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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 ~zp`.~~~e rec~r~r~e~wd~ff~: !v C/~ 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: ~P~~~ ~~~ ~c~~ d,~~ ~ ~l~ ~~~prvv~ ~fca7~+~- 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: ~-- 1ll~l JI J H ON, CHAIRMAN ATTEST: .o`"''OAF oq~ °j'.. f~ ,. F_...- WILLIAM G. BERG, JR., LERK = $~L d~'.p 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. HASKELL 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. HASKELL • 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. HASKELL 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. HASKELL 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. HASKELL 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. HASKELL 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. HASKELL 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. HASKELL 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. HASKELL 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. 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. HASKELL