permit 34. Jeffrey Vrba presented a letter from Lawrence Stinger and his wife setting forth their concerns, which letter is incorporated herein as if set forth in full. 35. Jeffrey Vrba further testified about the concerns of the homeowners' association of the neighboring subdivision (Sunburst Subdivision). Mr. Vrba testified substantially as follows. The association's primary concern is the access to the property and the increase in the traffic through the subdivision. The subdivision has approximately 120 houses in the subdivision with two entrances. This leads to a minimum of 60 vehicles leaving and returning to the subdivision through each entrance each day. According to the Applicant's maps, there will be a subdivision to the north of the property which will create more traffic through the subdivision. According to the Applicant's maps, the streets of the subdivision will be the primary access to the property rather than directly off of Cherry Lane. Their main concern is to limit the access through Sunburst Subdivision. 36. Kenneth Tetrault testified about his concerns of access to the property and traffic through Sunburst Subdivision. Mr. Tetrault testified substantially as follows. He agrees with the other members of the subdivision regarding access to the area. He welcomes the idea of the Applicant; it is a good concept and Meridian does need such a facility. There is probably 50 small children in the subdivision. He thinks the streets of the subdivision were designed for local traffic, not another complete neighborhood. There are 170 units which means there are 170 more FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. PRESTIGE CARE, INC. - Conditional Use Permit families for whom to provide access. He does not believe their subdivision is designed to handle the increased amount of traffic. 37. In response to a question of Chairman Johnson, Mr. Tetrault testified that he was not aware of any contact or meetings between the Applicant and the homeowners or the association of Sunburst Subdivision. Jeffrey Vrba added, in response to Chairman Johnson's question, that there has not been a formal opportunity for the subdivision's homeowners' association board members to meet with the Applicant. 38. Robert B. Morrison testified about hie concerns of the increase in traffic due to the Applicant's proposed development. Mr. Morrison testified substantially as follows. He shares the same concerns as the homeowners' association. Although the residents will not be driving cars, they will have guests, who do not live in the area, visiting them at the facility. The traffic in and out of Sunburst Subdivision is very much a concern to the residents of Sunburst Subdivision. He thinks Meridian needs a facility like the Applicant's proposed facility. Ae would like the traffic controlled to keep the traffic on the Applicant's property because it is a business rather than a regular residential development. He is appreciative that this type of facility is being proposed for Meridian rather than the one proposed in Eagle, Idaho. 39. The Applicant's representative, Steve Williams, responded to the comments and concerns expressed during the public hearing. Mr. Williams testified substantially as follows. He has small FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. PRESTIGE CARE, INC. - Conditional Use Permit s • children so he too shares the concerns about the traffic issues. He stated that the reason the Applicant chose the particular site is that the access to the property from Cherry Lane is highly visible. The Applicant will locate signage at the property's access from Cherry Lane, and the Applicant will create a nice parkway to draw the attention of those looking from the Applicant's facility. The Applicant has found through traffic patterns and developments it has done that the high visibility from signage and the main entrance parkway to the facility will cause most, if not all, of the traffic related to the facility to access the property through the main entrance. The highway department is requiring the connection to Gemstone and surrounding neighborhoods. 40. In response to the question of Chairman Johnson as to whether the Applicant has met with the neighbors, the Applicant's representative, Melissa Leclerc, stated that the Applicant sent out a flyer to the residences in the adjacent neighborhoods and the neighborhood across Cherry Lane for a neighborhood meeting. Only seven people showed up at the meeting. The Applicant has made an effort and it would like to meet with the homeowners' association. 41. The Applicant's representative, Steve Williams, responded with additional comments concerning the traffic issues. Mr. Williams stated substantially as follows. In terms of traffic, the residents of the Applicant's facility will not be using cars. The facility is oriented toward senior citizens who are in need of health care, services and housing. The amount of traffic in their community is greatly less than the typical multi-family community. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. PRESTIGE CARE, INC. - Conditional Use Permit The Applicant's representative, Melissa Leclerc, stated that the Applicant anticipates Gemstone remaining the same until the development of the project's second phase. The connection to Gemstone is a requirement of Ada County Highway District. In the first phase the Applicant anticipates the access from Cherry Lane servicing the front building. By the time the second phase commences the main entrance will be well established and persons looking for the facility will use the access from Cherry Lane rather than the accesses through the subdivisions, unless they live in the surrounding subdivisions. 42. There were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1. 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. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. PRESTIGE CARE, INC. - Conditional Use Permit Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. Section 11-2-418(C) of the Zoning And Development Ordinance 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. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. PRESTIGE CARE, INC. - Conditional Use Permit similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use would in fact constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; however, traffic may increase, but the development will have a vehicular approach to the property which will be designed to decrease interference with traffic on surrounding public streets; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The Applicant will cause the property to have a vehicular approach which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. PRESTIGE CARE, INC. - Conditional Use Permit ~J i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. Since conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional uae, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; c. The Applicant shall meet the comments, recommendations and requirements of the City Engineer's office and the Planning and Zoning Administrator, which include, but are not limited to the following: (1) Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M., and 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) Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7- 517; (3) Wells may be used for non-domestic purposes such as landscape irrigation; (4) A determination of the seasonal high groundwater elevation needs to be made, and. a profile of the subsurface soil conditions as prepared by a soil scientist submitted with the development plans; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24. PRESTIGE CARE, INC. - Conditional Use Permit (5) A surety will be secured for any uncompleted improvements prior to the issuance of a temporary Certificate of Occupancy; (6) There must be coordination of fire access and hydrant location in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies; (7) Fire hydrant locations shall be depicted on development plans; (8) Handicap parking, associated signage and building construction shall meet the requirements of the Americans With Disabilities Act; (9) All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance; (10) Flashing signs will not be permitted; (11) All signs are subject to review and approval of the Planning and Zoning Department; (12) Sign permits shall be obtained prior to their construction; (13) Screened trash enclosures shall be provided in accordance with the City's ordinance; (14) There shall be coordination of the dumpster site locations with the City's solid waste contractor; (15) Dumpsters shall be located so as not to impede fire access; (16) All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District; (17) Graveled driveways, parking areas and accesses shall be unacceptable; (18) A drainage plan designed by a state of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off-street parking areas; and (19) All site drainage shall be contained and disposed of on-site; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25. PRESTIGE CARE, INC. - Conditional Use Permit (20) Filling of the site shall be completed, if needed, to meet the City's minimum design criteria; (21) The approval of this application for the conditional use permit is contingent upon the City's ability to accept additional sanitary sewage generated by the proposed development based upon the current evaluation of the treatment capacity of the Meridian Wastewater Treatment Plant; (22) The designer of the development shall coordinate main sizing and routing of sewer and water mains and lines with the Meridian Public Works Department; (23) If the Applicant desires the City to own and maintain the sewer mains, sanitary sewer easements shall be dedicated to the City; (24) Water service for this development shall be off an extension of the existing 8-inch diameter main stubbed into the subject parcel from Cherry Lane; (25) The Applicant shall be responsible to extend an fl- inch diameter main through the site and connect to the existing B-inch diameter main stubbed to the site in W. Gemstone Drive; (26) The Applicant shall be responsible to extend the fl- inch diameter main north through the property to connect to the future residential area; (27) Water service to the property is contingent upon positive results from a hydraulic analysis by the City's computer model; (26) The water mains and fire hydrants shall be installed by the Applicant, and, thereafter, dedicated to the City for ownership and maintenance including easements therefore; (29) Plans for the parking lot lighting shall be provided to the Meridian Public Works Department; (30) Illumination of the site shall be designed so as not to cause glare or adversely impact neighboring residential properties, as determined by the City; (31) All landscaping is to meet the requirements of Ordinance Section 11-2-414 D. 2.; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26. PRESTIGE CARE, INC. - Conditional Use Permit (32) Underground sprinkling and a minimum of one three- inch caliper tree per 1,500 square feet of asphalt is required pursuant to City ordinance; (33) A detailed landscape plan shall be prepared and presented to the City for review during the building permit approval process; (34) A minimum of 35 feet landscape setback shall be required along Cherry Lane; (35) A pressurized irrigation system utilizing surface irrigation water shall be required within the development; (36) Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system in the development will be reviewed closely due to the size of the area to be watered; (37) A six foot high permanent perimeter fencing shall be installed prior to obtaining building permits unless this requirement is specifically waived in writing by the City; (38) As the project proposes two-story structures which would allow views of back yards of adjacent residential areas, special design considerations shall be incorporated to ensure privacy is achieved; (39) A sidewalk shall be provided between the 12 feet fire lane on the east side of the project to the meandering sidewalk shown to the south; (40) The Applicant shall offer the dedication of a five acre public park site at the northern end of the entire parcel, which could be included in the Sunnybrook Farms park; (41) Chateau Drive, a vital connector in this area, shall be constructed by the Applicant, which will complete the connection from Ten Mile Road to the City park on Eighth Street; and (42) The Applicant shall enter into a development agreement as a condition of the approval of the application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27. PRESTIGE CARE, INC. - Conditional Use Permit d. The Applicant must meet and comply with the comments, recommendations and requirements of the Meridian Police Department; e. The Applicant must meet and comply with the comments, recommendations and requirements of the Meridian Fire Department, which include, but are not limited to the following: (1) Better access shall be provide behind the two story 106 suite building; (2) The 12 feet fire lane shall be paved; (3) The Applicant shall design and reduce the number of islands in the turn-grounds to meet the approval of the Meridian Fire Department; (4) The two story buildings shall be designed to accommodate the moving of injured or sick people to the ground level easier for emergency personnel; (5) Fire hydrants will need to be spotted throughout the complex; (6) No building construction shall be commenced until the water system is approved by the City; and (7) If there is insufficient water flow for fighting fires, as determined by the Meridian Fire Department, the garden apartments will also have to be sprinkled for fire. f. The Applicant must meet and comply with the comments, recommendations and requirements of the Ada County Highway District, which include, but are not limited to the following: (1) Utility street cuts in new pavement leas than five years old are not allowed unless approved in writing by the District; (2) The Applicant dedicate 50 feet of right-of-way for the extension of Gemstone Drive along the west boundary of the site, from the existing Gemstone Drive to the northern boundary of the site; (3) The Applicant construct the extension of Gemstone Drive, as proposed by the Applicant, which abuts the west property line and stubbed to the north, as a 37 feet street with curb, gutter and a 5 feet FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28. PRESTIGE CARE, INC. - Conditional Use Permit wide concrete sidewalk on the east side within the 50 feet right-of-way; (4) Prior to occupancy of Phase II, the Applicant construct and dedicate 50 feet of right-of-way for a public street connection between the two Gemstone Drive stub streets on the site's east and west boundaries, or construct a public street connection from the western Gemstone Drive stub street to the unnamed stub street to the north, located on the site's eastern boundary; (5) Any portion of the public road that abuts the site shall be improved to one-half of a 37 feet street section with curb, gutter and 5 feet wide sidewalk plus 12 feet of paving; (6) Any portion of the public road that is not adjacent to the developed site shall be constructed as a minimum of 24 feet wide paved road within 50 feet of right of way; (7) The Applicant provide an easement to allow the public to use the sidewalks within the site; (6) The Applicant coordinate the location of the irrigation ditch with the new right-of-way for the extension of Gemstone Drive for approval by District staff; (9) The Ada County Highway District approves the existing 37 feet wide curb return driveway on Cherry Lane, located approximately 145 feet east of the Applicant's property line; (10) The Applicant construct curb, gutter and a 5 feet wide concrete sidewalk at the west end of the Gemstone Drive stub at the east of the property line and provide pedestrian access from the site to the stub. The curb radius shall be a minimum of 18 feet. The Applicant shall coordinate the design with District staff; (11) Restrictions on the width, number and locations of driveways is placed on future development of the property; and (12) Other than the access point specifically approved by Ada County Highway District, as provided hereinabove, direct lot or parcel access to Cherry Lane shall be prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29. PRESTIGE CARE, INC. - Conditional Use Permit g. The Applicant must meet and comply with the comments, recommendations and requirements of the Ada Planning Association and the Central District Health Department. h. The Applicant must meet and comply with the comments, recommendations and requirements of the Nampa & Meridian Irrigation District, which include, but are not limited to the following: (1) The Applicant must contact the proper representative of the District for approval before the occurrence of any encroachment or change of the right-of-way of Nampa & Meridian's Irrigation District's Rutledge Lateral; (2) The Applicant shall file a Land Use Change/Site Development application for review by the District prior to final platting; (3) The Applicant shall protect all laterals and waste ways; (4) All municipal surface drainage shall be retained on-site; (5) If any surface drainage leaves the site, the District must review drainage plans; (6) The Applicant shall comply with Idaho Code Section 31-3805; and (7) The District recommends that irrigation water be made available to all developments within Nampa 6 Meridian Irrigation District. i. The Applicant must meet and comply with the comments, recommendations and requirements of the Settlers' Irrigation District, which include, but are not limited to, that the District will not allow any permanent structures or trees to be planted over the South Side the of the Settlers' canal; j. Proper and adequate access to the property is available and shall be maintained, with appropriate buffering to residential properties and traffic on Cherry Lane and surrounding residential areas; and k. 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 Fire and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 30. PRESTIGE CARE, INC. - Conditional Use Permit Life Safety Codes, all parking and landscaping requirements. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSION3 OF LAW The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL -~ COMMISSIONER BORUP VOTED _ COMMISSIONER OSLUND VOTED ~ 3/(~ COMMISSIONER MACCOY VOTED V CHAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 31. PRESTIGE CARE, INC. - Conditional Use Permit DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: ~3,~t'9 APPROVED DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 32. PRESTIGE CARE, INC. - Conditional Use Permit *, BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MERIDIAN JOINT SCHOOL DISTRICT NO. 2 CONDITIONAL USE PERMIT FOR EXPANDED BLEACBER SEATING, ACCESSORY STRUCTURES AND TO MOVE TWO RELOCATABLE CLASSROOMS MERIDIAN HIGH SCHOOL, 1900 W. PINE AVE. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on February 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Wayne Thowless, 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 of Law: FINDINGS OF FACT 1. A notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to said public hearing scheduled on February 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 11, 1997, 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. This property is located within the City of Meridian at 1900 W. Pine Ave, Meridian, Ada County, Idaho. The legal FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit • description of the property is included in the application, and by this reference is incorporated herein. 3. The Applicant, Meridian School District No. 2, owns the property. The property is currently zoned (R-4) Low Density Residential District. 4. Pursuant to the application and the accompanying letter from the Applicant's representative, Wayne Thowless, the Applicant proposes to increase the current bleacher seating capacity at the outdoor football/track field from 380 to 3,416. At the proposed ratio of four bleacher seats per parking space, the on-site parking spaces of 855 spaces at the property, the Meridian High School, would permit a maximum seating capacity of 3,420. Typically, the bleacher seating would neither be used while classes are in session nor simultaneous with other on-campus sporting events. In addition to additional bleacher seating, the Applicant proposes the construction of a new two-story press box and concessions structure on the "home" side of the field, along with a smaller one-story concessions building on the "visitor" side of the field. The Applicant also proposes that two relocatable classrooms be moved, one of which would be repositioned. 5. The Assistant to the City Engineer, Bruce Freckleton, submitted comments which are incorporated herein as if set forth in full. The comments included the following that the plans submitted for the conditional use permit does not reveal how or where the restroom facilities will be provided. With the proposal to accommodate 3,420 people at a football game, including the addition FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit of concession stands that will be serving food and beverages, there needs to be an appropriate number of additional permanent restroom facilities, including provisions for the physically handicapped. The City's plumbing official contacted the state of Idaho regarding the criteria which should be expected for such a facility because the 1994 Uniform Plumbing Code does not specifically note an outside public gathering place such as a football stadium. The City's plumbing official was told that there is not a mandatory guideline to follow. It is left to the individual cities to determine the requirements of these types of facilities. 6. The Applicant's representative, Wayne Thowless, testified substantially as follows. The football/track field at Meridian High School currently has a bleacher capacity of approximately 380 seats. The Applicant has determined that it needs to rely less on Bronco Stadium for home football games and hold the majority of the Applicant's high schools' home football games within the district boundaries at the respective high schools. The proposal is to expand the current bleacher seating capacity to a total of 3,416 seats. The parking lot at Meridian High School has a capacity of 855 spaces. Based upon the ratio of one parking space per four bleacher seats, which is a well established ratio in jurisdictions around the country, a total seating of 3,420 seats would be allowed. 7. The testimony of the Applicant's representative, Wayne Thowless, continued substantially as follows. At Meridian High School, located approximately at the corner of Linder and Pine, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit existing football/track field are behind or to the north of the main building complex. The Applicant proposes that approximately two-thirds of the seating capacity be on the "home" side or south side of the field, with the remaining one-third, approximately, of the seating capacity be on the "visitor" or north side of the field. There exists a grass berm on the north side of the field which would be leveled to accommodate the new bleachers on that side of the field. The lights for the field lighting already have already been constructed by the Applicant. To accommodate the new bleacher seating on the south side of the field will require the relocation of two relocatable classroom buildings from the north side of the high school complex to just south of the parking lot north of Pine Street behind the existing pre-school building. Currently, there is no fencing of any type along the north boundary of the Applicant's property. The Applicant proposes, as part of the proposed project, to construct a six feet high chain link fence along the entire north property line of the property behind the "visitor" side of the field. Additional fencing would be ~c/oonstructed within the football/track field area to keep spectators °~ the track and football field, and also to segregate the visiting crowd from the home crowd. 8. In response to the staff comments, the testimony of the Applicant's representative, Wayne Thowless, continued substantially as follows. The Applicant and its representatives have reviewed the staff comments. The most significant comment of which was the questions concerning restroom facilities for the bleacher expansion FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit project. There are ample restroom facilities within the Meridian High School complex; however, the Applicant has found from experience that opening its facility for home football games or other major events which may be held at the football/track field is very problematic from both a security standpoint, and a maintenance and janitorial standpoint. Comparing a similar facility at Eagle High School, there exists at Eagle High School a permanent exterior restroom with four toilets in the men's room and four toilets in the women's restroom. The Applicant augmented these available permanent restroom facilities at Eagle High School with rental toilets. The exact number of rental toilets varied from game to game from five to seven rental toilets. This number seemed adequate for the crowds at the football games of Eagle High School, at least one of which was sold out with the bleachers filled to capacity. In the staff comments, mention is made of some toilet ratios out of the uniform plumbing code for assembly and gathering type facilities. A calculation was made by staff using those ratios. Based upon the calculations by staff, a total of 35 toilets, divided between male and female, would be required. The Applicant feels that, based upon its experience at Eagle High School, 35 toilets is excessive. The Applicant proposes a total number of toilets as are available at Eagle High School be provided for events held at the football/track field, and that not all of the toilets be permanent and handicapped accessible. The Applicant would like to meet the restroom facility requirements with rental toilets as opposed to a large permanent building structure that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit S would have the total number of toilet fixtures in it. The Applicant is willing to open one or more of its buildings with permanent and accessible restrooms in addition to the rental toilets provided; however, it feels the number of fixtures proposed by the staff is excessive. 9. Chairman Johnson commented that the staff is suggesting 21 water closets for females, and six water closets for males with 8 urinals, so combinations thereof would work. 10. In response to questions from Chairman Johnson, the Applicant's representative testified substantially as follows. There are restrooms which could be made available in the lower level of Meridian High School's gymnasium which is on the west side of the building complex, in the vo-ag building which is on the north side of the building complex and closest to the football/track field. If the restroom facilities in the gymnasium and vo-ag building were opened there would be more restrooms available than used at the football games at Eagle High School; however, there would not be as many as proposed by staff. The Applicant fully intends to provide rental toilets in addition so the walk is not a long to the permanent buildings, especially for the visiting crowd. Some people would find it difficult, if not impossible, to use the portable type of toilets, but for many of the people, the portable type of toilets would serve them fine. The Applicant understands that at least one permanent handicapped accessible facility will need to be made available, and it is willing to do so. Additional permanent restroom facilities to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit serve the football/track field are definitely in the long range thinking of the Applicant. 11. In response to questions from Chairman Johnson, the Applicant's representative testified substantially as follows. The bleachers would occasionally be used for track meets; football games and track meets are the two principle uses of the facility. On remote occasions, the facility may be used for some special event, but this would not be a typical occurrence. 12. The testimony of the Applicant's representative, Wayne Thowless, continued substantially as follows. The proposed press box and concession facility will not be constructed with the Applicant's funds, but will be constructed as a project of the Meridian High School boosters. There have been discussions of incorporating restroom facilities on the ground level of press box and concession facility. The number of restrooms would not be nearly the number of total fixtures as proposed by staff or even the total number of fixtures that Eagle High School is currently using. However, it would be a step in the right direction. Additional permanent restroom facilities might be constructed at some point in the future on the "visitor" side of the field; however, there are no concrete plans at the present time and the Applicant has given no direction on the matter. It is simply a discussion at this time. The design and specifics of the structure to be built by the boosters is still in the formative stage, so the schematic design presented is only to give a conceptual view of the general scope of what the facility will consist. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit 13. In response to questions from Commissioner Oslund, the Applicant's representative testified substantially as follows. The handicapped will have to use the restrooms in the main building of Meridian High School. The Applicant is proposing, at a minimum, compacted gravel or road mix pathway around the west end of the football/track field to the visitors bleachers. There exist no effective noise mitigation measures which the Applicant could afford. The only possible measure is to build a huge barrier or sound wall which would be cost prohibitive for the Applicant or to enclose entirely the facility which would also be cost prohibitive. The ratio used for parking is a fairly typical ratio used for high school gymnasiums and other assemblies; the auditoriums and similar facilities of that nature at secondary schools. It is the ratio which Boise City uses. Mr. Thowless did not check the ratio with the ITE parking generation manual. 14. In response to questions from Commissioner MacCoy, the Applicant's representative testified substantially as follows. The mixture of compacted sand and gravel for the pathway around the west end of the football/track field to the visitors bleachers creates a very hard surface that water can percolate through, so it does not become muddy or rutty like typical topsoil or turf would in wet conditions. Commissioner MacCoy commented that he is concerned about a person in a wheelchair trying to move on the pathway, and the movement being difficult if the surface is not compact. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit 15. The testimony of the Applicant's representative, Wayne Thowless, continued substantially as follows. Both the "home" and "visitor" side of the football/track field are bleacher sections, some of which are 10 row and some of which are 15 row. The 15 row tend to be located closest to the 50 yard line. On the "home" side of the football/track field behind the 15 row section of bleachers is a press box structure of masonry or concrete base approximately 20 feet above the grade. The proposed press box would be approximately 40 feet long by eight feet deep, and fully enclosed with glass windows. It would be used for announcing, score keeping and coaching purposes. There would be a small camera platform on the roof. The press box would be accessible from both the aisles of the bleachers as well as a stair to grade on the back side. A concession area would be within the masonry or concrete base. Workers in the concession area, depending upon the boosters' decision and it was developed with water and sanitary facilities, would actually do some preparation of snack items, such as roasting of hot dogs and preparation of popcorn. If the boosters decide that plumbing is cost prohibitive or undesirable for some other reason, the items dispensed from the concession area would be fully packaged items that do not require handling of the food by those working. The schematic showing the elevations, front, rear and side views of the structure and the bleacher seating coming off of it provide a very basic idea of the proposed structure. There may be variations of the proposed structure, but it should be very close to the schematic. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit 16. Jim Reed a representative of the Applicant testified substantially as follows. The bathroom facilities that would be used are in the gymnasium at the north end and the Agricultural building, and in the auto shop building. The "visitor" aide would be a little more convenient as far as accessibility. There would be three varsity home games. Meridian High School presently plays its sophomore and freshmen games, as well as track meets, at the football/track field. By far the largest crowds would be for the varsity football games, and Meridian High School would have three of them this year. There might be four. There would never be very many varsity football games. The varsity football games are played on Friday evenings from approximately 7:00 p.m. to 9:30 or 10:00 p.m. By 10:00 p.m., most activity is concluded. The following day would be for clean-up of the facility. 17. Jim Carberry a representative of the Applicant testified on behalf of the Joint School District No. 2 Board of Trustees substantially as follows. The Board is very excited to bring varsity football back to the City of Meridian. The Applicant has been very successful in the Eagle area with regard to playing varsity football at Eagle High School. The Applicant has been using Bronco Stadium, especially for Meridian High School, since the late 1970s. The use of Bronco Stadium has become more and more of a problem, not only for Meridian High School but Centennial High School as well. As the Treasure Valley grows, the traffic grows. It is a hair raising experience sometimes to drive from the Meridian area to Broadway Avenue and Bronco Stadium in Boise, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit Idaho. There are lots of parents who are very concerned about the drive into Bronco Stadium and they will not allow their children to go to the games. Other concerns include the large fee the Applicant pays to rent and lease Bronco Stadium and scheduling. The Applicant would like to get out of paying the fee. Currently, six high school football teams are scheduling their games at Bronco Stadium. After Boise opens its fourth high school, the number will increase to seven teams. The high schools are playing Thursday night football games at Bronco Stadium, which may go to Thursday night double headers if this application is not approved and the Applicant cannot construct the facilities. If there are double headers on Thursday nights, the first game would start at 6:15 p.m. and the second game would start at 9:00 p.m. This is on a school night, which the Applicant does not consider conducive to high school football. The Board of Trustees does not say that activity programs are the other half of education, but the Board believes it plays a vital role in the total education process. The students and the spectators are becoming disjointed with the football program. Although the football team has not met with great success of recent, which may play a role, but the drive to Bronco Stadium, the Thursday night games and the late double header also contribute to it. Schools have to be part of the students and students have to be part of the schools. Research has shown the Applicant for years that students are more successful if they take pride in their school and take part in their school. And for these various reasons, the Applicant desires to bring a facility to Meridian High FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit School so that the varsity football games can be played in the City of Meridian. This coming season three varsity football games would be played at Meridian High School. If there was a playoff game, there would be four. Each year the number of varsity games would vary according to the home schedule. Some years there may be as many as five. 18. Greg Meyet testified in favor of the application substantially as follows. The stands are filled at junior varsity and even sophomore games because of students and parents in attendance. If the home varsity football games were at Meridian High School rather than Bronco Stadium, more people would attend and pay for the concessions which would make fund raising for other school activities easier. With regard to those in wheelchairs attending the games, they could stay on the south side of the field if it is too difficult to use the pathway. For those in wheelchairs, an exception could be made to the rule prohibiting the use of the track to access restroom facilities and other areas. As a member of the debate team, the debate team raised $1,000.00 in one night working the concessions which has helped to travel to the debate competitions. In comparison to the basketball games inside the gym and the money raised from concessions, as the football games are outside more people could attend the games and a lot more money could be raised. 19. In response to a question of Chairman Johnson, Mr. Meyet testified that he did not know whether workers at the concessions stands at Bronco Stadium had to share the concession revenue with FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit the concession stand operator; however, if they eliminated the sharing of the concession revenue the workers would raise more money. Chairman Johnson indicated that the workers did have to share the revenue with the operator. 20. In response to questions from Commissioner MacCoy, Greg Meyet testified substantially as follows. He is not sure of what type of material the track at Meridian Aigh School is made. It would be better to construct a pathway for those in wheelchairs. Although he was uncertain and it depends upon the particular students, he believed that students would be willing to assist in the construction of a walkway or other facilities. 21. Alloys Schelekeway testified in opposition to the application substantially as follows. He is concerned with the four seats to one vehicle ratio for the parking; the ratio in his opinion is closer to three seats to one vehicle or two seats to one vehicle. His property borders the west boundary of the Applicant's property. Night time activities at the school tends to bring kids who can easily smoke, chew and drink off of the Applicant's property, where they will not get into as much trouble as if they were on school grounds. They tend to go to adjacent properties. The Applicant plans to construct a fence along the northern property line, but nothing on the west boundary. He has no buffer between the west boundary and his property. No buffer between the west boundary and his property will definitely change the value of his property because of the noise and activity. People are not FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit going to want the noise and activity in their backyard, so the lots along the west boundary are, not going to be worth as much. 22. In response to a question from Commissioner MacCoy, Mr. Schelekeway testified substantially as follows. Mr. Meyet does not foresee the football games at the football/track field being only four times per year. He sees not only freshmen, sophomore, and varsity games at the football/track field, but other schools using the facility for different activities. He can foresee it being used 10, 15 to 20 times per year, although that may be an exaggeration. 23. In response to a questions from Chairman Johnson, Mr. Schelekeway testified that the decrease in his property value is based upon his personal opinion as someone who is involved in the industry. 24. Jim Reed a representative of the Applicant further testified substantially as follows. There are no present plans to allow other schools to use the facility. Great pride will be taken in the care of the facility. The football teams do not practice on the football field; the teams practice on the west practice fields. The use of the facility by other schools would be contrary to the goal. Meridian High School will provide security at the football games through the presence of vice principals, student resource officer (police) from the school. There will be heightened security. The Applicant does not want to cause problems with the neighborhood. There are no guarantees as to where the kids will FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit go, but the security with the proposed fencing will help deter problems. 25. In response to questions from Chairman Johnson, Mr. Reed testified that the members of the football team and plenty of kids volunteer to accomplish that which needs to be done. 26. The Planning and Zoning Administrator has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 27. The Meridian City Police Department and Nampa fi Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 28. Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; that all codes will need to be met. 29. Central District Health Department submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate agencies are submitted, it can approve the proposal for central sewage and central water; and that it will require plans to be submitted for a plan review for any food establishment, beverage establishment and concessions. 30. The Ada County Highway District submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included, but are not limited to, the following. The Applicant dedicate 45 feet of right-of-way from the centerline of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit -~ • • Linder Road abutting the parcel (20 additional feet) by means of a recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit, or other required permits, whichever occurs first. The Applicant will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the Applicant desires to be paid for the additional right-of-way, the Applicant must submit a letter of application to the impact fee administrator prior to breaking ground in accordance with Section 15 of ACRD Ordinance #188. The Applicant construct a five feet wide detached sidewalk on Linder Road abutting the parcel, located one foot within the new right-of- way of Linder Road. The Applicant provide a $7,500.00 deposit to the Public Rights-of-Way Trust Fund for the cost of the roadway lighting at the Pine Avenue/Cinder Road intersection. Restrictions on the width, number and locations of driveways shall be placed on future development of the property. Other than the existing access points, direct lot or parcel access to Pine Avenue and Linder Road are prohibited. 31. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. 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. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit 418 of the Revised and Compiled Ordinances of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statutes and ordinances, and of actual conditions existing within the City and state of Idaho. 4. In the ZONING SCHEDULE OF USE CONTROL, Sections 11-2-409 B. Commercial, School - Public is listed as a permitted use in the (R-4) Low Density Residential District; 5. The (R-4) Low Density Residential District is described in the Zoning And Development Ordinance of the City of Meridian, 11-2-408 B. 3 as follows: (R-41 Low Density Residential District: Only single- family dwellings shall be permitted and no conditional uses shall be permitted and no conditional urea shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 6. Section 11-2-407 D 1. of the City of Meridian Zoninq and Development Ordinance provides: When a use is not specifically listed as a permitted use, such use shall be hereby expressly prohibited unless by application and authorization (as provided for under Conditional Use) it is determined that said use is similar to and compatible with listed permitted uses. Such uses may then be permitted as Conditional Uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit Therefore, in the (R-4) Low Density Residential District a conditional use permit is required for construction to increase bleacher seating capacity at a public school's outdoor football/track field, for the construction of a new two-story press box and concessions structure at a public school's outdoor football/track field, and for the relocation of two relocatable classrooms by a public school. 7. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 8. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 9. Section 11-2-418 D. provides 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - page 18. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit 10. 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. 11. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; c. The use is designed and is, apparently, to be constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic will increase, but due to the limited number of times of use during the year the use should not present a problem; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. MERIDIAN JOINT SCROOL DISTRICT NO. 2 - Conditional Use Permit e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 12. Because conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department, Meridian City Police Department and the Nampa & Meridian Irrigation District; c. The Applicant must meet and comply with the comments, recommendations and requirements of the Ada County Highway District, which include, but are not limited to the following: (1) The Applicant dedicate 45 feet of right-of-way from the centerline of Linder Road abutting the parcel (20 additional feet) by means of a recordation of a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit '-~ , final subdivision plat or execution of a warranty deed prior to issuance of a building permit, or other required permits, whichever occurs first; (i) The Applicant will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. (i) If the Applicant desires to be paid for the additional right-of-way, the Applicant must submit a letter of application to the impact fee administrator prior to breaking ground in accordance with Section 15 of ACRD Ordinance #188. (2) The Applicant construct a five feet wide detached sidewalk on Linder Road abutting the parcel, located one foot within the new right-of-way of Linder Road; (3) The Applicant provide a $7,500.00 deposit to the Public Rights-of-Way Trust Fund for the cost of the roadway lighting at the Pine Avenue/Cinder Road intersection; (4) Restrictions on the width, number and locations of driveways shall be placed on future development of the property; and (5) Other than the existing access points, direct lot or parcel access to Pine Avenue and Linder Road are prohibited. d. The Applicant shall meet the requirements of such other governmental agencies submitting comments; e. All ordinances of the City of Meridian must be met, l;~l~'~ including but not limited to, the Uniform Building Code, ~g~n~~ y~ Q~+-~wr5 Lifeor Safety C Codes nifall P p eking Coand tlandscaping ~~r~/I~(Y requirements. f. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; 13. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 21. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit s 14. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINd3 OF FACT AND CONCLUSION3 OF LAW The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED a COMMISSIONER OSLUND VOTED '7 ~ 311~~~~ COMMISSIONER MACCOY VOTED c. • Mit ~uN -N CHAIRMAN JOHNSON (TIE BREAKER) VOTED V FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of nao,-;a;,.. ~~_~ ._ Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: ~ <<, 41 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION B.W. INC. APPLICATION FOR ANNEXATION AND ZONING A PORTION OF THE EAST 1/2 SOUTH 1/2 NORTH 1/2 NORTHWEST 1/4 SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO EAST OF LOCUST GROVE, SOUTH OF PINE STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on for public hearing on February 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Dan Torfin, 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 of Law: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for February ll, 1997, the first publication of which was fifteen (15 ) days prior to said hearing; that the matter was duly considered at the February 11, 1997, 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. B.W. Inc. 2. The property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 5.00 acres in size. 3 The property is presently zoned by Ada County as RT, Rural Transitional, and is vacant land. The Applicant requests the property be zoned (TE), Technical District. The Applicant has requested the annexation and this zoning, and the application is not at the request of the City of Meridian. 4. The property is presently vacant. The proposed use of the property is as a Meridian Academy Alternate Middle School for Meridian Joint School District No. 2. 5. The property is east of Locust Grove, south of Pine Street and borders an existing industrial subdivision, Layne Industrial Park. 6. The Ada County Highway District has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 7. Bruce Freckleton, Assistant to the City Engineer, submitted comments which comments are incorporated herein as if set forth in full. His comments included that the legal description submitted with the subject application appears to meet all of the criteria required by Meridian City Resolution #158, and the Idaho State Tax Commission; that sanitary sewer service for the parcel could possibly be from an extension of the existing sanitary sewer FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. B.W. Inc. main located in North Locust Grove Road at the north boundary of Layne Industrial Park; that the depth of the existing main, approximately 5.5 feet deep, may limit the serviceability of this parcel to this main; that as an alternative, there is an existing 8 inch diameter main stubbed south in North Locust Grove Road from the existing 15 inch diameter trunk line located in Pine Street; that the depth of this stub is approximately 15.5 feet deep. The treatment capacity of the Meridian Wasterwater 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 any proposed development; that water service for this development shall be from an existing 10 inch diameter main located on North Locust Grove Road; and that water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model. 8. The Planning and Zoning Administrator has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 9. The Meridian Fire Department, Meridian City Police Department, and Nampa & Meridian Irrigation District submitted comments which respective comments are incorporated herein as if set forth in full. 10. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full. Its comments included that after written approval from appropriate FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. B.W. Inc. • • entities are submitted, it can approve this proposal for central sewage and central water. 11. The Applicant's representative testified that this application is for the annexation and zoning of the property, a five acre parcel, located on the north side of Layne Industrial Park on the east side of Locust Grove. The application is submitted to facilitate the development of the Meridian Joint School District's middle school academy. 12. There were no other comments by the public regarding this application. 13. The property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 14. The property 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 and in the Meridian Area of Impact. 15. The property can presently be physically serviced with City sewer and water. 16. The following pertinent statements are made in the Meridian Comprehensive Plan under SCHOOL FACILITIES, Quality Education Goal Statement. Enrollment Goal Statement Because the quality and use of educational facilities available to every group of citizens in the community significantly affects the quality of life in Meridian and the area's ability to attract quality development, and because quality education is an important economic factor in the area, the community FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. B.W. Inc. seeks to develop new school facilities and expand programs as needed to serve community enrollment growth. Enrollment Policies 2.1U Routinely educate and update the public on the need to finance new school facilities and programs in the Meridian School District and create new legislative funding programs. School Siting Goal Statement School and subdivision developments will be jointly planned and sited to ensure mutual benefits and neighborhood identity. Siting Policies 3.1 Schools should be planned with two concerns in mind: a. Schools should be protected from incompatible uses; and, (sic) b. Elementary and intermediate primary schools should be the focal point of community development. 3.2 School sites should be selected to avoid limiting physical features and other hazards detrimental to the safety of children and to the general operation of the school. 3.4 School sites should be large enough to accommodate possible future building expansion and recreation needs. 3.7 Widening and the general upgrading of streets should not be considered when it will have a negative impact upon schools. 3.8 Secondary schools (junior and senior high schools) should have direct access onto a collector or minor arterial thoroughfare. COMPREHENSIVE PLAN CITY OF MERIDIAN at pages 13 - 14. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. B.W. Inc. 17. In the Meridian Comprehensive Plan under TRANSPORTATION, Locust Grove, Franklin to Ustick is designated as a Minor Arterial. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 43. In the Meridian Comprehensive Plan under TRANSPORTATION, Pine, Ten Mile to Locust Grove is designated as a Collector. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 44. 18. The property is included within an area designated on the Generalized Land Use Map at page 4 of the COMPREHENSIVE PLAN CITY OF MERIDIAN as Mixed / Planned Use Development. 19. The requested zoning of (TE) Technical District is defined in the Zoning Ordinance at 11-2-408 B. 13. as follows: (TEl Technical Industrial: The purpose of the (TE) District is to permit and encourage the development of a technological park, including research and development centers, vocational and technical schools and compatible manufacturing, and wholesale business establishments which are clean, quiet and free of hazardous materials and that are operated entirely or almost entirely within enclosed structures; to delineate an area of adequate size to accommodate present and future compatible needs on lands which are relatively free of improvements, well suited for such use because of location, topography, access and utility service potential, and relationship to other land uses could render the district infeasible for its intended use. The District must have direct access on two or more transportation arterial or collectors, designed to convey large volumes of traffic through non- residential areas to major highways and thoroughfares. It must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian for domestic requirements. The district is further designed to act as a buffer between industrial and highway uses and other less intensive business and residential uses, and to provide an environmentally pleasing, safe and aesthetically pleasing employment center for the community and region. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. B.W. inc. ~ • 20. 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 OF LAN 1. 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. The City of Meridian has authority to annex land pursuant to Idaho Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. 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. The Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. B.W. Inc. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P2d. 1075 (1983). 9. 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; Section 11-9-605 M., which pertains to the tiling of ditches and waterways; and 11-9-606 14., which requires pressurized irrigation. 10. Any uses of the property would have to comply with the Zoning Ordinance. 11. 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 called for or 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 Development Ordinance of the City of Meridian. 12. The property could be annexed and zoned (TE) Technical District, but once the property was zoned (TE) Technical District, the Applicant could place different uses on the property without additional approval from the City other than building permits, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. B.W. Inc. which limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. It is, therefore, concluded, as a condition of annexation and zoning, that any uae or development of the property shall only be allowed under the conditional use process. 13. It is concluded that the property should be annexed and zoned (TE) Technical District, but only capable of being developed under the conditional use permit process. 14. The Applicant stated that the annexation and zoning is to facilitate the development, by the Meridian Joint School District No. 2, of a middle school academy. In the event that the property is not used as a middle school academy, such other development of or proposed uses of the property shall be under the conditional use permit process. 15. Section 11-2-417 D of the Meridian Zoning And Development Ordinance provides 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. It is concluded, however, that it is more appropriate for a development agreement to be entered into when plans for development of the property are determined and confirmed, and, therefore, as a condition of annexation a development agreement must be entered FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. B.W. Inc. into prior to development of the property or issuance of final plat approval. 16. It is concluded that as a condition of annexation and the zoning of (TE) Technical District, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D. The development agreement shall address, among other things, the following: a. Inclusion into the development the requirements of 11-9-605; b. Payment by the Applicant, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee adopted by the City; c. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee or fees for park, police, and fire services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; g. Submission and approval of individual building, drainage, lighting, parking, and other development plans of the property; h. Harmonizing and integrating the site improvements with the surrounding residential development and other development; i. Establishing the 35 foot landscaped setback mentioned in the Comprehensive Plan and landscaping the same; j. Addressing the comments of the Assistant to the City Engineer and the Planning and Zoning Administrator; k. The sewer and water requirements; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. B.W. Inc. • C~ 1. Traffic plans and access into and out of any development; and m. Any other items deemed necessary by the City Staff, including design review of all development and conditional use processing. 17. It is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, and it is concluded that the annexation shall be conditioned on meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de-annexed. 18. The requirements of the Meridian City Engineer, Ada County Highway District, Meridian Planning Administrator, Central District Health Department, the Nampa & Meridian Irrigation District and other governmental agencies shall be met and addressed in a development agreement. 19. 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. 20. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 21. The Applicant shall be required to connect the property to Meridian water and sewer. 22. The development of the property shall be subject to and controlled by the Zoning and Development Ordinance and the development agreement, and it shall only be developed under the conditional use process. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. B.W. Inc. • • 23. These conditions shall run with the land and bind the Applicant and their successors in interest, assigns, heirs, executors or personal representatives. 24. With compliance of the conditions contained herein, the annexation and zoning of the property as (TE) Technical District would be in the best interest of the City of Meridian. 25. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER MACCOY cam' C~hU^ • N^~NN ` 7 CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED ~~ VOTED A VOTED 3~--q ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. B.W. Inc. DECISION AND REC0141ENDATION 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 the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement, and that the property only be developed under the conditional use process; that if the Applicants are not agreeable with these Findings of Fact and Conclusions of Law and are not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED:) DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. B.W. Inc. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MERIDIAN JOINT SCHOOL DISTRICT NO. 2 CONDITIONAL USE PERMIT FOR A MIDDLE SCHOOL ACADEMY A PORTION OF THE EAST 1/2 SOUTH 1/2 NORTH 1/2 NORTHWEST 1/4 SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO EAST OF LOCUST GROVE, SOUTH OF PINE STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on February 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Wayne Thowless, 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 of Law: FINDINOS OF FACT 1. A notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to said public hearing scheduled on February 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 11, 1997, 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. The property included in the application for the conditional use permit is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit '~ reference is incorporated herein as if set forth in full. The property is approximately 5.00 acres in size. 3. The Applicant is not the owner of record of the property. The record owner of the property is B.W. Inc. and it has consented to the application for the Conditional Use Permit. 4. The property is presently zoned by Ada County as RT, Rural Transitional, and is vacant land. The owner of the property, B.W. Inc., has submitted an application for annexation and zoning requesting the property be annexed into the City of Meridian and zoned (TE), Technical District. 5. Pursuant to the application and the accompanying letter from the Applicant's representative, Jim Carberry, the Applicant proposes the construction of a Middle School Academy, an alternative middle school, which is similar in concept to the Meridian Academy (high school). The proposed development will consist of a new parking lot and existing relocatable classroom building. The relocatable classroom building will be replaced in the future with permanent structures. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 6. The Applicant's representative, Wayne Thowless, testified substantially as follows. The Applicant proposes the construction of a middle alternative school or academy on the property. The initial development will include a paved parking lot, and a complex of seven relocatable classroom buildings. These buildings will be brought onto the property and on footings, which is similar to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit initial construction of Meridian High School Academy at the end of Lanark Street. A future phase of the development of the property will be the construction of a permanent multi-use and classroom building. The very long range plan of the Applicant is to remove eventually all relocatable classroom buildings and replace them with permanent facilities. However, in the immediate future, the relocatable classroom buildings will remain at the property and one multi-use building will be constructed. Also, prior to the construction of the permanent building, two additional relocatable classrooms may be necessary. An athletic area and playing field will be behind the complex. 7. in response to questions of Commissioner MacCoy, the Applicant's representative, Wayne Thowless, testified that the Applicant has reviewed the staff's comments and it believes that it can comply with all of the stated conditions. However, there are several items which may involve some discussion between the Applicant and the City's staff none of which he believes are insurmountable. 8. In response to questions of Commissioner Borup, the Applicant's representative, Wayne Thowless, testified that the Applicant can easily incorporate bike parking in the plans for the development of the property. The students who will attend this particular facility will come from throughout the school district. There are few residential areas within an easy bicycling distance of the property. He does not know how much the bike racks would be used, but bike racks are not a costly item so some could be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit provided. He believes most of the students attending the facility will arrive by means of either parents or bussing. 9. In response to further questions of Commissioner MacCoy, the Applicant's representative, Wayne Thowless, testified that there will be pole mounted parking lot lights approximately 20 feet in height. There will be building mounted lighting for security purposes. If the central quad area within the relocatable classroom buildings. is determined by an electrical engineer to be too large to adequately light and provide security by means of building mounted lights, there may also be a pole mounted fixture in that area. The pole lighting would definitely be cut-off luminaries which would direct the light downward. Based upon the indication of the Applicant's representative, Jim Carberry, there would be some evening functions held at the facility as at other school facilities; however, the primary use is during the day. With regard to the permanent structure, it would in all likelihood, as envisioned at the present time, be a building very similar to the building constructed at Meridian High Academy at the end of Lanark Street. The building is a masonry structure with a metal roof. The building looks as if it could be a two-story structure because it has a large multi-use room with a high ceiling in which basketball may be played; however, there is not a second floor. 10. In response to questions of Commissioner Oslund, the Applicant's representative, Wayne Thowless, testified that initially the future permanent structure will augment the relocatable classroom buildings. There may be a need for two FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit f ! additional relocatable classroom buildings at the property. The permanent structure may be able to replace some of the relocatable buildings, but it would not replace all of them. An additional one or two permanent structures would be needed at the property to replace all of the relocatable classroom buildings. In the very long range plan, permanent buildings will replace the relocatable classroom buildings. be 11. Commissioner Oslund commented that it may'~appropriate to consider a requirement on the conditional use for a time period in which relocatable classroom buildings can be used forever to enable the City to review the decision at some date in the future. 12. In response to further questions of Commissioner MacCoy, the Applicant's representative, Wayne Thowless, testified that, with regard to a time frame for the construction of permanent buildings at the property, within the last year plans have been implemented to construct the permanent building at the Applicant's newly developed alternative school in Eagle. He thought that the Applicant's represenative, Jim Carberry, could better address the long range plans for replacement of the relocatable classroom buildings with permanent buildings. 13. Chairman Johnson commented, with respect to the use of relocatable classroom buildings, that such types of buildings have become of way of life for the Applicant due to the growth in the area, bond issues lagging behind, and the corresponding inability to keep up with construction of facilities. Not until some better method of funding school buildings is passed or provided by the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit legislature, relocatable classroom structures will probably be the way of life in the school district for a long time. 14. In response, Commissioner Oslund stated that he did not want his comment about a time period for the use of relocatable classroom buildings to be misconstrued. He was simply trying to create options for the City for re-evaluating the conditions in the future. 15. The Applicant's representative, Jim Carberry, testified substantially as follows. No official name for this particular school or campus has been chosen; that will come at a later time. The Applicant is presently calling it the Meridian Middle School Academy. The Applicant presently holds the middle school alternative program at Meridian Middle School, which will move from Meridian Middle School to the property. Researchers and educational experts advise that alternative school programs function better at a separate location and out of the traditional school setting. It is the Applicant's desire to move the middle school alternative program. Only the School Board, for whom he cannot really speak, makes the decisions concerning the time table for the construction of permanent structures. The School Board also desires that the students move, as quickly as possible, into permanent settings. As the Applicant's representative, Mr. Thowless, indicated, the Applicant is currently preparing to construct this summer a permanent multi-classroom facility at Eagle Academy, and that facility has been open for only one year. So he can go as far as to say that the construction of permanent FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit facilities will occur in the very near future. In terms of the long range plans, the Applicant can foresee two additional classroom facilities to end the use of relocatable classroom facilities at the property. Relocatable classroom buildings are a way of life in the Applicant's district. It would like to construct permanent facilities at the property, so the relocatable classroom buildings could be moved to other sites throughout the district. He does not think the Applicant will ever get out of the use of relocatable classroom buildings, and neither will the Boise school district. 16. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein as if set forth in full. Their comments included the following. Sanitary sewer service for the property could possibly be from an extension of the existing sanitary sewer main located in North Locust Grove Road at the north boundary of Layne Industrial Park. The depth of this existing main, approximately 5.5 feet deep, may limit the serviceability of the property to this main. As an alternative, there is an existing 8 inch diameter main stubbed south in North Locust Grove Road from the existing 15 inch diameter trunk line located in Pine Street. The depth of this stub is approximately 15.5 feet deep. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon the City's ability to accept the additional sanitary sewage generated by any proposed development. Water FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit Service for this development shall be from an existing 10 inch diameter main located on North Locust Grove Road. Water service to this development is contingent upon positive results from a hydraulic analysis of the City's computer model. Any existing irrigation/drainage ditches within 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. Downstream water users have indicated they have a problem getting their water because of weeds and construction dirt from Layne Industrial Park being in the ditch. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. A surety will be secured for any uncompleted improvements prior to the issuance of a temporary Certificate of Occupancy. Coordination of the fire access and hydrant locations must be done in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on development plans. Handicap parking, associated signage and building construction shall meet the requirements of the Americans With Disabilities Act. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. All signs are subject to review and approval of the Planning & Zoning Department. No sign shall be erected unless FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit a sign permit has been issued. Screened trash enclosures are to be provided in accordance with City Ordinance. Coordination of dumpster site locations must be done with the City's solid waste contractor. Dumpsters must be located so as not to impede fire access. All driveways and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and accesses are unacceptable. 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. Parking lot lighting plans shall be provided to the Meridian Public Works Department. Illumination of the site shall be designed so as not to cause glare or adversely impact neighboring properties as determined by the City of Meridian. All landscaping is to meet the requirements of Ordinance Section 11-2-414 D 2. Underground sprinkling and a minimum of one three inch caliper tree per 1,500 square feet of asphalt is required by City Ordinance. Detailed landscape plans will be reviewed during the building permit approval process. A minimum of 20 feet landscape setback should be required on Locust Grove. A non-combustible, six feet high permanent perimeter fencing shall be installed prior to obtaining building permits unless this requirement is specifically waived in writing by the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit 17. The Meridian Police Department submitted comments on the subject application which comments are hereby incorporated herein as if set forth in full. 18. The Meridian Fire Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that all codes will need to be met; that fire hydrants will need to be installed; and that it will need access to the back buildings. 19. The Ada County Highway District submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that 35 feet of right-of-way from the existing centerline of Locust Grove Road abutting the property (an additional four feet) be dedicated by means of recordation of a final subdivision plat or execution of a warranty deed prior to the issuance of a building permit or other required permits, whichever occurs first; that the owner will not be compensated for the additional right-of-way; that approximately 330 feet of curb and gutter, 5 feet wide concrete sidewalk and pavement widening to a 41 feet street section on Locust Grove Road (approximately 19 feet of additional pavement) abutting the property be constructed prior to the District's approval of the final plat, or issuance of a building permit or other required permits, whichever occurs first; the street improvements of Locust Grove Road be aligned with the existing improvements to the south; that the irrigation ditch be relocated out of the new right-of-way of Locust Grove Road; that utility street cute in new pavement leas FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit than five years old are not allowed unless approved in writing by the District; that two 24 to 30 feet wide curb cut driveways be constructed on Locust Grove Road, located as proposed, one being approximately 10 feet north of the south property line and the other being approximately 10 feet south of the north property line; that the driveways be paved a minimum of 30 feet back of the existing edge of pavement of Locust Grove Road; that, as required by District policy, restrictions on the width, number and locations of driveways shall be placed on future development of the property; and that other than the access points specifically approved with the application, direct lot or parcel access to Locust Grove Road is restricted. 20. The Ada Planning Association submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included, but are not limited to the following: that sidewalks be constructed on Locust Grove Road fronting the development; that a sidewalk system be developed from the Locust Grove sidewalk to the school buildings; that bicycle parking be provided on-site in a well-lit and visible area for safety; and that four bicycle parking spaces be provided per classroom. 21. Central District Health Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central. water; that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. MERIDIAN JOINT SCHOOL DISTRICT N0. 2 - Conditional Use Permit plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality for central sewage and central water; that street runoff is not to create a mosquito breeding problem; that it will require plans be submitted for a plan review for any food establishment and beverage establishment; and that it recommends stormwater run-off flow to a grassy swale prior to discharging to the subsurface. 22. The Nampa & Meridian Irrigation District submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included 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; that if any surface drainage leaves the site, the District must review drainage plans; that the Applicant must comply with Idaho Code Section 31-3805; and that it is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. 23. There were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (DJ authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commiasion and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit record submitted to it and the things of which it may take judicial notice. 7. Section 11-2-418(C) of the Zoning And Development Ordinance 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. Upon a review of those requirements and a review of the facts presented and the conditions of the area, 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. Pursuant to the conditions for the annexation of the property a conditional use permit would be required; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; c. The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; however, traffic may increase, but the development will have a vehicular approaches to the property which shall be designed to decrease interference with traffic on surrounding public streets; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit n ~~ g. If the conditions involve a use, activity, conditions of operation person, property or the excessive production of glare or odors; are met, the use should not process, material, equipment or that would be detrimental to general welfare by reason of traffic, noise, smoke, fumes, h. The Applicant will cause the property to have vehicular approaches which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. Since conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; c. The Applicant shall meet the comments, recommendations and requirements of the City Engineer's office and the Planning and Zoning Administrator, which include, but are not limited to the following: (1) Sanitary sewer service for the property could possible be provided from an extension of the existing sanitary sewer main located in North Locust Grove Road at the north boundary of Layne Industrial Park; however, the depth of this existing main may limit the serviceability of the property to this main. Alternatively, sanitary sewer service for the property could be provided from the existing 8 inch diameter main stubbed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. MERIDIAN JOINT SCHOOL DISTRICT N0. 2 - Conditional Use Permit south in North Locust Grove Road from the existing 15 inch diameter trunk line located in Pine Street; (2) The approval of this application for the conditional use permit is contingent upon the City's ability to accept additional sanitary sewage generated by the proposed development based upon the current evaluation of the treatment capacity of the Meridian Wastewater Treatment Plant; (3) Water Service for this development shall be from an existing 10 inch diameter main located on North Locust Grove Road; (4) Water service to the property is contingent upon positive results from a hydraulic analysis by the City's computer model; (5) Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M., and 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; (6) Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7- 517; (7) Wells may be used for non-domestic purposes such as landscape irrigation; (8) A surety shall be secured for any uncompleted improvements prior to the issuance of a temporary Certificate of Occupancy; (9) There must be coordination of fire access and hydrant location in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies; (10) Fire hydrant locations shall be depicted on development plans; (11) Handicap parking, associated signage and building construction shall meet the requirements of the Americans With Disabilities Act; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit (12) All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance; (13) All signs are subject to review and approval of the Planning and Zoning Department; (14) No sign shall be erected unless a sign permit has been issued; (15) Screened trash enclosures shall be provided in accordance with the City's ordinance; (16) There shall be coordination of the dumpster site locations with the City's solid waste contractor; (17) Dumpsters shall be located so as not to impede fire access; (18) All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District; (19) Graveled driveways, parking areas and accesses shall be unacceptable; (20) A drainage plan designed by a state of Idaho licensed architect or engineer shall be required and shall be submitted to the City Engineer for all off-street parking areas; (21) All site drainage shall be contained and disposed of on-site; (22) Plans for the parking lot lighting shall be provided to the Meridian Public Works Department; (23) Illumination of the site shall be designed so as not to cause glare or adversely impact neighboring residential properties, as determined by the City; (24) All landscaping is to meet the requirements of Ordinance Section 11-2-414 D. 2.; (25) Underground sprinkling and a minimum of one three- inch caliper tree per 1,500 square feet of asphalt is required pursuant to City ordinance; (26) A detailed landscape plan shall be prepared and presented to the City for review during the building permit approval process; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit (27) A minimum of 35 feet landscape setback shall be required along Locust Grove Road; and (28) A six foot high, non-combustible, permanent perimeter fencing shall be installed prior to obtaining building permits unless this requirement is specifically waived in writing by the City. d. The Applicant must meet and comply with the comments, recommendations and requirements of the Meridian Police Department; e. The Applicant must meet and comply with the comments, recommendations and requirements of the Meridian Fire Department, which include, but are not limited to the following: (1) All ~t codes shall be met; (2) Fire hydrants shall be installed; and (3) Access to the back buildings shall be provided. f. The Applicant must meet and comply with the comments, recommendations and requirements of the Ada County Highway District, which include, but are not limited to the following: (1) The Applicant dedicate 35 feet of right-of-way from the existing centerline of Locust Grove Road abutting the property, an additional four feet, by means of recordation of a final subdivision plat or execution of a warranty deed prior to the issuance of a building permit or other required permits, whichever occurs first; (2) The Applicant construct approximately 330 feet of curb and gutter, 5 feet wide concrete sidewalk and pavement widening to a 41 feet street section on Locust Grove Road, approximately 19 feet of additional pavement, abutting the property prior to the District's approval of the final plat, or issuance of a building permit or other required permits, whichever occurs first; (3) The Applicant align or cause to be aligned the street improvements of Locust Grove Road with the existing improvements to the south; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit (4) The Applicant relocate or cause to be relocated the irrigation ditch out of the new right-of-way of Locust Grove Road; (5) Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District; (6) The Applicant construct two 24 to 30 feet wide curb cut driveways on Locust Grove Road, located as proposed, one being approximately 10 feet north of the south property line and the other being approximately 10 feet south of the north property line; (7) The Applicant pave the driveways a minimum of 30 feet back of the existing edge of pavement of Locust Grove Road; (8) Restrictions on the width, number and locations of driveways is placed on future development of the property; and (9) Other than the access point(s) specifically approved by Ada County Highway District, direct lot or parcel access to Locust Grove Road shall be restricted. g. The Applicant must meet and comply with the comments, recommendations and requirements of the Ada Planning Association and the Central District Health Department. h. The Applicant must meet and comply with the comments, recommendations and requirements of the Nampa & Meridian Irrigation District, which include, but are not limited to the following: (1) The Applicant shall file a Land Use Change/Site Development application for review by the District prior to final platting; (2) The Applicant shall protect all laterals and waste ways; (3) All municipal surface drainage shall be retained on-site; (4) If any surface drainage leaves the site, the District must review drainage plans; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit (5) The Applicant shall comply with Idaho Code Section 31-3805; and (6) The District recommends that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. i. 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 Fire and Life Safety Codes, all parking and landscaping requirements. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINOS OF FACT AND OF LAW The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL BORUP VOTED OSLUND VOTED ~ ~ ~ COMMISSIONER MACCOY VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED 3 ,1,47 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit DECISION AND The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTId DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. MERIDIAN JOINT SCHOOL DISTRICT NO. 2 - Conditional Use Permit s_rr-9~ • i BEFORE THE MERIDIAN PLANNING AND ZONING JAMES KELLER AND REID OLSEN CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE BUILDING TROUTNER BUSINESS PARK WEST OF MERIDIAN ON SOUTH SIDE OF FRANKLIN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on February 11, 1997, at the hour of 7:00 o'clock p.m., the Applicants appearing through their representative, Ronald Thurber, 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 of Law: FINDINGS OF FACT 1. A notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to said public hearing scheduled on February 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 11, 1997, 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. The property included in the application for the conditional use permit is described in the application, and by this reference is incorporated herein as if set forth in full. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. JAMES KELLER AND REID OLSEN - Conditional Use Permit property is located in the Troutner Business Park just west of Meridian on the south edge of Franklin Road, Ada County, Idaho. 3. The Applicants are not presently the owner of record of the property. The agent and representative of the record owner, Michael J. Ballantyne, on behalf of the record owner of the property has consented to the application for the Conditional Use Permit. 4. Pursuant to the application, the Applicants proposed use is that of a professional office building. Further, the Applicants agree to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 5. The property is presently zoned (C-G) General Retail and Service Commercial, and is vacant land. Although professional and sales offices are permitted uses in the (C-G) General Retail and Commercial zoning district, pursuant to Ordinance No. 739 of the City of Meridian, the parcel of property, of which this property is a part, was annexed with the condition that the parcel of property must be developed as a commercial or general planned development or under the conditional use permit process. Consequently, the property which is the subject of this application is subject to the conditional use permit process, and a conditional use permit is required for the construction of and the use of a professional office building upon the property. 6. The Applicants' representative, Ronald Thurber, testified substantially as follows. He is the architect for the Applicants. The Applicants intend to construct an approximate 10,000 square FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. JAMES KELLER AND REID OLSEN - Conditional Use Permit foot office building in the new Troutner Ballantyne Business Subdivision, which is west of town. The Applicants will have 53 off street parking spaces. The plans for the landscaping and building have been submitted. The building is single story, slab concrete with a brick exterior, flat roof and a the entrance. 7. In response to a question of Commissioner Oslund, the Applicants' representative stated that the Applicants will occupy approximately three-fourths of the building, and the remaining one- fourth will be professional offices. 8. In response to a question of Commissioner MacCoy, the Applicants' representative testified substantially as follows. The exterior of the building has some brick veneer panels. The building is flat roofed parapeted at the main entrance, which is on a corner, and has an entrance canopy to add some interest. The developers of the subdivision, Jim Ballantyne and Art Troutner, are trying to carry through a theme of tile. So in part of the building, there is a the that will match the other buildings in the subdivision. The Applicants' building is the first building to be built in this subdivision; it is presently vacant ground. The subdivision was recently platted so it is brand new. The Applicants have reviewed the staff's comments, and has or will accept them. The building will accommodate the handicapped including signage and other requirements. 9. In response to a question of Commissioner Borup, the Applicants' representative testified that the landscaping plan FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. JAMES KELLER AND REID OLSEN - Conditional Use Permit submitted is the plan which is to be followed at the present time. Commissioner Borup commented that the plan is well done. 10. Chairman Johnson commented that this project is a good start for the subdivision development. The building is a good type with which to start the project; something with professional occupancy. 11. The Assistant to the City Engineer, Bruce Freckleton, submitted comments which are incorporated herein as if set forth in full. His comments included the following. The proposal is within the Troutner Business Park Subdivision. The Final Plat for said subdivision was approved by the Meridian City Council on February 4, 1997. Development plans for the subdivision are in the process of being developed. At this time there are not any City services available at the site. Handicap parking, associated signage and building construction shall meet the requirements of the Americans With Disabilities Act. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. All signs are subject to review and approval of the Planning & Zoning Department. Screened trash enclosures are to be provided in accordance with City Ordinance. Dumpster site locations need to be coordinated with the City's solid waste contractor. The dumpsters must be located so as not to impede fire access. All driveway and parking areas shall be paved, with all driveway access approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a .state of Idaho licensed architect or engineer is required and shall be submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. JAMES KELLER AND REID OLSEN - Conditional Use Permit to the City Engineer for all off-site parking areas. All site drainage shall be contained and disposed of on-site. Parking lot lighting plans need to be provided to the Meridian Public Works Department. Illumination of the site shall be designed not to cause glare or adversely impact neighboring properties as determined by the City of Meridian. All landscaping is to meet the requirements of Ordinance Section 11-2-414 D 2. Underground sprinkling and a minimum of one three-inch caliper tree per 1,500 square feet of asphalt is required by City Ordinance. Detailed landscape plans will be reviewed during the building permit approval process. 12. The Planning and Zoning Administrator has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 13. The Meridian City Police Department submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 14. Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; that all codes will need to be met such as fire hydrants and fire sprinkler systems. 15. Central District Health Department submitted comments which are incorporated herein as if set forth in full. Its comments included the following. After written approval from appropriate entities are submitted, it can approve this proposal FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. JAMES KELLER AND REID OLSEN - Conditional Use Permit for central sewage and central water. Street runoff is not to create a mosquito problem. It recommends that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved in the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. 16. Nampa & Meridian Irrigation District submitted comments which are incorporated herein as if set forth in full. Its comments included the following. The Nampa & Meridian Irrigation District's Eight Mile Lateral courses along the south boundary of the project. The right-of-way of the Eight Mile Lateral is 60 feet; 30 feet from the center each way. The developer must contact the appropriate representative of the District for approval before any encroachment or change of the right-of-way occurs. The District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the District must review drainage plans. The developer must comply with Idaho Code Section 31-3805. It is recommended that irrigation water be made available to all developments with the District. 17. The Ada County Highway District has or may submit comments, and such comments are hereby incorporated herein as if FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. JAMES KELLER AND REID OLSEN - Conditional Use Permit set forth in full or shall be incorporated herein ae if set forth in full when submitted. 18. There were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. JAMES KELLER AND REID OLSEN - Conditional Use Permit ~: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. Section 11-2-418(C) of the Zoning And Development Ordinance 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. Upon a review of those requirements and a review of the facts presented and the conditions of the area, 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. Pursuant to the conditions for the annexation of the parcel of property of which the property is a part a conditional use permit would be required; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; c. The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with the use should be operated FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. JAMES KELLER AND REID OLSEN - Conditional Use Permit and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; e. The Applicants shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but the Applicants may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions involve a use, activity, conditions of operation person, property or the excessive production of glare or odors; are met, the use should not process, material, equipment or that would be detrimental to general welfare by reason of traffic, noise, smoke, fumes, h. The Applicants will cause the property to have vehicular approaches which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. Since conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. JAMES REELER AND REID OLSEN - Conditional Use Permit b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; c. The Applicants shall meet the comments, recommendations and requirements of the City Engineer's office, which include, but are not limited to the following: (1) Handicap parking, associated signage and building construction shall meet the requirements of the Americans With Disabilities Act; (2) All signs shall meet the requirements of the Uniform Sign Code and Meridian City Ordinance; (3) All signs shall be subject to review and approval of the Planning & Zoning Department; (4) Screened trash enclosures shall be provided in accordance with City Ordinance; (5) Dumpster site locations shall be coordinated with the City's solid waste contractor; (6) The dumpsters shall be located so as not to impede fire access; (7) All driveway and parking areas shall be paved, with all driveway access approved by the Ada County Highway District; (8) Graveled driveways, parking and access shall be unacceptable; (9) A drainage plan designed by a state of Idaho licensed architect or engineer shall be required, and shall be submitted to the City Engineer for approval by the City Engineer of all off-site parking areas; (10) All site drainage shall be contained and disposed of on-site; (11) Parking lot lighting plans shall be submitted to the Meridian Public Works Department; (12) Illumination of the site shall be designed not to cause glare or adversely impact neighboring properties as determined by the City of Meridian; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. JAMES KELLER AND REID OLSEN - Conditional Use Permit (13) All landscaping shall meet the requirements of Ordinance Section 11-2-414 D 2.; (14) Underground sprinkling and a minimum of one three- inch caliper tree per 1,500 square feet of asphalt shall be required per City Ordinance; and (15) Detailed landscape plans shall be reviewed during the building permit approval process. d. The Applicants shall meet the comments, recommendations and requirements of the Planning and Zoning Administrator; e. The Applicants shall meet and comply with the comments, recommendations and requirements of the Meridian Police Department; f. The Applicants shall meet and comply with the comments, recommendations and requirements of the Meridian Fire Department, which include, but are not limited to, that all codes will need to be met such as fire hydrants and fire sprinkler systems; g. The Applicants shall meet and comply with the comments, recommendations and requirements of the Central District Health Department, which include, but are not limited to the following: (1) After written approval from appropriate entities are submitted, it can approve this proposal for central sewage and central water; (2) Street runoff shall not create a mosquito problem; (3) The first one half inch of stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface; and (4) The Applicants shall cause the engineers and architects involved in the design of this project to obtain current best management practices for stormwater disposal and to design a stormwater management system that prevents groundwater and surface water degradation. h. The Applicants shall meet and comply with the comments, recommendations and requirements of the Nampa & Meridian Irrigation District, which include, but are not limited to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. JAMES KELLER AND REID OLSEN - Conditional Use Permit (1) The Applicants shall contact or cause to be contacted the appropriate representative of the District for approval before any encroachment or change of the District's Eight Mile Lateral right- of-way occurs; (2) The Applicants shall file a Land Use Change/Site Development application for review by the District prior to final platting; (3) All municipal surface drainage shall be retained on-site; (4) If any surface drainage leaves the site, the District must review drainage plans; (5) The Applicants shall comply with Idaho Code Section 31-3805; and (6) The District recommends that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. i. The Applicants shall meet the requirements of other governmental agencies submitting comments; and j. 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 Fire and Life Safety Codes, all parking and landscaping requirements. 9. The above-conditions are concluded to be reasonable and the Applicants shall meet these conditions. 10. It is recommended that if the Applicants meet the conditions stated above, that the conditional use permit be granted to the Applicants. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. JAMES KELLER AND REID OLSEN - Conditional Use Permit APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED OSLUND VOTED COMMISSIONER MACCOY VOTED C~!/~xYhixSil9nE~ /nA~/Ninlb CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION L~ aµ~ ~~ j~ll9a' The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicants for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicants by the City. MOTION: 3f ~`~Q7 APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. JAMES KELLER AND REID OLSEN - Conditional Use Permit BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION KELLI J. STEWART CONDITIONAL USE PERMIT FOR A FULL SERVICE SALON WITH TWO STYLING STATIONS, NAIL TECHNICIAN AND MASSAGE THERAPY ROOM 408 EAST 1ST STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on February 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to said public hearing scheduled on February 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 11, 1997, 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. The property included in the application for the conditional use permit is described in the application, and by this reference is incorporated herein as if set forth in full. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. KELLI J. STEWART - Conditional Use Permit property is located at 408 East 1st Street, Meridian, Ada County, Idaho. 3. The Applicant is not the owner of record of the property. The record owner of the property is Robert C. VanHouten and Jerrie M. VanHouten, husband and wife, and Mr. VanHouten has consented to the application for the Conditional Use Permit. 4. Pursuant to the application and the accompanying letter from the Applicant, the intention of the Applicant is to operate a full service salon, and, eventually, a makeup and skin care counter. Further, the Applicant intends to offer for retail sale of cosmetic products. The salon would consist of two hair styling stations, a nail technician and a massage therapist room. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 5. The Applicant testified substantially as follows at to her intended use. The proposed business would consist of the Applicant with a staff of four. nail technician. There would There would be one stylist and a also be, hopefully, a massage therapist. 6. In response to questions of Chairman Johnson, the Applicant testified substantially as follows. The hours of operation of the proposed business would vary, but probably between 10:00 a.m. and 6:00 p.m. The days of operation would be five; Tuesday through Saturday. The proposed business would not be open Sunday or Monday. She has reviewed the comments of the City's FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. KELLI J. STEWART - Conditional Use Permit staff. She has no comments or disagreements with the comments; the comments are fine. 7. In response to questions of Commissioner MacCoy, the property owner, Mr. VanHouten, testified substantially as follows. As detailed in the drawing of the property, there exist six spaces along the side of the property for vehicle parking. There are also probably four or more spaces between the back side of the property and the existing fence for vehicle parking. The four rear parking spaces would be for staff of the proposed business, and the six would be for customers. It is intended to install an outside light which would face from east to west, primarily on a timer. This light would provide lighting for staff and customers when they leave at night during the winter time. The light would turn on for approximately 15 minutes, and then it would turn off until activated again. 8. In response to questions of Commissioner MacCoy, the Applicant testified substantially as follows. A lighted sign exists at the property which the Applicant intends to use. There is a timer on the sign to light it during business hours. The sign does not blink; it is a solid illuminated sign. 9. The owner of the property, Mr. VanHouten, added in response to the questions of Commissioner MacCoy, that the sign would probably turn off at approximately 10:00 p.m. 10. In response to questions of Commissioner Borup, the Applicant stated that there exist probably eight parking spaces at the property. The property owner, Mr. VanHouten, testified adding FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. KELLI J. STEWART - Conditional Use Permit C~ that there exist six parking spaces along Ada Street. There is also space behind the building on the property for four cars, which he assumes would be used by staff of the proposed business. 11. Commissioner Borup commented that he was referring to the parking space requirements for the size of the building, and that there may exist more parking spaces than the minimum requirement which may help with the compliance with the requirements of Ada County Highway District. The property owner, Mr. VanHouten, responded that he thinks that more parking spaces than the minimum required exist, but he will discuss that issue with the Ada County Highway District. 12. The Assistant to the City Engineer, Bruce Freckleton, submitted comments which are incorporated herein as if set forth in full. His comments included the following. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. Outside lighting shall be designed and placed eo as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D. 3. All signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. Sanitary sewer and water to the facility would be through existing service lines. The site is currently assessed with one commercial water hookup and one commercial sewer hookup. Assessments for sewer and water service will be reviewed to determine whether additional load justifies an adjustment to the assessments. The Applicant is to provide any information that she FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. KELLI J. STEWART - Conditional Use Permit may have regarding the anticipated water demand. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 13. The Planning and Zoning Administrator has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 14. The Meridian City Police Department, Central District Health Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 15. Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; that all codes will need to be met. 16. The Ada County Highway District submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included, but are not limited to, the following. Curb, gutter, 5 feet wide sidewalk and match paving be constructed on Ada Street abutting the property. The improvements shall be constructed to one half of a 37 feet street section. A 24 to 30 feet wide curb cut driveway on Ada Street located a minimum of 50 feet from east of East 1st Street be constructed. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked on the roadway. If the driveway is not to be paved FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. KELLI J. STEWART - Conditional Use Permit on site, the driveway be paved its full required width of 24 to 30 feet to at least 20 feet beyond the edge of pavement of Ada Street. Restrictions on the width, number and locations of driveways shall be placed on future development of the property. Other than the approved existing access point, direct lot or parcel access to East 1st Street is prohibited. 17. The Ada Planning Association submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following. The property is within walking distance of residents and employees in the area. To encourage walking to the property, it recommends that sidewalks be constructed on East Ada Street. 18. There was no further testimony given at the hearing. 19. This property is located within the City of Meridian. The property is currently zoned (OT) Old Town. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Professional & Sales Offices and Retail Stores are listed as a conditional use in the (OT) Old Town District and, therefore, in the (OT) Old Town District a conditional use permit for the operation of a full service salon, with a nail technician and a massage therapist room, and retail sale of cosmetic products. 20. The (OT) Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT) 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, quasi-public, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. KELLI J. STEWART - Conditional Use Permit 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 the 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 to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 21. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." CONCLUSIONS OF LAW 1. 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 property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Planning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statutes and ordinances, and of actual conditions existing within the City and state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. KELLI J. STEWART - Conditional Use Permit duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The City has judged this Application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. Section 11-2-418 C. of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. KELLI J. STEWART - Conditional Use Permit a. The use would, in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with, the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic may increase, but the development will have a vehicular approach to the property which shall be designed to decrease interference with traffic on surrounding public streets; e. The property has sewer and water service already connected, but the Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. KELLI J. STEWART - Conditional Use Permit development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department, the Meridian Police Department, Central District Health Department, and Nampa & Meridian Irrigation District which requirements specifically include: (1) Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; (2) Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-2-414 D. 3.; (3) All signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance; (4) The Applicant shall enter into an Assessment Agreement with the City of Meridian and assessments for sewer and water service will be reviewed to determine whether additional load justifies an adjustment to the assessments; and (5) The Applicant will provide any information that she may have regarding water demand. c. The Applicant shall meet the requirements of the Ada County Highway District which requirements specifically include: (1) Curb, gutter, 5 feet wide sidewalk and match paving be constructed on Ada Street abutting the property, which improvements shall be constructed to one half of a 37 feet street section; (2) A 24 to 30 feet wide curb cut driveway on Ada Street located a minimum of 50 feet from east of East 1st Street be constructed; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. KELLI J. STEWART - Conditional Use Permit (3) Utility street cuts in new pavement less than five years old shall be prohibited unless approved in writing by the District; (4) If the driveway is not to be paved on site, the driveway shall be paved its full required width of 24 to 30 feet to at least 20 feet beyond the edge of pavement of Ada Street; (5) Restrictions on the width, number and locations of driveways shall be placed on future development of the property; and (6) Other than the approved existing access point, direct lot or parcel access to East 1st Street shall be prohibited. d. The Applicant shall meet the requirements of the Ada Planning Association which requirements specifically include that sidewalks be constructed on East Ada Street. e. The Applicant shall meet the requirements of other governmental agencies submitting comments. f. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. KELLI J. STEWART - Conditional Uae Permit APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER MACCOY C'FtrnmiTSllrx.ot ~¢y,n-iY~a , CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED ~ , 7~" - VOTED VOTED ~ • ~I ^ ~j DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. KELLI J. STEWART - Conditional Use Permit BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION LORIN C. SAUNDERS REZONE OF 9.42 ACRES FROM R-4 TO R-15 SOUTH OF PINE AND WEST OF THE WEST END OF BROADWAY MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on February 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant, Lorin Saunders, appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDING3 OF FACT 1. A notice of a public hearing on the Rezone Application was published for two (2) consecutive weeks prior to said public hearing scheduled on February 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the February 11, 1997, 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. The property contains approximately 9.42 acres and is located within the City of Meridian. The property is described in the application which description is incorporated herein. The Applicant is the owner of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. PRESTIGE CARE, INC. - Zoning Amendment 3. The property is presently zoned (R-4) Low Density Residential District and the Applicant is requesting a rezone to (R-15) Medium High Density Residential District. 4. Pursuant to the application, the Applicant requests the re-zoning for the purpose of and the use of the construction of duplexes. 5. The property is in close proximity to existing homes and residential area. 6. The Applicant testified and explained substantially as follows. He has owned the property for 25 years. He has tried on two different occasions to interest builders in developing the property under the R-4 zoning; however, the houses are too biq for the apartment area. He feels the way the property can be developed is to zone it R-15, which is the purpose of the application. He understands the conditional use system the City uses as a condition of approval of these types of applications. All that he desires is to have the zoning changed so he can secure financing necessary to complete the project. He has tried to maintain the property during the years he has owned it; however, the property as an open field is turning into an invitation to put junk on it. He would like to develop the property. When he initially discussed with Ada County Highway District the development of the property, he believed it originally indicated that Broadway Street would have to be extended through the property. Since that initial discussion with the Ada County Highway District, it has indicated that it prefers that Broadway Street not be extended through the property because of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. PRESTIGE CARE, INC. - Zoning Amendment speed of vehicles on long straight streets. Consequently, through the development of the property, the streets could turn east on 8th Street, then traverse the edge of the property on an extension street, and then extend Idaho Street down into the property. He has spoken with the owner of adjacent property, and he would design the development of the property so the adjacent property could use the access and would not be landlocked. The street would continue through the adjacent property owner's property, somehow. As a result, the drainage which runs through the property would not be covered up. He could reduce the banks along the drainage and make it a very nice park area. So, when one came down to the end of Broadway there would be a nice green area which he thinks would be very complimentary to the City. He is excited to develop the property, and he is seeking the change in zoning so he can develop it. After the zoning of the property is changed, it will not be long before plans are presented to the City. 7. In response to questions of Commissioner Borup, the Applicant testified substantially as follows. With regard to the application, he believes the R-15 zoning calls for duplex types of structures. The zoning requested permits the construction of duplexes which are approximately 800 square feet with double car garages. He is not proposing the construction of structures greater than duplexes; that is all in which he is interested. The reason he pursued the R-15 zoning is that the City's staff recommended it. He is not interested in a real high density. He just wants to develop the property. There is a drainage ditch FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. PRESTIGE CARE, INC. - Zoning Amendment through the property, around which there can be a very nice park area developed. The area would look very clean when one went to the end of Broadway. He believes it would be a nice little subdivision or little development there. 8. In response to further questions of Commissioner Borup, the Applicant testified substantially as follows. Along the railroad tracks, one has to be 200 feet from the railroad tracks to install a fence and landscape the area. The property lines would be 200 feet from the railroad tracks, which he believes is the requirement. His thinking is that if there were fence restrictions along the drain ditch to the back of the houses, the look of the park area would be enhanced. Additionally, there is not enough room at the end of the property to construct anything but a park area. He thinks a park area would be something the people around the area of the property would appreciate. At the time he pursues the final planning on the platting and development of the property, the neighbors would have input into it, and he would attempt to develop something compatible to their liking. He is interested in being good neighbors. He has owned the property for a long time and lived in Meridian for 35 years. He would like to see the development be something of which he is proud. He does not have anyone to develop it presently. It has been indicated to him that the zoning needs to be changed before any money is invested to initiate the development of the property. 9. There was comment and discussion between Chairman Johnson and the Planning and Zoning Administrator, Shari Stiles, concerning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. PRESTIGE CARE, INC. - Zoning Amendment her comments dated February 10, 1997, particularly, item number 8 of those comments. Ms. Stiles stated that those comments were taken directly from the description of the R-15 zone, and she has received no plan from which she is able to determine whether the requirements can be met. 10. The Applicant testified further substantially as follows. He has seen the comments from the Planning and Zoning Administrator, Shari Stiles, dated February 10, 1997. He has spoken with the City Engineer on several occasions concerning sewer and water service to the property. A topography survey of the property has been completed to determine whether the property is high enough to connect into the sewer and it is. The City Engineer has indicated to him that there probably will not be a problem connecting to the sewer. The water service is on the property; it just needs to be connected. The curbs are installed. He has to install the sidewalk on the West 8th Street. This would clean up the property; it is an eye sore for which he apologizes. He is now in a position to do something with the property. The project would be very complimentary to the City's plans. 11. Melinda Belt testified concerning the application substantially as follows. She is the President of the Broadway Estates Condominium Homeowners' Association (Association) and representing the association. There are 12 condominium units. She understands that the condominiums were built by Lorin Saunders in approximately 1977. The members of the Association do have concerns with the development of the property. They do not know if FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. PRESTIGE CARE, INC. - Zoning Amendment the intent of the development of the property is some sort of low income housing development or all rentals. They are already surrounded on the back side by apartments. As homeowners they have been trying real hard to clean up the neighborhood. They have painted their buildings this year. They have done a lot of work with the trees and the landscaping. Some of her concerns stem from incidental connections with the property. She has called the City on numerous occasions about the property; the four feet high weeds on the property. She began calling in May of 1995. She thought she was resolving the problem, but the problem was not resolved. She called about the weeds because, not only are they a fire hazard, the property was filled with thistles which would blow into their lawn. They had to keep spraying their lawn and incurring the cost for the spray. Finally, the weeds were cut down, she believes in September or October of 1996. It took her over a year and half to receive a response. She does not believe the Applicant attempted to maintain the property. The quality of the building in which she lives has a lot to be desired. They are all concerned about the intent with the property, because they realize they are in a low income area and their property really is not valuable. They do not want to see the value of their property decrease rather than increase. She has questions about the park area around the drainage ditch and its safety. There will be a lot of children in the sort of development proposed by the Applicant; there are already a lot of children. Also, she questions whether it will be well maintained or whether it will be allowed to turn into weeds. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. PRESTIGE CARE, INC. - Zoning Amendment She also questions the R-15 zoning versus the R-8 zoning if the Applicant only desires duplexes. Although she does not know much about zoning, she opines that, if one were going to do more of a single family subdivision, it is unnecessary to zone the property for a high density housing. The Association wanted to be represented and wanted to express to the City that they are concerned about the development of the property. They would prefer a development which improves the area rather than creates a detriment and increases the traffic and low income housing. 12. In response to a question of Chairman Johnson, Ms. Belt testified substantially as follows. The members of the Association would prefer the development of the property as more owner occupied. There will be some rentals; however, if the intention is to create rental properties, they think there will be a big difference in the maintenance of the property. 13. In response to questions of Commissioner Borup, Ms. Belt testified substantially as follows. The members of the Association are not opposed to the development of the property. They do not want, as the rumors have been for the last couple of years, "low income housing" and rentals. Based upon the requested zoning, this type of development is what has been indicated to them. Single family housing would be fine; they do not want to be surrounded by rentals. They are homeowners. Whereas, the residents behind them are apartment renters, low income, welfare mothers, and on special insurance which is different from them. She does not think the concept of duplexes, a maximum of two per building, would be a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. PRESTIGE CARE, INC. - Zoning Amendment • problem. She agrees that duplexes would be a nice transition between the apartments if they were not sold in mass and rented out. Their main concern is the property turning into a low income rental community. 11. Dana Simmons testified concerning the application substantially as follows. She lived in low income housing for 3 1/2 years. She went through a divorce. Her former husband is $17,000.00 behind in child support. A year and half ago she purchased the town home in which she lives. She takes pride in ownership. Consequently, she has seen both sides. Her strongest concern is the R-15 zoning that provides an option to develop a very high density apartment complex which ahe finds questionable. She understands people wanting to leave their options open. However, the R-15 zoning indicates to her the Applicant might be leaning towards high density development which is more financially lucrative. Another concern is that she has an 11 year old daughter. She purposely purchased in the location where she and her daughter live so her daughter could walk to elementary, middle and high school. She does not think that a high density complex in this area is good considering the school over crowding problem. She likes the idea of additional condominiums or duplexes with the emphasis being on owner occupied. It is her concern that the only way in and out of the area is Broadway and Idaho. There are a lot of young children in the area. Without other access, a serious problem could arise in the area. She thinks one thing which has saved the area in which she lives, given the Broadway Manor FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. PRESTIGE CARE, INC. - Zoning Amendment Apartments behind where she lives, is the lack of access; there is not the traffic through the area. An increase in traffic will create serious traffic problems. 12. Commissioner Borup commented that the application is for a rezone of the property without specific detail on the development. An R-15 zoning classification may allow the construction of apartments, but only through the conditional permit process. As a result the Applicant would have to go through the public hearing process for the conditional use permit. Whereas, an R-15 zoning classification would permit, without a conditional use permit, the construction of duplexes on the property. Accordingly, to construct duplexes on the property, the Applicant would not have to go through the public hearing process for a conditional use permit. 13. Vern Alleman testified concerning the application substantially as follows. He bases his testimony on the premise that R-4 zoning is four units per acre and the assumption that R-15 is 15 units per acre. He opposes the application to change the zoning from R-4 to R-15. He is concerned about the crime rate in an R-15 type of development. Areas in Boise which have such type of developments have the highest crime rate. His point is that the crime rate is much higher in such types of developments compared to other areas with equal population. He has followed this increase in the crime rate for a long time. Some time ago, City officials told him that policing an R-15 type of development uses about one- half of the police resources. An R-15 type of development FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. PRESTIGE CARE, INC. - Zoning Amendment decreases the value of surrounding property, such as where he owns property. He feels the zoning of the property should remain R-4. If the property does not remain R-4, the zoning of the property with regard to density, should be no higher than R-8. This is his biggest concern. 14. Chairman Johnson commented on the Applicant's presentation that the R-4 zoning has not worked economically. The property's environment does not lend very well to R-4 zoning which permits only 4 units per acre and sizable houses. The Applicant is applying for a change in the zoning which the City's staff has apparently encouraged him to do. The zoning does not dictate the type of development of the property, it dictates the permitted uses. The property and development must still go through the other processes. 15. In response to a question of Mr. Alleman, Chairman Johnson stated that although zoned R-15 the development of the property for higher density structures is still subject to the conditional use permit process. 16. In response to Mr. Alleman's comment that he spoke with a neighbor who would not object to R-8 zoning but objects to R-15, Chairman Johnson commented that R-8 may work. The density ratings are the maximum densities. Most R-4 developments are less than density permitted by R-4; something like 2.89 to 3.1 per acre. 17. Mr. Alleman further commented and testified that he is concerned about the concentration in a small area, the type of people that live in that area, and the crime rate which results FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. PRESTIGE CARE, INC. - Zoning Amendment from higher density populations In addition, the decrease in the valuation for surrounding properties. 18. In response to a question of Commissioner Borup, Mr. Alleman stated that he owns the property located at 842 West Pine. His property is not bare ground adjoining the property. 19. Larry Hansen testified concerning the application substantially as follows. He supports the application. He has owned the property adjacent to the property for approximately one year and lived on his property for approximately two months. When he purchased the adjacent property, he hoped that the property could be put to better use. The property has existed as a desert and fire hazard. When he moved to Idaho approximately 17 years ago, he lived in an area composed entirely of duplexes. These duplexes were occupied by professionals who had recently moved to Idaho. These occupants lived in the duplexes from six months to two years, until they accumulated sufficient funds to purchase permanent housing. He believes the economy, if the area is strong, and Meridian has the ability to attract people who want high quality living arrangements on a rental basis. The proposed development of the property is the type of use which he would like to see for his adjacent property. 20. Mr. Saunders further testified substantially as follows. He apologizes to the people for the weeds on the property; however, he tried to take care of the weeds about once a year. Each time he goes to the property there is garbage scattered on the property which hinders the ability to maintain the property. There is also FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. PRESTIGE CARE, INC. - Zoning Amendment i • grass and lawn droppings from properties across from the property. He believes that the development of the property is the best for everyone. He is conscious of the value of the surrounding properties. He did not construct the condominium units. The condominium units were originally constructed as four-plexes and duplexes. He did have something to do with turning them into condominiums, because he wanted to sell them as owner occupied. These owners have done a nice job of maintaining the condominiums, and he does not want to detract from them. He does not mind being restricted to duplexes in the zoning. Duplexes are the highest density for which he cares; he does not believe a higher density would compliment the area. These duplexes must have a double car garage pursuant to the zoning, so they will be nice units. They will not be low income housing. The development of the property would be a compliment to the condominiums across from the property. With regard to the drainage ditch and park area, originally he considered obtaining permission to cover and the the drainage ditch. He is not opposed to doing that right now; however, he knows the City desires a green area, and by reducing the height of the banks along the ditch, this area could be made into a very nice and safe type of park area. He is not opposed to tiling the drainage ditch if it is in the best interest of the neighbors. With regard to the roads, eventually the roads will go to the property. Ada County Highway District requires him to run the roads, both Idaho Street and Broadway, to the property line. Broadway does not have to extend through the property, but may go FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. PRESTIGE CARE, INC. - Zoning Amendment around it. Probably, there will be other access to the property; he assumes from Pine Street. There will be other accesses to the property. He reemphasizes that he has tried on two different occasions to construct single family housing on the property; however, one cannot build and sell 1,400 square feet houses in the area. Two builders he worked with could not make such type of development economically feasible. After speaking with City staff, he believes the best use is the construction of duplexes, which is the highest density he desires. He is not concerned with the restriction to duplexes because he is not interested in decreasing the value of surrounding properties and he wants to compliment the surrounding properties. 21. In response to a question of Commissioner Borup, Mr. Saunders testified that he would not be opposed to an R-8 zoning which would allow the construction of minimum 800 square feet duplexes. 22. Mr. Saunders commented further that his request for R-15 is based upon City staff's recommendations. He is not opposed to the R-8 zoning. An R-8 zoning is fine with him if such zoning makes the neighbors surrounding the property more comfortable with the project, or restricting the size of the buildings on this application is also fine with him. 23. Bruce Freckleton, Assistant to the City Engineer, submitted comments which comments are incorporated herein as if set forth in full. His comments included that the legal description submitted with the application for rezone appears to meet all the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. PRESTIGE CARE, INC. - Zoning Amendment criteria required by Meridian City Resolution #158, and the Idaho State Tax Commission; that sanitary sewer service for this parcel could be from extensions of the existing sanitary sewer trunk main located between W. 7th Street and W. 8th Street; that the depth of this existing main, approximately 7.5 feet deep, may limit the serviceability of this parcel to this main; that the treatment capacity of the Meridian 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 any proposed development; that water service for this development shall be from an existing main located in W. 8th Street; and that water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model. 24. Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein as if set forth in full. Her comments included, but are not limited to, the following. The request for zoning of R-15 would appear to be compatible with the surrounding uses. Several single-family homes have been split off from Pine Street, and the proposed rezone property is now landlocked. Both Idaho Street and Broadway Street dead-end into the property. Broadway Avenue basically dead-ends into Nine Mile Creek. These roads will need to be extended to and through the property in accordance with Ada County Highway District standards, with five feet wide sidewalks on both sides. Fire access and hydrant locations must be provided in accordance with FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. PRESTIGE CARE, INC. - Zoning Amendment the Uniform Fire Code and Meridian Fire Department policies. The Applicant is to provide curbing and underground sprinkler system for all landscaped areas. Nine Mile Creek is designated as a bike path in the Meridian Comprehensive Plan. Plans of the Applicant will need to be reviewed and approved by the City, Nampa & Meridian Irrigation District, and possibly the Bureau of Reclamation. Permanent six feet high perimeter fencing must be provided prior to obtaining building permits, except where such requirement may be specifically waived in writing by the City. All paving, striping and signage of parking lots is to be in accordance with Meridian City Ordinance and the Americans With Disabilities Act. Lighting shall not illuminate adjacent residential properties or cause glare, as determined by the City of Meridian. The Applicant proposes a rezone of the property to R-15. All developments within the R-15 zone must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City of Meridian. No information has been submitted to substantiate conformance with these requirements. In the R-15 zone, minimum lot size is 2,400 square feet per dwelling unit. Any duplex units would be required to have two-car garages. Single- family detached housing would require a minimum house of 1,301 square feet in size. Duplex units would require a minimum of 800 square feet per unit, exclusive of the garage. A minimum of a 20 feet planting strip will be required along the railroad corridor, outside of the existing right-of-way and beyond the fence to be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. PRESTIGE CARE, INC. - Zoning Amendment installed. A development agreement/detailed conditions of approval are required as a condition of rezoning. Because of the numerous issues involved, and as no uses or site plan are shown for the property, rezoning of the property should not be considered without the requirement that all uses, regardless of whether or not permitted in the R-15 zone, are to be developed under the conditional use permit process. Perhaps rezoning should not be considered until a plan is presented for review and approval. She would feel more comfortable if the plan were being approved concurrently with any rezoning. Further conditions will be examined when the application for conditional use permit is submitted. If planned correctly, the property could be an excellent in-fill development project. 25. The Meridian Police Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. 26. The Meridian Fire Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. 27. The Nampa & Meridian Irrigation District submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. 26. The Central District Health Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. PRESTIGE CARE, INC. - Zoning Amendment approve the proposal for central sewage and central water; that the plans for central sewage and central water must be submitted to and approved by the Idaho Department of Aealth S Welfare, Division of Environmental Quality; that street runoff is not to create a mosquito breeding problem; that it recommends the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that the engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 29. The Ada County Highway District submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included, but are not limited to, the following. The Applicant construct a 4 feet wide concrete sidewalk on 8th Street abutting the site (Meridian requires 5 feet sidewalks). The Applicant construct a 4 feet wide concrete sidewalk on Broadway Avenue abutting the existing curb on the site's frontage (Meridian requires 5 feet sidewalks); The Applicant continue the roadway grid system through the site by extending Idaho Avenue and Broadway Avenue from the site's east boundary to the site's west boundary. Additional north-south roads may be constructed as needed. The streets shall be constructed as 37 feet street sections with curb, gutter and five feet wide sidewalks within the 50 feet right-of- way. In accordance with District policy, stub streets to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. PRESTIGE CARE, INC. - Zoning Amendment i undeveloped parcels abutting the site may be required upon review of a future application for this site. 30. There were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1. 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. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 3. This Application for a zoning amendment has been judged upon the basis of guidelines contained in Section 11-2-416 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 4. Section 11-2-416 A. states in part as follows: When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classifications of property as well as the regulations and provisions of this Ordinance. 5. Section 11-2-416 (K) of the Zoning And Development Ordinance of the City of Meridian seta forth standards under which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. PRESTIGE CARE, INC. - Zoning Amendment the City shall review applications for zoning amendments. Upon a review of those requirements and a review of the facts presented and conditions of the area, it is specifically concluded as follows: (a) The (R-15) Medium High Density Residential District zoning would be harmonious with and in accordance with the Comprehensive Plan; (b) The property, if designed and used as allowed in the (R- 15) Medium High Density Residential District, would be developed in a fashion allowed under the proposed new zoning; (c) The property, if designed and used as allowed in the (R- 15) Medium High Density Residential District, would be designed and constructed to be harmonious with the surrounding area, which is developed in the fashion of the (R-8) Low Density Residential District; (d) The (R-15) Medium High Density Residential District use would not be hazardous to the existing or future uses of the surrounding neighborhood; (e) A (R-15) Medium High Density Residential District development would not create excessive additional requirements at public cost for public facilities and services, and would not be detrimental to the economic welfare of the community; (f) The property, if designed and used as allowed in the (R- 15) Medium High Density Residential District, would not involve uses, activities, processes, materials, equipment or conditions of operation which would be detrimental to any person, property or the general welfare of the area; (g) The property, if designed and used as allowed in the (R- 15) Medium High Density Residential District, could be designed and constructed to provide vehicular approaches to the property which would be designed to decrease interference with traffic on surrounding public streets; (h) A rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance; and (i) The proposed zoning amendment is in the best interest of City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. PRESTIGE CARE, INC. - Zoning Amendment 6. The City of Meridian has authority to place conditions upon the grant of a zoning amendment. 7. The Applicant has not presented any specific plans concerning his intention for the development of the property. It is, therefore, concluded that as a condition of the grant of the zoning amendment that any use or development of the property shall only be allowed under the conditional use process. 8. It is further concluded that as a condition of the grant of the zoning amendment, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L, and that the development agreement shall address, among other things, the following: a. Inclusion into the development the requirements of 11-9-605; b. Payment by the Applicant, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City; c. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee, or fees, for park, police, and fire services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; q. Submission and approval of individual building, drainage, lighting, parking, and other development plans of the property; h. Harmonizing and integrating the site improvements with the surrounding residential development and other development; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. PRESTIGE CARE, INC. - Zoning Amendment i. Addressing the comments of the Planning & Zoning Administrator; j. The sewer and water requirements ; k. Traffic plans and access into and out of any development; and 1. Any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing. 9. As the Applicant testified substantially as follows: that he does not mind being restricted to duplexes on the property; that duplexes are the highest density for which he cares; and that he does not believe a higher density would compliment the area, it is further concluded, as a condition of the grant of the zoning amendment, that the development of this property shall be restricted to a minimum of two-family dwellings (duplexes) at a density not exceeding eight dwelling units per acre. 10. It is further concluded that, as a condition of the grant of the zoning amendment, the Applicant must meet and comply with the comments, recommendations and requirements of Bruce Freckleton, Assistant to the City Engineer, which comments, recommendations and requirements included, but are not limited to, the following: (a) The approval of this application for zoning amendment shall be contingent upon the City's ability to accept the additional sanitary sewage generated by any proposed development; (b) The water service for any development of this property shall be from an existing main located in W. 8th Street; and (c) Water service to any development of this property is contingent upon positive results from a hydraulic analysis by the City's computer model. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. PRESTIGE CARE, INC. - Zoning Amendment 11. It is further concluded that, as a condition of the grant of the zoning amendment, the Applicant must meet and comply with the comments, recommendations and requirements of Shari Stiles, Planning and Zoning Administrator, which comments, recommendations and requirements included, but are not limited to, the following: (a) As part of any development of the property Idaho Street and Broadway Street shall be extended to and through the property in accordance with Ada County Highway District standards, with five feet wide sidewalks on both sides; (b) Fire access and hydrant locations shall be provided in accordance with the Uniform Fire Code and Meridian Fire Department policies as part of any development of the property; (c) As part of any development of the property, the Applicant shall provide curbing and underground sprinkler system for all landscaped areas; (d) As Nine Mile Creek is designated as a bike path in the Meridian Comprehensive Plan, plans pertaining to Nine Mile Creek shall be reviewed and approved by the City, Nampa & Meridian Irrigation District, and, if necessary, the Bureau of Reclamation; (e) The Applicant shall install a permanent six feet high perimeter fencing prior to obtaining building permits, except where this requirement is specifically waived in writing by the City; (f) As part of any development of the property, all paving, striping and signage of parking lots is to be in accordance with Meridian City Ordinance and the Americans With Disabilities Act; (g) As part of any development of the property, lighting be designed so as not to illuminate adjacent residential properties or cause glare, as determined by the City of Meridian; (h) As part of any development of the property, the Applicant shall submit to the City of Meridian information to substantiate that the property shall have direct access to a transportation arterial or collector, shall abut or have direct access to a park or open space corridor, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. PRESTIGE CARE, INC. - Zoning Amendment shall be connected to the Municipal water and sewer systems of the City of Meridian. (i) As part of any development of the property, the minimum lot size shall be 2,400 square feet per dwelling unit; any duplex units shall have two-car garages; single- family detached housing shall be a minimum of 1,301 square feet in size; duplex units shall be a minimum of 800 square feet in size per unit, exclusive of the garage; (j) As part of any development of the property, a minimum of a 20 feet planting strip shall be required along the railroad corridor, outside of the existing right-of-way and beyond the fence to be installed; and (k) Further conditions shall be examined and considered, and may be placed upon any application for a conditional use permit for the use or development of the property. 11. It is further concluded that, as a condition of the grant of the zoning amendment, the Applicant must meet and comply with the comments, recommendations and requirements of the Meridian Police Department, the Meridian Fire Department and the Nampa & Meridian Irrigation District. 12. It is further concluded that, as a condition of the grant of the zoning amendment, the Applicant must meet and comply with the comments, recommendations and requirements of the Ada County Highway District, which comments, recommendations and requirements included, but are not limited to, the following: (a) As part of any development of the property, the Applicant shall construct a minimum 5 feet wide concrete sidewalk on 8th Street abutting the site; (b) As part of any development of the property, the Applicant shall construct a minimum 5 feet wide concrete sidewalk on Broadway Avenue abutting the existing curb on the site's frontage; (c) As part of any development of the property, the Applicant shall continue the roadway grid system through the site FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. PRESTIGE CARE, INC. - Zoning Amendment by extending Idaho Avenue and Broadway Avenue from the property's east boundary to the site's west boundary. Additional north-south roads may be constructed as needed; (d) The streets shall be constructed as 37 feet street sections with curb, gutter and five feet wide sidewalks within the 50 feet right-of-way; and (e) Stub streets to undeveloped parcels abutting the site may be required upon review of any future applications for the property. 13. It is further concluded that, as a condition of the grant of the zoning amendment, the Applicant must meet and comply with the comments, recommendations and requirements of Central District Health Department, which comments, recommendations and requirements included, but are not limited to, the following: (a) As part of any development of the property, plans for central sewage and central water shall be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality; (b) Street runoff shall not create a mosquito breeding problem; (c) As part of any development and use of the property, the first one half inch of stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; and (d) As part of any development of the property, the engineers and architects involved with the design of this project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 14. It is concluded that the above-conditions are reasonable conditions of the grant of the zoning amendment. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24. PRESTIGE CARE, INC. - Zoning Amendment APPROVAL OF FINDINOS OF FACT AND CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL , COMMISSIONER BORUP VOTED ~p COMMISSIONER OSLUND VOTED ~'7 ~ r ~J COMMISSIONER MACCOY VOTED _' / C?Odar-rnlS.SiC/?~/E2- !n//~t•`lFli~/h ]{ 7 ~~ ~- CHAIRMAN JOHNSON (TIE BREAKER) VOTED _(~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25. PRESTIGE CARE, INC. - Zoning Amendment DECISION AND RECObD4ENDATION The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for the zoning amendment requested under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement, and that the property only be developed under the conditional use process; 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 and developing the property only under the conditional use permit proceas, the application for the zoning amendment should be denied. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26. PRESTIGE CARE, INC. - Zoning Amendment