1997 01-29
MERIDIAN PLANNING & ZONING COMMISSION
AGENDA
WEDNESDAY, JANUARY 29, 1997 - 5:00 P.M.
CITY COUNCIL CHAMBERS
1. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE
PERMIT FOR A TAEKWAND SCHOOL BY BECKY AND JOHN
SCHIEBOUT: f.+-y~rOCe ~9~ ~ G'~G
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2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE
PERMIT FOR A CRAFT STORE WITH AN ESPRESSO SHOP BY
CLIFF & LISA SEXTON ND STEWART 8 KRIS HASKELL:
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OFF IA c •
•
HUB OF TREASURE VALLEY
WILLIAM G. BERG, JR., Clty Clerk A Gaod Place to Live
JANICE L. LASS, CIry Treasurer
GARY D. SMITH, P.E., City Engineer
BRUCE D
STUAR
W CITY OF MERIDIAN
.
i
ater Works Supt
JOHN r. sHAwcaoFr, waste water supt.
DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO
SHARI L. STILES, P S Z Administrator MERIDIAN, IDAHO 83642
PATTY A. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS
Flre Chief (208) 8884433 • FAX (206) 687-4813
,
W.L. "BILL' GORDON, Pollee Chief Public Works/Building DepNtment (206) 887-2211
WAVNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivea License (206) 888-4443
- ROBERT D. CORRIE
Mayor
NOTICE OF SPECIAL MEETING
C N I M M9 Rc
WALT W. MORROW, President
RONALD R. TOLSMA
CHARLES M. ROUNTREE
GLENN R. BENTLEY
P & Z COMMI cION
JIM JOHNSON, Chairman
KEITH BORUP
JIM SHEARER
GREG OSLUND
MALCOLM MACCOY
NOTICE IS HEREBY GIVEN that the Planning & Zoning Commission of the City of
Meridian will hold a Special Meeting at City Hall, 33 East Idaho, Meridian, Idaho, on
Wednesday, January 29, 1997 at 5:00 P.M. The Meridian Planning & Zoning Commission
will hear the following items:
• Findings of Fact and Conclusions of Law for a Conditional Use Permit for a
Taekwando School by John & Becky Schiebout:
• Findings of Fact and Conclusions of Law for a Conditional Use Permit for a
craft store with an espresso shop by Lisa & Cliff Sexton and Kris &
Stewart Haskell:
The public is welcome to attend.
DATED this 24th day of January, 1997.
rlt:r(G~-..
WILLIAM G. BERG, JR., I CLERK
MERIDIAN PLANNING & ZONING COMMISSION JANUARY 29 1997
The special meeting of the Meridian Planning and Zoning Commission was called to
order by Chairman Jim Johnson at 5:00 P.M.:
MEMBERS PRESENT: Keith Borup, Malcolm MacCoy:
MEMBERS ABSENT: Greg Oslund:
OTHERS PRESENT: Will Berg, Wayne Crookston, Shari Stiles
ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL
USE PERMIT FOR A TAEKWANDO SCHOOL BY BECKY & JOHN SCHIEBOUT:
Johnson: Are there any corrections, deletions or discussion the findings of fact as
prepared by the City Attorney? Mr. MacCoy, do you have any comments? I only have
one observation here which on page 6 and page 12, it is more or less a clarification.
Page 11 I am sorry. Page 6 we say that the basement cannot be used by the public,
unless there is a fire water sprinkler system installed. And number 28 on page 11, it
says the same thing I guess. I thought there was a conflict in that public use was not
clarified but it appears to be so I guess I am okay on that, I guess we are all right on
that. I was afraid we weren't being consistent, I should have read it a little closer I
guess. That is all I have got, everything else seems to be as we discussed. If no one
else has any comments maybe we could entertain a motion on the findings of fact.
MacCoy: Mr. Chairman, it is recommended that if the applicant's meet the conditions
stated above that the conditional use permit be granted to the applicants. The Meridian
Planning and Zoning Commission hereby adopts and approves these findings of fact
and conclusions of law.
Borup: Second
Johnson: We have a motion by Commissioner MacCoy and second by Commissioner
Borup, roll call vote.
ROLL CALL VOTE: Borup -Yea, Oslund -Absent, MacCoy -Yea, Johnson -Yea
MOTION CARRIED: All Yea
Johnson: Recommendation to the City?
MacCoy: 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
Meridian Planning ~ Zorlfng Commission •
Special Meeting
January 29, 1997
Page 2
as found justified and appropriate by the City Council and the property be required to
meet the water and sever requirements, the fire and life safety code, 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.
Borup: Second
Johnson: We have a decision and recommendation as stated by Commissioner
MacCoy, seconded by Commissioner Borup, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL
USE PERMIT FOR A CRAFT STORE WITH AN ESPRESSO SHOP BY CLIFF & LISA
SEXTON AND STEWART & KRIS HASKELL:
Johnson: Any discussion regarding the findings of fact as prepared by the City
Attorney.
MacCoy: After reading the material I have none.
Borup: I have none.
Johnson: I have one question which I assume is implied but maybe would not be clear
to the applicant and that is item 26 on page 12, it says the applicant shalt submit and
attain approval of their plan for the food establishment. Perhaps it would be best to
direct to whom they are to submit and obtain approval. What department in the City.
That is the only comment. I don't recall in our discussion as shown on page 11, number
13 that we asked for a notarized letter from the Brewer's but I don't have a problem with
that. I don't remember us talking about that one. That is page 11, item 13. But I guess
our City Attorney thought that would be a good idea so I don't have a problem with that.
Does anyone else have anything? If not I will entertain a motion for approval of the
findings of fact and conclusions of law.
MacCoy: Mr. Chairman, it is recommended if the applicants meet the conditions stated
above that the conditional use permits be granted to the applicants. The Meridian
Planning and Zoning Commission hereby adopts and approves these findings of fact
and conclusions of law.
Borup: Second
Meridian Planning & Zo~g Commission •
Special Meeting
January 29, 1997
. Page 3
Johnson: Motion my Commissioners MacCoy, second by Commissioner Borup to
approve the findings of fact as prepared, roll call vote.
ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy -Yea, Johnson -Yea
MOTION CARRIED: All Yea
Johnson: Recommendation and decision that you would like to give to the City
Council.
Borup: Mr. Chairman, I move the City 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 applicants for the property described in the
application with the conditions set forth in the findings of fact and conclusions 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 life and fire safety code,
uniform fire code, parking paving and landscape requirements and all ordinances of the
City of Meridian. The conditional use shall be subject to review upon notice to the
applicant's by the City.
MacCoy: Second
Johnson: Motion by Commissioner Borup, second by Commissioner MacCoy to pass
the decision and recommendation to the City Council as read, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Borup: I move we adjourn.
MacCoy: Second
Johnson: Motion to adjourn, all those in favor? Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 5:10 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
Meridian Planning & ZoRfng Commission •
Special Meeting
January 29, 1997
Page 4
APPROVED:
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JI J H ON, CHAIRMAN
ATTEST:
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WILLIAM G. BERG, JR., LERK = $~L
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
JOHN SCHIEBOUT AND BECKY SCHIEBOUT
CONDITIONAL USE PERMIT FOR PRIVATE TAEKWONDO SCHOOL
706 EAST 1ST STREET
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
January 14, 1997 at the hour of 7:00 o'clock p.m., one of the
Applicants, Becky Schiebout, hereinafter the "Applicant," appearing
in person, the Planning and Zoning Commission of the City of
Meridian having duly considered the evidence and the matter makes
the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. A notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to 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.
2. This property is located within the City of Meridian and
the Applicants are the lessors of the property; that the property
is currently zoned (OT) Old Town; that in the ZONING SCHEDULE OF
USE CONTROL, Section 11-2-409 B., School - Private is listed as a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
SCHIEBOUT
conditional use in the (OT) Old Town District and, therefore, in
the (OT) Old Town District a conditional use permit for the
operation of a private school is required.
3. The (OT) Old Town District is described in the Zoning
Ordinance, 11-2-408 B. 12. as follows:
(OTl 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.
4. 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."
5. The property is located at 706 East 1st Street, Meridian,
Ada County, Idaho.
6. The Applicant testified that. the intention of the
Applicants is to operate a private taekwondo/karate school for
people of different age groups.
7. The hours of operation will be from 9:00 a.m. to 9:00
p.m., Monday through Saturday.
8. The Applicant testified as follows. She and her husband
teach self defense. They plan to open the private taekwondo/karate
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
SCHIEBOUT
school on March 1, 1997 if everything is approved. A parking area
is available behind the subject property, which parking area would
be posted as private parking for their customers and clients; the
Applicant was uncertain as to the number of available parking
spaces, but believed there was probably 8 to 10. The square
footage of the subject property is at least 2,000 square feet, and
anywhere from 2,000 to 3,000 square feet, and there is a basement.
The subject property is being remodeled, which remodel should be
completed by the beginning of February, 1997. As far as the
Applicant knows the heating, air conditioning, electrical, windows
and glass have been redone. Paving behind the back door of the
subject property has also been done because of water leaking into
the basement. The Applicant understood that the owner of the
subject property is to pave the parking area behind the subject
property. To the knowledge of the Applicant, an occupancy permit
has been issued. The Applicants will place a lighted sign on the
front of the subject property, which sign will not have blinking
lights.
9. The Assistant to the City Engineer, Bruce Freckleton,
submitted comments which are incorporated herein as if set forth in
full. The comments included the following: that off-street parking
shall be provided in accordance with Section 11-2-414 of the City
of Meridian Zoning and Development Ordinance; 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 11-2-414 D. 3.; that all signs shall be in accordance with
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
SCHIEBOUT
the standards set forth in 2-415 of the City of Meridian Zoning and
Development Ordinance; and 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 Applicants provide any information that they may have regarding
the anticipated water demand; and that the Applicants will be
required to enter into an Assessment Agreement with the City of
Meridian.
10. The Planning and Zoning Administrator, Shari Stiles,
submitted comments which are incorporated herein as if set forth in
full. The comments included: that all signage shall be in
accordance with the standards set forth in Section 11-2-415 of the
City of Meridian Zoning and Development Ordinance; that all signage
shall receive design approval of the Planning & Zoning Department;
that A-frame signs shall not be permitted; that sign permits must
be obtained from the Building Department for all signage; that the
building needs to be brought up to code for Fire and Life Safety
requirements and must meet handicapped accessibility standards;
that one three-inch caliper tree is required for each 1,500 square
feet of pavement; that all landscaping areas are to be provided
with an underground sprinkling system; that the only available
space for landscaping is in the parking lot at the rear of the
building; that all off-street parking areas are to be paved and
striped; that all paving, striping and signage of the parking lot
shall be in accordance with Meridian City Ordinance Section 11-2-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
SCHIEBOUT
414 and the Americans With Disabilities Act; that parking stalls
are to be a minimum of 9' x 19' with 25' driveways; that a letter
of credit shall be required for completion of the parking lot prior
to occupancy; that handicapped accessible parking and walkways are
to be provided in accordance with the Americans With Disabilities
Act, including appropriate signage; that screened trash enclosures
are to be provided in accordance with City Ordinance; that [the
Applicants] coordinate dumpster site locations with the City's
solid waste contractor, Sanitary Services, Inc.; that [the
Applicants] locate dumpsters so as not to impede fire access; that
a Certificate of Occupancy signed by all agencies is required prior
to operating in accordance with City Ordinance; that the Applicants
are to meet any conditions imposed by Ada County Highway District
prior to receiving occupancy; that lighting shall not illuminate
residential properties or cause glare problems as determined by the
City of Meridian; that the Applicants shall supply the Public Works
Department with anticipated sewer and water usage for analysis in
determining whether additional assessment fees should be charged;
that [the Applicants] will enter into a re-assessment agreement
prior to issuance of an occupancy certificate; and that the
Applicants need to provide the number of students and hours of
operation for inclusion in the conditions of approval.
11. Meridian City Police Department, Central District Aealth
Department, Ada County Highway District and Nampa & Meridian
Irrigation District submitted comments, which respective comments
are hereby incorporated herein as if set forth in full.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
SCHIEBOUT
12. Meridian Fire Department submitted comments, which
comments are hereby incorporated herein as if set forth in full;
that all codes will need to be met; and that the basement cannot be
used by the public unless there is a fire water sprinkler system
installed.
13. There was comment and discussion between Commissioner
Borup, Planning fi Zoning Administrator Shari Stiles, and the
Applicant pertaining to the comments submitted by Administrator
Stiles concerning landscaping, the practicality, location and
visibility of such landscaping.
14. There was comment and discussion between Commissioner
MacCoy, Commissioner Oslund and the Applicant concerning the
requirements of the Americans With Disabilities Act and the
Applicants meeting those requirements.
15. There was comment and discussion between Commissioner
Oslund, Commissioner Borup, Planning 5 Zoning Administrator Shari
Stiles, and the Applicant concerning the City of Meridian's parking
requirements, whether the Applicants' Application meets the parking
requirements, the Applicants obtaining a variance if they were not
able to meet the parking requirements, and the area available for
parking.
16. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
SCHIEBOUT
including the mailing of notice to owners of property within 300
feet of the external boundaries of the Applicants' property.
2. The City of Meridian has authority to grant conditional
uses pursuant to 67-6512, Idaho Code, 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 statutes and
ordinances, and of actual conditions existing within the City and
state of Idaho.
4. The City of Meridian has authority to place conditions on
a conditional use permit and the use of the property pursuant to
67-6512, Idaho Code, and pursuant to that section conditions
minimizing the adverse impact on other development, controlling the
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 uae 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
SCHIEBOUT
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. 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 the Applicants may have to pay additional
fees for the use;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
SCHIEBOUT
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community;
g. If the conditions are met, the use should not
involve a use, activity, process, material, equipment or
conditions of operation that would be detrimental to
person, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes,
glare or odors;
h. Sufficient parking for the proposed use will be
required to meet the requirements of the City ordinance;
and
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
8. As conditions may be placed upon the granting of a
conditional use permit to minimize adverse impact on other
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 Applicants shall meet the requirements of the City
Engineer's office, the Planning and Zoning Administrator,
Meridian Fire Department and other governmental agencies
submitting comments, which comments specifically include:
1. Off-street parking shall be provided in accordance
with Section 11-2-414 of the City of Meridian
Zoning and Development Ordinance;
2. Outside lighting shall be designed and placed so as
not to direct illumination on any nearby
residential areas and in accordance with City
Ordinance Section 11-2-414 D. 3.;
3. All signs shall be in accordance with the standards
set forth in 2-415 of the City of Meridian Zoning
and Development Ordinance;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 9.
SCHIEBOUT
4. The Applicants shall enter into an Assessment
Agreement with the City of Meridian and assessments
for sewer and water service will be reviewed to
determine whether additional load justifies an
adjustment to the assessments;
5. The Applicants will provide any information that
they may have regarding water demand;
6. All signage shall be in accordance with the
standards set forth in Section 11-2-415 of the City
of Meridian Zoning and Development Ordinance;
7. All signage shall receive design approval of the
Planning & Zoning Department;
8. A-frame signs shall not be permitted;
9. Sign permits shall be obtained from the Building
Department for all signage;
10. The building shall be brought up to code for fire
and life safety requirements and must meet
handicapped accessibility standards;
11. One three-inch caliper tree shall be required for
each 1,500 square feet of paved parking lot area;
12. All landscaping areas are to be provided with an
underground sprinkling system;
13. All off-street parking areas are to be paved and
striped;
14. All paving, striping and signage of the parking lot
shall be in accordance with Meridian City Ordinance
Section 11-2-414 and the Americans With
Disabilities Act;
15. Parking stalls are to be a minimum of 9' x 19' with
25' driveways;
16. A letter of credit shall be required for completion
of the parking lot area prior to occupancy;
17. Handicapped accessible parking and walkways are to
be provided in accordance with the Americans With
Disabilities Act, including appropriate signage;
18. Screened trash enclosures are to be provided in
accordance with City Ordinance;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
SCHIEBOUT
19. The Applicants shall coordinate dumpster site
locations with the City's solid waste contractor;
20. The Applicants shall locate dumpsters so as not to
impede fire or emergency access;
21. The Applicants shall obtain a Certificate of
Occupancy signed by all agencies prior to operating
in accordance with City Ordinance;
22. The Applicants shall meet any conditions imposed by
Ada County Highway District prior to receiving
occupancy;
23. Lighting shall not illuminate residential
properties or cause glare problems as determined by
the City of Meridian;
24. The Applicants shall supply the Public Works
Department with anticipated sewer and water usage
for analysis in determining whether additional
assessment fees should be charged;
25. A re-assessment agreement will be entered into with
the Applicants prior to issuance of a Certificate
of Occupancy;
26. The Applicants shall provide the number of students
and hours of operation;
27. The Applicants meet the requirements of all
applicable codes; and
28. The Applicants shall not permit public use of the
basement of the subject property until a fire water
sprinkler system has been installed and is
operational.
c. The conditional use shall not be restricted to a period
of authorization but may be reviewed annually, upon
notice to the Applicants, for violation of any conditions
imposed herein and other conditional use applications.
10. The above-conditions are concluded to be reasonable and
the Applicants shall meet these conditions.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
SCHIEBOUT
11. It is recommended that if the Applicants meet the
conditions stated above that the conditional use permit be granted
to the Applicants.
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 VOTED ti(:2GL.
COMMISSIONER OSLUND VOTED a 4St.w~"
-- - VOTED -~-'
COMMISSIONER MACCOY VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
SCHIEBOUT
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 Applicants for the property
described in the Application with the conditions set forth in the
Findings of Fact and Conclusions of Law or similar conditions as
found justified and appropriate by the City Council and that the
property be required to meet the water and sewer requirements, the
Fire and Life Safety Codes, Uniform Fire Code, parking, paving,
landscaping requirements, and all Ordinances of the City of
Meridian. The conditional use should be subject to review upon
notice to the Applicants by the City.
MOTION:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13.
SCHIEBOUT
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
CLIFF AND LISA SEXTON, AND STEWART AND RRIS HASKELL
CONDITIONAL USE PERMIT FOR CRAFT STORE WITH ESPRESSO SHOP
141 EAST CARLTON
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing
January 14, 1997 at the hour of 7:00 o'clock p.m., one of the
Applicants, Stewart Haskell, hereinafter the "Applicant," appearing
in person, the Planning and Zoning Commission of the City of
Meridian having duly considered the evidence and the matter makes
the following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. A notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to 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.
2. This property is located within the City of Meridian and
the Applicants are the owners of the property; that the property is
currently zoned (OT) Old Town; that in the ZONING SCHEDULE OF USE
CONTROL, Section 11-2-409 B., Retail Stores and Restaurants are
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 1.
HASKELL
~ #
listed as conditional uses in the (OT) Old Town District and,
therefore, in the (OT) Old Town District a conditional use permit
for the operation of the craft store with espresso shop is
required.
3. The (OT) Old Town District is described in the Zoning
Ordinance, 11-2-408 B. 12. as follows:
(OT1 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.
4. 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."
5. The property is located at 141 East Carlton, Meridian,
Ada County, Idaho.
6. The Applicant testified that the intention of the
Applicants is to operate a craft store with an espresso shop.
7. The Applicant testified as follows. The Applicants will
operate a craft store and espresso shop from the subject property.
There presently exists a sign at the subject property, which the
Applicants intend to use. They plan to replace the plastic on the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
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sign with plastic displaying their business' logo, and to place a
neon espresso sign and an open and closed aign at windows inside
the building. Other than the existing outside sign, the Applicants
will not display any outside signs. The signs will not have
blinking lights or other similar characteristics. The Applicants
will build a ramp into one of the entrances to the shop area of the
subject property if required to provide handicapped access. The
Applicants will use exterior lights, such as flood porch lights, to
light the subject property for security purposes. The lights will
not point into the street. The Applicants are aware of the
comments and requirements of Ada County Highway District.
Dependent upon the success of the Applicants' business, they may
add a parking lot to the back area of the subject property. The
Applicants have permission from Mr. Brewer to use the back portion
of the parking area of his mortuary for overflow parking for their
business.
8. The Assistant to the City Engineer, Bruce Freckleton,
submitted comments which are incorporated herein as if set forth in
full. He commented as follows: that off-street parking shall be
provided in accordance with Section 11-2-414 of the City of
Meridian Zoning and Development Ordinance; 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 11-2-414 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
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•
facility would be through existing service lines; that assessments
for sewer and water service will be reviewed to determine whether
the additional load justifies an adjustment to the assessments;
that the Applicants provide any information that they may have
regarding the anticipated water demand; and that the Applicants
will be required to enter into an Assessment Agreement with the
City of Meridian.
9. The Planning and Zoning Administrator, Shari Stiles,
submitted comments which are incorporated herein as if set forth in
full, and which were basically as follows: that all signage shall
be in accordance with the standards set forth in Section 11-2-415
of the City of Meridian Zoning and Development Ordinance; that all
signage shall receive design approval of the Planning & Zoning
Department; that A-frame signs shall not be permitted; that sign
permits must be obtained from the Building Department for all
signage; that the building needs to be brought up to code for fire
and life safety requirements and must meet handicapped
accessibility standards; that one three-inch caliper tree is
required for each 1,500 square feet of pavement; that all
landscaping areas are to be provided with an underground sprinkling
system; that all off-street parking areas are to be paved and
striped; that no off-street parking spaces are shown in the
Application; that a previous application submitted by Bill and
Joyce Brewer in 1995 indicated that the Brewers would utilize
funeral home parking area to meet their off-street parking
requirements; that the Applicants are to submit a notarized letter
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
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from Bill and Joyce Brewer that the immediately foregoing matter is
still the case; that handicapped accessible parking and walkways
are to be provided in accordance with the Americans With
Disabilities Act, including appropriate signage; that screened
trash enclosures are to be provided in accordance with City
Ordinance; that [the Applicants] coordinate dumpster site locations
with the City's solid waste contractor, Sanitary Services, Inc.;
that [the Applicants] locate dumpsters so as not to impede fire
access; that a Certificate of Occupancy signed by all agencies is
required prior to operating in accordance with City Ordinance; that
the Ada County Highway District has indicated that the conditions
of the previous approval have not been met; that the Applicants are
to meet all conditions imposed by Ada County Highway District prior
to receiving occupancy for the espresso shop; that improvements
include replacement of the curb and gutter on Carlton and Second
Street and construction of pedestrian ramps in compliance with
Idaho Code Section 40-1335; that all paving, striping and signage
of parking lot to be in accordance with Meridian City Ordinance
Section 11-2-414 and the Americans With Disabilities Act; that all
off-street parking spaces are to be paved; that parking stalls are
to be 9' x 19' minimum with 25' driveways; that lighting shall not
illuminate residential properties or cause glare problems as
determined by the City of Meridian; that the Applicants shall
supply the Public Works Department with anticipated sewer and water
usage for analysis in determining whether additional assessment
fees should be charged; and that a re-assessment agreement will be
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
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entered into with the Applicants prior to issuance of an occupancy
certificate.
10. 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.
Facts and Findings:
A. The Ada County Highway District (ACRD) staff
received the subject Application requesting
conditional use approval for an espresso shop/craft
store in an existing single family home. The 0.2-
acre site is located at the southwest corner of E.
Carlton and 2nd Street, approximately 350-feet east
of East 1st Street. This development is estimated
to generate 60 additional (10 existing) vehicle
trips per day based on the Institute of
Transportation Engineers Trip Generation manual.
This site was previously reviewed by the District
on February 3, 1995 as a conditional use for a
flower shop. The conditions and requirements for
the previous conditional use have not been met.
B. The Application and site plan received by the City
of Meridian, and submitted to the District on
December 6, 1996, has been reviewed by the ACRD
Development Services staff and conforms to
applicable District standards/policy, or can be
made to conform with the change(s) to the plan
described in the requirements stated below.
Site Specific Requirements:
1. Construct pedestrian ramps on the corner of Carlton
Street and 2nd Street in compliance with Idaho
Code, Section 40-1335.
2. A 16 to 20-foot wide curb cut on 2nd Street,
located a minimum of 50-feet south of Carlton
Street, shall be approved.
3. Replace damaged curb and gutter on 2nd Street and
Carlton Street with new curb and gutter to match
existing improvements. Segments to be replaced
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
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shall be determined by ACRD Construction Services
staff.
4. Utility street cuts in new pavement less than five
years old are not allowed unless approved in
writing by the District.
5. Graveled driveways abutting public streets create
maintenance problems due to gravel being tracked
onto the roadway. if the driveway is not to be
paved on site, pave the driveway its full required
width to at least 30-feet beyond the edge of
pavement of Carlton Street.
6. As required by District policy, restrictions on the
width, number and locations of driveways, shall be
placed on future development of this parcel.
11. Central District Health Department, submitted comments,
which comments are hereby incorporated herein as if set forth in
full; that Central District Health Department will require plans to
be submitted for a plan review of any food establishment.
12. Meridian City Police Department and Nampa & Meridian
Irrigation District submitted comments, which respective comments
are hereby incorporated herein as if set forth in full.
13. Meridian Fire Department submitted comments, which
comments are hereby incorporated herein as if set forth in full;
that as long as all codes are met, it will not have a problem with
this permit.
14. There was comment and discussion between Commissioner
Burop, Chairman Johnson, Planning & Zoning Administrator Shari
Stiles, Commissioner MacCoy, Commissioner Oslund and the Applicant
concerning Ada County Highway District's comments and requirements,
and the approval the Applicants' Application.
15. There was no further testimony given at the hearing.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
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CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning Act
and of the Ordinances of the City of Meridian have been met
including the mailing of notice to owners of property within 300
feet of the external boundaries of the Applicants' property.
2. The City of Meridian has authority to grant conditional
uses pursuant to 67-6512, Idaho Code, 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
67-6512, Idaho Code, and pursuant to that section conditions
minimizing the adverse impact on other development, controlling the
duration of development, assuring the development is maintained
properly, and on-site or off-site facilities may be 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 8.
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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. 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
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e. The property has sewer and water service already
connected, but the Applicants may have to pay additional
fees for the use;
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community;
g. If the conditions
involve a use, activity,
conditions of operation
person, property or the
excessive production of
glare or odors;
are met, the use should not
process, material, equipment or
that would be detrimental to
general welfare by reason of
traffic, noise, smoke, fumes,
h. Sufficient parking for the proposed use will be
required to meet the requirements of the City ordinance;
and
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
8. As conditions may be placed upon the granting of a
conditional use permit to minimize adverse impact on other
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 of the subject
property or to another property.
b. The Applicants shall meet the requirements of the City
Engineer's office, the Planning and Zoninq Administrator,
Meridian Police Department, Meridian Fire Department,
Central District Health Department, and the Nampa
Meridian Irrigation District, which requirements
specifically include:
1. Off-street parking shall be provided in accordance
with Section 11-2-414 of the City of Meridian
Zoning and Development Ordinance;
2. Outside lighting shall be designed and placed so as
not to direct illumination on any nearby
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
HASKELL
residential areas and in accordance with City
Ordinance Section 11-2-414 D. 3.;
3. All signs shall be in accordance with the standards
set forth in 2-415 of the City of Meridian Zoning
and Development Ordinance
4. The Applicants shall enter into an Assessment
Agreement with the City of Meridian and assessments
for sewer and water service will be reviewed to
determine whether additional load justifies an
adjustment to the assessments;
5. The Applicants shall provide any information that
they may have regarding water demand;
6. All signage shall be in accordance with the
standards set forth in Section 11-2-415 of the City
of Meridian Zoning and Development Ordinance;
7. All signage shall receive design approval of the
Planning & Zoning Department;
8. A-frame signs shall not be permitted;
9. Sign permits shall be obtained from the Building
Department for all signage;
10. The building shall be brought up to code for fire
and life safety requirements and must meet
handicapped accessibility standards;
11. One three-inch caliper tree shall be required for
each 1,500 square feet of paved parking lot area;
12. All landscaping areas are to be provided with an
underground sprinkling system;
13. The Applicants shall provide a notarized letter
from Bill and Joyce Brewer that Applicants may
utilize the funeral home parking area to meet their
off-street parking requirements;
14. The Applicants shall provide handicapped accessible
parking and walkways in accordance with the
Americans With Disabilities Act, including
appropriate signage;
15. Screened trash enclosures are to be provided in
accordance with City Ordinance;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
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16. The Applicants shall coordinate dumpster site
locations with the City's solid waste contractor;
17. The Applicants locate dumpsters so as not to impede
fire or emergency access;
18. The Applicants shall obtain a Certificate of
Occupancy signed by all agencies prior to operating
in accordance with City Ordinance;
19. All off-street parking areas are to be paved and
striped;
20. All paving, striping and signage of the parking lot
shall be in accordance with Meridian City Ordinance
Section 11-2-414 and the Americans With
Disabilities Act;
21. All off-street parking spaces are to be paved;
22. Parking stalls are to be a minimum of 9' x 19' with
25' driveways;
23. Lighting shall not illuminate residential
properties or cause glare problems as determined by
the City of Meridian;
24. The Applicants shall supply the Public Works
Department with anticipated sewer and water usage
for analysis in determining whether additional
assessment fees should be charged;
25. A re-assessment agreement will be entered into with
the Applicants prior to issuance of a Certificate
of Occupancy;
26. The Applicants shall submit and obtain approval of
their plan for the food establishment.
c. The Applicants shall meet all the requirements of Ada
County Highway District set forth comments and
requirements, which requirements specifically include:
1. The Applicants shall construct pedestrian ramps on
the corner of Carlton Street and 2nd Street in
compliance with Idaho Code, Section 40-1335;
2. The Applicants shall construct a 16 to 20-foot wide
curb cut on 2nd Street, located a minimum of 50-
feet south of Carlton Street;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
HASKELL
3. The Applicants shall replace damaged curb and
gutter, as determined by Ada County Highway
District Construction Services staff, on 2nd Street
and Carlton Street with new curb and gutter to
match existing improvements;
4. The Applicants shall obtain written approval of the
Ada County Highway District before making utility
street cuts in new pavement less than five years
old;
5. The Applicants shall pave the driveway its full
required width to at least 30-feet beyond the edge
of pavement of Carlton Street.
6. In the event of future development of the subject
property, restrictions are placed, pursuant to Ada
County Highway District policy, on the width,
number and locations of driveways;
7. The Applicants shall pay all applicable and
required road impact fees prior to building
construction in accordance with Ada County Highway
District Road Impact Fee Ordinance, Ordinance #188;
8. The Applicants shall cause all design and
construction to be in accordance with the Ada
County Highway District Policy Manual, ISPWC
Standards and approved supplements, Construction
Services procedures and all applicable Ada County
Highway District ordinances unless specifically
waived herein;
9. The Applicants shall submit revised plans for staff
approval, prior to issuance of a building permit or
other required permits, which incorporates any
required design changes; and
10. The Applicants shall cause construction, use and
property development to conform with all applicable
requirements of the Ada County Highway District
prior to District approval for occupancy.
d. The conditional use shall not be restricted to a period
of authorization but may be reviewed annually, upon
notice to the Applicants, for violation of any conditions
imposed herein, other conditional use applications, or
the ordinances fo the City of Meridian.
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HASRELL
10. The above-conditions are concluded to be reasonable and
the Applicants shall meet these conditions.
11. It is recommended that if the Applicants meet the
conditions stated above, that the conditional use permit be granted
to the Applicants.
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 VOTED
COMMISSIONER OSLUND VOTED ~
COMMISSIONER F,R~ER VOTED
COMMISSIONER MACCOY VOTED _
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14.
HASKELL
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 Applicants for the property
described in the Application with the conditions set forth in the
Findings of Fact and Conclusions of Law or similar conditions as
found justified and appropriate by the City Council and that the
property be required to meet the water and sewer requirements, the
Fire and Life Safety Codes, Uniform Fire Code, parking, paving and
landscape requirements, and all Ordinances of the City of Meridian.
The conditional use should be subject to review upon notice to the
Applicants by the City.
MOTION:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15.
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