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1997 02-11 MERIDIAN PLANNING & ZONING COMMISSION AGENDA TUESDAY, FEBRUARY 11, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD JANUARY 14, 1997: (APPROVED) MINUTES OF SPECIAL MEETING HELD JANUARY 16, 1997: (APPROVED) MINUTES OF SPECIAL MEETING HELD JANUARY 29, 1997: (APPROVED) TABLED DECEMBER 10, 1996: ANNEXATION AND ZONING REQUEST FOR PACKARD SUBDIVISION NO.2 BY PNE/EDMONDS CONSTRUCTION: (NEW PUBLIC HEARING ON MARCH 11, 1997) 2. TABLED DECEMBER 10, 1996: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO.2 BY PNE/EDMONDS CONSTRUCTION; (TABLED UNTIL MARCH 11, 1997) 3. FINDINGS OF FACT AND CONCLUSIONS OF lAW FOR ANNEXATION AND ZONING TO I-L BY PROPERTIES WEST, INC.: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 4. PRELIMINARY PLAT FOR MEDIMONT SUBDIV~ION BY PROPERTIES WEST INC.; TABLED JANUARY 14, 1997: (APPROVED) 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO 1-L BY MICHAEL AND MICHELLE MURASKO: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER BY RAYMOND CHACE: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE FORA 2,800 SQUARE FOOT RESTAURANT WITH A DRIVE THRU WINDOW BY JACK IN THE BOX: (APPROVE FINDINGS INCLUDING COMMISSIONER MACCOY'S COMMENTS; APPROVE RECOMMENDATION TO CITY COUNCIL) 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR BUILDING EXPANSION AT MERIDIAN AUTOMOTIVE AND MACHINE BY JOHN NESMITH: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR USE OF MODULAR BUILDINGS BY MERIDIAN ASSEMBLY OF GOD: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 10. PUBLIC HEARING: REQUEST FOR A REZONE OF 8.38 ACRES FROM R-4 TOIL-O, '/.MILE EAST OF TEN MILE, NORTH SIDE OF CHERRY LANE BY PRESTIGE CARE: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 11. PUBLIC HEARING: REQUEST 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: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 12. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR EXPANDED BLEACHER SEATING, ACCESSORY STRUCTURES AND MOVING TWO RELOCATABLE CLASSROOMS BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 13. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 5 ACRES TO TE, TEGHNICAL DISTRICT BY B.W. INC.: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 14. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR MERIDIAN MIDDLE SCHOOL ACADEMY BY MERIDIAN JOINT SCHOOL DISTRICT N0.2: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 15. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A FULL SERVICE SALON WITH TWO STYLING STATIONS, NAIL TECHNICIAN AND MASSAGE THERAPY ROOM BY KELLI STEWART: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 16. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A PROFESSIONAL OFFICE BUILDING BY JAMES KELLER AND REID OLSEN: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 17. PUBLIC HEARING: REQUEST FOR REZONE OF 9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) MERIDIAN PLANNING BZONING COMMISSION AGENDA TUESDAY, FEBRUARY 11, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD JANUARY 14, 1997: c~~1w2~ MINUTES OF SPECIAL MEETING HELD JANUARY 16, 1997: ~z~~r-over MINUTES OF SPECIAL MEETING HELD JANUARY 29, 1997: aypruve 1. TABLED DECEMBER 10, 1996: ANNEXATION AND ZONING REQUEST FOR PACKARD SUBDIVISION N0.2 BY PNE/EDMONDS CONSTRUCTION: ~ ~4QL/PLG~CG ILF4it/Yi~°~- //i. ~~t Gli. /~ ~ /71 2. TABLED DECEMBER 10, 1996: PREL/iAINARY PLAT FO ACKARD SUBDIVISION N0.2 BY PNE/EDkAONDS CONSTRUCTION: ~-~/e wn-t~L l?t~c.~ 1/iz m-F~-. 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO I-L BY PROPERTIES WEST, INC.: ~ppro~~ ~'/f ~ ~ /c. 4. PRELIMINARY PLAT FOR MEDIMONT SUBDIVISION BY PROPERTIES WEST INC.; TABLED JANUARY 14, 1997: [~,prnvz: 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO I-L BY MICHAEL AND MICHELLE MURASKO: a~prare_ ~~~ ~ t./c G~~oro/e /econ~me%v~{r1s>., fp ~~~~. 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER BY RAYMOND CHACE: Gp~pro,re ~~~ ~ ~/L apprsYe recoH*~ehcr~fiSv~.- ~ C'/~- 7. FINDINGS OF FACT AND CONCLUSIONS. OF LAW FOR CONDITIONAL USE FORA 2,800 SQUARE FOOT RESTAURANT WITH A DRIVE THRU WINDOW BY JACK IN THE BOX: ap~orov-e ~/~ ¢ P/~ ~hclua'~n~ Iat,i'h.'s fj~R~~,~..rne.r{~ ~+ppjYi/Y recemn,.e7.da:ti~i,~-tz C'/C'r 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR BUILDING EXPANSION AT MERIDIAN AUTOMOTIVE AND MACHINE BY JOHN NESMITH: tLp~Orov2 ~// ¢~lc cv~prowQ r'eca~mvn..endat~~ t`b CJ/C 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT R~•~.UF "' =0R USE OF MODULAR BUILDINGS BY MERIDIAN ASSEMBLY OF l:vD: C~~~/-vve f~{ ¢C~L ~~pro/e f [COmrv.~~dLt,t/bst ~ ~/C 10. PUBLIC HEARING: REQUEST FORA REZONE OF 8.38 ACRES FROM R~ TO I-L, '/.MILE EAST OF TEN MILE, NORTH SIDE OF CH R Y LANE BY PRESTIGE CARE: C'it.~ af~ ~v~t,y/oate . f ~~ ~L `~. 11. PUBLIC HEARING: REQUEST 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: L`~l~ Gcf'f~e cC4 /a-~.c~au ~~~ ~ c/~ 12. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR EXPANDED BLEACHER SEATING, ACCESSORY STRUCTURES AND MOVING TWO RELOCATABLE CLASSROOMS BY MERIDIA~ J~INT SCHOOL DISTRICT N0.2: ~'<i~~ affov~.eJ {~ fy~e~u-~e ~' f C'/c 13. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 5 ACRES TO TE, TECHNICAL DISTRI T BY B.W. INC.: 14. PUBLIC HE~RING: CONDITIONAL USE PERMIT FOR MERIDIAN MIDDLE SCHOOL ACADEMY BY MERI ~ JOINT SCHOOL DISTRICT N0.2: /~2ffd"LneJc tU~e~a~~4 ~~ C/~- 15. PUBLIC H RING: CONDITIONAL USE PERMIT FOR A FULL SERVICE SALON WITH TWO SMING STATIONS, NAIL TECHNICIAN AND MASSAGE THERAPY ROOM BY 8TEWART: ~i~L[ f~~~' fo ~-cc/'`1'cc ~ f ~ c'/L 16. PUBLIC H ARING: CONDITIONAL USE PERMIT FOR A PROFESSIONAL OFFICE BUILDING BY JAMES KEL.LERAND REID OLSEN: 17. PUBLIC H RING: REQUEST FOR REZONE OF 9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: CITY OF MERIDIAN PUBLIC MEETING SIGN-UP SHEET _~~~Airlfi ~ 1 I n~ w~ o,~/S ~0 ~ J~ / ~9 ,CITY OF MERIDIAN PUBLIC MEETING SIGN-UP SHEET ~3~~ ~ . j ~ -~~~,1_ V ~ ~. _ ~fs~ - 605 C MERIDIAN PLANNING & ZONING COMMISSION FEBRUARY 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, Greg Oslund, Malcolm MacCoy: OTHERS PRESENT: Will Berg, John Fitzgerald, Shari Stiles, Gary Smith, Pat Tealey, Steve Williams, Melissa LeClaire, William Carroll, Jeff Vrba, Kenneth Tetrault, Robert Morrison, Wayne Thowless, Jim Reed, Jim Carberry, Greg Meyet, Dan Torfin, Robert Van Houten, Kelli Stewart, Ronald Thurber, Melinda Belt, Lorin Saunders, Dana Simmons, Vern Alleman, Larry Hansen, June Van Houten, Todd Stewart, Kay Hansen, Helen Sharp, Dale Sharp, Monica Tetrault, Wayne Forrey, Kareny Lowery, Joan Priest, Mike McElya, Mark Peterson: MINUTES OF PREVIOUS MEETING HELD JANUARY 14, 1997: Johnson: Are there any additions, corrections or deletions? Entertain a motion for approval? Oslund: Is this item regarding the first set of minutes or all of the minutes? Johnson: Just the first set of minutes. Osfund: Okay, Mr. Chairman, I move that we approve the minutes from the meeting held on January 14, 1997. Borup: Second Johnson: Moved and seconded we approve the minutes as written, all those in favor? Opposed? MOTION CARRIED: All Yea MINUTES OF SPECIAL MEETING HELD JANUARY 16, 1997: Johnson: Any changes or discussion regarding these minutes? MacCoy: Mr. Chairman, I recommend that we accept the special meeting of January 16, 1997 as written. Oslund: Second Johnson: A motion and a second to approve the minutes as written, all those in favor? Opposed? Meridian Planning & Zo~g Commission February 11, 1997 Page 2 MOTION CARRIED: All Yea MINUTES OF SPECIAL MEETING HELD JANUARY 29, 1997: Johnson: Any changes or discussion regarding these minutes as prepared? MacCoy: Mr. Chairman, I recommend that we accept as written the special meeting held on January 29, 1997. Oslund: Second Johnson: Moved and second we approve these minutes as well, atl those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: TABLED DECEMBER 10, 1996: ANNEXATION AND ZONING REQUEST FOR PACKARD SUBDIVISION N0.2 BY PNE/EDMONDS CONSTRUCTION: Johnson: This item has been on our agenda several times, is there any new material, have there been any new meetings. Do we have anything anyone vwuld like to say regarding this application? Borup: Is the applicant here? Johnson: Would you like to address the Commission at this time? Tealey: Pat Tealey I am representing the applicants Ward Edmonds and Ted Sigmont. As you all know this has been a long and sort of an arduous trip to get to this point where we think now finally we can, you can vote for approval on this project. The, we have gone through quite a set of I guess conditions to get to this point. I don't know that I need to labor you with Johnson: No, but you need to tell us what point we are at because we are in the dark here. We don't have any new material from you. Tealey: I guess what I was trying to get to was I believe we had going through all of the different things, the traffic, the studies that we have done we have gotten down to the final point where we need to get sewer to the project was the hinge point of this whole approval. Am I correct in assuming that? Johnson: That is certainly one of those issues that is important to us. Meridian Planning & Zo~g Commission February 11, 1997 Page 3 Tealey: Since this project has been going on for almost two years we have now found a different way to service this project with sewer. If I can go to the map for just a moment (inaudible)This is the preliminary plat for Packard (inaudible) and is going into the first phase of construction soon lies to the south of this. We had a lift station at this point here which would take the sewer (inaudible) main interceptor that Meridian wants to build. (Inaudible) because at that time that was the only viable outlet for our sewer. Since then Chamberlain Estates has hook up to us here on the west and we have now another outlet for sewer that we didn't have before. Our sticky point has always been with this parcel of land right in here this 10 acres (inaudible). We have tried to come up with agreements with him and finally in the first last part of December he finally got his conditions to us and we weren't able to meet those conditions. This again (inaudible). Our option (inaudible) to try to get this sewer (inaudible) with a lift station here and pump it back to Chamberlain. We have had discussions with the City Engineer, he approves this concept, as a matter of fact it is a better solution (inaudible). Johnson: Excuse me Pat, when was the last time you met with the City Engineer? Recently I mean. Tealey: Yes, it was, I am trying to thing, it was January 15, somewhere along those lines, do you recall Gary? Smith: I don't recall the exact date, but it was somewhere in that area. Tealey: We just received a letter from the City Engineer two days ago on Monday; reinforcing this discussion and (inaudible) further to the north (inaudible) started this planning. So we do have sewer outlet now and Johnson: Does that eliminate the need for the easements you were trying to get from Vem Alleman, are there any other easements you need to get for this sewer? Tealey: No, that eliminates the need for the easements through Alleman, again, we tried to deal with Mr. Alleman, he presented a set of conditions to us like I said in December of 1996 just two months ago that we could not meet. We then proceeded to go to this option and I believe we have a solution for it. Smith: Mr. Chairman, my I interject a point. There are going to be some lots in this project that will not be buildable because of this relocation of the sewer. The lift station is going to be placed about mid-way through the north south of that project. Tealey: (Inaudible wouldn't have sewer to them (inaudible) to build this last phase of Packard No. 2. (Inaudible) Johnson: With respect to the ownership of the property there that you have platted for lack of a better term, do you own all of that property? Meridian Planning & Zo~g Commission • February 11, 1997 Page 4 Tealey: Mr. Sigmont and Mr. Edmonds own this parcel, all of this, they have sold off this parcel right here, that was the original homesite on this parcel of ground. It is an existing parcel of ground (inaudible). Johnson: Do you have to go through that property for the sewer or is it north or south of that? Tealey: (Inaudible) Are there any other questions? Johnson: We probably have done, any from the Commission at this time? Borup: Mr. Chairman, this was something started way before I have been involved here. What is the applicant asking for at this stage then? Tealey: Annexation and zoning Borup: And at the time it was just the sewer question was why it has been tabled? Tealey: There were many questions raised, I didn't want to get into (inaudible). Borup: Well 1 mean has everything else been answered then? Tealey: Yes as I understand it. Borup: There must have been a reason for tabling it and at that time the main reason was the sewer? Tealey: Yes it was. Johnson: We will ask staff to comment on that and maybe refresh our memories. 1 certainly can't remember that far back either. I wasn't aware of the recent discussion with the Public Works Department. Anything to add on this item number one then? Tealey: That is it for now unless there are any other questions. Oslund: I don't have a question but I have an observation. I have been on the Commission for I don't know 14 or 15 months and this has been on every agenda since I came here and a long time before that. I think it was two meetings ago we basically drew the line and said we need some closure on this stuff or that is going to be it. 1 think tonight was the night 1 think some of us anyway were prepared to vote this down. And then low and behold you come in at the last minute and save the day. I still think that the other tNro gentlemen on this Commission have been here less time than me and nobody is up to speed on this. I can't, there is no way I can vote yes on this thing Meridian Planning & Zo~g Commission • February 11, 1997 Page 5 at this late date. We had all of these issues and now we have a preliminary plat that is not even accurate anymore because there are pieces of it that this new sewer plan is going to affect your plat. I really think it would be, plus there are people in the audience that aren't totally aware of what the new proposal is. I really think it would be valuable if we were to unfortunately keep it on the agenda and maybe even if there, I don't know if it makes sense to open it back up to the public to take a look at it. Tealey: Mr. Chairman, may I make a comment? Johnson: Certainly, go ahead. Tealey: This is something that I just bring up and the solution didn't come tonight, it didn't come yesterday or today. I have been working with the City on this for well over a month. And since we received the letter from Mr. Alleman indicating his 19 conditions that we fulfill in order to get the easement across his property which was December just before Christmas. We have been working with the City to come to a solution for this thing. This isn't something that just happened. I didn't come in like the knight in shining armor and save it. Certainly this plat has been submitted to you before. We are not asking for an approval of preliminary plat, we are asking for annexation and zoning and that is all. We show you this preliminary plat in order to show you what our plan is. The last phases that can't be sewered when we come in with a preliminary plat to you specifically for that approval vre will then indicate the areas that can't be serviced by sewer. What we are dealing with tonight is just annexation and zoning the way I understand it. Oslund: They are both on the agenda and we don't even have any findings. This thing has been strung out so long, I am not saying it is, it may not be your problem but it is the applicant's problem. In the time that this has been delayed and dragged on you had a total change of face on the Commission. So we are not even aware of what the original conditions were, what the findings were. We have none of that. Before we can act on anything we have to have something to act on, we have nothing other than what you just showed us, nothing on our table. Johnson: What is your comfort zone Keith or lack thereof? Borup: Well I would like to have it move on too, 1 would like some more information. Could we get a copy of the findings, however far back in the archives we have to go? Johnson: We can virtually do anything you want. Oslund: Hopefully they are not on microfiche already or something like that. Borup: (Inaudible) to (inaudible). Meridian Planning & Zoning Commission • February 11, 1997 Page 6 MacCoy: 1 share the same feelings because 1 have also not been through the entire system and I was going to ask the question when Greg finished here is this drawing in our hands, because we haven't seen it here at this table and I would like to have a chance to go through the drawing and some of the material or the material that we are supposed to be looking at. I have no way to have a basis to make a decision that would be grab it out of the air which is not what I do for the way I do business. Johnson: We need a history lesson and we probably need to get staff involved right. Borup: Do we need to do anything more than a copy of the findings and then (inaudible) Johnson: There was a lot of testimony on this issue, I think we need to review everything, there was a lot of testimony, I am not sure it is the same animal. I wouldn't have a comfort zone either and I was here through it all. Oslund: Mr. Chairman, Shari, you kept shaking your head over there when we kept talking about this findings, what is going on? Do we have them? Stiles: There are no findings, no findings have been prepared that 1 have in my records. Initially this project came in with only the 22.6 acres in the northwest portion, the bigger portion there and findings were prepared on that. But after that application was received well from September 1994 and June of 1995 , t believe it is the same one, we got a new application that included the 20 acre Borup property which is that lower piece. So, I don't believe any findings have every been prepared on it. Oslund: I am not going to make a motion but I was thinking about making a motion that would include a call for a reopening this to the public and have a public meeting scheduled for 1 guess the next regularly scheduled meeting and, that is the only way we are going to have enough information to do findings of fact. So with that, and the real positive response I got from you guys, I am going to go ahead and make a motion that we have a public hearing on this issue at the next regularly scheduled meeting and that would give us a chance to have the attorney prepare findings. Borup: I second that. Johnson: We have a motion and a second, comment on the legality of reopening the hearing, is there any problem with that? Fitzgerald: Not knowing the history it sounds, in the file that I have there has been or a find in here findings of fact for annexation and zoning but it has a working copy. I don't know if those are the findings of fact and conclusions of law which Shari was speaking of. It talked about a hearing on September 13, 1994 which was tabled October 11, 1994. Meridian Planning & Zo~g Commission • February 11, 1997 Page 7 Johnson: But that would only be a portion of the property. Fitzgerald: That is right. Borup: If it is not the same property. Fitzgerald: And I have a question, if this is a new application or a different application and there has not been a public hearing certainly there would need to be a public hearing and it would need to be scheduled. Borup: Mr. Chairman, could we ask that of Mr. Tealey, is it the same land? Tealey: We have had this submitted to you for two years. Borup: That is right, that has been our point. Oslund: Two years is not our problem, so let's get that squared away right away Tealey: I understand that, This is not a new application that you see before you. That drawing there has been submitted to you for twro years. Borup: Same acreage? Tealey: Same acreage, same configuration. It boiled down to we went through all of the discussion and we have had discussions with staff repeatedly on this thing and it boiled down to cure the problem with the sewer easement. That is what this all boiled down to. We have cured the problem and now you want to delay it. I can understand why you want to go back and revisit the project because some of you weren't here during that time. I can understand that but this is certainly not another application. Borup: Mr. Chairman, I have another thought, Johnson: We have a motion and a second go ahead with your discussion, but we are going to take a vote here in a minute. Borup: (Inaudible), apparently the applicant is only asking for annexation, we still have the matter of the preliminary plat to address. I think that is really where the concern is isn't it? Johnson: No, I don't think so. Borup: We were talking about Meridian Planning & Zo~g Commission • February 11, 1997 Page 8 Johnson: I don't think that is the only concern. Fitzgerald: If I may interject Mr. Chairman, ftom a legal standpoint based upon what, 1 am sorry I can't remember your name (inaudible) is stating in terms of this is the same application I think it would be advisable for the Commission to go back and become familiar with exactly what we are dealing with. Whether this is in fact the same application which there were findings of fact and conclusions of law prepared for or this is a whole brand new application. I think the Commission from that standpoint needs to become educated. Tealey: I agree, if I may interject that you ought to feel comfortable with this and certainly we are talking about 100 some lots that will be added to the City of Meridian and you should feel comfortable with the annexation and zone that you are going to put on this thing. This is not a new application, I just want to make sure you knew that. And as far as we have known through the process that we have gone through and we have repeatedly met with staff that this was the crux of the sewer and we finally solved it. You can look at us and say you have held this thing up for years and years and when in fact we were trying to solve the sewer problem we just got the list of conditions from Mr. Alleman in December of 1996 finally. He was the one that essentially held the solution to this thing and that is what he did, he held it. Borup: Mr. Tealey, is one month going to cause any, one month delay going to cause any difference on the development of this property? Tealey: The only problem that we have right now is that we are trying to get under construction on Packard No. 1 the first phase. As part of the Packard No. 1 first phase we have to place the lift station and we have designed it and we have gotten approval of it on the construction plans. If we move the lift station we are going to have to get our plans in to get reviewed and this will hold up the construction of Packard No. 1 a month which does cause us a problem. If there, we want to do the right thing so whatever you are comfortable with. It will certainly delay us, wee have finally gotten to the point where we have can see some light at the end of the tunnel as far as this development is going. Maybe the City Engineer could address, I think Gary you would require that we redesign that whole sewer system and get an approval if we are going to move it to the north before you grant approval on Packard No. 1 is that correct? Smith: Yes, that is correct, the lift station for Packard No. 1 the first phase of Packard No. 1, well for Packard No, 1 Subdivision development would have to be moved, gravity line would have to be designed and installed into Packard No. 2 subdivision and that lift station would have to be connected to the Chamberlain Estates. So it would require an addition, modification to the development plans for Packard No. 1. Meridian Planning & Zo~g Commission • February 11, 1997 Page 9 Tealey: What we were trying to do tonight was get the annexation and zoning moving forward on the Packard No. 2 so that we would feel comfortable redesigning the sewer system and moving it further to the north as part of our construction plans. Johnson: I think we are starting to get repetitive here. We have a motion on the floor, all those in favor? Opposed? MOTION CARRIED: 2 Yea, 1 Abstention Johnson: Okay we have a motion to delay and bring ourselves up to speed and for a new public hearing. At this point it is 2 votes for and 1 abstention so we will do that. I would instruct the Commission to get with staff and get abreast of the history of the project so that we are in better position to handle it at the next meeting. Oslund: Mr. Chairman, one last, since we are not reopening the hearing but it is a brand new hearing and given the notice requirements is it going to be possible to do it at the next meeting. How much notice do we need? Stiles: It would be possible, however I would like the applicant to submit a new list of names of property owners within 300 feet because I am sure what we have is out dated. Johnson: Good point, the list we have is over 2 years old, there probably. have been some ownership changes. ITEM #2: TABLED DECEMBER 10, 1996: PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: MacCoy: Mr. Chairman, I would like to see number 2 tabled to the same date which would be next month. Oslund: Second Johnson: We have a motion and a second to table the item until a date certain, March 11, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO I-L BY PROPERTIES WEST, INC.: Johnson: Ycu have the findings, there has also been some correspondence submitted by the applicant. Is there any discussion regarding the findings of fact and conclusions of law as prepared by the City Attorney? Meridian Planning & Zo~g Commission • February 11, 1997 Page 10 Oslund: Mr. Chairman, reviewing these findings, it appears that we are not going to allow the alternative plan that the applicant proposed for omitting the need for conditional use on each and every parcel, am I reading this thing right? Johnson: Yes, the findings of fact conclusion is that the CUP process is necessary for alf applicants. There has been a development agreement a draft copy proposed submitted by the applicant which I believe is an attempt to satisfy our concerns about not going through the CUP process on every structure or tenant in that development. But I am not comfortable with it myself in that it addresses all the use concems. It is a well prepared document, but it doesn't spend a lot of time on use, it spends more time on landscaping and mitigating noises and that sort of thing. It tells us what will not be permitted but it doesn't really in my opinion give us comfort with respect to tenants there and property as it turns over. No question about the initial phase, there would be control. Anyway that is my reading of that. There are a couple of typographical errors on the preparation of the findings of fact. Page 2, maybe 1 just don't read well but this item 4 in the middle of that paragraph, 9 lines down, 1 think it reads better if we deleted the word "that". On page 13, item 26, the sentence beginning with "that while working for Idaho Power" there is a word in there that needs to be changed or deleted. It reads "he the worked to". That is all I have, are there any other changes that anybody else? Borup: Not in that aspect, but I do have some, I have written some proposed changes down. Johnson: Well, let's discuss your proposed changes. Borup: I have a question first Mr. Chairman fhat maybe the Council might ask and that is pertaining to the proposed development agreement. Johnson: Incidentally, I don't think any of us received this early enough to really read it thoroughly. I just got my copy today. Borup: Well my question, generally can an additional development agreement, for one thing this was just a proposed outline for the City to use as it sees fit as I read it. Johnson: Well a development agreement can be drafted either by the City or by the applicant. Borup: Can a second development agreement also be added? Johnson: Well the final document has to be approved by the City Council regardless of its origin. So it can be changed and it can be altered but the ultimate document is approved by the City. Meridian Planning & Zo~g Commission • February 11, 1997 Page 11 Borup: And I say that in light of your comment on not all of the uses being specified. I think they are specified in the zoning ordinance so that leaves it open to everything that is not prohibitive that is allowable in that use and Johnson: I disagree with that, but that is all right. When you say always and does it, for examp{es one of the discussions I had with a member of staff was that contractors yard is not addressed but 1 don't think the applicant has any intention of having a contractors yard in there but he may have. This document doesn't prohibit that. Borup: I think some of those things would be appropriate to include in. The items that 1 marked were specifically, I thought there were 3 of them., 13 and 15 on page 21 of the findings. Those are the items pertaining to the conditional use process. Thirteen and 14 and 15, all three of them. I think those three could be reworded to include the development agreement. I do think maybe though something needs to be refined on that. As you stated the option is there. If we are looking at approving this development as a whole without individual conditional use the thoughts I had would be on 13 is include as a condition of annexation and zoning a development agreement must be entered into prior to any use or development of the property. And basically the same thing on the end of 14, the development of the property shall first require a development agreement. And then just restating the same thing on 15 after light industrial enter development agreement be entered into. I added, well then that wouldn't be pertinent, that does not preclude any additional agreements, apparently that (inaudible). Johnson: Well I will play Devil's advocate. The problem with a development agreement is it is basically a one time document where the conditional use process isn't. Change of occupancy you have an opportunity to review it through the conditional use process. That is the history of developments like this that we have recently annexed and zoned and the City has permitted development on. Is that we have consistently had the conditional use process as part of the agreement. I am not saying that is the only way to do it but this reflects consistency on the part of what we have done in the past for this type of development and that is to protect the neighbors, that is the main purpose of it. Perhaps that can be done with the development agreement, I am not saying it can't be, I don't think it can be done by the one that was proposed to us because I think that has a couple of holes in it. The other, since we are just throwing out ideas here the other thing we talked, I talked with some staff people about is the possibility of maybe, making conditional use for a portion of the project and those areas that lie immediately adjacent to property owners as opposed to the whole project and the rest be handled through the development agreement. That might be kind of a convoluted way of doing it however. So I mean that is the thinking I think where the City Attorney with the testimony that he received and the discussion we had came to the conditional use permit process as just a matter of consistency in what we had done historically or are trying to do to project the adjacent land owners and in accordance with the comprehensive plan. Meridian Planning & ZonlFig Commission • February 11, 1997 Page 12 Borup: I would have the same concern that you had mentioned on secondary use, secondary owner on changing the use. Can I ask that question, what protection does the City have? Johnson: Let's get our paid staff to address that Borup: Without conditional use it what I am referring to. Say a good development agreement perhaps could handle that on the initial business going in but then years down the road a secondary business (inaudible) what protection would there be if there was not a conditional use permit (inaudible). Fitzgerald: Simply when you zone a parcel as in this instance light industrial the zoning provides what is permitted and what is permitted by conditional use. If you go through the list the control that the city has in terms of permitted use is lost. So you are basically going back and relying on the zoning. Johnson: Do you have a comment on that Shari? Would you prefer not to comment? Stiles: Chairman Johnson and Commissioners it is, we are able to have a lot more control during the conditional permit process. It is a very staff intensive and time consuming process. However, with the conditions that have been put on other developments in the City I don't believe that we could reduce that requirement to go through the conditional use permit process when there are properties that are not in the mixed planned use development area that has a result of annexation they were required to undergo that process for each lot. So I don't know if that answered your question. Johnson: No it doesn't but that is okay. Any other discussion? There is always an appeal process on everything we do. Any further discussion Mr. MacCoy? MacCoy: No, not on that. Johnson: What would you like to do on these findings of fact? Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Borup: Second Johnson: We have a motion and a second to approve the findings of fact and conclusions of law as written, this is a roll can vote. Meridian Planning & ZonlFig Commission • February 11, 1997 Page 13 ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy -Yea MOTION CARRIED: All Yea Johnson: Is there a decision or recommendation you wish to pass on to the City? Oslund: Mr. Chairman, I move that the Planning and Zoning Commission hereby recommend 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 applicants or their successors and interests, assigns, heirs and executors or personal representatives enter into a development agreement and that the property only be developed under the conditional use process. And that if the applicant's 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. Borup: Second Johnson: It is moved and seconded we pass the decision and recommendation onto the City as read by Commissioner Oslund, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: PRELIMINARY PLAT FOR MEDIMONT SUBDIVISION BY PROPERTIES WEST INC.; TABLED JANUARY 14, 1997: Johnson: This is a preliminary plat. Oslund: Mr. Chairman, I move that vre approve the preliminary plat submitted by the applicant Properties West Inc. Borup: Second Johnson: Moved and seconded we approve the preliminary plat, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO I-L BY MICHAEL AND MICHELLE MURASKO: Johnson: Any discussion regarding these findings of fact as prepared? If there is none I will entertain a motion for approval. Meridian Planning 8 Zo~g Commission • February 11, 1997 Page 14 MacCoy: Mr. Chairman, I move 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 prepared by the City Attorney. Roll call vote ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy -Yea MOTION CARRIED: All Yea Borup: Mr. Chairman, I move the Meridian 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 applicants or their 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. 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. Oslund: Second Johnson: Moved and seconded we pass the recommendation to the City as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A CHILD CARE CENTER BY RAYMOND CHACE: Johnson: Comments or discussion regarding these findings of fact? MacCoy: Not here, everything I asked for has been taken care of and written in the final document. Johnson: Any other comments? Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Meridian Planning & Zo~g Commission • February 11, 1997 Page 15 Johnson: It is moved and seconded that we approve the findings of fact and Conclusions of law as written, roll call vote. ROLL CALL VOTE: Borup -Yea; Oslund -Yea, MacCoy -Yea MOTION CARRIED: All Yea Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby recommends that the City Council of the City of Meridian 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. And that the property be required to meet the water and (End of Tape) conditional use should be subject to review upon notice to the applicant by the City. MacCoy: Second Johnson: It is moved and seconded that we pass the recommendation on to the City Council as read by Commissioner Oslund, with slight interruptions, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE FORA 2,800 SQUARE FOOT RESTAURANT WITH A DRIVE THRU WINDOW BY JACK IN THE BOX: Johnson: Any comments, any discussion, any changes necessary on the findings of fact as prepared by the City Attorney? MacCoy: 1 had requested some notification for the ADA in here, I don't see it. Johnson: Was that part of your testimony? MacCoy: Yes it was, it got quite lengthy at times. Johnson.: You got lengthy? MacCoy: Yes I did with the applicant on that subject. Oslund: I don't remember that. Meridian Planning & Zo~g Commission • February 11, 1997 Page 16 Johnson: Any other discussion, we can certainly include those as a condition that that testimony be incorporated into these findings of fact rather than having to redo them. Any other discussion? MacCoy: Mr. Chairman, I request that the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Oslund: Second Johnson: Malcolm, not to guide you or anything but would you include there if it is important to you that you would like your comments regarding the ADA requirements incorporated into the findings of fact. MacCoy: I request that my personal comments and discussion on the ADA portion of our findings be including in the final findings of fact and conclusions. Oslund: I will second that amended proposal. Johnson: We have a motion and a second to approve the findings of fact with the slight amendment as stated, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund- Yea, MacCoy -Yea MOTION CARRIED: All Yea Johnson: Is there a decision you wish to pass to the City Council? Borup: Mr. Chairman I recommend that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional use permit requested by application with the conditions set forth similar conditions as found justified a property be required to meet the water uniform fire code, parking, paving and the City of Meridian. The conditional the applicant by the City. MacCoy: Second the applicant for the property described in the in the findings of fact and conclusions of law or nd appropriate by the City Council. And that the and sewer requirements, fire and safety codes, landscaping requirements and all ordinances of use should be subject to review upon notice to Johnson: Moved and seconded to pass the recommendation onto the as prepared, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian Planning & Zo~g Commission • February 11, 1997 Page 17 ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR BUILDING EXPANSION AT MERIDIAN AUTOMOTIVE AND MACHINE BY JOHN NESMITH: MacCoy: Mr. Chairman, I recommend that the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Oslund: Second Johnson: Motion and a second to approve the findings of fact and conclusions of taw exactly as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy -Yea MOTION CARRIED: All Yea MacCoy: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the Ciry Council. That the property be required to meet the water and sewer requirements, the fire and life safety code requirements, the uniform fire code, parking, paving, 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. Oslund: Second Johnson: Motion and a second to pass the decision and recommendation onto the City as stated by Commissioner MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST FOR USE OF MODULAR BUILDINGS BY MERIDIAN ASSEMBLY OF GOD: Johnson: Any comments or changes or discussion regarding these findings of fact as prepared? Borup: Mr. Chairman, 1 move the Meridian Planning and Zoning Commission hereby adopt and approves these findings of fact and conclusions. Oslund: Second Meridian Planning & Zo~g Commission • February 11, 1997 Page 18 Johnson: Moved and seconded we approve the findings of fact and conclusions of law as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy -Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? Borup: Mr. Chairman, I recommend the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sevrer requirements, fire and life safety codes, uniform fire code, parking paving, landscaping requirements and all ordinances of the City of Meridian. The conditional use should be restricted to a period of authorization of three years and subject to review upon notice to the applicant buy the city. MacCoy: Second Johnsen: Moved and seconded that we send that recommendation on to the City, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR A REZONE OF 8.38 ACRES FROM R-4 TO I-L, '/. MILE EAST OF TEN MILE, NORTH SIDE OF CHERRY LANE BY PRESTIGE CARE: Johnson: At this time I will open the public hearing and invite the applicant or the applicant's representative to address the Commission. Steve Williams, 6623 NE 82nd Ave. Portland, OR, was sworn by the City Attomey. Johnson: Proceed, we have got of course the application from you, we also have comments, but if you would just briefly tell us what you have in mind and then we can ask you questions. Williams: Thank you Commissioner Johnson and Commissioners for allow us to inform you of our intent tonight. What 1 would like to do is introduce our architect Melissa Leclerc and Melissa will described what we are doing here. Then 1 would tike to be very concise on some follow up in terms of the nature of the project itself. Meridian Planning & Zo~g Commission • February 11, 1997 Page 19 Melissa Leclerc, 2260 McGilchrist Street SE, Salem, OR, was sworn by the City Attorney. Leclerc: Again my name is Melissa Leclerc, I am with Curry Brandaw and we are here representing the applicant. I believe that our application is to change to an LO zone and not and IL. The reason that we are changing the zone is what we are proposing is an assisted living facility. An assisted living facility is kind of an odd duck, it is not a nursing home, it is not amulti-family use it is somewhere in between. Williams: Assisted living is a residential alternative for senior citizens who come to a point in their fife time where they know they need a more secure environment where they need health care, where they need proper nutrition. They need watchful eyes, services that are not available except through a home health alternative that is rather expensive. Assisted living is an alternative that is rapidly gaining acceptance in many communities across the United States. What assisted living is, is it provides a home in the context of an apartment that is rented month to month. Above and beyond that we provide meal service where we provide 3 meals a day for each resident. We create to a large extent or to a complete extent a secure environment in terms of emergency calls, secure doors, fire, vue meet all of the appropriate required codes in terms of fire and life safety. And we create also to a large extent the kind of home environment for people who need these kinds of services that eliminates the guilt and the avoidance of making this very difficult decision when someone is not able to stay in their home and still be secure and still receive the health care and the other services that this persons needs. Assisted living is not a skilled nursing home where more acute health care services are provide by vre provide quite a bit of health care services that enable a senior citizen to five a very extended period of time and in our community and our assisted living community. Leclerc: I would like to add to sort of flush out the assisted is that it does fall as a use somewhere in between an independent senior living situation and a nursing home. So consequently when it comes to zoning issues we can run across a problem. And that is essentially what we have encountered here. We think that this site is ideal for this use, it is located in a residential area but yet it s also located right off Cherry and will be highly visible. This is great for the residents who seek a certain level of activity as well as providing nearness to most likely their family which would be living in the surrounding neighborhood. These folks are generally unable or unwilling to live on their own at this time but they sure don't want to leave the neighborhoods that they have lived in. So people won't necessarily be coming from out of town to live in these facilities they will be Meridian residents that want to continue to live in Meridian or parents of Meridian residents that want their children, Meridian residents whose parents need to live in some sort of monitored environment. So that is why vre are seeking the LO zone because it seems to most closely fit the zoning that we need. There are in the zoning book, there isn't a pertect category for our use. Certainly the Meridian Planning & Zo~g Commission February 11, 1997 Page 20 R-4 doesn't take care of it, a planned development would maybe meet our needs but the density becomes an issue. What we like to have is a number or residents which short corridors to get to the dining area. That means that we have a 2 story building instead of a one story building. It is fairly dense to make it economic for the developer to provide these services. There is a commercial kitchen, there are common areas, activity rooms, beauty salon, dining area. So we need that added density to make that project fly. Williams: There is a delicate balance in terms of creating a community that is maximizing what a senior citizen is looking for as an alternative to skilled nursing facilities. As Melissa has described that to you our goal is to maximize a residential nature of the community and keep the costs of what we have to charge for someone who is in need of these kinds of services at a minimum. So that is the delicate balance that we strive to achieve as we look at various communities to develop these assisted living communities in. Leclerc: If I could focus on the zoning again, currently there is as you may know there is a single family development to our east and a single family development to our west. We have a long narrow site. It is 25 acres total, we are proposing to only rezone the front 8 acres for this community. The first phase is the assisted living that we have been talking about. That is this building here. The rendering here shows the residential scale and architectural style that we are after. We very much want to be good neighbors so part of this increased density that we are seeing we take a lot of care so as not to impact those adjacent neighbors. This building would be congregate which is similar use to an assisted but it is a step close to the independent living. Their services would be even more housekeeping and meals, these folks might have assistance in bathing or getting dressed or that sort of thing. But again their base service would start with housekeeping and the meal situation and then activities. These five buildings here are senior duplexes where these folks would actually more independent than these folks and so we are (inaudible) and duplexes would be in the second phase as with the congregate. So the first phase, although we are rezoning the whole parcel so that everybody knows what our ultimate goals are the first phase would be this 60 unit building as a combination as you can see of 1 and 2 story (inaudible) 1 and 2 bedrooms and studios, mostly studios (inaudible). And then an actual 1 story Alzheimer's unit for those folks that need that sort of care. Williams: The goal as we look at creating this 8 acre parcel in terms of our desires for zoning is that what we found in our experience and developing retirement housing all over the country is that when someone is looking for alternative housing, housing alternative that when they can come to a community that provides what we call congregate housing which is in the second and first phase is that ultimately what we want to create in this community is a place where depending on the need of the senior citizen they can move into the congregate and then if their need becomes more great or in intensity in terms of health care services that we provide and assistance and what we Meridian Planning & Zo~g Commission • February 11, 1997 Page 21 call activities of daily living that they can stay right within the community where they are planning their roots when they make this very important decision of living on their own. So it is called a continuum of care. When someone is looking for the decision to go to a place like Melissa described in terms of what we call the congregate side it is because they are tired of cooking, they want a place that is a little more secure and gives them a place to do other activities besides taking care of a home. Then as that need changes the assisted living community provides the ability to provide more health care services so that again within the overall community of our eight acres. we can provide for all of their needs. The Alzheimer's care center is one of a very enlightened approach, we have enlisted consultants who I have a great deal of respect for in terms of that kind of care. We provide a residential model that is a very wonderful enlightened approach to taking care of senior citizens needs and again we are developing these communities right now in Oregon and Washington and looking to develop in California and here in Idaho and other states. We opened to projects to date of this kind of prototype and we have received warm embrace by the community. Three instances 1 would like to put on the record in terms of the quality and the nature of our community. One is that the State of Oregon has held training sessions in our community because of the credibility of the kind of service wre provide, they hold some of the training sessions in our community we have in Portland, Oregon. The second thing is that given that we looked at being residential neighborhoods because that is who we are serving the parents that live there and the children of the parents that live there, we provide green spaces, we provide quality class A landscaping. Our project in Milwaukee, Oregon, Portland metropolitan Oregon, received an award as being the most attractive addition to this municipality. So wre recognize that we have a commitment to our neighbors to provide an attractive addition to the neighborhood. And last what I want to put on the record is we had a family come to our manager of this same project. This family had not been on a vacation for what I believe to be about 5 years because of their feelings that their mother didn't want to be institutionalized and they were concerned about that. They found out about the assisted living alternative and their mother moved into our project. Their mother because of the social activities we do and the health care service that we provide and the secure environment she was regenerated. And holistically that is what we are after, the whole human being that they came to our manager and said we have been on our first vacation in I believe it was about 5 years. We have worked very hard at finding and developing and becoming the kind of service the communities who are looking to service senior citizens would want as a neighbor in every aspect. Johnson: Thank you very much, questions from the Commissioners? MacCoy: It sounds like you have been out this for a little bit here. You probably have enlisted the help of medical people who are well grounded in this, and I commend you for that (inaudible). Have you seen the comments from the City yet, do you have any problems with those things? Meridian Planning & Zorirng Commission • February 11, 1997 Page 22 Leclerc: No, in fact we provided a response today and reviewed that with staff and then went ahead and sent an official document, do you have that also our response? So yes we have looked at the comments and are comfortable with each of them. MacCoy: I think after reading our requirements they should fit very carefully with yours because of course we speak to the ADA and you do too on that standpoint. It comes down to a lot of this stuff is just basic smarts (inaudible) you know for a fact, that is my background too so I can pretty well go along with that. On item 7 by number here it points out the two story aspect that you have here and the fact that you have single story on either side of you. What are your plans to help your neighbors. You said you want to be a good neighbor and of course the first thing we hear about from the public is they are looking down into my background now and t don't like that. Leclerc: If I can refer to the large site plan (inaudible) Johnson: Those are nice drawings you need to know that those all stay with us by the way, we need those to do the findings (inaudible) Leclerc: If I can start out by saying that staff raised the same issues which led us our three story building to be lopped off right away to a two story building. I noticed that there aren't a lot of 3 story buildings in this community. Johnson: Our fire department panics when there are two. Leclerc: I would like to point out that there are, this is exclusively single story, there are sprinkled in amongst Sunburst some two story buildings. However, we do recognize the impact that a second story could have on a neighbor. One of the things that we have done to address that is to not have the units are laid out with a corridor and then units on both sides. We have twisted the building in an attempt to not have our units be peering down into somebody else's backyard. At the wing end of the building, there would be a one story feature and then two end units. This unit would orient toward the courtyard and then this unit would orient out the lots that are impacted by that are minimal. We also have a 20 foot setback at this corner so that is the closest we get to the property line and then of course on a diagonal it backs off dramatically quickly. This two story building we would anticipate doing the same thing where the units are oriented either into the courtyard or out in this direction rather than again into somebody else's backyard. On this side these duplexes are one story and so there is a buffer there between the single story buildings on the west. MacCoy: You show trees on there, what are the trees like, are they 30, 40 feet tall? Leclerc: Not right away, along the western side there is an existing 40 foot easement dedicated to the irrigation district. What we have worked out with the irrigation district is while the easement is 40 feet wide and typically they won't allow any trees in that Meridian Planning & Zoning Commission February 11, 1997 Page 23 location. What they are proposing to allow us to and they conceptually agreed to is that they wi gravel road and then the 10 foot (inaudible) drai would normally just have to have grass and very to put trees so we would propose to (inaudible neighbors are impacted. do or what we are proposing to them II have to maintain that 10 foot wide n tile. But that other 20 feet where we little bushes they will actually allow us especially in those areas where the Williams: We develop these kinds of projects in neighborhoods like we are proposing here in Meridian and in fact the one in Portland that I described in terms of where we got, what we find is that we are very sensitive in finding trees that do grow fast in those site areas and we are very conscience about that. The other thing that we find is given the fact that these are senior citizens because we angle them we minimize as Melissa said the number of lots that are exposed. That senior citizens living in that second story with these angles is much less of a threat than another kind of population that might be there. In addition with all of the mitigation we try to do with angling the building. MacCoy: Well I agree with but and you look at your neighbors they don't see it as straight as you do because they feel it is a body looking down that they didn't have before. Leclerc: If I can also note (inaudible) while we do have (inaudible) none of the second story units have patios so there are windows that overlook but there wouldn't be people actually hanging out on a deck. Williams: We provide blinds (inaudible) MacCoy: Since we haven't called them out in here but I am sure that you have elevators internally in the building. Leclerc: We have one elevator centrally located. MacCoy: And your kitchen is on for a different elevator? Leclerc: This kitchen is on the ground floor. MacCoy: How do you serve, you serve on the ground floor only? LeClerk: We have a common dining room where everybody eats. Each of the units is equipped with a kitchenette, it is really (Inaudible) but meals are provided as part of the rent so (inaudible) effective way of making sure everybody is well and healthy. Williams: We spoil our residents it is a restaurant style service where they have a choice of two entrees for each meal. Meridian Planning & Zon• Commission • February 11, 1997 Page 24 MacCoy: (Inaudible) my mother lives in a place similar to this in San Diego and she is unable to go to the dining room because she has got a head cold or whatever they don't her down there so they have a separate elevator system to take up meals to them in their room. Williams: For those specific kinds of needs we make that available yes. Oslund: I just echo the concern about the adjacent neighbors, there was a development that was some sort of assisted care, I am not sure exactly what it was, it was approved before I came on. It is right on Pine Avenue, east of Linder. And their neighbors to the west, I think it is a mobile home or there may be some single family homes there too. They put in a single story facility right next door and it had a very high gable on it and it was very intrusive. I think there are things you can do with trees but and I don't know how you quantify this or anything else I just hope that if this is approved that you vwuld, as the trees are put in they are put in strategically so that it blocks some of those views rather than just kind of going out there and putting them in every 20 feet. I would rather see them put in strategically in a way that could help with those views because people that live next door to this may not be somebody looking down but they are the ones that are impacted by this. Other than that I think it is a great idea, I think it is much in need and knowing this from first hand experience last year with my father something like this is really needed. Leclerc: If I could make a quick comparison to that facility. I don't know if you recall, but the property line and those neighbors, the building is parallel to that. So it just doesn't happen quickly and then kind of fades off, it is window after window all running right parallel to the property line. That is a serious impact. MacCoy: We discussed that with them at the time when they came up here. Williams: In terms of Commissioner Oslund, in terms of your concem, what we do is once a building is two stories we have a landscape plan that is approved by the City but if there are any improvements we can do (inaudible) sensitive to that. Johnson: Commissioner Borup any comments or questions. Borup: I think Commissioner MacCoy asked the ones that I was thinking. I do have one on, you said you had read all of the staff comments, I know there are some on tying in sidewalks and some of that type of thing. The only one I didn't know if it was addressed was on the comments from the fire department on access to the large building there 106 I think it is called. I know the Fire Chief was concerned about access to the rear of that. Leclerc: It was actually many months ago now but I did have a conversation early one with the fire department and this 12 foot fire lane here was added based on that Meridian Planning & Zor~g Commission • February 11, 1997 Page 25 conversation which means that we have now all adequate fire access to this building. This here has, there if fire access here and then Gemstone Drive as a public street there is fire access here too. So when we had our conceptual meeting it was, what we had proposed was adequate and if there is some discomfort on the part of the fire department we would certainly want to address that and extend fire lanes or relocate them as the fire department feels comfortable. We would want to work with them. Borup: His comment I think was on December 13 Leclerc: And actually the conversation that I had with him was many months ago so it was way before December 13. But again we can (inaudible) Johnson: Okay, thank you very much if that is all you have then we will invite testimony from the public at this time. Anyone in the audience that would like to address the Commission on this application at this time please come forward. William Carroll, 1778 N. Morel, Meridian, was sworn by the City Attorney. Carroll: I guess the main concern I have is extending Morel through if that is going to be the primary way into this facility. The biggest problem is on Gemstone, I am on the comer of Morel and Gemstone, property adjacent to this area that they are talking about. Along Gemstone the streets in the subdivision during the winter are not taken care of by the County. When it snows in there the snows stays until it melts basically. Along Gemstone there is probably 30 young children that stand out on the sidewalk for the school bus and things like that. The increase in traffic is just going to be an increase in danger. There was a facility built when Cherry Lane was worked on here a year and a half to two years ago, an entrance into that piece of property and I was wondering if that was going to be the primary root into this facility or is Gemstone going to be the primary root into this facility? That is my main concern. Johnson: Thank you, any other questions? Anyone else that would like to come forward? Jeffrey Vrba, 2892 W. Ann Street, Meridian, was sworn by the City Attorney. Vrba: I had a letter from another homeowner in the subdivision, Lawrence Stinger and his wife. I am going to go ahead and hand that over to the Chairman here. He voiced some of his concerns which was mentioned before. Some of the main concems be in the main access into the area there. With that being a main entrance into the new facility being there the amount of traffic coming through the subdivision right now would increase tremendously which would be detrimental to some of the younger kids that are in the subdivision. A couple of other things that he mentioned that he was concerned with the two story buildings being put in there that the view of the mountains and stuff that we presently have right now may be disturbed and we are looking at the gables of Meridian Planning & Zo~g Commission • February 11, 1997 Page 26 the building rather than up into the mountains. He had a couple of other little comments which 1 will go ahead and drop that off with you. Johnson: We will enter that into the record thank you. Vrba: A couple of concerns we had as an association, we have had two meetings since the first time that this company decided to go ahead and place this building in our neighborhood. What was, our main concems are with either Gemstone as a main access to it you will either be coming off of Cherry Lane through bing street or off of Ten Mile through the subdivision. I know right off of Bing Street we have right at the entrance there, there are about 10 young children at the ages of anyplace from newborn up though about 8 or 9 years old right now. Our subdivision has approximately 120 houses in the subdivision with two entrances which is leading to be a minimum of 60 cars leaving each entrance during the day going and working in the morning and coming home in the evenings so we get a lot of traffic going through the two entrances that we presently have. And according to their little map here, just north of their proposed building site there, there is another subdivision going in and the main access to if apparently seems to be off of Gem Stone also so we will be drawing even more traffic through our subdivision. We brought it up in our meetings past that we were wanting to get speed bumps in there just to slow down the present traffic which we have now. That is where our main concern is, the increase in traffic. flow. If that is going to be the main access there we are going to have possibly bigger trucks delivery trucks delivering food for their kitchenettes that are going to be serviced in there. The way the drawing looks there they will ptobably be coming through our subdivision rather than going right off Cherry Lane through their main thing there. That is where our main concern was if it does goes in wee try to limit the access through the Sunburst Subdivision into this establishment here rather than having that as one of the main accesses. Johnson: Thank you, any questions of Mr. Vrba? Anyone else that would like to come forward at this time? Kenneth Tetrault, 2830 Gemstone, Meridian, was swum by the City Attorney. Tetrault: I guess I agree with the other members of our subdivision who have been here regarding access to the area. I will say that I welcome the idea, it is a good concept and Meridian does need such a facility. As has been stated we have probably 50 small children in that subdivision and I think that our streets in that subdivision were designed as conveyances for local traffic not for areas for another complete neighborhood as 1 see it. There is 170 some units there which means 170 more families to provide traffic access for. I don't believe that our subdivision is designed to handle that. That is about all I have. Meridian Planning & Zo~g Commission • February 11, 1997 Page 27 Johnson: I need to ask of some of you, have you had any contact with the applicant or have they had any type of homeowners meeting there. Are you aware of anything (inaudible) Tetrault: Not that t am aware. Johnson: Thank you very much, anyone else that would like to address the Commission at this time? Not you Mr. Vrba, I will get you in a minute, let's get some fresh ideas. Anyone else? Okay you are on. Vrba: Well what I was just going to bring up with the subdivision meetings we have not formally had an opportunity to have any of the members of the board any anything else with any of our meetings here that we had. Once again as the Board we discussed we didn't have a problem with the said plan of the facility going in but the main concem was with the access. If they are interested in coming to one of our meetings we have the next meeting on the last Tuesday of the month. (Inaudible) Johnson: Thank you very much, opportunity for rebuttal and to discuss the questions that were brought up. Williams: I have small children so I share their concern about traffic issues. I do not attempt to diminish the significance of their concerns. I think what I would like to point out to our potential neighbors is the reason why we chose this site is that the access from Cherry lane is very visible and all of the development we have done across the United States something that is very important is that we wilt put signage there off of our access from Cherry Lane, we are going to create a nice parkway sense there so it will draw attention to people who are looking for our community. So that what we found in all of the traffic patterns and all of the development that we have done is that with this kind of visibility and this kind of main entrance off of Cherry Lane is that most if not all of the traffic related to our communities will be access through that visible main access point. In terms of the connections from Gemstone to the other neighbofioods we are being required to do that by the Highway Department this isn't something that we have been given any latitude to do. It has been something that we are being required to do by the highway department that regulates these kinds of connections and traffic issues. Johnson: Have you met with them? Leclerc: Yes (inaudible) can I also state that we actually sent a flyer. We had a neighborhood meeting in the fall and there were only seven people that showed up. So we did make an effort, we would though like to meet with the homeowners association as well. We did send out mailers to everybody in the neighbofiood. Actually both adjoining neighborhoods and the one across from Cherry. Meridian Planning & Zo~g Commission • February 11, 1997 Page 28 Johnson: Are there any other issues that we didn't touch on the questions that were brought up. Most of them seem to center on children and traffic and the view of the mountains which I don't suppose we can do anything about unless you want to build a glass house. Williams: The other thing that I would like to state on the record is that in terms of traffic the people that will be living here most of them will not be using cars. (End of Tape) traffic issues of which I share with the comments that have been made because this is oriented to seniors who are in need of health care and services and housing, that the amount of traffic we have in this community is greatly less than the typical multi-family community. Leclerc: If I could also state that wa would anticipate that Gemstone would actually remain as it is until the second phase. We want to put that off also as long as possible. It is a condition of approval by Ada County Highway, the Ada County Highway Commission but in the first phase what we are anticipating is only to service the front building to provide a turn around as a way back out. But we anticipate using only Cherry for ingress and egress. And hope that too by the time that second phase goes in that our main entrance would be well established and we would be well known and that anybody going into the second phase facility, it wouldn't even occur to them to drive through the neighborhood untess they actually lived in the neighborhood and were visiting a resident. Johnson: Thank you for your comments, anyone want one last shot here before I close the public hearing? Seeing no one then I will close the public hearing at this time. What would you like to do? Oslund: Mr. Chairman, I move that vwe have the City Attorney prepare findings of fact. MacCoy: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law on the application for conditional or sorry a rezone to L-O which is the correct application zoning request not t-L, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST 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 & Zo~g Commission • February 11, 1997 Page 29 Johnson: I will now open this public hearing, the applicant's need to be sworn again. You may incorporate all of the previous testimony into this hearing as well if you wish. Steve Williams, 6623 NE 82nd Ave, Portland OR, was sworn by the City Attorney. Melissa Leclerc, 2260 McGilchrist Street SE, Suite 100, Salem, OR, was swam by the City Attomey. Johnson: Any further comments, or do we have a request from you to incorporate your prior testimony. Williams: Yes please do so. Johnson: Okay, anyone from the public like to address the Commission on this application, this is the conditional use portion. Robert B. Morrison, 3841 Woodmont Drive, was sworn by the City Attomey. Morrison: I own the property at 2824 Candice which this portion of their complex will have a common lot line with me. 1 have the same feeling as the homeowners association even though these people won't be driving cars these are the type of people that have a lot of guests that do come in that do not live from this area. The traffic coming in and out of a single dwelling complex that Sunburst is, is very much of a concern to the people of the Sunburst Tract. I just think that the City of Meridian needs a complex like this. I have no disagreement whatsoever. But if the traffic could be controlled because it is a business rather than a regular housing complex could be arranged so that the traffic would be contained to their property not the other tracts around would sure help up with the zoning and planning to look at it even though Ada Highway does require certain openings, I can understand that too but I would like you to take it under consideration the fact that these type of people will be having a lot of visitors and so forth. But I am thankful that we are getting this type of a set up rather than like over on Eagle and that area that those people have been arguing with the commission and so forth about. All I can say is thank god we got this one and not one of those. Thank you Johnson: Thank you we appreciate that. Anybody else? I will close the public hearing at this time. MacCoy: Mr. Chairman, I recommend that we have our counsel prepare findings of fact and conclusions of law for this item. Borup: Second Meridian Planning 8 Zonlfig Commission • February 11, 1997 Page 30 Johnson: Moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law on the conditional use permit application by Prestige care, all those in favor? Opposed? MOTION CARRIED: All Yea TEN MINUTE RECESS ITEM #12: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR EXPANDED BLEACHER SEATING, ACCESSORY STRUCTURES AND MOVING TWO RELOCATABLE CLASSROOMS BY MERIDIAN JOINT SCHOOL DISTRICT N0. 2: Johnson: I will now open the public hearing and ask that the applicant or the applicant's representative address the Commission at this time. Wayne Thowless, 1735 Federal Way, Boise, was swum by the City Attomey Thowless: Mr. Chairman, members of the Commission on behalf of the Meridian School District I would like to briefly give you an overview of the proposed project at Meridian High School. The High School currently at the varsity football field and track has a bleacher unit with a seating capacity of approximately 380 seats. The School District, the Board of Trustees has made the decision that the district needs to rely less on Bronco stadium for home football games and hold the majority of the home games within the district at the home school field. That necessitates a significant expansion of seating at the high school. The proposal before you is to expand that bleacher seating to a total of 3416 seats. The parking lot at the high school has a capacity of 855 spaces and at a ratio of one parking space per 4 bleacher seats which is a well established ratio in jurisdictions around the country that would allow a total seating capacity of 3420. We are just under that. I am going to step over to the drawing here and explain a bit more about the project. At the high school located basically at the comer of Linder and Pine the existing football field and track are behind or to the north of the main complex of buildings. It is proposed that about 213 of the seating capacity would be on the home side of the field or the south side closest to the buildings of the high school Approximately 1/3 of the seating capacity would be on the visitor side or north side of the field and track. There is an existing grass berm on that north side of the field which would be leveled to accommodate the new bleachers on that side. The field lighting for the track and the football field as you may be aware has already been constructed by the district so the project before you this evening is simply an expansion of the bleacher seating, a proposal to build a permanent and larger than presently exists concessions building and press box structure. In order to accommodate the new bleacher seating on the south side of the field 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. There is currently no fencing of any type along the north boundary of the school property. It is Meridian Planning & Zo~g Commission • February 11, 1997 Page 31 proposed as part of this project that a 6 foot chain link fence be constructed along this entire north property line behind the visitor bleachers and the visitor side of the field. Additional fencing would be provided within the track and football field complex itself to keep spectators off of the field and off of the track and also to segregate the visiting crowd from the home crowd to hopefully alleviate or minimize problems. In a nut shell that this the proposal of the school district. I would like to if I could before responding to questions, address the staff report which we and the school district have reviewed. The most significant item in that staff report is the question about toilet facilities for this bleacher expansion project. There are of course ample toilets within the Meridian High School complex, the permanent buildings. However the district has found from experience that opening their full facility for home football games or other major events that might be held in the stadium is very problematic from both a security standpoint and a maintenance and janitorial standpoint. Eagle High School as you may be aware developed a similar project to this approximately a year ago. This past fall held a series of home games there in a stadium with roughly the same seating capacity. At Eagle High School there is a permanent exterior restroom with doors that open to the outside of the building adjacent to the football field with four toilets in the men's room and four toilets in the women's room. At the home games the district augmented those permanent facilities with rental toilets and the exact quantity of those rental toilets varied from game to game but the principle indicated it ranged between 5 and 7. He also indicated, has indicated to us that seemed perfectly adequate for the crowds on hand. At least one of those home games was absolutely sold out and the bleachers were filled to capacity. In the staff report, mention is made of some toilet ratios out of the uniform plumbing code for assembly and gathering type spaces or facilities and a calculation was done by staff using those ratios out of the plumbing code and on page 4 of that staff report what the assessment is if you were to go with those plumbing code ratios the requirement would be for a total of 35 toilets between the two or divided between the two sexes. The school district feels based on their experience at Eagle High School that is excessive. What the school district would like to propose is that a total number of toilets more in line with what they have found with what is adequate at Eagle High School be provided for events being held in the stadium and those toilets not be required at least all of them to be permanent and not all to be handicapped accessible because the district would like to meet some of that facility need with rental toilets as opposed to a large building permanent structure that would have that total number of plumbing fixtures in it. The district is certainly willing to open one or more of its buildings with permanent and accessible toilet rooms in it to crowds in addition to the rental toilets provided. But does feel the number of fixtures as proposed I the staff report is excessive. I would stand for any questions that you have. Johnson: Well since we are on that subject specifically for the maximum capacity they are looking at 21 water closets for females and 6 water closets for mails and 8 urinals. So combinations thereof would work. I have a question concerning the existing facilities that are somewhat adjacent to the track now. It is my understanding there are Meridian Planning & Zo~g Commission • February 11, 1997 Page 32 some on the eastern end of the building there are also some through the ag shop, is that correct? Thowless: Yes, there are restrooms that could be made available in the lower level of the gym and that is on the west side of the complex. And in the vo-ag building which is on the north side of the high school complex actually that is one of the closest buildings to the track and the football field. Johnson: I understand the problem of opening that up without some sort of control you would have to have that. But if those facilities were available what would that do to the numbers in terms of the numbers presented here, I am not familiar with those facilities. Thowless: If both of those restrooms were opened up you would have more rest rooms more permanent rest rooms than they have been using at Eagle but not as many as proposed I the staff report. I don't have an exact fixture count for those. The school district would be willing and actually fully intends to provide rental toilets in addition just so that the walk is not as long especially from that visitors side of the field all the way to those permanent buildings. There are some people that legitimately would find it difficult if not impossible to use the portable type of toilets. But for many people that would serve them just fine. And so the district understands that and at least one location a permanent and handicapped accessible facility would need to be made available and is willing to do so. Johnson: You have addressed your comments specifically toward football, do you see any other use that might necessitate or handling crowds of this magnitude? Thowless: The bleachers would also be used on occasion for track meets, track meets and football games would be the two principle uses of the facility. There may and this would be a very remote instance but there may be an occasion where some other special event might be held there but that would definitely not be a typical occurrence. By and large the football game crowds would be probably the only ones that would actually fill to capacity the bleacher seating. Johnson: And we are talking what five or 6 of those annually? (Inaudible) Thowless: We have both a representative from the district and from the high school here that might be better able to answer questions about policies and use of the facility. Johnson: We can defer that then. On the, we don't like to be compared to Eagle but since you brought it up, because we are tougher than Eagle, is there a projection or is there thinking down the road that maybe if we permitted temporary use I mean use of temporary facilities like the rental units, port-a-potties, that might be a short term solution down the road with funding or we might be build some more permanent facilities or are we restricted there in terms of space to build any permanent restrooms? Meridian Planning & Zo~g Commission • February 11, 1997 Page 33 Thowless: Additional permanent rest rooms to serve the field and the bleachers is definitely in the long range thinking of the district and the school. One thing that I have not addressed yet and when I am finished with this question I would like to is the issue of the press box and concessions facility that is proposed. That will not be constructed with district funds but will be constructed as a project of the Meridian High School boosters. On the ground level of that facility there have been discussions about possibly incorporating some permanent rest rooms there. That would not nearly be the number of total fixtures as proposed in the staff report or even the total number of fixtures that Eagle is currently using but it would be a step in the right direction. Still additional permanent toilets might be constructed at some point in the future on the visitor side of the field. There are no concrete plans however at the present time to do that. The Board of Trustees has given no direction in that matter. It is simply a discussion item at this time. If I might go back over to the drawing I have a schematic design for the press box and concessions facility that is being planned at Centennial High School, the design and specifics of the structure to be built by the boosters at Meridian high is still In the formative stages and so I show you this just to give you some concept of what the general scope of what this press box and concessions structure will be. But it should be noted for the record that this is not the specific design that we may end up with at Meridian High School. Johnson: Let's quickly stay with this subject and see if the Commissioners have any questions if they don't then we can move on. Oslund: Thank you Mr. Chairman, I have a couple of questions. How do you intend then to serve the handicapped users in the visitor area for restrooms? Thowless: They would at the present time have to use one of the restrooms in the main building. Oslund: So they would have to go around the track, around the fence, and I don't see anything in here that looks like a sidewalk, are there any sidewalks that would be on the outer separation? Thowless: We are proposing at a minimum compacted gravel or road mix pathway around the west end of the field to the visitor side bleachers. Oslund: How about in terms of noise, obviously there is going to be an increase in noise here are you proposing any mitigation for noise? Thowless: No, there is really no effective noise mitigation measures that the district could possibly afford. I mean basically the only thing possible is to build a huge barrier or sound wall which would be cost prohibitive for the district or to entirely enclose the facility which of could would likewise be prohibitive. Meridian Planning & Zo~g Commission • February 11, 1997 Page 34 Oslund: The auto occupancy that you have 4 per vehicle, what is the source of that number? Thowless: That is a ratio that is fairly typically used for high school gymnasiums and other assembly, the auditoriums and things of that nature at secondary schools. That is the ratio for example that Boise City uses. Oslund: Did you check it all with like tTE, the ITE parking generation manual? Thowless: No Oslund: That is all I have MacCoy: To go back about what Greg brought up about the handicapped and the visitor section. You mentioned a path or walkway which is gravel. Thowless: It is a mixture of compacted sand and gravel, it creates a very hard surface that water can percolate through so it doesn't become muddy or rutty like typical topsoil or sod or turf would in wet conditions. MacCoy: I am concerned about somebody in a wheelchair type trying to get through there and that is pretty if it is not compact it becomes quite a job to do that. I had another one 1 can't think of it. Johnson: That is okay, we can come back to it, Mr. Borup do you have anything before he moves on. Thank you, go ahead and move on. Thowless: On both the home side and visitor side of the field there are some bleacher sections which are ten row and some which are fifteen row. The fifteen row tend to be closest to the 50 yard line. On the home side of the field behind the 15 row section of bleachers a press box structure of masonry or concrete base something like you see here is proposed with the (Inaudible) press box approximately 20 feet above grade. The press box itself would be approximately 40 feet long, 8 foot deep, fully enclosed with glass windows and be used for announcing score keeping 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 stair to grade on the back side. Within the masonry or concrete base would be a concessions area. That concessions area depending on how the boosters decide they want to go with the project if it was developed with water and sanitary facilities they would actually do some preparation of snack items in there such as roasting hot dogs, popping popcorn, etc. If the boosters decide that plumbing that concession structure is cost prohibitive or undesirable for some other reason by health department regulations all that would be dispensed out of that concessions window would be fully prepackaged items that don't Meridian Planning & Zon~g Commission • February 11, 1997 Page 35 require any handling of food stuff by the people working in there. These elevations just give you a very basic idea, side views of that structure and bleacher seating coming off of it and front. The rear view with the concessions facility at grade and the front view facing the field showing the windows and the press box above the bleacher seating. Again, I need to reiterate that this is a concept that is being used in Eagle and there may be some variations when we are all said and done with exactly what takes place at Meridian this should be very close to this. Johnson: Do you have anything further to add? Thowless: I think that takes care of my comments. Again wee do have a couple of representatives from the district that may wish to make some comments. Johnson: If they wish to make comments at this time they may or may after the testimony from the public whichever they wish to do. Okay, is there anyone from the public that would like to address this application? Jim Reed, 3977 Thom Creek Court, Meridian, was sworn by the City Attorney. Reed: There were a couple of questions raised a minute ago about the bathroom facilities. I would like to show you where those exactly are on that one drawing. Johnson: Since there is no one from the audience that (inaudible) Reed: The bathroom facilities that are in the buildings that we would use would be in the gymnasium right here at the north end of the gym. It would be in the Ag building approximately right here and there is also, a comment was mentioned about the visitors handicapped access and there is bathroom facilities in the auto shop building. Visitors side here would be a little more convenient as far as accessibility. Johnson: I have a question to ask that I just don't know the answer to. On the rental facilities do they make, because I have never seen them, do they make handicapped facilities that are on a portable basis? (Inaudible) (Inaudible) Johnson: Anything else Jim? Reed: There was mention of the home games and there would be 3 varsity home games. We currently play sophomore games and freshmen games, have track meets. By far the bigger crowds would be the varsity football games and we just have 3 of those. Oslund: Three games per season then? Meridian Planning & Zon~g Commission • February 11, 1997 Page 36 Reed: That is how many this year, there might be four, vary a little bit. There would never be very many varsity football games. Johnson: Those games are played I assume all in the evening? Reed: The varsity football games uwuld be in the evenings. Johnson: Not on Saturdays. Reed: They are in the evening, Friday night at our high school is when they would be played. Oslund: At what time? Reed: 7:00 Oslund: To? Reed: 9:30 or 10:00 Oslund: So by 10:00 things are pretty much wrapped up? Reed: Yes, they would be done and I think the plans we have right now would be to clear the crowd and shut the lights down and come in the next day for clean up. Johnson: Thank you, any other questions you have of the applicant? Mr. Carberry did you have anything to add at this point? Jim Carberry, 3283 Raindrop Drive, Boise, was swum by the City Attorney. Carberry: I would simply like to speak on behalf of Joint School District No. 2 Board of Trustees. We are all very excited to bring varsity football back to the City of Meridian. As you know uve have been successful in doing that in the Eagle area, I don't want to compare Meridian to Eagle I have heard some comments on that this evening but we are (inaudible) has been extremely exciting for us to do that. We have vve of the Meridian school district and especially Meridian High School has been using as you know Bronco stadium since the late 70's. The use of the Bronco stadium has become more and more of a problem, not only for Meridian High School but for Centennial high school as well. As you realize that as this treasure valley grows the growth in traffic grows along with it. It is a hair raising experience sometimes driving from the Meridian area to Broadway Avenue and Bronco stadium. We have lots of parents out there that are very concemed about that in fact some are so concerned that they won't allow children to go to these games. Now you are talking a 25 to 30 minute drive to the Meridian Planning & Zo~g Commission February 11, 1997 Page 37 stadium. Other concerns of course is that it is a fairly large fee for our district to pay to rent and lease Bronco stadium. We would like to get out of that. Other concerns of course are scheduling. Currently we are scheduling 6 high school football teams into Bronco stadium. Once Boise opens their fourth high school it will be seven. We are currently playing as you probably have heard and heard the screams many times playing Thursday night football games in Bronco stadium. We are even anticipating if we don't construct our facilities and get out of there that we will have to go to Thursday night double headers. Now realize that some of those Thursday night double headers, the first game would start at 6:15 the second game may start as late as 9:00 and that is on a school evening and vre don't think that is conducive to high school football. Keep in mind that the Board of Trustees does not say that activity programs are the other half of education but they do play a very vital role in the total education process. Our kids and by saying that our students and our spectators are becoming disjointed with the football program. Granted vve haven't had a greet successful season for a few years, that may have attributed to some of that. But at the same time the drive to Bronco stadium, the Thursday night games, the late double headers have added to it also. For crying out loud we have to keep in mind that schools have to be a part of those students, students have to be part of the schools. Research has told us for years that students are more successful if they take pride in their school and they take part in their school. And because of those various reasons we would like to bring a facility back to Meridian High School so that we can play varsity football games here in the City of Meridian. Currently this coming season we would play about 3 varsity football games. If we got into a playoff later in the season that may be a fourth. Each year the number of varsity games will vary according to the home schedule. Some years there may be as many as five, this coming year for instance there may be only three. So that will vary. With that I would thank you for the opportunity to speak to you. I would turn it over to you and any questions that you might have. Johnson: Thank you, any questions for Mr. Carberry? Thank you, is there anyone else that would like to comment this evening? Greg Meyet, 795 West Overland Road, Meridian, was sworn by the City Attorney. Meyet: I guess I am go over for a minute with this thing. Well like I guess I have just written down some things about this. When like even at junior varsity or even like sophomore games l have seen people standing up out of the stands because the stands are filled because there is not only like other students but there is like their parents and all of that. I have seen people stand up because of that. With the toilets, if they were opened up there vwuld be an inconvenience with the further wise. Because it is like farther away and if they had the toilets then it would be more of a convenience if they were closer. With the inconvenience of the BSU games, if it was more convenient more people would come and then they would pay for the, more people would pay for concessions and it would be easier to raise funds for other school activities. Not just for like football games or sports but even academic needs such as Meridian Planning & Zo~g Commission • February 11, 1997 Page 38 debate. Like traveling needs for competitions and stuff. About the wheelchair issue if they see that the track or that the pathway is not I guess up to the recommendations for that person in the wheel chair then they are probably just going to stay off to the south side if they wanted to. If they are more worried about themselves than just what side of the track they are on. I was like looking at the thing and the bleachers are right beside the track and if like with the pathway if it is not as good as the wheelchair people see fit then can I am sure even with the rule that you are not supposed to be on the track think they would let the people with wheelchairs use that track to get to the facilities were in the Ag building or the other building. I was thinking, speaking of debate because I am in it, we made over a $1000 in one night working concessions and that has helped us a lot to get to our competitions and stuff. If there was like, in our basketball stadium we have quite an amount of bleachers in there and with all the people we get a lot of concessions. So if there are more people with the other games that are outside by the field then I am sure we can raise a lot of money for that. That is all I have. Johnson: I have a question, not so much a question but just a comment and I guess a question. Under the current concession situation at Bronco Stadium now don't you have to share that revenue with another organization like Marriott or whoever it happens to be, Fine Host or whatever. Isn't a percent of that doesn't come to you that would come to you ff you had the concessions at Meridian? In other words you would get a bigger share? Meyet: I am not sure, I haven't worked concessions at BSU but if that was true, yes. Johnson: I am pretty sure (Inaudible) anyway you did a good job, Mr. MacCoy probably has a question for you about the wheelchair. MacCoy: On the wheelchair which you have already heard and spoken to, is that track a, one of the new type tracks. I have not seen this track and 1 know a lot of tracks are cushioned tracks which would make very good travel for a wheelchair or are they cinder track. Meyet: I am not sure what it is made out of MacCoy: So really would you say we should go ahead and build a walkway around there that a wheelchair can use so we wouldn't (inaudible) Meyet: Yes it would be better than (inaudible). MacCoy: One last part of that. Since this is a highly talked about project, this whole thing the bleachers and everything else, there seems to tie a lot of school enthusiasm over this thing. Is there any student involvement in any of this material, like could they Meridian Planning & Zonlfig Commission • February 11, 1997 Page 39 for example take on building a walkway or something and helping out? Or is that off limits to you people. Meyet: I am sure most kids would do it if they got paid for it Johnson: What we are talking about here is volunteer work. The people sitting up here in front of you are all volunteers, we don't get paid with the exception of the attorney on the end. He is the only one that gets paid. Meyet: It depends on the student, I wouldn't really know. I am pretty sure there would be a few students that would be willing to help out. If they wanted a track like this which I think a lot of students would then I think they would help out. Johnson: I think if we wanted it bad it enough you could get plenty of students to help you out, I think you need to just test those waters. I think you will get a good response. MacCoy: Thank you very much. Johnson: Anyone else? Alloys Schlekeway, 2090 West Pine, Meridian, was sworn by the City Attorney. Schlekeway: I have some concerns with one I don't quite agree with four to one as far as parking is concerned. That will clog the streets I think. Four to one is reaching a bit to where it tends to be closer in between 3 to 1 and 2 to 1 in my opinion. (End of Tape) my property borders, it would be the west boundary. The concern that I have is night time activities at the school tend to bring kids and I don't know, they can easy do smoking and chewing and drinking and stuff off of school property where they can't do it on school property because they get in more trouble for on school property. So they tend to go to buffering zones and typically a lot of kids smoke behind the fence. There is a wooden fence between the Ag shop there and the thing there. With that fence being wooden and completely hidden from the bleachers with the lights out there and the darkness behind the fence would tend to me add a zone for that kind of behavior and that is something that I wouldn't like on my property. They mentioned about putting a chain link fence on the north boundary but nothing on the west boundary. So I am concerned that wood fence is not much left of it. I have no buffer between that and my property. This will definitely change the value of my property on that side with that much noise and that kind of activity because to develop that and people aren't going to want that exactly in their backyards so those lots would not be worth as much against that boundary. So that is a concern for me also. MacCoy: Do you think four times a year is too much? Meridian Planning & Zon~g Commission • February 11, 1997 Page 40 Schlekeway: I don't see four times a year, I see that many games a year but I also see the freshmen, the varsity squads, the sophomore games, the different squads. They are talking just the main games, I am talking other games and other schools like Kuna and different schools that don't have as good facility will wind up coming and using the better facilities for different tournaments. When tournaments are held in this area typically they go to different areas. So A-4 and stuff -ike that. So there is definitely, I know right now the plans are just for Meridian use but it always expands in the future. So I can see this being used 10, 15, to 20 times a year. That might be an exaggeration but I think they are part of and 4 or 5 (inaudible) those are my major concems. Well a traffic light on Linder and Pine was one other one but I think that is already being address by Ada County on that. Johnson: We wouldn't have any jurisdiction over that anyway. I have a question, I am always interested when people talk about their property values going down. Have you talked to you Realtor about that or is this just your conjecture. We hear this but we never know the source of that comment. Schelekeway: That is my personal opinion as someone that is involved in the industry. Johnson: Any further questions? Thank you, is there anyone else? Is there anyone representing the applicant that would like to respond to any of those concerns, about Kuna using the field or whatever or maybe the fencing. Reed: Right now, we have no plans to let other schools use that facility. Now we are going to take great pride in taking care of that facility so we don't practice on that field, we practice on the west practice field. So, to let other schools come in and use it would be prohibitive of our goal there. The fence, at games the security will be, we will have all the vice principals, we will have police, we will have our student resource officer from the school. So we will have heightened security. We don't want to cause problems with the neighborhood that is the last thing we want to have. So we are going to have more than enough security. We may have some varsity football coaches as added security. There are no guarantees on some of that where kids go, but security helps and I think the fencing that we have planned right now will help to where if you enter the home side then you are on the home side you can't go into that west side open area. Now the visitors would enter and walk around the west side to the visitors side, they would have access to that fence and that field and stuff. The majority of the crowd on the home side would be fence in area, like I said added security. Johnson: Any other questions for Mr. Reed? Give me your opinion now as an educator and being in the profession for a long time do you think you have to pay kids to get them to help on a community project like this? Meridian Planning & Zoning Commission February 11, 1997 Page 41 Reed: No, we get our football team out there doing stuff, we will get done what needs to be done. We have plenty of kids anxious to play football at Meridian. We have volunteers, more than enough. Johnson: Thanks Jim, anyone else before I close the public hearing? Moving along I will close the public hearing at this time. What would you like to do gentlemen? MacCoy: Mr. Chairman, I would recommend to our attorney to prepare findings of fact and conclusions of law for this project, the expanded bleacher seating, the accessory structures and the classroom moving. Borup: Second Johnson: We have a motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 5 ACRES TO TE, TECHNICAL DISTRICT, BY B.W. INC.: Johnson: I will now open this public hearing and invite the applicant to come forward and present the project to the Commissioners. Dan Torfin, 250 S. Beechwood, Boise, was sworn by the City Attorney. Torfin: Mr. Chairman and members of the Commission this request is for annexation and zoning of a 5 acre parcel located on the north side of Lane Industrial on the east side of Locust Grove. It is submitted to facilitate the development of the Meridian Joint School District's middle school academy which is the next item on your agenda. With that brief presentation I will stand for questions. Johnson: Thanks Dan, questions for Mr. Tortin? Thanks Dan, anyone from the public that would like to come forward? Seeing no one then I will close the public hearing. Do you have any further comments, 1 can reopen the public hearing if you are not through. Tortin: I think that covers it (inaudible). Johnson: We would need findings of fact also prepared on this if you are prepared to do that. Oslund: Did we already open that up to the public. Johnson: Yes Meridian Planning & Zoning Commission • February 11, 1997 Page 42 Borup: Mr. Chairman, I move we instruct the City attorney to prepare findings of fact and contusions of law on this annexation. Oslund: Second Johnson: Moved and seconded that we have the City attorney prepare findings of fact and conclusions of law on item 13, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR MERIDIAN MIDDLE SCHOOLS ACADEMY BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2: Johnson: I will now open this public hearing and ask the school district or their representative to come forward. Wayne Thowless, 1735 Federal Way, Boise, was sworn by the City Attorney. Thowless: The Meridian school district is proposing to build a middle school alliterative school or academy on this subject site on the east side of Locust Grove. The initial development will include paved parking lot and a complex seven relocatable class room buildings which will be brought and set on footing, (inaudible) the same as the Meridian High School Academy at the end of Lanark Street was initially constructed. A future phase of development will be the construction of a permanent multi-use and classroom building which you see on your plan as the thatched rectangle with a small notch taken out of it on the south side of the site. The very long range .plan of the school district is that eventually all of the relocatable classrooms will go away and be replaced with permanent facilities. But in the immediate future the relocatables at least some of them will remain and that one multi-use building will be constructed. You also notice on your drawing that prior to the construction of that permanent building an additional two relocatable classrooms may be necessary. Behind the complex will be an athletic area, a playing field for the students and I think those are the most pertinent aspects of the project and I would entertain any question you may have. MacCoy: Have you seen the staff's comments? Thowless: We have and we have reviewed them with the representatives of the school district and we believe that all of the stated conditions can be complied with. MacCoy: So you have no problem with any of those the way they stand right now then? Thowless: There are several items that may involve some discussion on our part with City staff but I don't think any of them are insurmountable by any means. Meridian Planning & Zon~g Commission • February 11, 1997 Page 43 Borup: Just maybe expanding then on that same question then, are you planning on incorporating a bike parking in with the plan, that was one of the staff comments. Thowless: I think we can easily do that, yes. Borup: Is that something that is not being used in other schools? Thowless: Perhaps Mr. Carberry could address that question. At this particular facility students are going to be coming there from throughout the district. They are very few residential areas within an easy bicycling distance of this location. So I honestly don't know how much bike racks etc. would be used but they are not a costly item so certainly some could be provided. I believe that most students will be arriving by means of either their parents or bussing. MacCoy: What about lighting for your facility here. Do you have plans to light the whole facility or just the classroom are or just the parking lot or what? Thowless: There will be pole mounted parking lot lighting, building, MacCoy: What height? Thowless: I am not sure, probably I the neighborhood of 20 feet, there will be building mounted lighting for security purposes. If the central quad area within those relocatables is determined by our electrical engineer to be too big to adequately light and secure by means of building mounted lighting there may be a pole mounted fixture too in that area. MacCoy: And you are probably using non-glare lighting. Thowless: In terms of the pole lighting it would definitely be cut off luminaries that would direct the light downward. MacCoy: Is your facility normally used daytime as a main use of it. Or is there also evening use? Thowless: I believe I am correct in saying that it is almost entirely a day time use, is that correct? (Inaudible) Thowless: Mr. Carberry of the school district indicated there would be some evening functions held at the school much as at any school facility. But of course the primary use is daytime. Meridian Planning & Zon~g Commission • February 11, 1997 Page 44 MacCoy: On your permanent structure, is that a single story or two story, what do you have planned there? Thowless: That structure would in all likelihood as envisioned at this point in time be a building very similar to the one constructed at the Meridian High Academy at the end of Lanark Street. It is a masonry structure with a metal roof. tt looks like it could be a two story structure because it has a large multi-use room in it with a very high ceiling so the basketball can be played. But, there aren't any second floor spaces in it. Oslund: The future permanent building is that going to replace the portables or just augment it? Thowless: Initially it will augment them. If there is a need for two additional relocatable classroom buildings that you should see on your drawing or over here as also dashed in the permanent building would replace those and could potentially replace one or two of the other ones that you see there the original seven. But it would no means replace all of them. Another or a couple of other permanent structures would be needed on the site to replace all of the relocatable buildings. Oslund: Is that in the plans, eventually at some date? Thowless: In the very long range plans, not in the immediate plans. Oslund: I guess I ask that question because it kind of reminds me of the application we saw earlier this evening and that we put a horizon requirement on a conditional use that involved some portables and I think it was three years. But I think something like that, I don't know if it is three years but I think some kind of time requirement that the conditional use that it be reviewed at some date certain in the future be a wise thing. If vre approve it like this than we are saying you can use portables there forever. I am not sure that, it would be nice to have something in the agreement that would allow the City to review that decision at some date in the future. That is all I have. MacCoy: How do you see your own statement about, like it would be some time in the future, are you talking about 20 years away is that the ball park that we are talking about? Thowless: I can give you an example although 1 have to compare Meridian with Eagle to do so, for which I apologize. At the newly developed alternative school of the meridian school district in Eagle that was developed just within the last year. Already plans are under way to build that permanent building at that facility. 1 think 1 would like Mr. Carberry to address the longer range plans for completely relocating the or replacing the relocatables with permanent buildings, he can probably better address that than I. Meridian Planning & Zon~g Commission February 11, 1997 Page 45 Johnson: I just make one comment with respect to portables, they have almost become a way of life in the Meridian school district out of need because of the growth in our area and the fact that the bond issues are always lagging and can't keep up with building and construction. Until some better method of funding school buildings is passed by the legislature or provided for portables are probably going to be a way of life in the Meridian school district for a long time. This is part Of the meridian school district. Any other comments. Borup: Maybe on the same comment, I think the other was in the middle of a residential neighborhood and this is more of an industrial neighborhood. Johnson: That was also a portable that was not part of the school district as I understand it that was private enterprise. Oslund: Well don't misconstrue what I said, I totally understand the situation with portables. I am simply trying to create some options for the City, they may come back in 10 years and say we are still strapped we can't afford a permanent structure and the City can choose to say yes we agree that if we approve it with no twilight on it, there is nothing there. Johnson: I understand that (Inaudible) Johnson: Anyone else from the public that would like to address this issue? Mr. Carberry? Jim Carberry, 3283 Raindrop Drive, Boise, was swum by the City Attorney. Carberry: Since we are dwindling into the late hours I won't take very long. I just want you to realize a couple of things that were stated. There really is no official name for this particular school or campus. We are currently calling it the Meridian middle school academy. A name for this facility will come later. We do currently hold the Meridian middle school alternative program at Meridian middle school. That will move from Meridian middle school to this location. Researchers and educational experts are telling all of us that these buildings and these campuses and these types facilities function better on a separate location and out of the traditional school setting. So that is our desire (inaudible) Now only our school board and I can't really speak for a our school board, can make decisions on when permanent structures would be placed. They too are very concerned that we move as quickly as possible into permanent settings. As Mr. Thowless has indicated we are currently preparing to construct a permanent multi-classroom facility at Eagle academy this summer and v~re have only been open one year. So, I could go so far as to say that you can see it in the very near Meridian Planning & Zornng Commission • February 11, 1997 Page 46 future. Long distance wise, a tong ways out we can foresee two additional classroom facilities to close out the use of portables at this particular facility. As your esteemed chairman as noted portables areaway of life in the meridian school district. We would like to put permanent facilities at this site so that we could move those portables to other sites and locations throughout the Meridian school district. I don't think we will ever get out of that and neither will the Boise school district. With that I would leave it open for any questions that you might have. Johnson: Since you don't have a name you might consider calling it the Corrie Middle School Academy, you would probably get it passed with a slam dunk. I will close the public hearing at this time. Any other comments, we need findings of fact and conclusions of law on this application. Oslund: Mr. Chairman, I move that we have the City Attomey prepare findings of fact and conclusions of law for this conditional use permit. Johnson: Moved and seconded we have a city attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea , ITEM #15: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A FULL SERVICE SALON WITH TWO STYLING STATIONS, NAIL TECHNICIAN AND MASSAGE THERAPY ROOM BY KELLI STEWART: Johnson: I will now open the public hearing and ask Kelli Stewart or a representative here for her to address the Commission. Robert Van Houten, 2536 Autumn Way, Meridian, was swum by the City Attorney Kelli Stewart, 741 N. Katie Way, Kuna, was swum by the City Attorney. Van Houten: The reason that the tvuo of us are here is Mrs. Stewart is more qualified to answer the questions regarding her business that will be operating at 408 East First. can answer the questions regarding the exterior part of the property. Johnson: Thank you, Kelli, just briefly, what are you going to do other than what the application says here. You might touch on such things as operating hours and numbers of employees and that sort of thing. Stewart: It will just be me and one other full time stylist. Right now it will just be me but I will be hiring a full staff. Just one stylist, nail technician, eventually maybe a massage therapist and that is about all, it would only be four people total. Meridian Planning & Zo~g Commission February 11, 1997 Page 47 Johnson: Your operating hours would be? Stewart: The hours vary, but probably between 10 and 6 for the most part. Johnson: How many days a week? Stewart: Five Johnson: Just the five, nothing on the weekend? Stewart: tt is Tuesday through Friday and Saturdays. Johnson: Closed on Monday Stewart: Sunday and Monday yes. Johnson: I will steal this from Malcolm because he always asks this, have you read the comments from the City staff? Stewart: Yes I have Johnson: Do you have any questions on any of those, are they clear to you, or do you have any disagreements? Stewart: No, they are fine. Johnson: Any other questions from the commissioners? MacCoy: Well I have one based on that very thing, how are you planning on handling your off street parking? Van Houten: As you notice on the drawing there is space there for six automobiles to parking along the side and there is space probably for four more along the back of the property between the back of the building and the adjoining fence. So the back four would probably be for staff. And the six along the sides for clients. MacCoy: And to do with outside lighting, are you going to have any? Van Houten: We intend to install an outside light that would face from east to west, primarily and on a timer so that the clients and the staff would have lights when they leave the building at night in the winter time to go to their cars. And we suggest that we put that on some kind of a timer maybe for 15 minutes so that when they have time to get to their cars and get in and leave and then the light would turn out. Meridian Planning & Zon• Commission February 11, 1997 Page 48 MacCoy: Do you plan to have a lighted sign? Stewart: There is a sign there and if it is permissible then we will use the sign, it is a lighted sign, it is also on a business hour timer. MacCoy: It doesn't blink on and off? Stewart: No, it is a solid illuminated light. Van Houten: It would turn off probably at about 10 in the evening. Oslund: I don't have any questions, but whoever turned the A!C on thank you. Borup: I didn't have anything new, same concern that Malcolm had mentioned on the parking, It just appeared, it may be difficult to comply with the ACHD's comments as far as the access point. Oslund: I just received this afternoon so I have not had a chance to talk to them. But I planned on discussing that with them to make sure that we come to a meeting of the minds that vue comply with the mutually acceptable arrangements for that. Borup: Was six parking spaces, was that the amount appropriate for the sizes of building or that was what you had (inaudible) what 1 am getting at is are there some extra spaces there more than (inaudible) Stewart: There are probably more like eight. Van Houten: Well there are six along Ada Street, then there is a space between the back of the building and the fence for the property just immediately east and there is probably room for four cars in that area. I would assume that v~rould be mainly the staff parking area. Borup: I was referring to the minimum required parking spaces for the size of the building. What is the (inaudible) I believe the parking is determined by the size of the building. Johnson: WeII it is determined by the size of the building and the occupancy and that figure can be obtained from Shari Stiles. Borup: What I was getting to, you may have more than what the minimum would be that it may help you in complying with ACRD. Van Houten: I think that we do yes, but I have to discuss that with them. Meridian Planning & Zon~g Commission • February 11, 1997 Page 49 Johnson: Thank you, anyone from the public that would tike to come forward on this? Fitzgerald: Excuse me Mr. Chairman, t had one question for Ms. Stewart just for the record so that it is Gear. When you said 10 to 6 it was 10 a.m. to 6 p.m. correct? Stewart: Approximately. Johnson: Anyone from the public that would like to come forvvard on this? Seeing no one then I will close this public hearing. Conditional use permit requires findings of fact and conclusions of law. Borup: Mr. Chairman, I move that we instruct Counsel to prepare findings of fact and conclusions of law on this application. MacCoy: 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 Johnson: Do you understand what we have done tonight, 1 know you people aren't in here all of the time. 1 will tell you what we have done, basically we have just gathered information and there was no testimony so it is going to be relatively easy for our City Attorney to prepare findings of fact and conclusions of law. We will probably even get these on time. We will at our next regularly scheduled meeting which is March 11 we will have those prepared like all of the others we have had tonight in type form and it will be available to you when they are prepared. So you can read them and all that will do is tell you in accordance with our city ordinances that wee can or cannot approve your application and it will reiterate the comments and questions we had there this evening. Plus it will incorporate all of the comments from staff so you will have all of that. If we approve those, I don't know if you were here at the earlier part of our meeting tonight but we had 6 of those on our early agenda and there is no more public testimony at that time. We either approved them or changed then and we just look at them for editorial changes. Then it goes to the City Council and there is a second public hearing at the city Council level, it is old town, normally it would but it doesn't in this case. But they do have to approve our findings of fact that night, so the City council will take it up at their next meeting without notice to the public so there wouldn't be any delay. And they meet twice a month on the first and third Tuesdays of every month. Once that is approved you are okay to go. But there is that time period that process that takes time. Because we only meet once a month so we come back in March and then probably with the first meeting in April or the third week in March by that time it will be on the City agenda and then you will be able to rock and roll, but we do have to go through the approval process. Meridian Planning & Zoning Commission • February 11, 1997 Page 50 Van Houten: (Inaudible) Johnson: No, you can if you want to but when you go to City Council 1 wouldn't risk not being there because even though it is not a public hearing they could ask questions and without somewhere there to answer they may table that until their next meeting. So you lose some more time. (Inaudible) Johnson: You don't necessarily have to come to our meeting but remind yourself to get a copy of the findings of fact as soon as they are prepared so that you will know what is in there. They may be something in there that you disagree with, for the most part (Inaudible) ITEM #16: PUBLIC HEARING: CONDITIONAL USE PERMIT FOR A PROFESSIONAL OFFICE BUILDING BY JAMES KELLER AND REID OLSEN: Johnson: I will now open the public hearing for item #16 and ask that the applicant come forward and be sworn sir. Ronald Thurber, 111 S. 6`h, Boise, 3412 Kootenai, Boise, was swworn by the City Attorney. Thurber: Gentlemen, I will keep this brief, 1 am the architect for Mr. Jim Keller and Mr. Reid Olson. Mr. Keller is a civil engineer, Reid Olson is a CPA. They are building a just under a 10,000 square foot new office building in the new Troutner Ballantyne Business Subdivision just west of town. They have 53 off street parking spaces. You should have copies of the plans, the landscape plan. These plans have been reviewed by all of the various city agency. The findings of fact have been reviewed by the owners and accepted, they will follow the conditions of approval. We have a letter that we have hand delivered to Shari Stiles to that effect. The building is single story, slab concrete, has a (inaudible) brick exterior, has basically a flat roof, the entrance portico is tile. Any questions, I won't take any more of your time. (Inaudible) Johnson: Questions of the architect for the applicant? Oslund: Is Jim going to use this building? Thurber. Yes Jim Keller and Reid Olson will occupy approximately '/. of the building. The other fourth is professional offices. MacCoy: How about one more thing, going through your building make up, exterior. Meridian Planning 8~ Zon7fig Commission • February 11, 1997 Page 51 Thurber: The exterior is a (inaudible) has some reveals on it to get a little bit of architectural relief with some brick veneer panels. Basically it is a flat roof paraputed at the main entrance which is on a corner, has a little entrance Canopy to add some interest. The developer of the subdivision Jim Ballantyne and Art Troutner are trying to carry through a theme of some tile. So in that little pitched portion we are having a the that will match the other buildings. This is the first building to be built in this subdivision, it is vacant ground at this point. I believe the subdivision was platted Shari wasn't that on February 4`" I believe, so it is brand new. MacCoy: You have already talked about the city comments the staff comments. Thurber: We have reviewed all of those, the owners have accepted those. MacCoy: You have your handicapped in there and signs and everything else. Thurber: Yes sir MacCoy: Are you related to the Thurber? Thurber: The author, distantly, James. MacCoy: That is all I have. Borup: Is this the landscaping plan that is going to be followed to this point? Thurber: Yes sir Borup: That is a nice plan we done, very nice, good job. Thurber: Well thank you, they want it to be nice, they are going to be good tenants. Johnson: I think it is a good start for this development really. The type of building that you need to start a project with, something like a professional occupancy. This is a public hearing, is there anyone else from the public? Seeing no one then I will close the public hearing. Oslund: Mr. Chairman, I move that we have the City Attomey prepare findings of fact for this conditional use permit. MacCoy: Second Johnson: Moved and seconded we have the City Attomey prepare findings of fact and conclusions of law, all those in favor? Opposed? Meridian Planning & Zon• Commission • February 11, 1997 Page 52 MOTION CARRIED: All Yea ITEM #17: PUBLIC HEARING: REQUEST FOR REZONE OF 9.42 ACRES FROM R-4 TO R-15 BY LORIN SAUNDERS: Johnson: I will now open the public hearing and ask that the applicant or the applicant's representative address the Commission. Lorin Saunders, 688 East Sugarberry Drive, Eagle, was sworn by the City Attorney. Saunders: Well I have been waiting to do this for 25 years, I have owned that property down there for 25 years. We have tried two different times to get some builders interested in doing something with the R-4 zoning but the houses are just too big for the apartment area down there at the (inaudible). We felt like the only way we can build anything to develop the property would be to zone it through R-15 which is what we would like to do. I understand the conditional use system you use in approving these things, all I am after is to get the zoning changed so that I can get the funding necessary to do the project. I realize that (inaudible) doing that. I do, the property down there I have tried to keep it up fairly good all the many years that I have held onto it but it is getting to a situation where an open field kind of gets to be an invitation for people to put junk on it and it is becoming a little more difficult. We would like to develop the project and when we were talking to ACRD they indicated originally I thought we would have to put Broadway Street clear through and that would mean covering up the Nine Mile Creek drainage there and I know the City wants to put a bike path and walking path on there. Since we have visited ACHD they indicated that they would even prefer that we didn't continue Broadway through because of the speed that long straight streets create. So we could turn the street turn east on 8~h Street and then go down to the edge of the property on an extension street to that part and then we could bring Idaho down. The property that is located, it is called R2 I have already talked to the gentleman that owns it and of course vue would design the property to keep him so he wouldn't be landlocked so he could use some of the access that we developed. Then the street would eventually go on through his property as well somehow. And so we wouldn't have to cover up any of the drainage and I looking at it again, 1 think there are some high banks built up there we could take those banks down and make it a very nice park area so when you come down to the end of Broadway you just see this nice green area and I think it would be very complimentary to the City and the City goes to it. So I am excited to try and develop it and I am seeking a zoning change so that I can do it. Once we get the zoning in why it won't be long before we come to the City with a plan. That is all I have, do you have any questions? Johnson: I am sure that we do, thank you very much. Mr. Borup? Meridian Planning & Zon• Commission • February 11, 1997 Page 53 Borup: Probably just on the, pertaining to the zoning, the application says you are proposing duplexes is that? Saunders: I think that is what the zoning calls for is a duplex type. Johnson: Well it permits duplexes, it is a duplex type zoning. Saunders: It allows us to build duplexes that are about 800 square feet and double car garages. Borup: What I was getting to, are you proposing any greater than duplexes, triplexes? Saunders: No, that is about it, that is all we were interested in. Borup: I am not sure that it makes any difference but I think you can also do duplexes in R-8 zoning. Johnson: You can Saunders: The reason I went for R-15, I don't know what else it does, Shari kind of recommended it or one of her staff that would be the best to go for. Johnson: It gives you a higher density. Saunders: We are not interested in a real high density and I just want to develop the property and we have this drainage ditch and around it can be developed very nice park area, so the area would look very clean when you went down to the end of Broadway. I think it would be a nice clean little subdivision or little development down there. Borup: Were you considering the same thing bordering the rail road tracks too? (Inaudible) Saunders: You have to be 200 feet in from the rail road tracks to put of a fence and landscape the area. So, if we ran the 8t" street up there and then ran 8`" street west to our border line so that we hooked on to by the next development there would be some backing to the rail road tracks but it would be, property lines would be 200 foot from the tracks, I think that is what the rule is. My thinking was that along the drain ditch to the back of the houses along the drain ditch if we had some fence restrictions it would enhance the park area look of the area. Plus closer to the end of the property there is not enough room to put anything in there but a little park area back in there there would be quite a bit of greenery in the subdivision. I think it would be something that the people around there would appreciate. When we do go for the final planning on the platting why of course all of the neighbors would have input in it and we would try to Meridian Planning & Zon• Commission • February 11, 1997 Page 54 develop something that would be compatible to their liking too. We are interested in being good neighbors 1 held the property a long time and I have been in Meridian for 35 years and I would like to see something come out of it that I am proud of. (End of Tape) I haven't decided on one, I do have one that told me if we could get the zoning change that he would be very willing to do it. But I haven't really (inaudible) they have indicated that need the zoning change before they will put up any money to get the developing going. Johnson: I have one question, you have seen the comments from Shari Stiles dated February 10? Saunders: Yes Johnson: Okay, that number 8, did you visit with her regarding that? I am not exactly clear there which is the most important part of that. But one is the direct access to a collector or arterial and the other comment is connected to municipal water and sewer. Was there any problem with the sewer and water Shari or were just mostly concerned about the access? Stiles: Those items were just taken directly from the description of the R-15 zone. All of those requirements. Johnson: But you said nothing has been provided you to substantiate that it was possible. Did you mean that about water and sewer or did you just mean it about access? Stiles: It is just the fact that I have no plan that I am able to determine whether they (inaudible). Saunders: I have talked to the City Engineer and I did a topography survey on the property to make sure that it was high enough to hook into the sewer and it is. I talked to the City Engineer about that once or twice and he indicated there probably wouldn't be any problem and the City water is right there on the property, it can be just hooked up to it, it is right there. The fact is the (inaudible) I put that in myself and the City water was run onto the other side of 8`" Street road. So the curbs are all in we just have to put the sidewalk in on the West 8`" Street to do it. And it would clean it up, it is kind of an eye sore down there. I apologize for that, but 1 am in a position now where we can get something done on it. 1 think this project that 1 have in mind would be very complimentary to the city's plans. Johnson: Thank you very much, anyone else from the public that would like to come forward at this time? Melinda Belt, 720 W. 8`" Street, Meridian, was sworn by the City Attorney. Meridian Planning & Zoning Commission • February 11, 1997 Page 55 Belt: I am here representing the Broadway Estates condominium homeowners association and I am the president of the homeowners association. Johnson: I don't know much about that, could you tell me how many units there are? Belt: There are 12 units, they were originally from what I understand from seeing our covenants they were originally built by Lorin Saunders about 1977 I think. We do have some concerns with the development of this property. We don't know if the intent is going to be some sort of low income housing development or something where it is all going to be rentals. We are already surrounded, well not surrounded but on the back we are surrounded by apartments and being homeowners we have been trying real hard to get our neighbofiood cleaned up. We have painted our buildings this year, we have done lots of work with the trees and tried with the landscaping. Some of my concerns stem from just incidental connections with the property across the street. Some of you probably think my name rings a bell because I have called you repeatedly called you about the property across the street. Which is the property in question. Beginning in May of 1995 I started calling the City to find out what is supposed to be done about four foot weeds. I was told to contact the ordinance officer at that time was Alan Riggle. f spoke to him on several occasions, I didn't keep real good notes because I kept thinking that I was getting this taken care of and then it would end up that it wasn't taken care of. I called and asked that the weeds be taken care of because not only were they a fire hazard the property is full of thistles that were constantly blowing into our lawn and we had to keep paying to get the lawn sprayed and taken care of. I was told that they had written to the owner that they had done some sort of possibly threatening that the City will do it, whatever. Finally the weeds were cut down I believe it was September or October of 1996, it took me a year and a half. That is why it just kind of struck me when he said that he was trying to maintain the property because I don't really believe that. Also, the quality of the construction of the place that I am living in leaves a lot to be desired. So 1 also wonder about the intent with the property across the street. We are all concerned about that because we realize that we are in kind of a low income area and our property is really not valuable at this point but we would sure hate to see it go down rather than go up. I have some questions about the park area around the drainage ditch if that is safe. There will be a lot of kids I am sure in that sort of development, there are already a lot of kids around there. Also, is it going to be well maintained or is it just going to be let go for weeds and whatever which is pretty much what is in that area now. Atso t question the R-15 versus the R-8 if they are going to be duplexes. I don't know that much about zoning so I am, but just logically 1 would think that if you were going to do more of a subdivision with single family dwellings it wouldn't be necessary to zone it so you could put a real high density sort of housing in there. Basically our association just wanted to be represented and wanted the City or the Commission to know that we are concemed about what goes in across the street. We would like to see something that is going to Meridian Planning & Zoning Commission February 11, 1997 Page 56 improve the area rather than be a detriment and increase the traffic and increase the density of low income housing. I think that is all I have. Johnson: Thank you for your comment, I have one question here. I am assuming you had a homeowners meeting and people attended. You tended or at least the parts I heard were more like what you didn't want there. But did you come up with something in the vein of what you would like to see there? Belt: Something that was more owner occupied. I mean obviously there will be some rentals, but if the intention is to just buy a bunch of places that will be used as rentals I think it would make a big difference, we all think it would make a big difference in the way the property is maintained and what the intent really is. If it is for owner occupation or now. I also had one other issue and I don't really know that this, how pertinent this is, but I was asked to sign a document allowing the use of our name, the Broadway Estates by Mr. Saunder's attorney. I asked him at that time what, why does he want permission to use this name. What is he going to use it for, and he said something down at the other end of Broadway I think he owns some property. We had no idea that man even owned that property and I just felt that was, it was misleading and it wasn't honest and it has just made us alt kind of worry about what will happen with the property. I apologize to him if he hasn't been dishonest with us but we are all just concerned. Johnson: Did you sign the document? Belt: Yes I did Johnson: Any questions? Borup: Yes I do Mr. Chairman, I am not sure from your testimony whether you are opposed or in favor of this project. You sound like you don't want to leave it the way it is, is that true, you don't want to leave the weed patch there? Belt: Yes, we would not be opposed to something that is, what the rumor has been over the last couple of years is "low income housing" and rentals. Borup: I think the applicant said that, nothing has been proposed yet. So this is the first thing. Belt: That is what the zoning change was sort of indicating to us is it might be. Borup: Well the way it is right now it can just be strictly single family, 1400 square foot individual lots and that is (inaudible) Meridian Planning & Zo~g Commission • February 11, 1997 Page 57 Belt; That would be fine, we are just concerned we don't want to be surrounded by more apartments. Borup: You don't want any more complexes like your own across the street from you? Belt: That is not what I said, ours is a condominium complex, we are home owners. The people behind us are apartment renters, and they are low income and they are welfare mothers and they are on special insurance and they, it is a little bit different. Borup: What do you feel of the concept of duplexes going in there? That would be, maximum two per building. Belt: I don't think that would be a problem. Borup: Do you feel it would be a nice transition between the apartments? Belt: Yes as long as they weren't sold in mass and just rented out. That was our main concern that it would turn into a rental community and basically be a low income rental community. Borup: I am not gong to speak for the applicant but I am not sure how much control you can have after a property is sold. I believe (inaudible) and then it became a condominium so it went the other way. Belt: I wasn't aware of that because the homeowners covenants were written up in 1977. Borup: I may be mistaken on that. Belt: I don't know what happened with that, I have only been there for three years. I don't know. I know that we can't control what happens, we just didn't want it to originally be just put into a big rental community. Borup: (Inaudible) Johnson: Does anyone else have any questions? Thank you very much, anyone else from the public that would like to come forward? Dana Simmons, 710 West 8'h Street, Meridian, was sworn by the City Attorney. Simmons: You guys bear with me, it is way past my bedtime, I stayed up for this. A lot of the points that (inaudible) I wanted to concur on that we discussed. Now one point that I do want to make very clear on is from my and this is just from my own perspective I want you to understand. I lived in low income housing for 3'/ years, I went through a Meridian Planning ii< Zon~ Commission • February 11, 1997 Page 58 divorce, he is $17,000 behind in child support and a year and a half ago 1 bought the town home that I am living in. t take pride in ownership. I have seen both sides of the coin, I know what can happen and my strongest concern is that the R-15 rating is something that Leaves them the option of putting in a very high density apartment complex. 1 find that very questionable. I understand people wanting to leave their options open, but that kind of indicates to me that they might be leaning towards that, it is much more lucrative. But my concern is I have an 11 year old daughter, I purposely bought where I am at so that she would be able to walk to the elementary, the middle and the high school. A high density complex going into that area right now I don't think with the over crowding would be good. I like the idea of additional condominiums with emphasis on the sole ownership or duplexes. 1 think as small as that area is and as limited as the access is that is something that the area could take traffic wise without having a large impact. Another concern I have because of the way that the roads channel in there is that is your only in and out is Broadway and Idaho. There are a lot of children in that area, young children. I think with khere not being other access for an apartment to come in and out that could cause some serious problems in the area. I think that is one of the things that has kind of saved it with all of the apartments behind us is that there is not ready access for the traffic to be buzzing in and out. They only have a few areas, but if we compound that then we are going to run into a problem. Johnson: When you refer to behind you where does that, in terms of direction, which way is that? Simmons: Broadway Manor apartments, t don't know I am not a north south person, I am a left right person. It is east, there are a lot of apartments back there, there are triplexes, four plexes and apartment buildings. I think if we compound and put anything high density in it is going to cause some serious problems traffic wise. My biggest concern is the kids. That is one of the things, I looked at this area in that it was a low traffic, for my daughter it was something (inaudible) we were far enough off Pine that we didn't have to be concerned with that main thoroughfare. Johnson: Any questions? Borup: Just a comment, probably for the homeowners. First this application was just for the rezone without an specific detail on the subdivision. An R-15 could allow apartments but it would require a conditional use permit which means we would have to go through the entire public testimony. Whereas the duplexes would be a permitted use. So to do anything more than a duplex they would have to go through the entire hearing process again. 1 don't know if that makes you feel any better. Simmons: 1 will just have another option to voice my, this is, everything starts with a first step and I just felt that it is important to have my input in from the get go. Meridian Planning & Zon• Commission • February 11, 1997 Page 59 Johnson: That is a good idea, that is why we have these public hearings. I wish more people participated, anyone else? Vern Alleman, 2101 East Ustick, Meridian, was sworn by the City Attorney. Alleman: I am basing my tesitmony on the basis of an R-4 is four units per acre and I am basing my assumption that an R-15 is 15 per acre. I question how you get duplexes, 15 of them on an acre. So that, but anyway I am opposed to this zone change from an R-4 to R-15. I an concemed about the crime rate this type of development brings. Areas of Boise where this type of development area have the highest crime rate. Granted there is a high population in these areas, my point is crime rate is much higher when compared to other areas of equal population. I have been following this for a long time. Some time ago I was told by a city official that policing of these types of development in the City of Meridian use about half of the police resources. This type of development decreases the value of property in surrounding areas such as where I own property. I feel this should retain an R-4 zone if for any reason this cannot be retained than an R-8 zone should be the maximum allowed. I think basically that is my biggest concern at this time. Johnson: Thank you Vern, apparently the R-4 zone if I can comment on Mr. Saunders's presentation economically hasn't worked. In other words where the property is located, its environment there it doesn't lend itself very well to R-4 which is only 4 units per acre which is usually pretty sizable housing. So he is applying here for a change which apparently our staff has encouraged him to do. Back to Keith's point the zoning doesn't dictate what is going to be there, it just dictates permitted uses and it still has to go through the other process. Alleman: But if he goes to an R-15 could he not have, and it is approved, could he not put in what would stop him from putting in 15 units to the acre? Johnson: It would be zoned for that but he still has to bring it to the Planning and Zoning as a conditional use permit and before the City Council. Alleman: I talked to another neighbor and they said they could go probably for an R-8 but they couldn't go for an R-15. Anyway Johnson: An R-8 may work. All the density ratings are maximum densities. And quite frankly most R-4's develop less than R-4 like 2.89 of 3.1 or something like that. Alleman: I guess I am concerned about the concentration in a small area and what it entails as far as the type of people that live there and the crime rate that results from higher density populations. And plus the decrease in valuation for surrounding properties. Meridian Planning & Zon• Commission • February 11, 1997 Page 60 Borup: That is one of the questions that I had if I may. You said you own some adjoining property. Alleman: Well I own across the street on 842 West Pine. Borup: So it is not some of the bare ground adjoining this? Alleman: No, it is not bare ground adjoining it. Borup: Thank you Johnson: Thanks Vern, is there someone else, I saw someone over here? Larry Hansen, 935'/ West Pine, Meridian, was swum by the City Attorney. Hansen: I just wanted to make the statement that I support the rezone application that Mr. Saunders has presented. I have owned this property for over a year and lived in it for not quite two months. When I first purchased the property t had hopes that this land could be put to better use. It has stood for a long time as basically a desert and a fire hazard along the rail road tracks. When I moved here to Idaho 17 years ago I initially moved into an area that was composed entirely of duplexes. These duplexes were occupied by professionals that had recently moved here to Idaho and most of us lived there for a period of six months to two years before we acquired enough funds to move into permanent housing. I think that the economy of our area is really strong and Meridian has the ability to attract people who want high quality living arrangements on a rental basis and that is what I would like to see as a possibility for use for my property as well. That is about all I have to say. Johnson: Thank you, any questions? Anyone else? Do you want to make another comment Mr. Saunders? Saunders: I want to apologize to the people about the weeds but I tried to get it done about once a year beat them down. Every time I go down there, there is garbage scattered on our property. We run into it with our beater and it is a very expensive project. I have lost some tires doing it and there is also grass or dumpir-gs from the lawns across the street. The condominiums sometimes they dump it over on my property. I don't know I have gone down there and seen somebody it may not be them but there is grass and things dumped along there. I think the whole thing would be better for all of us if it were developed. Now I don't mind having, I am conscious of their values for their property. f didn't build the house that they live in. They were originally built as four p-exes and duplexes and I had something to do with turning them into condominiums because I wanted to sell them as individual ownership's. I think they have done a nice job of keeping those condos up and 1 wouldn't want to detract from it. I will say that the zoning for duplexes and I don't mind being restricted to duplexes Meridian Planning 8 Zo ing Commission February 11, 1997 Page 61 either in the zoning, that is as high density as I care to go. I don't think it would be a compliment to the area to go into a higher density anyway. But these duplexes have to have a double car garage, that is what the zone requires. So they are going to be pretty nice units, they are not going to be low income housing at all. So I think it would be a compliment to the people across the street in the area. As far as the mention of the creek and the park area. Originally I was thinking of getting permission to cover the creek and the it in. I am not opposed to that at all right now but I know the City wants kind of a green area through and I looked at it and there are some high banks on it. I thought if they were knocked down it could be made into a very nice and safe type of a park area. But t am still not opposed to tiling the ditch in if that would be the best interest of all of the neighbors. As far as the roads, eventually they will go on through, ACRD is requiring us to run our roads right to the property line to the west, both Idaho Street and an extension of Broadway. Broadway doesn't have to extend, it can go up and over, they don't require us to go right straight through. It is probably so that eventually there will be other access, I assume even over onto Pine Street. So eventually it won't be the only one (inaudible) further west is developed why there will be probably other accesses to the property. I want to reemphasize too that I have tried two different times to put in single housing but you can't build a house a 1400 square foot house down in that area and sell it. It is just something that you can't do. I had two builders we were fairly close to trying to get a single housing unit but none of them could make the economy work for it. So I thought the very best thing I was talking to Shari I was mentioning duplexes and that is as high a density that 1 mentioned to her and that is all that I, and I wouldn't be afraid to be restricted to that either because I am not interested in diminishing the values of the property, people take good care of it and I want to compliment their property. When we do the final planning I am sure that they will find that my intentions are not to diminish from the value of their property. 1 just want to make a few comments there. Borup: I do have one question, it sounds like you are saying you would be completely comfortable with an R-8 zone then. Saunders: If R-8 allows, Borup: R-8 would allow duplexes as a permitted use not a conditional use. Saunders: And they would be 800 square feet minimum I think, 1 would be Borup: I don't believe it changes that part. Saunders: I wouldn't be opposed to that at all, that is all I intended to do anyway. Johnson: We have to work with an application here that is asking for R-15. You can condition it accordingly but that is what we have before us. Meridian Planning & Zon• Commission • February 11, 1997 Page 62 Saunders: The only reason that I mentioned R-15 is because that is what the committee or staff suggested, I don't know whether I made it clear to Shari what I wanted but I was talking to her assistant because I am not opposed to the R-8 zoning at all. In fact if it makes people more comfortable with the project then that is fine with me. Or you can restrict the size of the buildings on this approval that is fine too. Johnson: We have done that in the past, okay, thank you. Is there anyone else? I will close the public hearing at this time. MacCoy: Mr. Chairman I direct our attorney to prepare findings of fact and conclusions of law for the rezone of 9.42 acres from an R-4 to an R-15. Borup: Second Johnson: Moved and seconded that we have findings of fact and conclusions of law approved for the annexation and rezoning, any discussion? Borup: Yes, just to have the Counsel include in, I am not sure, I think it would make the adjoining homeowners feel more at ease if something is in there on restricted to duplexes. Johnson: At this time it would take a withdrawal of the motion or an amendment to the motion. (Inaudible) Johnson: We can also put those comments into the findings of fact. Borup: That is all I was asking. (Inaudible) one of the comments there is it up to the Commission that those types of things are mentioned so that they can be included. Johnson: Absolutely, you have to have them on the record. All those in favor of the motion? Opposed? MOTION CARRIED: All Yea Oslund: I make a motion that we adjoum. Johnson: I have one comment before we adjourn, are there any other motions? Borup: I just comment for the homeowners I think they could feel confident that there would not be apartments going in there. I don't think it would be approved. (Inaudible) at least not with the group that is here now and the things that have been presented and the applicant is not asking for it. I think it would be (inaudible) Meridian Planning & Zoning Commission • February 11, 1997 Page 63 Johnson: I have one comment, I would like the Commission to diligently pursue the history of the Packard Subdivision No. 1 application so that we are up to speed on it before our next meeting. And to visit with staff on an individual basis for their input, I would appreciate if you would do that. Borup: So there are not going to be packets to review'? Johnson: I am sure there will be but I really think we need to know what has transpired in the recent discussions between the applicant and staff. I don't think we know about those discussions. 1 wasn't aware they had been meeting with the public works department for example or the engineer. Borup: I think they got the point from December that they had better. Johnson: Well I understand that but I think we need to, a lot of don't know, I have forgotten the history and you guys weren't here when it started, so that is my point. (Inaudible) Johnson: You are right it is Packard Subdivision no. 2. Oslund: I would like to make a motion that we adjourn. MacCoy: Second Johnson: Motion and a second to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:56 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: ATTEST: -( J 1 JOHI S , G IRMAN Meridian Planning & Zoning Commission February 11, 1997 Page 64 WILLIAM G. BERG, JR., CITY CLERK BEFORE TBE MERIDIAN PLANNING AND ZONING C019dISSION 1dR JON L BARNES - PROPERTIES `ZEST, INC. APPLICATION FOR ANNE%PITION AND ZONING A PORTION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 18, TOWNSHIP 3 NORTB RANGE 1 EAST BOISE MERIDIAN, ADA COUNTY, IDAHO SOUTH OF FRANKLIN ROAD. WEST OF LOCUST GROVE ROAD MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on January 14, 1997 at the hour of 7:00 o'clock p.m., at the Meridian City Ball, 33 East Idaho Street, Meridian, Idaho, a representative of the Applicant, Gary Lee, hereinafter referred to as the "Representative," 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. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 14, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 14, 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. MR. JON L. BARNES - PROPERTIES WEST, INC. 2. The property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein. The property is approximately 26.6 acres in size. 3 The property is presently zoned by Ada County as RT, Rural Transitional, and is used as agricultural pasture land; the Applicant requests the property be zoned I-L, Light Industrial. 4. The Applicant intends to develop an upper end light industrial business park subdivision of 18 building lots and five common lots. The use of the lots will be specifically permitted uses under the I-L, Light Industrial, zone as set forth in the present Zoning and Development Ordinance of the City of Meridian, Idaho, hereinafter referred to as the "Zoning Ordinance," or otherwise restricted by the Covenants, Conditions & Restrictions (CC&Rs) which the Applicant plans to present. The Applicant stated +.-~~-the uses it will not allow on the property, and are thus restricted uses and which are restrictions to be imposed by the Applicant pursuant to the CC&Rs, are Asphalt & Concrete, Automobile Wrecking Yard & Storage, Fuel Yards, Junk Yard, Mobile Bome Manufacturing, Railroad Yards & Shops, Recycling Plants, and Solid Waste Transfer Stations. The forgoing permitted uses are permitted uses, but will not be allowed on or at the property pursuant to the CCSRs to be recorded with the final plat of the property. 5. In the application and at the hearing, the Representative requests that the conditional use process not be a condition of annexation. Applicant requested that the uses which are permitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. MR. JON L. BARNES - PROPERTIES WEST, INC. uses in the I-L, Light Industrial zone pursuant to the Zoning Ordinance be permitted uses at the property without the necessity of securing conditional use permits; uses which are allowed by conditional use permit in the I-L, Light Industrial zone pursuant to the Zoning Ordinance would still require the necessity of securing a conditional use .permit for such use pursuant to the Zoning Ordinance. The Applicant will consider entering into a development agreement with the City of Meridian to restrict the permitted uses of the property. The Applicant has one use planned for the property, and will have a controlled environment as to the development of the property. 6. The property is south of Franklin Road and approximately 500 feet west of Locust Grove Road. The surrounding properties are of mixed use: to the north are light industrial businesses; to the northwest a subdivision presently being marketed as industrial; across Franklin Road is a pumice block business which is industrial; to the north and northeast is the Doug Tamura property being zoned commercial general and light industrial; to the west, south and east of the property is not in the City and is zoned RT by Ada County; also there is property zoned R1 by Ada County, which is at the northwest corner and southeast corner of the property. 7. There currently exists six single family homes along the easterly boundary of the property situated on acreages ranging in size from one to three acres. There exists two single family homes on the westerly boundary, one of which is a rental mobile home which belongs to the owner of the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. MR. JON L. BARNES - PROPERTIES WEST, INC. 8. Mr. Jon L. Barnes, of Properties West, Inc. is the Applicant. Properties West, Inc. owns a portion of the property. Gary R. Little and Deborah A. Little own the other portion of the property. Gary R. Little and Deborah A. Little consented to the application and have requested and consented to the annexation of the portion of the property they own. The application is not at the request of the City of Meridian. 9. Ada County Highway District (ACRD) may submit comments and they shall be incorporated herein as if set forth in full when submitted. 10. 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. The comments included: that the legal description for annexation included in the application appears to conform to all the provisions of the City of Meridian Resolution No. 158, and the requirements of the Idaho State Tax Commission; that any existing irrigation/drainage ditches crossing the property to be included in the project, shall be tiled per City Ordinance 11-9-605 M.; that the ditches to be piped are to be shown on the Preliminary Plat; that the 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 no variances have been requested for tiling of any ditches crossing the project; that any existing domestic wells and/or septic systems within this project will have to be removed FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. MR. JON L. BARNES - PROPERTIES WEST, INC. 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 the Applicant determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans; that the Applicant submit a master street drainage plan approval from the affected irrigation/drainage district; the Applicant coordinate fire hydrant placement with Meridian's Water Works Superintendent; that the Applicant revise the Preliminary Plat map to include land use and existing zoning of the land adjacent to the proposed development; that the pressurized irrigation system within the development needs to be designed along the rear of the lots to avoid conflicts with utilities; 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 250-watt, high-pressure sodium street lights will be required at locations designated by the Meridian Public Works Department after Idaho Power Company completes their design for the service of this development; that all street lights shall be installed at subdivider's expense; that the Applicant add a street name to the stub street going to the west boundary of the property, and provide a 50 feet radius temporary turnaround at the west end of the property; that the temporary turnaround at the west end of the property may require some building restriction status for Lot 1, Block 4 and/or Lot 8, Block 1, degending on an acceptable FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. MR. JON L. BARNES - PROPERTIES WEST, INC. turnaround design; that John Priester, the Ada County Surveyor, has recently indicated that it is not desirable to show these temporary turnarounds on the plats, because it is then a dedicated public right-of-way that must later be vacated; that Mr. Priester stated the best solution to this problem is to record an instrument, either prior or after plat recordation, providing an easement for this purpose, and that the document would have a provision that the easement would automatically be rescinded when the streets are able to go through; that the Applicant has indicated in his preliminary plat Note No. 9 that "improvements along E. Franklin Road (future) will be Road Trusted and constructed by Ada County Highway District at a later date;" that the Applicant is to install afive-foot-wide detached sidewalk along the Franklin Road frontage at this time ahead of the Ada County Highway District reconstruction; that a 20 feet wide planting strips are required to be placed adjacent to all residential properties in accordance with City Ordinance Section 11-9-605 G.; that a planting strip needs to be added on the westerly boundary of the property; that the planting strip shall not be a part of the normal street right-of-way or utility easements; that any contractor's yards proposed must be located a minimum distance of 300 feet from any residence, except for an owner's residence, have a screening fence erected around areas utilized for storage of equipment, with the areas limited to storage, maintenance and processing incidental to contracting work; that lighting shall be designed so as not to cause glare or impact adjacent residential properties, as determined by the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. MR. JON L. BARNES - PROPERTIES WEST, INC. Meridian; that the Meridian Comprehensive Plan states that all uses within this Mixed/Planned Use Development Area shall be developed as a planned unit development under the conditional use process which will be particularly important if the proposed zoning is approved because of the possibility of adverse impacts on adjacent residential properties; and that the potential for incompatible uses is great if the I-L, Light Industrial, zoning is approved without stringent development guidelines being imposed. 11. The Meridian Police and the Nampa & Meridian Irrigation District submitted comments which are incorporated herein as if set forth in full. 12. The Meridian Fire Department submitted comments which are incorporated herein as if set forth in full. These comments included: that there is only one way in and out of the complex; that as long as all codes, number of hydrant requirements, and water supply requirements are met, the Meridian Fire Department will not have a problem. 13. The Central District Health Department submitted comments which are incorporated herein as if set forth in full. These comments included: that after written approval from the appropriate entities are submitted, it can approve this proposal for central sewage; that plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality; that it recommends that the first one half inch of storm water be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. MR. JON L. BARNES - PROPERTIES WEST, INC. to groundwater and surface water quality; and that the engineers and architects involved with the design of the project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. 14. The Representative stated that the proposed improvements that the Applicant is identifying are the roads, water, waste water collection facilities, storm drain facilities and pressurized irrigation. The Representative further stated that in addition to the foregoing improvements there will be a landscaped common lot along Franklin Road, 35 feet in width, a landscaped entry island into the project and there will be a landscaped buffer strip along the easterly boundary 20 feet wide. 15. The Representative stated that the building which the Applicant envisions constructing is intended to be of light industrial use that would lend to a small business operation that somewhat needs a store front and also a requirement of a storage area in the rear. 16. The Representative stated that the Applicant had a couple neighborhood meetings with the adjoining property owners, and invitations were sent to the property owners within 300 feet of the property; that the Applicant had an occasion to meet with a couple of the property owners on a one on one basis and reviewed some of the concerns they had previously expressed. The Representative stated that they discussed the irrigation system that is an existing ditch that will be piped. The ditch, in its state today, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. MR. JON L. BARNES - PROPERTIES WEST, INC. has caused leakage problems and contributed to flooding of basements to the east side of the property. By piping the ditch, they can alleviate some of that problem. 17. The Representative, on behalf of the Applicant, responded by letter dated January 13, 1997, to the submitted comments of Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator. Said response of the Representative are hereby incorporated herein as if set forth in full. 18. With regard to the Applicant's request that the conditional use process not be a condition of annexation, the Representative stated that this development will not be a mixed use development, but a single use development. The particular uses have been identified, and they will identify controls. The Representative stated that the conditional use permit requirement will place the developer at a disadvantage when competing with the developer across from the property; there exists industrial uses within the City of Meridian which do not require conditional use processes; and consistent with a statement in the comprehensive plan, they are attempting to develop business atmosphere and to create jobs, increase economic base and other things which the City is desiring. 19. In response to a question of Commissioner MacCoy concerning control over building construction, the type and color of the material used, the Representative stated that there will be an architectural control committee established, and they have FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. MR. JON L. BARNES - PROPERTIES WEST, INC. identified building material to be used and the types of products to be used in the development. The construction will need the approval of the architectural control committee, including landscape plans, site plan and building materials. The intent is to try to have the same feel throughout the project as created in the entrance. They will keep full control of everything until the last lot is sold. 20. Jim Boyd stated to the Commission that he is in the commercial real estate business and has specialized in industrial real estate for 19 years in the Boise area. Mr. Boyd stated that he believes the project the Applicant is proposing goes well beyond the developments seen in the past with the exception of the one like Central Valley. The restrictive covenants used by residential developments are good for this type of project. The restrictive covenants make the project viable not only during the selling phase, but viable and workable into the future. The architectural control committee cannot be dictatorial because of different products coming into the market; however, it provides for consistency in the project. Mr. Boyd believes there is a need for this type of project; it offers a nice affordable environment for small businesses. 21. Mr. Boyd stated that he would like to see the conditional use process not be a condition of the project. The conditional use process puts the development at a disadvantage. 22. There was testimony at the hearing objecting to the application which was principally as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. MR. JON L. BARNES - PROPERTIES WEST, INC. a. Jim Witherell testified that the difference between this project and other properties is that the project immediately adjoins housing. When the City of Meridian adopted its Comprehensive Plan it adopted some very good standards which include the following: the adjoining property owners cannot lose property value, cannot lose water, cannot suffer damage, and cannot incur health risks. For this reason, light industrial is in segregated areas; areas in which there are no housing. The property has R1 housing on both sides. His house is with 12 feet of the property line. The house on the west side is within one foot of the property line. Mr. Witherell desires the conditional use process to be a condition of the approval of the application. As adjacent property owners, they look at landscaping from the rear, whereas the landscaping is designed from the front. From the rear, the landscaping is a chain link fence and a couple of trees. Based upon definition or logic, the application has to be denied because no amount of landscaping and conditional use restrictions can quiet industrial noise, dim industrial lighting or prohibit health or safety risks to residential areas. The proposed covenants, conditions and restrictions do not provide protection because they do not provide standards, only statements. In response to questions from Chairman Johnson and Commissioner Borup, Mr Witherell stated that he does not object to development of the property, but objects to the proposed zoning and use. b. Ann Witherell testified that if the property is developed as light industrial there will be constant noise. She testified the noise created by traffic and vehicles based upon statistics, and based upon the statistics concerning noise, the proposed industrial park creates a health risk and property values will decline. In response to Commissioner Oslund's question, Ann Witherell stated that the statistics are compiled by the Federal Bureau of Transportation. c. Ted Hanson stated that he had several questions which were not addressed. These questions included whether permission from the Corps of Engineers for a filtration system adjacent to Franklin Road and whether the usage of the property would be 24 hours a day which would increase the noise level at night. d. Robert R. Smith testified that during the development of the property, they will be adversely affected by dust, noise and pollutants during construction. They will need a buffer because his and other neighboring properties adjoin the property. Their FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. MR. JON L. BARNES - PROPERTIES WEST, INC. backyards adjoin the property and they spend a lot of time in their backyards. 22. The Representative testified in response to Mr. Hanson's testimony, Mr. Smith's testimony and the Witherell's testimony as follows. Irrigation from the property has historically run north. The water drains into a drainage that crosses Franklin Road, and then through a natural drainage into the Five Mile Creek on the north side of Franklin Road. The policies of Nampa & Meridian Irrigation District, the City of Meridian, and Ada County Highway District in the design of storm water facilities are to permit the existing amount of discharge to continue after development. However, Ada County Highway District, the City and Corp of Engineers have guidelines for the quality of the discharge water. The rates of flow will be in accordance with the current regulations and codes. The approval of the Corp of Engineers comes in the final design phase of the first final plat along with other issues. With regard to Mr. Smith testimony, there exist requirements imposed upon them; dust will be minimized through the availability and use of water trucks; trash fences will be constructed to contain building materials which may be blown from the property. It does not matter if construction occurs on the property, there will be such a phase of the development of the property. With regard to the Witherell's testimony, they are concerned about the health and well being of the neighbors. They will make every effort to prepare the designs and seek the approval of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. MR. JON L. BARNES - PROPERTIES WEST, INC. regulatory agencies having control over the project. There exist agencies to control the use of the lots after construction. They do not intend to build anything in the project that is not in accordance with currently adopted regulations and standards. 23. In response to questions of Commissioner MacCoy, the Representative stated that he has read nothing in the covenants, conditions and restrictions concerning the restriction of noise, but such could be added if the City so desired. 24. There was comment and discussion between the Commission, the Representative concerning the proposed plat and design for the development of the property. 25. The Representative further testified that there are other areas in which light industrial borders residential areas. One of these areas is a stretch along Emerald Street between Five Mile and Maple Grove, and there is no buffer strips at all. These areas have managed to make the uses compatible, and it seems to work just fine. 26. Mr. Smith testified in response to the Representative's comments concerning the bordering of light industrial and residential. Mr. Smith's testimony included that he is retired from Idaho Power. That while working for Idaho Power, he •~}te- worked to restore a power outage at Sears computer industry, because of the noise. There is a conflict because of the uses of the respective areas during different hours of a day. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. MR. JON L. BARNES - PROPERTIES WEST, INC. 27. George and Mary Ann States submitted a letter concerning this application, which letter is incorporated herein as if net forth in full. 28. Monte C. McClure submitted a letter concerning this application, which letter is incorporated herein as if set forth in full. 29. Archie T. and Ernistine Roberson, James N. and Ann C. Witherell, Gene and Vernadene Pressley, and Robert R. and Jeri Smith, submitted a letter objecting to this application, which letter is incorporated herein as if set forth in full. 30. There were no other comments by the public regarding this application. 31. The property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 32. The property requested to be annexed is preaently 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. 33. The property can presently be physically serviced with City sewer and water. 34. The following pertinent statements are made in the Meridian Comprehensive Plan under ECONOMIC DEVELOPMENT, Economic Development Goal Statement. 1. Policies 1.1 The City of Meridian shall make every effort to create a positive atmosphere which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. MR. JON L. BARNES - PROPERTIES WEST, INC. encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. * * * ~ 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. EHENSIVE PLAN CITY OF MERIDIAN at pages 18 - 19. 35. The following pertinent statements are made in the Meridian Comprehensive Plan under LAND USE, INDUSTRIAL POLICIES. 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.3 Access to industrial areas from collector and local streets will be discouraged. 3.4 Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. MR. JON L. BARNES - PROPERTIES WEST, INC. 3.6 Industrial areas should be located within proximity to major utility, transportation and services facilities. 3.7 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined by the U.S. Environmental Protection Agency. 3.8 Industrial uses which require the storage or production of explosive or toxic materials should be excluded from any area which has a potential of flooding from natural runoff or canal breakage. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff water. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. 3.11 Zoning and development within each of the Industrial Review Areas should be analyzed to ascertain if there are potential problems or conflicts which would hinder the development of these areas by private industrial and business interests. 3.12 All industrial proposals that pertain to the Industrial Review Areas shall be reviewed and monitored by the City Council or designated commissions or committees, so that approved uses are compatible with surrounding planned uses and preserve the integrity of the review areas. Eastern-Eagle Road Light Industrial Review Area. 3.13 It is the policy of the City of Meridian to encourage and promote the development of an overpass at the intersection of Locust Grove Road and I-84 by the Idaho Department of Transportation 3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. MR. JON L. BARNES - PROPERTIES WEST, INC. 3.15 The City of Meridian shall encourage the development of a Technological park and compatible light industrial uses within the proximity of the Idaho Foreign Trade Zone. 3.16U Land uses within the Eastern Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements. 3.17U It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review Area. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 24 - 25. 36. In the Meridian Comprehensive Plan under TRANSPORTATION, Franklin Road, East of Meridian Road, and Eagle Road, North of Overland Road, are designated as Principal Arterials. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 43. 37. In the Meridian Comprehensive Plan under COMMUNITY DESIGN, Entryway Corridor, Franklin Road (East and West entrances) and Eagle Road (North and South entrances) are designated gateway arterials. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 72. The COMPREHENSIVE PLAN CITY OF MERIDIAN provides the following statements under COMMUNITY DESIGN relative to entrance corridors: Entrance Corridors tidal Statement Promote, encourage, develop and maintain aesthetically-pleasing entrances to the City of Meridian. 4. Policies 4.1U Jointly plan entryway corridors to Meridian with Nampa and Boise. 4.2U Support ACHD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. MR. JON L. BARNES - PROPERTIES WEST, INC. development and encourage clustered, landscaped business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 73. 36. 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 Commercial. 39. The requested zoning of Light Industrial (I-L) is defined in the Zoning Ordinance at 11-2-408 B. 14. as follows: jI-L) Light Industrial: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 40. Proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. MR. JON L. BARNES - PROPERTIES WEST, INC. 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 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. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. MR. JON L. BARNES - PROPERTIES WEST, INC. 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 City 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. The Applicants stated that it intends to develop an upper end light industrial business park subdivision of 18 building lots and five common lots. Any uses 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 Subdivision and Development Ordinances. 12. It is concluded that the City could annex the property and zone it (I-L) Light Industrial, but once the property was zoned (I-L) Light Industrial, the Applicants could place many different uses on the property without additional approval from the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. MR. JON L. BARNES - PROPERTIES WEST, INC. other than building permits, 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. 13. It is concluded, as a condition of annexation and zoning, that any use or development of the property shall only be allowed under the conditional use process. 14. As the COMPREHENSIVE PLAN CITY OF MERIDIAN provides under LAND USE, Eastern-Eagle Road Light Industrial Review Area, in 3.14 and 3.16U, at page 25, the character, site improvements and type of light industrial developments should be harmonized with the residential uses in the area; that land uses in the Eastern Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements; and that because the City should have control over any uses that are to be placed on the land, it is therefore concluded that development of the property shall be under the conditional use permit process. 15. It is concluded that the property should be annexed and zoned (I-L) Light Industrial, but only capable of being developed under the conditional use permit process. 16. As a condition of annexation and the zoning of (I-L) Light Industrial, the Applicants shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: a. Inclusion into the development the requirements of 11-9-605; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. MR. JON L. BARNES - PROPERTIES WEST, INC. b. Payment by the Applicants, 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 Planning and Zoning Administrator; k. The sewer and water requirements; 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. Section 11-2-417 D of the Meridian Zoning 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. MR. JON L. BARNES - PROPERTIES WEST, INC. 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 therefore as a condition of annexation a development agreement must be entered into prior to development of the property or issuance of final plat approval. 18. 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. 19. 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. 20. 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. 21. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 22. The Applicants will be required to connect the property to Meridian water and sewer and resolve how the water and sewer mains will serve the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. MR. JON L. BARNES - PROPERTIES WEST, INC. 23. 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. 24. These conditions shall run with the land and bind the Applicants and their successors in interest, assigns, heirs, executors or personal representatives. 25. With compliance of the conditions contained herein, the annexation and zoning of the property as (I-L) Light Industrial would be in the best interest of the City of Meridian. 26. 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 -C~.i r of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL BORUP COMMISSIONER OSLUND VOTED _~ ~,~9~ VOTED /~ COMMISSIONER MACCOY VOTED CBAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24. MR. JON L. BARNES - PROPERTIES WEST, INC. DECISION AND RECOrDiENDATION 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 Applicants or their 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: y -l1 ~`~~ APPROVED DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25. MR. JON L. BARNES - PROPERTIES WEST, INC. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION MICHAEL AND MICHELLE MURASRO APPLICATION FOR ANNEXATION AND ZONING A PORTION OF THE SE 1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO NORTH OF FRANKLIN ROAD, WEST OF EAGLE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on January 16, 1997 at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, a representative of the Applicants, Reith Loveless, hereinafter referred to as the "Representative," 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: FINDINOS 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 January 16, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 16, 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. MURASRO 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 5.46 acres in size. 3 The property is presently zoned by Ada County as RT, Rural Transitional, and is vacant land. The Applicants request the property be zoned I-L, Light Industrial. The Applicants have 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 and the Applicants do not presently propose a project with the property or propose a change in the land use at this time. 5. The property is north of Franklin Road and west of Eagle Road. The property is south of and borders an existing industrial subdivision. 6. Ada County Highway District (ACRD) submitted comments and requirements, all of which comments and requirements are hereby incorporated herein as if set forth in full, and some of which are more particularly set forth as follows. ACRD made a special recommendation to ITD (Idaho Transportation Department) that the Applicants should not have any direct lot access to Eagle Road. ACRD made several site specific requirements, which included that there be compliance with requirements of ITD for State Highway 55 (Eagle Road) frontage; that a letter from ITD be submitted to ACRD regarding said requirements prior to ACRD approval of the final plat or issuance of a building permit (or other required permits), FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. MURASRO whichever occurs first; that access to Franklin Road is restricted within 440-feet of Eagle Road; that a driveway located a minimum of 440-feet from Eagle Road may be restricted to right turns in the future if an interchange is constructed at the Franklin/Eagle Road intersection. 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 this application for Annexation and Zoning appears to meet all of the criteria required by Meridian City Resolution #158, and the Idaho State Tax Commission; that sanitary sewer service to this parcel is not available at this time; that plans have been developed by Ron Van Auker for the extension of sewer into the area, however easements have not been obtained nor have they obtained full plan approval; that water service for this parcel could be from an existing main adjacent to the east of the site in Eagle Road; that the legal description submitted with this application places this parcel adjacent to the south of Olson & Bush Industrial Park, approximately 270 feet from the Lanark Street right-of-way, and approximately 170 feet north of the Franklin Road right-of-way; that direct right-of-way access to the property from North Eagle Road is prohibited according to Dan Cantrell, Right-Of- Way agent with the Idaho Transportation Department; that the Applicants have made a directive to their engineer in their authorization to act on their behalf to "make sure that we shall have a legal right of way off of Franklin and Lanark Street for FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. MURASRO commercial use. There is no point in annexing if there are no right of ways."; and that from the information provided in the application, there does not appear to be any contiguous public right-of-way other than North Eagle Road. 8. Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein as if set forth in full. Her comments included that this annexation and zoning request is in general compliance with the Meridian Comprehensive Plan; that the parcel was part of an illegal lot split that was made in Ada County; that the other portion of the property was annexed as the Haskin/Green property; that the western most parcel fronting Franklin Road was split off from this parcel, which lies below the ridge adjacent to the Olson & Bush Industrial Park; that an easement has been granted from Franklin Road to access this property, and no direct access is allowed from Eagle Road; that the site is shown on the Generalized Land Use Map of the Meridian Comprehensive Plan as Commercial and Industrial; that this may eventually be tied to the stub street being provided in Phase 2 of the Olson & Bush Industrial Park; that the intersection of Eagle Road/Franklin is destined to be developed as an urban interchange with grade-separated approaches; that access on Franklin Road will be limited to one access a minimum of 660 feet west of the intersection; that all ditches are to be tiled in accordance with Meridian City Ordinance unless a variance is granted; that landscape setbacks are required on Eagle and Franklin Roads; that a thirty-five feet (35') setback shall be provided on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. MURASKO Eagle Road; that the Applicants dedicate any additional right-of- way on Eagle Road prior to obtaining building permits/certificates of occupancy; that Applicants furnish a copy of recorded warranty deed for dedication of additional right-of-way prior to obtaining building permits; that, as no use is proposed, all uses shall be governed under the conditional use permit process, which is particularly important because of the problems of access to the site and aesthetics of this entrance-corridor property; that currently, there exists only an easement from Franklin Road, and an easement from Lanark Street; that the easement from Eagle Road through Lanark Street was granted to the previous owners; that the previous owners executed a quit-claim deed to the present owner for the Eagle Road access through property owned by Ted Sigmont; that it is questionable whether this access is feasible for any use; that storage units could possible be one of the few uses compatible with such existing access; that the property will be extremely limited in usability because of the restrictive access; that there appears to be no legal frontage for the property; that the application indicates the property is currently vacant, however, there is a structure of some kind currently on the property; that the Applicants previously requested a building permit from Ada County for construction of a residential unit on the property; that it is assumed that the response to Item 15 of the application refers to the Land Use section, pages 24 and 25, of the Comprehensive Plan, although the intent of this response is unclear; and that a development agreement shall be required as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. MURASKO condition of annexation and additional site requirements will be detailed during the conditional use review process. 9. The Meridian Police Department, the Meridian Fire Department and the Central District Health Department submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 10. The Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. Its comments included that its Snyder Lateral courses through the project; that the right-of-way of the Snyder Lateral is 40 feet, 20 feet from the center facing downstream; that the developer must contact John P. Anderson or Bill Henson for approval before any encroachment or change of right-of-way occurs; that it requires a Land Use Change/Site Development application be filed for review prior to final platting; that all lateral and waste ways must be protected; that all municipal surface drainage must be retained on site; that if any surface drainage leaves the site, it must review drainage plans; that the developer must comply with Idaho Code Section 31- 3805; and that it recommends that irrigation water be made available to all developments with the Nampa S Meridian Irrigation District. 11. The Represenative stated that their is no project for the property; it is strictly a bare land annexation. The Representative further stated that they have no problems with the comments submitted by the agencies. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. MURASRO 12. There was a discussion between Commissioner Borup and the Representative concerning a right-of-way access to Franklin Road. The Representative stated that the right-of-way to Franklin Road is a maybe dependent upon the neighbors, but he thinks in the long term development such right-of-way access will occur. The Representative stated that the Applicants want to proceed without a right-of-way access to Franklin Road; that they have access to Lanark Street via a permanent easement. The Representative explained that the easement to Lanark Street was put together when ITD (Idaho Transportation Department) widened Eagle Road and ITD purchased the easement for the property. The Represenative stated that the right-of-way to Lanark Street is 50 to 60 feet in width, but he would have to review his documents to recall the exact width. 13. There was a discussion between Commissioner Oslund and the Representative about ACHD's comments of a study for an interchange location on Eagle Road, the Applicants' easement to Franklin Road and the potential of the property being land locked without access. The Representative stated that the Applicants are not sure whether they have an access easement to Franklin, but they have access to Lanark Street, and Lanark Street will not be shut off by an interchange or improvements. 14. Ted Sigmont stated to the Commission his opposition to the annexation of the property based upon an inability to provide utility services to the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. MURASKO 15. Dale Ownby stated to the Commission that there is a recorded easement for the property which runs from the property south to Franklin Road. This easement allows for any type of utility; sewer line, water line, telephone line, electric lines; which are needed. Mr. Ownby further stated that Mr. Siqmont was correct that their is the easement across his property; it is not over property of the state of Idaho. 16. Brad Miller stated to the Commission his objection to the annexation of the property based upon an inability to access the sewer line. Mr. Miller stated that notwithstanding the easement to which Mr. Ownby testified allows for sewer, the sewage cannot flow up hill and the easement across Mr. Sigmont's property is for ingress and egress only, not for utilities. Mr. Miller further stated his objection based upon a lack of adequate access to the property. 17. With regard to the availability of sewer to the property, the Representative stated that once the sewer goes down Lanark Street and crosses Eagle Road to Mr. Van Auker's proposed project on the east side of Eagle Road, that the Applicants would have no problem acquiring an easement from the state of Idaho to run sewer within the Eagle Road right-of-way; that the Applicant's will not need to use Mr. Sigmont's property. The Representative acknowledged that sewer service is a problem until it gets down Lanark Street. 18. There were no other comments by the public regarding this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. MURASKO 19. The property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 20. 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. 21. The property cannot presently be physically serviced with City sewer, but water is available from an existing water main in Eagle Road. 22. The following pertinent statements are made in the Meridian Comprehensive Plan under ECONOMIC DEVELOPMENT, Economic Developmeat Coal Statement. 1. Policies 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. * * ~ 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. MURASKO compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. COMPREHENSIVE PLAN CITY OF MERIDIAN at pages 18 - 19. 23. The following pertinent statements are made in the Meridian Comprehensive Plan under LAND USE, INDUSTRIAL POLICIES. 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.3 Access to industrial areas from collector and local streets will be discouraged. 3.4 Industrial uses adjacent to residential areas should not create noise, odor, air pollution, and visual pollution greater than levels normally associated with surrounding residential activities. 3.5 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.6 industrial areas should be located within proximity to major utility, transportation and services facilities. 3.7 Industrial uses which require the storage or the production of explosive or hazardous materials should not be located near residential areas, and should conform to disposal, spill and storage measures as outlined by the U.S. Environmental Protection Agency. 3.8 Industrial uses which require the storage or production of explosive or toxic materials should be excluded from any area which has a potential of flooding from natural runoff or canal breakage. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff water. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. MURASKO • 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. 3.11 Zoning and development within each of the Industrial Review Areas should be analyzed to ascertain if there are potential problems or conflicts which would hinder the development of these areas by private industrial and business interests. 3.12 All industrial proposals that pertain to the Industrial Review Areas shall be reviewed and monitored by the City Council or designated commissions or committees, so that approved uses are compatible with surrounding planned uses and preserve the integrity of the review areas. Eastern-Eacle Road Light Industrial Review Area. 3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. 3.15 The City of Meridian shall encourage the development of a Technological park and compatible light industrial uses within the proximity of the Idaho Foreign Trade Zone. 3.16U Land uses within the Eastern Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements. 3.17U It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review Area. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 24 - 25. 24. In the Meridian Comprehensive Plan under TRANSPORTATION, Franklin Road, East of Meridian Road, and Eagle Road, North of Overland Road are designated as Principal Arterials. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 43. 25. In the Meridian Comprehensive Plan under COMMUNITY DESIGN, Entryway Corridor, Franklin Road (East and West entrances) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. MURASKO and Eagle Road (East and West entrances) are designated gateway arterials. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 72. The COMPREHENSIVE PLAN CITY OF MERIDIAN provides the following statements under COMMUNITY DESIGN relative to entrance corridors: Entrance Corridors Caoal Statement Promote, encourage, develop and maintain aesthetically-pleasing entrances to the City of Meridian. 4. Policies 4.1U Jointly plan entryway corridors to Meridian with Nampa and Boise. 4.2U Support ACHD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 73. 26. 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 a Light Industrial. 27. The requested zoning of Light Industrial (I-L) is defined in the Zoning Ordinance at 11-2-408 B. 14. as follows: jI-L1 Licht Industrial: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. MURASKO objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 28. 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 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. MURASICO 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. 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 City 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. The Applicants stated no proposed use of the property; therefore it cannot be determined if the use would be in compliance with the Comprehensive Plan, however any uses 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. MURASKO Ordinance may not address provisions for the use. It is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. The Applicants have not stated or represented their intention as to development. It is therefore concluded, as a condition of annexation and zoning, that any use or development of the property shall only be allowed under the conditional use process. 13. It is concluded that the City could annex the property and zone it (I-L) Light Industrial, but once the property was zoned (I-L) Light Industrial, the Applicants could place many different uses on the property without additional approval from the City other than building permits, 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. 14. As the COMPREHENSIVE PLAN CITY OF MERIDIAN provides under LAND USE, Eastern-Eagle Road Light Industrial Review Area in 3.14 and 3.16U, at page 25, that the character, site improvements and type of light industrial developments should be harmonized with the residential uses in the area; that land uses in the Eastern Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements; and that because the City should have control over any uses that are to be placed on the land, it is therefore concluded that development of the property shall be under the conditional use permit process. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 15. MURASKO 15. It is concluded that the property should be annexed and zoned (I-L) Light Industrial, but only capable of being developed under the conditional use permit process. 16. As a condition of annexation and the zoning of (I-L) Light Industrial, the Applicants shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: a. Inclusion into the development the requirements of 11-9-605; b. Payment by the Applicants, 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 Planning Director, Shari Stiles; k. The sewer and water requirements; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. MURASKO 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. Section 11-2-417 D of the Meridian Zoning Ordinance provides in part as follows: Zf 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 therefore as a condition of annexation a development agreement must be entered into prior to development of the property or issuance of final plat approval. 18. 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. 19. The requirements of the Meridian City Engineer, Ada County Highway District, Meridian Planning Administrator, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. MURASKO 20. 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. 21. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 22. The Applicants will be required to connect the property to Meridian water and sewer and resolve how the water and sewer mains will serve the property. 23. 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. 24. These conditions shall run with the land and bind the Applicants and their successors in interest, assigns, heirs, executors or personal representatives. 25. With compliance of the conditions contained herein, the annexation and zoning of the property as (I-L) Light Industrial would be in the best interest of the City of Meridian. 26. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. MURASKO APPROVAL OF FINDINGS OF FACT AND of LAw The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER OSLUND VOTED COMMISSIONER MACCOY VOTED (~ v ~~t~ " CHAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. MURASKO DECISION AND RECO?DiENDATION 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 Applicants or their 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: Y << APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. MURASKO BEFORE THE MERIDIAN PLANNING AND ZONING RAYMOND CHACE CONDITIONAL USE PERMIT FOR DAY CARE CENTER 1302 EAST FIRST STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on January 16, 1997, at the hour of 7:00 o'clock p.m., the Applicant, Raymond Chace, hereinafter referred to as 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: FINDINC~B OF FACT 1. A notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 16, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 16, 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. 3. The Applicant does not own the land. The land is owned by Gary and Peggy Timson, and they have consented to the application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. CHACE 4. The property is currently zoned C-C, Community Business District; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2- 409 B., Commercial, Child Care Center is listed as a conditional use in the C-C District and, therefore, in the C-C District a conditional use permit for the operation of a Child Care Center is required. 5. The C-C, Community Business District is described in the Zoning Ordinance, 11-2-408 B. 9 as follows: (C-C1 Community Business District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 6. Conditional Use Permit is defined in the Zoninq And Development Ordinance, City of Meridian, Idaho as follows: "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The property is located at 1302 East 1st Street, Meridian, Ada County, Idaho. 8. The Applicant testified that they have placed an offer to purchase the property, and their intention is to operate a day care for children for twelve (12) or more children. 9. The Applicant testified as follows. They have reviewed the comments from the City Engineer, the Planning Director, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. CHACE Meridian Fire Department, Central District Health and the irrigation questions. They attended the ACRD (Ada County Highway District) hearing. They are prepared to comply with all of the comments. With regard to the driveway, they are prepared to pave with cement the existing driveway and expand it to the curb which was recommended in item C. of the ACRD comments and conform to the City's guidelines. 10. The Applicant testified as follows in response to questions of Commissioner MacCoy. They are aware of the fence height requirements. The gates of the fence surrounding the play area will be lockable. They will comply with signage requirements so as not to create a nuisance to neighboring properties. They are unable to and will not offer their day care services to handicapped children, but they will conform to the Americans With Disabilities Act Federal guidelines for handicap access to the property. They will submit floor plan of the house on the property. To the Applicant's knowledge, they have received no complaints from surrounding neighbors. 11. The Applicant testified as follows in response to questions of Commissioner Borup. They received an off-street parking design and dimensional table from the City of Meridian, with which they will be able to comply. 12. The Applicant testified that the hours of operation will be 7:00 a.m. to 6:00 p.m., Monday through Friday; there will be no overnight hours of operation. The operation will be closed Saturdays and Sundays. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. CHACE 13. The Applicant testified that there is on the southern border an irrigation ditch which is covered and secured. There is a pump which is covered. There are two fences which separate the children from the ditch and pump. 14. Dale Ownby testified concerning the location and coverage of the ditch. He testified that the ditch is covered with a steel grate and the remainder is underground. 15. E. Faye Brewer Buchanan submitted a letter objecting to this application, which letter is incorporated herein as if set forth in full. 16. The Assistant to the City Engineer, Bruce Freckleton, submitted comments which are incorporated herein as if set forth in full. His comments included that all driveway and parking areas shall be paved; that graveled driveways, parking and access are unacceptable; that a drainage plan designed by the State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas; that all site drainage shall be contained and disposed of on-site; that any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M.; that 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 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 4. CHACE 2-414 D. 3.; that all signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance; that sanitary sewer and water to the facility would be through existing service lines; that assessments for sewer and water service will be reviewed to determine whether additional load justifies an adjustment to the assessments; that the Applicant provide any .information that they may have with regards to your anticipated water demand; and that the Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 17. The Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full. 18. Meridian City Police Department, Meridian Fire Department, and Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 19. 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 entities are submitted, it can approve this application for central sewage and central water; and that it will require plans be submitted for a plan review for the child care center. 20. Ada County Highway District submitted comments and requirements, all of which comments and requirements are hereby incorporated herein as if set forth in full, and some of which are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. CHACE more particularly set forth as follows. As site specific requirements that the Applicant reconstruct the existing 12-foot curb cut driveway as a 24 to 30 foot wide curb return driveway with 15-foot curb radii, located on the south property line; that the Applicant pave the drive its full required width of 24 to 30-feet beyond the edge of pavement on East 1st Street; 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 point(s) specifically approved with this application, direct lot or parcel access to East 1st Street is prohibited. 21. 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- 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 statues 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. CHACE 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 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. 7. 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area and assuming that the above conditions or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. CHACE 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; 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 will increase, but due to the drop-off and pick-up being off of the street it should not be a problem; 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. CHACE 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 children, if outside, shall be maintained in the fenced area, as required below; b. There shall be fencing, gates and locks for the outside play area such that no children can leave the property without an adult unlocking and opening the gate to let the child or children out of the play area; no children shall be allowed outside of the play area or the home without an adult being present; the fence shall be maintained in good repair and the children, when outside, shall stay in the fenced area and the children shall not be allowed outside of the fenced area or the home, except for drop-off and pick-up times, and an adult shall be with them at all times if the child or children are waiting to be picked up; c. The Applicant shall meet the state of Idaho requirements for staff to children ratio; d. The Central District Health Department and the state of Idaho Department of Health and Welfare have requirements for day cares and the Applicant shall meet those requirements of the Central District Health Department and the state of Idaho Department of Health and Welfare; e. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another property; f. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, and other governmental agencies submitting comments, which comments specifically include: 1. All driveway and parking areas shall be paved; 2. Graveled driveways, parking and access are unacceptable; 3. A drainage plan designed by the State of Idaho licensed architect or engineer is required and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. CHACE shall be submitted to the City Engineer for all off-street parking areas; 4. All site drainage shall be contained and disposed of on-site; 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 the plans for such 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. 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.; 7. All signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance; 8. Sanitary sewer and water to the facility would be through existing service lines; 9. Assessments for sewer and water service will be reviewed to determine whether additional load justifies an adjustment to the assessments, and that the Applicant provide any information that they may have with regards to the anticipated water demand; and 10. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian. g. The conditional use should 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 in other day care conditional uses and other conditional use applications. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. CHACE 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 CONCLUSIONS OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER MACCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED ~lr~ D 1'~" v~/ VOTED ,1 ~l L 1 VOTED ~~'lll FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. CHACE • DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in 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 and other 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: z-r~9~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 12. CHACE BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JACK IN TAE BOX CONDITIONAL USE PERMIT FOR FAST FOOD RESTAURANT WITH A DRIVE THROUGH 207 EAST FAIRVIEW AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing January 16, 1997, at the hour of 7:00 o'clock p.m., the Applicant on behalf of Foodmaker, Inc. and Bodine Oil Co., Inc., Tom Spader of FREIHEIT & HO ARCHITECTS, INC., P.S., 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: FINDINOS OF FACT 1. A notice of a public hearing on the Conditional Uae Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 16, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 16, 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. JACK IN THE BOX 2. This property is located within the City of Meridian at the southwest corner of East Fairview Avenue and East 2 1/2 Street; 207 E. Fairview Avenue, Meridian, Ada County, Idaho. 3. The Applicant does not own the land. The land is owned by Bodine Oil Co., Inc., and it has consented to the application for a conditional use permit for the purpose of establishing a JACK IN THE BOX quick service restaurant with "Drive Through" access. Bodine Oil Co., Inc. further granted permission to Foodmaker, Inc. and its contracted architects, planners, builders agents or assignees to make application with the City of Meridian for said conditional use permit. 4. The Applicant testified that he is seeking a conditional use permit, on behalf of Foodmaker, Inc. and Bodine Oil Co., Inc., for a 2,800 square feet fast food restaurant with a drive through. 5. "Drive-In Establishment" is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as, "An establishment (other than a service station or truck stop) which is designed to accommodate the motor vehicles and patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make a purchase or to receive services." 5. The property is currently zoned (C-C) Community Business District; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2- 409 B., Commercial, Drive-In Establishments are listed as a conditional use in the C-C District and, therefore, in the C-C District a conditional use permit for the operation of a Drive-In Establishment is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. JACK IN THE BOX r 6. The C-C, Community Business District is described in the Zoning Ordinance, 11-2-408 B. 9 as follows: (C-C) Community Business District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 6. 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." 7. The use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11-2-409 B. 8. Pursuant to the application and the accompanying letter from the Applicant dated December 11, 1996, the property presently has an approved use as a gas station and car wash. 9. The Applicant testified that they are proposing a single story wood frame building with associated site improvements which include all the necessary parking, grading and drainage, irrigation requirements and landscaping; that they have received the staff review comments dated January 13, 1997 and the comments from the Ada County Bighway District; and that they see no problem meeting the requirements and recommendations set forth in said comments. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. JACK IN THE BOX 10. Pursuant to the application and the accompanying letter from the Applicant dated December 11, 1996, the Applicant acknowledges that there may be additional sewer, water or trash fees or charges associated with the use for which they will be responsible. 11. The Applicant added additional comment with regard to the Ada County Highway District's comment concerning the right-in and right-out access. The Applicant testified that they have revised the site plan with regard to Ada County Highway District's comment concerning the right-in and right-out access, and copies are available. 12. The City Engineer or the Assistant to the City Engineer, the Planning and Zoning Administrator, Meridian Fire Department, Meridian City Police Department, Central District Health Department, Ada County Highway District and Nampa & Meridian Irrigation District have 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. There was no further testimony given at the hearing. coacLUSioxs or' inx 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 4. JACK IN THE HOX 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 statues 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 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. JACK IN THE BOX 7. 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoninq Commission concludes as follows: a. The use, would in fact, constitute a conditional uee 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. 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 drop-off and pick-up being off of the street it should not be a problem; 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. JACK IN THE BOX 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. 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 Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department and other governmental agencies submitting comments; c. 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; and d. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. JACK IN TAE BOX 10. It is recommended that if the Applicant meet the conditions stated above that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL ~~' ~~.,,,,,, ///jjj COMMISSIONER BORUP VOTED COMMi33I'QRER SKRARnrR VOTED ' COMMISSIONER OSLUND VOTED ~~( / ` COMMISSIONER MacCOY VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED ID CONCLUSIONS OF LAW - Page 8. i • DECISION AND The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in 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, landscaping 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: z- ~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. JACK IN THE BOX • C~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JOHN NESMITH, MERIDIAN AUTOMOTIVE & MACHINE CONDITIONAL USE PERMIT FOR BUILDING EXPANSION 505 EAST 1ST STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing January 16, 1997, at the hour of 7:00 o'clock p.m., a representative of the Applicant, James Gibson, hereinafter referred to as the "Representative," appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. A notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 16, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 16, 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 the northwest corner of East 1st Street and Bower Street; 505 E. 1st Street, Meridian, Ada County, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. NESMITH, MERIDIAN AUTOMOTIVE & MACHINE 3. Meridian Automotive & Machine, Inc., an Idaho corporation, owns the land, and has consented to the application for the conditional use permit. 4. The property is currently zoned (OT) Old Town; that in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Automobile Repair Shop is 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 an automobile repair shop and expansion of the automobile shop is required. 5. The (OT) Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: jOT) 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, 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. 6. 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." 7. The property ie located at 505 East 1st Street, Meridian, Ada County, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. NESMITH, MERIDIAN AUTOMOTIVE & MACHINE • 8. The testimony of s the Representative is hereby incorporated in full as if set forth in full, which testimony included the following. a. The Representative testified that the application is for an expansion of the existing shop of Meridian Automotive and Machine; b. The expansion of the shop is not necessarily to expand the business, but to allow for more of the vehicles to be stored inside for greater security and convenience; c. They have concerns with regard to the curb, gutter and walk requirements of Ada County Bighway District (ACRD) because Bower Street is relatively undeveloped. The Applicant does not have any objection to installing the curb, gutter and walk; however, it appears to them that drainage problems will be created beyond the project if such is constructed in the manner set forth in ACHD's comment number 1; d. With regard to the location of the driveway on Bower Street, the Represenative stated that there is a typographical error. The set back should be a minimum of 50 feet west of East First Street right-of-way, with which they have no problem; e. With regard to landscaping, they had a question concerning the location of additional trees. From 1948 to 1993, the property has been used as a car sales lot. The property visually deteriorated until the Applicant became the owner of the property and operator of the business thereon. The Applicant has made considerable improvements in terms of landscaping, repair and replacement of paving, and general appearance of the property and facility. The nature of the business at the property is a automobile repair shop and needs to appear that way. They question where the additional trees would be placed considering the effect on sight triangles, obstruction of signage, and the benefit to the community; f. With regard to the location of the building and the requirements of the building code, building inspectors and fire department, they intend to have afire resistive wall near the property line. They believe the fire resistive wall is the most effective way to address building separation concerns. A fire resistive wall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. NESMITH, MERIDIAN AUTOMOTIVE & MACAINE provides better practical protection than a space of ten feet; g. The Application is not to convert the use of the property into a sales lot. The Applicant does not sell vehicles but repairs them; however, automobiles are occasionally placed on the property to sell them. They do not want a condition which would restrict the occasionally display of an automobile for sale; and h. The Applicant requests some flexibility in the screening of materials for security purposes. 7. The Represenative testified as follows in response to questions of Commissioner MacCoy. There exists an asphalt paved lot which has been repaired, resurfaced and striped. They do not propose to change the lot; however, there may need to be some modification of the lot to accommodate the location of the drives. They would be willing to eliminate the access drive at the northeast portion of the property near the railroad; the Applicant is willing to meet ACHD's requirements. They are not planning to change the signage at the property. One of the main reasons for expansion of the building is to store material and items inside, rather than outside where such materials and items presently are stored. The expansion of the building that they are proposing includes two or three of the exposed walls being metal aiding. The fourth wall, which adjoins the existing structure, would be afire wall. They have not yet determined whether said fourth wall would be metal on the outside or masonry. Relighting of the property is not part of the project; however, there will be porch lights or minor lighting on the building expansion. They will comply with the lighting requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. NESMITH, MERIDIAN AUTOMOTIVE & MACHINE 8. The testimony of John Nesmith is hereby incorporated in full as if set forth in full, which testimony included the following. a. He does not have a dealer's license; b. They do plan to conduct an impound business. With regard to impounded vehicles, they maintain 10 to 15 cars on average. The determining factors are the impound requirements of the particular department; Ada County, Boise City and Meridian City. The cars with which they get stuck are hauled off. They use a supplemental lot located at 41 East Bower for their primary storage of impounded vehicles. The supplemental lot is where 908 of the impounded vehicles are stored. The supplemental lot has locked gates and screening. The property is used 108 of the time for impound vehicles; c. Mr. Nesmith concurred with Chairman Johnson's comment that the outside storage of impounded vehicles is unattractive. Mr. Nesmith attempts to remove unsightly vehicles, but he must follow the legal requirements so he is not in violation of the law; and d. With regard to the screening, Mr. Nesmith has concerns with screening requirements for security reasons. He desires some visibility to allow the police to view such areas, and prevent hide zones. He attempts to keep the materials and various items in an organized, neat manner so as not to create a junk pile. 9. The City Engineer or the Assistant to the City Engineer, the Planning and Zoning Administrator, Meridian Fire Department, Meridian City Police Department, Central District Aealth Department, Ada County Highway District and Nampa 5 Meridian Irrigation District have 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. 10. There was no further testimony given at the hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. NESMITH, MERIDIAN AUTOMOTIVE & MACHINE 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 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 statues 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. NESMITH, MERIDIAN AUTOMOTIVE & MACHINE 6. 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. 7. 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area 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 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 drop-off and pick-up being off of the street it should not be a problem; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 7. NESMITH, MERIDIAN AUTOMOTIVE & MACHINE 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 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. 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 Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department and other governmental agencies submitting comments; c. 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; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. NESMITH, MERIDIAN AUTOMOTIVE & MACHINE d. All ordinances of the City of Meridian moat 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 meet the conditions stated above that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINOS OF FACT AND The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP S~T~rRSR COMMISSIONER OSLUND COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED -' vy ~ ~ ~~~~ VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. NESMITH, MERIDIAN AUTOMOTIVE & MACHINE DECISION AND RECOI+D9ENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in 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, landscaping 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: 2.cr-~'7 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. NESMITH, MERIDIAN AUTOMOTIVE & MACHINE BEFORE TBE MERIDIAN PLANNING AND ZONING COMMISSION MERIDIAN ASSEMBLY OF GOD CONDITIONAL USE PERMIT FOR USE OF MODULAR BUILDINGS 1830 NORTH CINDER ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing January 16, 1997, at the hour of 7:00 o'clock p.m., a representative of the Applicant, Patrick Drake, hereinafter referred to as the "Representative," appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. A notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for January 16, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the January 16, 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 1830 N. Linder Road, Meridian, Ada County, Idaho. The legal FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. MERIDIAN ASSEMBLY OF GOD description of the property is included in the application, and by this reference is incorporated herein. 3. The Applicant, Meridian Assembly of God, Inc., owns the property. 4. Pursuant to the application and the accompanying letter from the Ed Kreiner, President, notarized dated December 12, 1996 that the property and the facilities are used for church functions; that the two proposed modular buildings would consist of a total of approximately 4,000 square feet and located as set forth in the site plan submitted with the application; that the Applicant agrees to pay any additional sewer, water or trash fees or charges associated with the use. 5. The Representative testified that they are requesting a conditional use permit to allow two modular buildings for a three year period for additional classroom space that they need for their growth. The Representative further stated they have reviewed the comments submitted and are willing to adhere to their recommendations. 6. In response to questions from the Commissioners, the Represenative stated as follows: a. The buildings will be used as classrooms. They are not planning to have restroom facilities in the two buildings; b. They do not intend to use the buildings for storage; c. They intend to place the buildings in the grass area of the Applicant's property, and they would construct an asphalt sidewalk for access to the two buildings; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. MERIDIAN ASSEMBLY OF GOD d. They will meet all requirements and codes for the disabled; e. At this point in time, the church has grown so fast that the property, in terms of space, is not adequate. They hope to move to a new location within two years. At the time they move they would take the modular buildings with them; f. They believe it appropriate to place a specific time period on the conditional use permit, and they have proposed a period of three years; and g. They have met with Ada County Highway District (ACHD), and they are willing to complete the improvements ACHD requested. 7. Sharon Jarrett submitted a letter objecting to this application, which letter is incorporated herein as if set forth in full. B. Brian Goold testified in objection to the application based upon the value of his residence declining. Mr. Goold's testimony is incorporated herein as if set forth in full. Mr. Goold testified that he moved to his residence on Storey Street in Meridian, Idaho approximately 3 1/2 years ago. His residence appraised for $82,900. Storey Street does not have curbs; it is not an attractive street compared to those presently being built in subdivisions. Property values in the surrounding area have appreciated, while the value of his residence has decreased. His back yard opens into a farmer's field which is next to the Applicant's property. Mr. Goold arrived at the value of his house based upon the sale of equivalently sized houses on Storey Street. However, Mr. Goold stated that his taxes have increased; that he had a 10$ increase on the assessment value of his residence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. MERIDIAN ASSEMBLY OF GOD 9. In response to the testimony of Mr. Goold, the Representative stated that the Applicant purchased a four acre parcel between Storey Street and the building at the property. They have no plans to develop the four acre portion of the property, so there is an approximate four acre buffer between the existing building, the location of the two modular buildings, and Storey Street. 10. The Assistant to the City Engineer, the Planning and Zoning Administrator, Meridian Fire Department, Meridian City Police Department, Central District Health Department, Ada Planning Association, and Nampa 6 Meridian Irrigation District have 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. 11. Ada County Highway District submitted comments and requirements, all of which comments and requirements are hereby incorporated herein as if set forth in full, and some of which are more particularly set forth as follows. Applicant (owner) dedicate 45-feet of right-of-way from the centerline of Linder Road abutting the parcel (20 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of- way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. MERIDIAN ASSEMBLY OF GOD administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. Applicant (owner) construct a five feet wide concrete sidewalk on Linder Road abutting th entire parcel, located one-foot with the new right-of-way of Linder Road. Applicant (owner) reconstruct the two existing 20-foot wide driveways as 24 to 30-feet wide driveways with 15 foot radii pavement tapers abutting the existing roadway edge. 12. The property is currently zoned (R-4) Low Density Residential District; that in the ZONING SCHEDULE OF USE CONTROL, Sections 11-2-409 B. Commercial, Churches are not listed as a conditional use in the R-4 District. 13. The R-4, Residential District is described in the Zoning Ordinance, 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 uses 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. 14. Section 11-2-406 A of the City of Meridian Zoning and Development Ordinance provides: It is the intent of this Ordinance to permit conforming uses. All applications for the enlargement, expansion, extension of non-conforming uses or all applications for the addition of other structures or uses prohibited elsewhere in the same district shall be subject to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. MERIDIAN ASSEMBLY OF GOD • Conditional Use procedures of Section 2-416 of this Ordinance. 15. 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- 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 statues and ordinances, and of actual conditions existing within the City and state of Idaho. 4. Section 11-2-406 E of the City of Meridian Zoning and Development Ordinance provides: If a lawful use involving individual structures, or of a structure and land combination, exists at the effective date of adoption or amendment of this Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: 2. A non-conforming use shall be extended to occupy any additional land area only as an application shall be submitted to the commission and in accordance with the Conditional Use procedures of Section 2-418 of this Ordinance. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. MERIDIAN ASSEMBLY OF GOD 5. Non-Conforming Use is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "The use of land or a use of a structure or building which is not in conformance with the conditions or requirements of this Ordinance." 6. 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." 7. 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. 8. 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. 9. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. MERIDIAN ASSEMBLY OF GOD 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. 10. 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area 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 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 drop-off and pick-up being off of the street it should not be a problem; 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 coat for public facilities and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. MERIDIAN ASSEMBLY OF GOD 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. 11. 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 Zoninq 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 and other governmental agencies submitting comments; c. The conditional use shall be for the placement of two (2) modular buildings at the property in accordance with the site plane submitted by Applicant; d. The conditional use shall be restricted to a period of authorization of three (3) years, and may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; and e. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. MERIDIAN ASSEMBLY OF GOD • ~ Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements. 12. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 13. It is recommended that if the Applicant meet the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. MERIDIAN ASSEMBLY OF GOD DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in 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, landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be restricted to a period of authorization of three (3) years and subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: ~, /~ --~ ~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. MERIDIAN ASSEMBLY OF GOD APPROVAL OF FZNDINC~S OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER OSLUND COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) VOTES--t VOTED" Z'~~~9 VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. MERIDIAN ASSEMBLY OF GOD