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1997 05-13MER~AN PLANNING & ZONING COMN~ION AGENDA TUESDAY, MAY 13, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS MINUTES OF JOINT P & Z MEETING WITH ADA COUNTY HELD APRIL 17, 1997: (APPROVED) MINUTES OF PREVIOUS MEETING HELD APRIL 8, 1997: (APPROVED) FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR AMENDED MERIDIAN CITY AREA OF IMPACT: (APPROVED; APPROVED RECOMMENDATION TO CITY COUNCIL) 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR TWO BUILDINGS WITH DRIVE UP WINDOWS BY R.T. NAHAS (APPROVED FINDINGS; APPROVED RECOMMENDATION TO CITY COUNCIL) 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT WITH LIQUOR LICENSE BY ROCKETS INC. (STEVE YOUNGERMAN): (APPROVED FINDINGS; APPROVED RECOMMENDATION TO CITY COUNCIL) 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP BY BIG BEAVER PROPERTIES LLC: (APPROVED FINDINGS,• APPROVE RECOMMENDATION TO CITY COUNCIL) 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR USE OF A METAL BUILDING 84' LONG AND 60' WIDE BY GENERAL COUNCIL OF THE CHURCHES OF GOD 7T" DAY: (APPROVED FINDINGS; APPROVED RECOMMENDATION TO CITY COUNCIL) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ACCESSORY USE PERMIT FOR A BAKERY BY BRIGETTE STONE: (APPROVED FINDINGS; DENIED ACCESSORY USE PERMIT) 7. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 48.7 ACRES TO R-4 FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK {CANCELLED) 8. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION, 139 LOTS + 1 DAY CARE LOT BY WESTPARK CO.: (CANCELLED) 9. PUBLIC HEARI~ REQUEST FOR A CONDITIO~ USE PERMIT FOR A TRUCKING TERMINAL BY DONOVAN BROTHERS COMMERCIAL CONSTRUCTION: (CANCELLED) 10. PUBLIC HEARING: REQUEST FOR A REZONE OF 1.4 ACRES FROM R-8 TO C-G BY ROGER MICHENER: (CANCELLED) 11. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A MULTI-TENANT RETAIL CENTER BY ROGER MICHENER: (CANCELLED) 12. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CAR WASH WITH FUEL FACILITIES BY STEVE LYONS AND STEVEN BAINBRIDGE: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) MEAN PLANNING & ZONING COMISSION AGENDA TUESD-~AyY, MAY 13, 1997-7:0R0gP.M. a roue ~~C~ CQUNCIL~HPA~I~E_ RS u'/f~'~ ~~j' BA- ~--/7-9'7 MINUTES OF PREVIOUS MEETING HELD APRIL 8, 1997: ~''~ 1. FINDINGS OF FACT -AND CONCLUSIONS OF LAW FOR AMENDED MERIDIAN CITY AREA OF IMPACT: CL 77nP ~~~~c'/L roV~e rechrnt~,,ecn.C(~~,,,.~ ~/c 2. FINDIN~S~OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE -` PERMIT FOR TWA B ILDINGS WITH DRIVE UP WINDOWS BY R.T. NAHAS ~p,0rn re ~l ~ ~C-/L ~~rn~~ /'~ ce.~~~r-e,..da ti~-~..- ~o C` ~C~ 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT WITH LI UOR CENSE BY ROCKETS INC. (STEVE YOUNGERMAN): ~'r ° ~-.e ,~~~ ~ ~°~ pY~i vJe rQ Gd'h'+ rv~.~~-Q''~itv,~.. C/L, 4. FINDIN~S OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP BY BIG BEAVER PROPERTIES LLC: tom./C ~'/~ ~'c% ~~ry~, ve re cam,-~..r~..e..~ ~'~~~~~ C/c- 5. FINDINGS40F FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR USE OF A METAL BUILDING 84' LONG AND 60' WIDE BY GENERAL COUNCIL OF THE CHURCHES OF GOD 7'H DAY: ~gp,ro~e ~'/~' ~ elc ~~ppp~~~~ Ycli-da~~ ~ c% 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ACC SSQRY USE PERMIT FOR A BAKERY BY BRIGETTE STONE: ~~prn~~ ~~~ ¢ Cl deg~f a ,~,~~5 7. PUBLIC HEARINt~ REQUEST FOR ANNEXATION AND ZONING OF 48.7 ACRES TO R-4 FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK CHNcEL 8. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION, 139 LOTS + 1 DAY CARE LOT BY WESTPARK CO.: ~~NcEL 9. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCKING TERMINAL BY DONOVAN BROTHERS COMMERCIAL CONSTRUCTION: C.~n/~E~- 10. PUBLIC HEARING: REQUEST FOR A REZONE OF 1.4 ACRES FROM R-8 TO C-G BY ROGER MICHENER: Ci~~CFL 11. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A MULTI-TENANT RETAIL CENTER BY ROGER MICHENER: ~~.~/~EL 12. PUBLIC .HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CAR WASH WITH FU L FACILITIES BY STEVE LYONS AND STEVEN BAINBRIDGE: ~/~ C~~ ~~.~ J ~~.~/,~ ~~~~cC~ CITY OF MEETIP ERIDL SIGN- HFET ItEf;E~~~ ~O ~ MAY 1 3 1JY7 GI's ~~x ~'~:~~r~~~bs~s' q ~tfcv~ e~~u~° - X~ l 4/ `l I `7 • i MERIDIAN PLANNING & ZONING COMMISSION MAY 13 1997 The regular meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:15 p.m.: MEMBERS PRESENT: Keith Borup, Ronald Manning, Byron Smith, Malcolm MacCoy: OTHERS PRESENT: Will Berg, John Fitzgerald II, Shari Stiles, Gary Smith, Bob Daughtery, Joe Numbers, Dick Johnson, Ron Crow, John Shipley, Clifford Babbitt, Art Finnell, Steve Lyons, Steven Bainbridge: Johnson: Before we get into the agenda items for this evening if you are here for items 7 through 11 those have been cancelled for this evening and we won't be taking any testimony at all or any presentation by the applicant tonight. MINUTES OF PREVIOUS MEETING FROM JOINT PLANNING & ZONING MEETING WITH ADA COUNTY HELD ON APRIL 17, 1997: Johnson: We need to approve these minutes. Does anybody have any questions, deletions or additions to the minutes? We need a motion for approval please. MacCoy: Mr. Chairman, I propose that we approve these minutes dated April 17, 1997. Borup: Second Johnson: We have a motion and a second to approve the minutes as prepared, all those in favor? Opposed? MOTION CARRIED: All Yea MINUTES OF PREVIOUS MEETING HELD APRIL 8, 1997: Johnson: Any additions, corrections or deletions to these minutes? MacCoy: Mr. Chairman I move we approve the minutes of the April 8~h meeting. Borup: Second Johnson: Motion and a second to approve the minutes as written, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR AMENDED MERIDIAN CITY AREA OF IMPACT: Meridian Planning & Zo~g Commission • May 13, 1997 Page 2 Johnson: You have read these minutes are there, is there any discussion at all regarding the preparation or the wordings in the findings of fact and conclusions of law? I will entertain a motion for approval of those findings of fact and conclusions of law. Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Johnson: Motion and a second to approve the findings of fact as prepared for the Meridian City area of impact, roll call vote. ROLL CALL VOTE: Borup -Yea, Smith -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Johnson: Is there a recommendation you wish to pass onto City Council? Borup: Mr. Chairman I move the Meridian Planning and Zoning Commission hereby recommends to the City Council that the Planning and Zoning Commission proposed amendments to the Meridian Comprehensive Plan be approved and adopted. MacCoy: Second Johnson: Motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT OR TWO BUILDINGS WITH DRIVE UP WINDOWS BY R.T. NAHAS: Johnson: Any discussion regarding the findings of fact as prepared by the City Attorney? Smith: Mr. Chairman, I would like to move that we approve the findings of fact and conditions of law on this agenda item. MacCoy: Second Johnson: Motion and a second to approve the findings of fact and conclusions of law for R.T. Nahas, roll call vote. ROLL CALL VOTE: Borup -Yea, Smith -Yea, MacCoy -Yea, Manning -Yea Meridian Planning & Zor~g Commission • May 13, 1997 Page 3 MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? MacCoy: Mr. Chairman, the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian they approve the conditional use permit requested by the applicant for the property described in this application with the conditions set forth in the findings of fact and contusions 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, the uniform fire code parking, paving, landscape requirements and all other ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Corrie: Motion and second to send the recommendation on to the City Council as stated by Commissioner MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT WITH LIQUOR LICENSE BY ROCKETS tNC. (STEVE YOUNGERMAN): Johnson: Any discussion regarding the document as prepared by the City Attorney? MacCoy: I had a question about the pedestrian bridge. Johnson: What page are you referring to? MacCoy: It appears on page 10 and during the discussion last time it was discussed and then I didn't hear the final Johnson: Do you recall the discussion counsel? Borup: I was thinking the bridge came up in 1995 at a previous application. I don't believe (inaudible) MacCoy: It did come up before and then it was again spoken to again this last time that I don't know if somebody asked him a question or if it was just offered out there the pedestrian bridge. Johnson: Did you locate the discussion in the minutes that rive just approved? Meridian Planning & Zon~g Commission • May 13, 1997 Page 4 MacCoy: No, just here that the fact that the applicant desires to place a pedestrian bridge across the Eight Mile lateral, the City of Meridian would have no objection to that, but there shall be no vehicle access from Gem Street to the property. Borup: I think that was one of the conditions in the initial application from a couple of years ago. MacCoy: That is right, I wonder if we had anything that changes that, if not I have no other questions. Johnson: Does anybody else have anything? Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Johnson: We have a motion and a second to approve the findings of fact and conclusions of law as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, Manning -Yea, Smith -Yea, MacCoy -Yea MOTION CARRIED: All Yea Johnson: Is there a recommendation you wish to pass onto the City of Meridian Gity Council? Borup: I move the Planning and Zoning Commission hereby recommends to the Gity Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. And that the property be required to meet the water and sewer requirements, the fire and life safety codes, the uniform fire code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the Ciry. Smith: Second Johnson: We have a motion and a second to pass the recommendation onto the City as read by Commissioner Borup, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian Planning & Zo~g Commission • May 13, 1997 Page 5 ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP BY BIG BEAVER PROPERTIES LLC: Johnson: Are there any items for discussion on the findings of fact as prepared by our City Attorney? Borup: Has the applicant received a copy yet? Johnson: Is the applicant represented? Apparently not. Borup: I had some other comments for the applicant but I don't believe I will do that. MacCoy: Mr. Chairman, the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and contusions of law, I would like it to also be shown that we have Commissioner Smith involved here and the name should be changed on our roll call. Johnson: We have a motion and a second to approve the findings of fact and conclusions of law as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, Smith -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea MacCoy: Mr. Chairman, the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the applicant with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Smith: Second Johnson: A motion and a second on the Commissioner MacCoy's recommendation to City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR USE OF A METAL BUILDING 84' LONG AND 60' WIDE BY GENERAL COUNCIL OF THE CHURCHES OF GOD 7T" DAY: Meridian Planning & Zo~g Commission • May 13, 1997 Page 6 Johnson: You have read these findings of fact and conclusions of law, are there any comments, additions, deletions or corrections? Entertain a motion for approval please. Manning: Mr. Chairman, I make a motion the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of taw. MacCoy: Second Johnson: Motion by Commissioner Manning, second by Commissioner MacCoy to approve the findings of fact as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, Smith -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? Manning: Mr. Chairman, the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. And that the property be required to meet the water and sewer requirements, fire and life safety code, uniform fire codes, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Johnson: All those in favor of the recommendation as stated by Commissioner Manning? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ACCESSORY USE PERMIT FOR A BAKERY BY BRIGETTE STONE: Johnson: Any comments regarding these findings of fact and conclusions of law as prepared by the City Attorney? Borup: Mr. Chairman, 1 move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Meridian Planning May 13, 1997 Page 7 Smith: Second & Zon~g Commission Johnson: Motion and a second to approve the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Barup -Yea, Smith -Yea, MacCoy - No, Manning - No, Johnson -Yea MOTION CARRIED: 3 Yea, 2 No Johnson: Decision to City Council? Borup: Mr. Chairman, I move the Meridian Planning and Zoning Commission of the City of Meridian hereby decide that the commissary bakery business for which the applicant proposed to obtain an accessory use permit is not an accessory use and that the applicant for an accessory use permit be and is hereby denied. Smith: Second Johnson: Motion and second to pass that recommendation onto the City Council, all in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CAR WASH WITH FUEL FACILITIES BY STEVE LYONS AND STEVEN BAINBRIDGE: Johnson: At this time 1 will open the public hearing and invite the applicant or the applicant's representative to address the Commission. Bob Daugherty, 409 Ada Street, Boise, was sworn by the City Attorney. Daugherty: Mr. Chairman and Commissioners this property that we are before you this evening had previously been approved for a conditional use permit for a retail building at 835 East Fairview Avenue. Since that time the owner has entered into an agreement to sell the northern portion of that property to Mr. Lyons and Mr. Bainbridge. Their desire is to construct a full service car wash facility with two detail bays, a retail space in front of the car wash and fuel facilities on that property. I believe that you have a diagram showing the original layout in our meeting with staff members and also with ACHD that drawing has changed somewhat just reflecting the 35 foot setback along Fairview Avenue and also the desired 40 foot in depth from the new right of way that ACHD wanted before we started a driveway actually entering into the facility. Although this development is somewhat different than the original one proposed we feel that it Meridian Planning & Zon~g Commission • May 13, 1997 Page 8 would be an acceptable use based on Meridian's comprehensive plan and also it would be we believe that it would be an appropriate use. Currently the property is vacant if you will recall previously there was a single family residence on the property. That residence has since been moved. The property currently is vacant. The overall project originally was 3.98 acres, we are proposing to split off the northern .888 acres to facilitate the car was facility. They would also be granted a parking easement which would be located on the southern portion of the property which would be owned by Mr. Kouba. There have been a couple of issues that have been addressed in your staffs recommendations. We don't seem to have any problem with any of their recommendations. We feel that we have met all of the required setbacks and everything that they have been requiring. There was however a couple of issues with regard to ACRD that 1 don't know if it would be appropriate to discuss those with you or just take those up directly with them. Johnson: I think it is a good idea to have them on the record if you don't mind putting them on the record. Daugherty: The original conditional use permit had required cross access agreements to the east and to the west for those commercial properties that are currently located up on Fairview Avenue which would have been Rountree Chevrolet. and also the portion that would be to the west of our property but to the south of Meridian Auto Sales. The new conditional use or new recommendations from ACRD were asking for a cross access easement to the parcels to the south. We have teed to get Garification from ACRD, Ms. Gallagher's office this week and they assure me that they will try to get an answer back to us by Thursday. We don't know exactly what they are going to come back with us at. We would like to stick with the original cross access easement agreements. We have already secured the one for the 40 foot roadway easement which is on the Rountree parcel which was is actually owned by the Johnson's. We have already made arrangements to grant the cross access easement to the south and to the west of Meridian Auto Sales. So those are basically in place we just don't feel that we need to go into anything with the properties to the south even if it is the affected property they are referring to Kouba's. That is what that 40 foot easement is, it runs the entire length of our eastern boundary and provides ample access to that southern portion of the properties. The other issue with ACHD was that they were originally we had designed a 40 foot access of Fairview Avenue to go to the east side of the property there, they came back with us and recommended that we reduce that down to 36 feet. We did so and we reflected that on the new drawings. Now their recommendations are that we construct an entryway that is 24 to 30 feet wide. We would like to be able to have access to some larger vehiGes and so forth to that property to the south. We anticipate at one point or another Rountree will develop the property to the south of their current car lot. We think that the additional traffic flow down there would warrant the 36 foot side entry as previously approved and that is what we would like to stick with. In your staffs report from Planning and Zoning there was a comment #6 which was under the general comments that addresses the sidewalk, curbing and had indicated that ACRD had requested monies for the sidewalk be deposited into a trust. That particular Meridian Planning & Zon'tfig Commission May 13, 1997 Page 9 item that was the case under the original conditional use however my understanding and talking to Ms. Stiles is that if reconstruction of Fairview wasn't in ACHD's five year plan that you folks were wanting to see the sidewalk and so forth being placed up there now. So we would be willing to do that and as a matter of fact ACHD's new facts and findings have indicated that they did want us to construct that 5 foot wide sidewalk. So that is just what I believe what may be an error in referring to the original conditional use rather than the present one. Johnson: How long is that sidewalk, what is the length? Daugherty: The length would be 150 feet, that is the entire frontage of our parcel on Fairview avenue and of course we are not putting a driveway in. We have been restricted, the only driveway off of the parcel would be in that 40 strip. So we are constructing, we would be constructing a sidewalk the full width of our property in the north end. We also have this evening we have our project architect Mr. Joe Numbers from the Housing Group. If you have any questions about the building I would be referring those to him. We also have representatives here this evening from two different car wash equipment manufacturers. That would be Dan Thomas from Hannah Sherman and Bret from Preco. There is also a representative Bob Biner from Sinclair fuel who the owners anticipate supplying the fuel and helping construct the fuel facilities. AT this time if you have any questions regarding the site plan I would be happy to try to answer those for you. If you have any questions specifically for the car wash the building or the fuel station I would like to refer those to the experts in their area. Johnson: I appreciate that, any questions of the applicant from the Commissioners? MacCoy: What are your hours of service going to be? Daugherty: The developer indicates that would be from 8:00 a.m. until 8:00 p.m. MacCoy: You say you have met with our staff as to lighting, outside lighting, signs, etc. assuming they have laid the whole thing down for you. Daugherty: Basically our conversations with staff vre were relating primarily to the original conditional use, we didn't anticipate anything would change from that. We had addressed those lighting issues previously. The main concern with the light issue was in the buildings we were proposing down in the south which were adjacent to Danbury Subdivision the residential area down there. At this time that portion of the project would still remain conceptual in nature and it basically would not be developed at this time. We are just talking about the north portion of that property. MacCoy: I figured that, my question is for the southern section (Inaudible). Meridian Planning & Zon~g Commission • May 13, 1997 Page 10 Daugherty: The southern section down here although being conceptual in nature that was something that under the first conditional use we had indicated and you folks had also made that stipulation that would be subject to an additional conditional use at such time that it was to be developed. MacCoy: For example on the northern property when you have your car wash on I have been by there, I take it that is your sign up there, the picture sign. Daugherty: There is a picture sign on the property yes. MacCoy: My concern is when I talk about lighting for example is the glare which as you are driving along Fairview and we don't end up with another installation like we have got already along there that just the lights are such position that they catch the traffic the wrong way and of course right now it is no problem but come winter time it will be a problem. So we are looking for lighting which is directional and they don't end up on Fairview avenue and create a problem for our drivers. Daugherty: I don't believe that our developers would have any problem entering into an agreement to do so. MacCoy: I just want to go on record with that. What about, a couple of things here, how are you going to handle the questions about what is the building going to look like, what kind of material are you going to use? Do you want to just put that to the side here for a moment? Daugherty: I would like to put that to the sideboard and refer that to the architect if you don't mind. MacCoy: What about screening if any down the side of your property or even along the back? Daugherty: Ms. Stiles had indicated to the rear of the property that they would be requiring some sort of fence and originally we had been talking when we were looking at developing the whole parcel the property to the south we were talking about a chain link fence with some sort of like redwood or vinyl slats to provide some sort of shielding from the residential area in the back and also to make sure that we maintain anything that might blow away and that it can be Leaned up on site rather than going onto the property that won't be developed. MacCoy: Let me get this straight, from the car wash to the other part of this property the building is that going to be a direct drive through or anything. Use that road to the east which is 40 feet? Meridian Planning & Zo~g Commission May 13, 1997 Page 11 Daugherty: The 40 foot roadway to the east is what we anticipate would be the only drive going to the southem portion. MacCoy: I am going to save my comments on the screening and etc. with the building of the south section until the time we get there because you have some things to think about there with the homes and trailer park and so on out there. 1 think I will pass, most of my questions have to do now with the construction and your building. Johnson: Anyone else? Borup: I have a couple, you said the site plan is adjusting to somewhat allow for the 35 foot setback, so I assume the fuel station is moving back? Daugherty: The fuel station is moving slightly back. Borup: You had mentioned the cross access a couple of times, is the 40 foot roadway on Rountree property is that what you said? Daugherty: Yes it is, it is actually owned by the Johnson's but Rountree is leasing it. Borup: So you don't have to worry about any cross access easement there as far as to other (inaudible) Daugherty: That is correct it has been created by (Inaudible) Borup: But you had mentioned the property to the west then, that would be west in the future but this concept doesn't show any access at this point or are you talking right up there at the corner'? Daugherty: That access being that it is an easement in nature that is something that would be subject to the actual location of it would be depending on what was developed down at the southern end. Borup: And then you said you were a little confused on what ACRD meant on the property to the south whether they meant the undeveloped of this or you think they may mean further south off of this property. Daugherty: I am thinking they are not meaning to the parcels directly to the south of our entire parcel. The reason the Borup: The 40 foot would take of that wouldn't it? Daugherty: Not necessarily because there is a 20 foot buffer strip that is required between us and the residential area. So we have held that off so actually that Meridian Planning & Zo~g Commission • May 13, 1997 Page 12 easement does not touch anything that goes to the south of our parcel. That was also something that had been previously addressed during the original conditional use. That is why I am anticipating that ACHD has probably not fully looked at this. I believe they were taking a look at the separation of our car wash and the second phase that may be developed. If that is the case vre just don't feel that we need that. We have the ample access from that 40 foot easement. If they are making reference to the south of the entire parcel down there when we previously discussed it we kind of showed that Danbury Fair going across there had made a separation basically between commercial and residential in that line which is our south line. The actual owner of those parcels to the south of us right now is here this evening and he had indicated to me that he plans on doing something residential as vre had anticipated. So I don't think that we would want to try and create a cross access easement going through a definitely commercial area down into a residential. This easement is such that it will not become a public roadway, it is a private roadway easement just to access those commercial facilities. Borup: When was the first conditional use application, was that a couple of years ago? Daugherty: That was CU #996 so it was approximately a year ago. Borup: You said as this point there are no specific plans for developing the area the southern portion of the property. Daugherty: That is correct. Borup: I am wondering why the applicant goes through all of this detail and then abandons the project and along that tine then are you going to be going ahead with your development? Daugherty: My understanding is the folks that are here tonight that are representing the car wash the developer's Mr. Lyons and Mr. Bainbridge have every intention of constructing this car wash at the earliest possible convenience. They have already secured an architect that is working on the plans to get those in as soon as we have City Council's approval and they would like to start construction this year if at all possible. Borup: Thank you have I no other questions. Johnson: Does anyone else have any other questions? Smith: Mr. Chairman I don't know if this is the appropriate time to bring this up but I don't know if there is some much questions or comments on the site plan as designed, one thing is I have a problem with these parking stalls back right out into this access drive. If this property to the south is indeed developed as it is shown here that is going to be a traffic hazard. Also with the stacking space that is available to these vacuum Meridian Planning & Zo~g Commission • May 13, 1997 Page 13 bays and express lanes seems to be inadequate especially for the Saturdays you get quite a number of people coming into get their cars washed. You are going to get those cars stacking out on that access drive as well. I can appreciate the site constraints that you had to design by but I just wanted to bring those two things up regarding the site plan. Daugherty: We have basically taken that into consideration and as you are aware there is limited space available here. However we do feel that would be ample, we have three basic lanes going into the car wash. We also have some staging areas in front of those vacuum bays. We feel that we would have ample space. In addition the roadway is actually 40 feet wide which by ACHD standard is basically four lanes. So we don't think that we would have too much of a problem there. The property to the south those parking stalls that are actually facing out on the roadway that is going to be an easement that is going to be granted by Mr. Kouba who will own the southern portion of that property to Mr. Lyons and Mr. Bainbridge and they have indicated that their intention is to use that for employee parking. So there will be a limited amount of trips coming in and out of there per day. We don't feel that would be much of an issue really. Johnson: Have you put a number to the number of cars that you could accommodate in aline to enter the wash area? Daugherty: We can have at least 3 in each lane which is nine plus the ones there would be 2 available in each vacuum line so there would be another six there, there would be at least 15 cars that could be stacked up beginning at the vacuum bays and going east and then there is still another 6 that could be waiting to get into the tunnel that would be on the other side of the vacuum stalls. To your knowledge is the property clean so to speak? Daugherty: To my knowledge yes it is, I believe that you may be referring to the DEQ requirements from last time. My understanding is the only thing that has to be completed is that it needs to be hard surfaced and this will accomplish that. Johnson: Thank you, anyone else? Any other questions? This is a public hearing; is there anyone else representing the applicant that would like to come forward at this time. Joe Numbers, 910 Balsam Street, Boise, was sworn by the City Attorney. Numbers: Also we have some (inaudible) The building itself the structural shell is a metal building and on the north side this would be the side facing Fairview Avenue and also on the east side which would be out of site along the 40 foot access these would be faced in CMU. We are also proposing to use a glazed the as a trim or as an accent piece and along the bottom we have a line of split face CMU and then ribbed CMU band Meridian Planning & Zon1Rg Commission • May 13, 1997 Page 14 that meets the metal awnings out front. The rest would be smooth face CMU block on the main fagade and (inaudible). MacCoy: Okay, you have a flat roof on the place, what about sound inteneration with the actual car wash is that going to be a purchased item as a unit or are you actually going to build that from scratch and put the machinery in it? Numbers: I am sorry Commissioner MacCoy MacCoy: 1 am looking from the standpoint of once you put the machinery in the building are you going to have a lot of noise or is there a new type of lifestyle going on here you have taken care of that through your building or (inaudible). Numbers: The walls on either side of the car wash tunnel will be CMU block which has quite a good sound attenuation properties. We also will have a shield a fiberglass shield over the top which I guess primarily to shield the structural components from the water. As far as the noise from the car wash equipment I don't think that is very much. I would defer to the car wash equipment people if that is a concern. I might also point out that the building itself is set back quite a ways from Fairview avenue, it is approximately 90 to 100 feet. MacCoy: It just gets to be a concem of ours the fact that we don't want to building something and all of the sudden it is a nuisance to our community. I am sure you don't want that either. Numbers: I might also point out as one of the ideas that the developers are thinking of doing is having kind of a theme, 50's theme with this and we have made provisions along the side elevation here to accommodate or to allow antique cars to be pulled in (End of Tape) point out in the front of the building itself is a small 17 fdot diameter patio area. We anticipate in the summer and warmer whether that there would be tables and awnings out there and it would make a nice place to wait and also I think be a visual attraction from Fairview Avenue as well. Johnson: Any other questions of the architect? Smith: The whole building is CMU? Numbers: Mr. Chairman, Commissioner Smith yes that is correct. Let me back up here, we have two faces of CMU. At this point here screening is a metal building from the west and south side we see portions of the metal roof coming down to a CMU (inaudible). So there are only two walls that are CMU then the ones that we are seeing in this sketch. Two walls that come all the way up, this is a 20 foot height here on the west and south sides the walls will come up to meet the roof only. Actually we are Meridian Planning & Zo~g Commission May 13, 1997 Page 15 thinking of bring the block up about 4 feet and then metal building down to that . On the west and south sides. Smith: Were you going to leave the CMU a natural color or are you going to paint it? Numbers: I anticipate that we will paint it, I have shown the split face along the bottom and the ribbed that would remain natural color and the rest the smooth face CMU would be painted some color probably white or an off white. Smith: Then you said the blue is a glazed CMU? Numbers: Right, glazed one brand is called spectra glaze it is a ceramic glazed the for both maintenance purposes and also to add a nice touch to the car wash itself. It is a fairly typical material that has been used in a number of car washes in the Treasure Valley today. Smith: Thank you Fitzgerald: Is CMU a acronym for something? Numbers: Yes sir it is, it stands for concrete masonry unit Johnson: Any other questions? Thank you, does the applicant have any other people that would like to come forward at this time before we get into the public portion assuming there is a public portion. Does anyone have any questions about equipment at this time, can always reserve (inaudible) Is there anyone else that would like to address the Commission at this time on this application? Are there any other comments to add or is there anything you would like to add in winding it up? Daugherty: I would like to add something, there was some question about the noise. One thing that I also wanted to add was in the comments and discussion with Shari Stiles she had also brought that up and was asking about the vacuum bays seeing as how they are going to be located to the south of the property. What the developers have indicated to me is that the actual vacuum unit itself will be housed inside the building and there are a couple of different options but it would be ducting that would run out and actually servicing those islands. So that should cut down quite a bit on the noise. That was where are concern was and where Ms. Stiles concern was from the vacuum equipment. 1 think that is all I have thank you. Johnson: Since we are talking noise and maybe you covered this and 1 missed it. Is there going to be a loud speaker system at all that you are aware of? Daugherty: To my knowledge there would not be any type of a loud speaker system no sir. Meridian Planning & Zo~g Commission May 13, 1997 Page 16 Johnson: Those are systems that have caused of problems with the public before. Daugherty: No, I wouldn't think that there would be any need for one in the rear, it would be a typical car wash where the people drop their cars off at the vacuum bays and then they will head up (inaudible) they v~ill be looking for their tip and that is the only hand signals most consumers need. Johnson: Thank you, I am going to close the public hearing unless someone else would like to testify at this time. Seeing no one then I will close the public hearing. This is an application that would require findings of fact and conclusions of law if someone would like to make a motion. MacCoy: Mr. Chairman, I move that we have the counsel prepare findings of fact and conclusions of law for this project. Borup: Second Johnson: We have a motion and a second to have the City attorney prepare findings of fact and conclusions of law on the application item 12 on our agenda this evening, all those in favor? Opposed? MOTION CARRIED: All Yea MacCoy: Mr. Chairman I move that we conclude our operation this evening and close the meeting for the public. Smith: Second Johnson: Moved and seconded to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 8:08 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM JOHNSON, CHAIRMAN Meridian Planning & Zon~g Commission • May 13, 1997 Page 17 ATTEST: n L AM G. BER , JR., CITY ER BEFORE THE MERIDIAN PLANNING AND ZONING R.T. NAHAS CO. CONDITIONAL USE PERMIT FOR TWO BUILDINGS WITH DRIVE-UP WINDOWS LOT 5, CENTRAL VALLEY CORPORATE PARK NO. 3 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on April 8, 1997, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, a representative of the Applicant, Larry Knopp, hereinafter referred to as the "Representative," appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDIN(i8 OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 8, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 8, 1997 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. R.T. NAHAS CO. 2. The property included in the application for a conditional use permit is described in the application, and by this reference is incorporated herein as if set forth in full. This property is located within the City of Meridian, Ada County, state of Idaho north of Interstate 84 bordering East 1st Street (Meridian-Kuna Road). 3. The Applicant is the owner of record of the property. Submitted with the application for a conditional use permit is a letter from Arthur F. Pocock authorizing Robert W. Nahas or his representative to apply for a conditional use permit for two drive through windows for one of the proposed buildings. Pursuant to this letter, Mr. Pocock further agrees to pay any additional sewer, water, trash fees or other charges associated with the proposed use. This letter from Mr. Pocock is incorporated herein as if aet forth in full. 4. Pursuant to the application, the property is vacant and not in use. The proposed conditional use of the property is for two buildings for retail and commercial use. 5. The Representative testified substantially as follows. The application for a conditional use permit is for two buildings and two drive up window facilities on the property. The two buildings are respectively 4,000 square feet in size. The nature of the use of the two buildings will be retail/commercial. The tenant of the first building (Building A) will be a florist. The tenant of the second building (Building B) will be a fast food, coffee/espresso restaurant, which necessitates the need for drive- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. R.T. NAHAS CO. i up windows. The drive-up windows will be located at each end of the building; however, the Representative testified that he does not know whether both of the drive-up windows will be used by the tenant. Because the Applicant wants flexibility with regard to lease space and the option of drive-up windows, the Applicant is requesting two drive-up windows on the second building (Building B). 6. In response to questions of Commissioner MacCoy, the Representative testified substantially as follows. The construction of the buildings will consist of a combination of brick and stucco. There will be decorated and designed fabric awnings over the window areas of the buildings. The roofs will be flat with a build up system. There will be a parapet wall capped off with a metal capping around all sides of the buildings, which will result in the inability to see the roof of each building. The screening of the roof provides a good design for all four sides of the buildings. 7. In response to questions of Commissioner MacCoy, the Representative testified substantially as follows. The Representative's architectural firm designed the buildings. The parking lot and site lighting will be standard site lighting which amounts to lights mounted on poles 20 feet in height. The light poles will be a mix of single and double shoe box. The lighting of the site will be in accordance with the guidelines of the covenants, conditions and restrictions of the Central Valley Corporate Park. The buildings will have some accent lighting on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. R.T. NAHAS CO. them to accent the buildings. The awnings will have some backlit lighting just for the awnings and window areas. 8. In response to questions of Commissioner Borup, the Representative testified substantially as follows. The Applicant will provide separate sewers for each building on the property. The Representative does not believe a new sewer stub will be required to provide separate sewers to each building. He believes that a separate connection and service can be provided through one service line if the size of the service line is six inches; however, he will work to accommodate and resolve such issue. 9. In response to a request for clarification by Commissioner Borup, City Engineer Gary Smith stated substantially as follows. He does not know the plumbing code requirements. He does not know or cannot recall whether the service lines are six inches. Some of the service lines are six inches into manholes. However, he cannot speak to the requirements of the plumbing code. Specifically, he does not know whether both buildings on the property could be connected into one sewer service line. 10. In response to the questions of and the request for clarification by Commissioner Borup, the Represenative substantially testified that the Applicant is aware of the potential problem with regard to the connection of the buildings to one sewer stub. 11. In response to further questions of Commissioner Borup, the Represenative testified substantially as follows. The Ada County Highway District is making the Applicant deposit funds into FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. R.T. NAHAS CO. the trust account for the construction of a five feet sidewalk along East 1st Street. The five feet sidewalk along East 1st Street will not be presently constructed. Commissioner Borup commented that there does not appear to be pedestrian access to the buildings from the sidewalk to be constructed along East 1st Street. The pedestrians would have to walk through the landscaping of the property or around the property. In response, the Representative testified that pedestrian access to the property from the sidewalks to be constructed on East lat Street need to be addressed on a case by case basis when the sidewalks are constructed. There exist no sidewalks from the entrance of Central Valley Corporate Park to the south. Ada County Highway District has indicated to the Representative that it will or the state of Idaho is considering construction of a pedestrian walk at the Interstate 84/East 1st Street (Meridian-Kona Road) overpass some time in the near future; however, it is questionable whether this pedestrian walk will be constructed. The property is the final lot along East 1st Street to be developed. Funds were not required to be deposited into the trust account when the other lots in Central Valley Corporate Park No. 3 along East 1st were developed; this property is the first and the last which is required to deposit funds for the sidewalks into the trust account. Ada County Highway District is attempting to place money in the trust account just in case of the construction of the sidewalk. 12. In response to further questions of Commissioner Borup, the Represenative testified substantially as follows. At the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. R.T. NAHAS CO. technical review meeting with Ada County Highway District, the issue of cross connection to adjacent lots was not specifically discussed. The issue of access (ingress and egress) to the property was discussed. Ada County Highway District decided that alteration of the means of ingress and egress to the property was not feasible because the other lots had already been developed. Their conclusion was not based upon drainage per se. Rather, the Representative thought the decision was based upon the adjacent lots having already been developed with parking lot ingress and egress already established. The Representative further commented that the comments from Ada County Highway District were draft comments, some of which are no longer appropriate based upon what the Applicant and the District agreed to at their meeting. 13. In response to further questions of Commissioner MacCoy, the Represenative testified substantially as follows. The Representative has met with Shari Stiles, Punning and Zoning Administrator. Ms. Stiles indicated to him that the proposed landscaping was acceptable to her. He has had a very detailed landscape plan completed by a landscape architect to accommodate the landscaping requirements on the proposed project. 14. With reference to the letter of Arthur F. Pocock, the Representative testified that he does not know who this person is. 15. "Drive-In Establishment" is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as, "An establishment (other than a service station or truck stop) which is designed to accommodate the motor vehicles and patrons in such FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. R.T. NAHAS CO. ~~ manner as to permit the occupants of such vehicles, while remaining therein, to make a purchase or to receive services." 16. The property is currently zoned (C-G) General Retail and Service Commercial. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Commercial, although restaurants and retail stores are permitted uses on property zoned (C-G) General Retail and Service Commercial, Drive-In Establishments are listed as a conditional use on property in the C-G district. Therefore, in the C-G district a conditional use permit for the operation of a Drive-In Establishment or to have drive-up windows is required. 17. The (C-G) General Retail and Service Commercial district is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: ~c-~i ~enerat xetail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highways or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 18. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 19. Although restaurants and retail stores are permitted uses on property zoned (C-G) General Retail and Service Commercial, the Applicant's proposed use incorporating drive-up windows is a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. R.T. NAHAS CO. specifically allowed conditional use in the Zoning Schedule of Uae Control, 11-2-409 B. 20. The Ada County Highway District submitted comments and may in the future submit further comments on the subject application, which comments are incorporated herein as if set forth in full, and the comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. 21. Bruce Freckleton, Assistant to the City Engineer, submitted comments and mappings which comments and mappings are incorporated herein as if set forth in full. His comments included the following: a. The proposed buildings are situated on adjusted Lot 5, Block 4 of Central Valley Corporate Park No. 3. Sanitary sewer and water services were installed in early 1993 into the original lot configuration. Late in 1993, Roylance & Associates prepared a Lot Line Adjustment Record of Survey affecting Lots 3, 4 and 5, Block 4. The purpose of this survey was to enlarge Lot 3 for the then proposed Shari's Restaurant. As a result of the survey, Lot 5 was also enlarged. The Uniform Plumbing Code requires that separate buildings shall be served by separate sanitary sewer and water service lines. The single services could possibly be modified into double services. Assessment fees would be determined during the plan review process. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian; b. The Applicant is to coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent's and Meridian Fire Department's policies; c. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; d. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. R.T. NAHAS CO. will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department; e. Screened trash enclosures are to be provided in accordance with City Ordinance. The Applicant is to coordinate dumpster site locations with the City's solid waste contractor and locate dumpsters so as not to impede fire access; and f. All landscaping is to meet the requirements of Ordinance Section 11-2-414 D 2. 22. Shari Stiles, Planning and Zoning Administrator, has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 23. The Meridian City Police Department submitted comments, which comments are incorporated herein as if set forth in foil. 24. The Meridian Fire Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that all codes will have to be met. 25. The Meridian Sewer Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that if the development of the property includes restaurants, each restaurant will be required to have a 1,000 gallon or more grease interceptor. A final determination of such requirement will be on schematic internal plumbing plans. 26. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that runoff is not to create a mosquito FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. R.T. NAHAS CO. breeding problem; and that it recommends atormwater run-off flow into a grassy swale before discharging to the subsurface. 27. The Nampa & Meridian Irrigation District submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; b. All laterals and waste ways must be protected; c. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans; d. The developer must comply with Idaho Code Section 31-3805; and e. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 28. There were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. R.T. NAHAS CO. 3. The City of Meridian has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: 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 Planning and Zoning Commission judges this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. R.T. NAHAS CO. 7. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. Although restaurants and retail stores are permitted uses on property zoned (C-G) General Retail and Service Commercial, the use incorporating drive-up windows 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 and the Zoning Ordinance; c. The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; however, traffic may increase, but the development will have vehicular approaches to the property which shall be designed to decrease interference with traffic on surrounding public streets; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. R.T. NAHAS CO. g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The Applicant will cause the property to have a vehicular approach which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and 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 and Development Ordinance, shall not be transferable to another owner of the subject property or to another property; b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; c. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Police Department, Meridian Fire Department, Meridian Sewer Department, Central District Health Department, and the Nampa & Meridian Irrigation District, which include, but are not limited to the following: 1. Pursuant to the Uniform Plumbing Code the two buildings shall be served by separate sanitary sewer and water service lines, unless other acceptable modifications, as determined by the City of Meridian, are made to the single service lines to change it into double service lines. Ass'esament fees would be determined during the plan review process; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. R.T. NAHAS CO. 2. The Applicant shall enter into an Assessment Agreement with the City of Meridian; 3. The Applicant shall coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent's and Meridian Fire Department's policies; 4. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; 5. All signs shall meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs shall not be permitted. All signs shall be subject to review and approval of the Planning and Zoning Department; 6. Screened trash enclosures shall be provided in accordance with City Ordinance. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor and locate dumpsters so as not to impede fire access; 7. All landscaping shall meet the requirements of Ordinance Section 11-2-414 D 2; 8. Each restaurant shall be required to have a grease interceptor with a minimum capacity of 1,000 gallons, the acceptable capacity subject to review and approval by the City of Meridian; 9. Runoff shall not create a mosquito breeding problem; 10. Stormwater run-off shall flow into a grassy swale before discharging to the subsurface; 11. The Applicant shall file with the Nampa & Meridian Irrigation District a Land Use Change/Site Development application for its review prior to final platting; 12. All laterals and waste ways shall be protected; 13. All municipal surface drainage shall be retained on site, and if any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review the drainage plans; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. R.T. NAHAS CO. 14. The Applicant shall comply with Idaho Code Section 31-3805; and 15. Irrigation water shall be made available to this development. d. The Applicant shall meet the requirements of the Ada County Highway District, including any comments or requirements hereafter submitted. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER SMITH COMMISSIONER MACCOY COMMISSIONER MANNING CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. R.T. NAHAS CO. DECISION AND RECOMUlENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. R.T. NAHAS CO. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ROCKETS, INC. - STEVE YOUNGERMAN, PRESIDENT CONDITIONAL USE PERMIT FOR FULL SERVICE RESTAURANT BAR WITH LIQUOR LICENSE FIRST MERIDIAN PLAZA 704 EAST 1ST STREET SOUTHWEST CORNER OF EAST 1ST STREET AND GEM STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on April 8, 1997, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, Steve Youngerman, President of the applicant, hereinafter collectively referred to as the "Applicant," appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 8, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 8, 1997 hearing; that the public was given full opportunity to express FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. ROCKETS, INC. comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included in the application for a conditional use permit is described in the application, and by this reference is incorporated herein as if set forth in full. This property is located within the City of Meridian, Ada County, state of Idaho at the southwest corner of East 1st Street and Gem Street. 3. Pursuant to the application, the Applicant is not the owner of record of the property. The owner of the property is Wild Shamrock Partnership whose managing partner is Rick Thomas, and it has consented to the application for the Conditional Use Permit. 4. Pursuant to the application, the property is vacant. The proposed conditional use of the property is for a full service restaurant and bar with liquor license. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 5. The Applicant testified substantially as follows. The application for a conditional use permit is for a 6,000 square feet building for a restaurant which will have a capacity of 230 people; 160 in the dining room and 70 in the bar. The dining area will be designated non-smoking with the bar being a smoking area. The restaurant will serve American cuisine lunch and dinner and have a science fiction theme. Breakfast will not be served. 6. In response to questions of Commissioner Borup, the Representative testified substantially as follows. With regard to comment E of the Ada County Highway District's comments concerning FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. ROCKETS, INC. the irrigation ditch and the right-of-way, such issue has been settled. There was a question as to where Gem Street was to be located. The developer and Ada County Highway District has signed an agreement resolving such issue. With regard to the comments of Nampa & Meridian Irrigation District, the developer is in the process of entering into an agreement with the District to the the ditch in the fall when no water is in the ditch. Many of the comments and issues have been addressed at the time the development of the property was first proposed. 7. The property is currently zoned (C-G) General Retail and Service Commercial. In the ZONING SCREDULE OF USE CONTROL, Section 11-2-409 B., Commercial, although restaurants are permitted uses on property zoned (C-G) General Retail and Service Commercial, bars and alcoholic establishments are listed as a conditional use on property in the C-G district. 8. The (C-G) General Retail and Service Commercial district is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: ~c-~~ ~enerat xetail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highways or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 9. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. ROCKETS, INC. an exception to the uses authorized by this Ordinance in a zoning district." 10. Although a restaurant is a permitted use on property zoned (C-G) General Retail and Service Commercial, a bar with a liquor license is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11-2-909 B. 11. The Ada County Highway District submitted comments and may in the future submit further comments on the subject application, which comments are incorporated herein as if set forth in full, and the comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. 12. Bruce Freckleton, Assistant to the City Engineer, submitted comments, which comments are incorporated herein as if set forth in full. His comments included the following: a. The conditions of approval of the First Street [Meridian] Plaza shall be applicable to this project; b. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; c. All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs will not be permitted. All signs are subject to review and approval of the Planning and Zoning Department; d. Screened trash enclosures are to be provided in accordance with City Ordinance. The Applicant is to coordinate dumpster site locations with the City's solid waste contractor and locate dumpsters ao as not to impede fire access; e. The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department; and f. Sewer and water services are not existing to the site, however plans have been reviewed and approved as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 4. ROCKETS, INC. s part of the First Meridian Plaza project. Assessment fees would be determined during plan review process. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 13. Shari Stiles, Planning and Zoning Administrator, has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 14. The Meridian City Police Department submitted comments, which comments are incorporated herein as if set forth in full. 15. The Meridian Fire Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that it has no objection to the application if all codes, water supplies, hydrant and sprinkler systems for fires are met. 16. The Meridian Sewer Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that the restaurant will need to have a 1,000 gallon or more outside grease interceptor. 17. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that runoff is not to create a mosquito breeding problem; that it will require plans be submitted for plan review for any food establishment; and that it recommends FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. ROCKETS, INC. n stormwater run-off flow into a grassy swale before discharging to the subsurface. 18. The Nampa & Meridian Irrigation District submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The Nampa & Meridian Irrigation District's Eight Mile Lateral courses along the south boundary of the project. The right-of-way of the Eight Mile Lateral is 60 feet; 30 feet from the center each way. The developer must contact the District for approval before any encroachment or change of right-of-way occurs; b. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; c. All laterals and waste ways must be protected; d. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans; e. The developer must comply with Idaho Code Section 31-3805; and f. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 19. There were no other comments by the public regarding this application. OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. ROCKETS, INC. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City of Meridian has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional 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 Planning and Zoning Commission judges this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. ROCKETS, INC. Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. Although a restaurant is a permitted use on property zoned (C-G) General Retail and Service Commercial, a bar with a liquor license as part of the restaurant 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 and the Zoning Ordinance; c. The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; however, traffic may increase, but the development will have vehicular approaches to the property which shall be designed to decrease interference with traffic on surrounding public streets; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as fire protection, drainage structures, refuse disposal, water and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. ROCKETS, INC. ~~ sewer, but the Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The property should have vehicular approaches which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. 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 and Development Ordinance, shall not be transferable to another owner or lessor of the property or to another property; b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; c. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Police Department, Meridian Fire Department, Meridian Sewer Department, Central District Health Department, and the Nampa & Meridian Irrigation District, which include, but are not limited to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. ROCKETS, INC. 1. The conditions of approval of the First Meridian Plaza conditional use permit shall be applicable to and conditions of the grant of this conditional use permit, a copy of the subject FINDINGS OF FACT AND CONCLUSIONS OF LAW for said First Meridian Plaza are attached as Exhibit "A" and made a part hereof by this reference, said conditions of approval including, but not limited to the following: (a) All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Uniform Mechanical Code, the Fire and Life Safety Code, and all parking and landscaping requirements; (b) The drive way for a drive-in window, if any, shall not be used for deliveries nor shall it be allowed to impose or impede on other uses in the area; (c) The Applicant shall meet the requirements of the Nampa & Meridian irrigation District and the Ada County Highway District; and (d) If the Applicant desires to place a pedestrian bridge across the Eight Mile Lateral, the City of Meridian would have no objection to that, but there shall be no vehicle access from Gem Street to the property; 2. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act: 3. All signs shall meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs shall not be permitted. All signs shall be subject to review and approval of the Planning and Zoning Department; 4. Screened trash enclosures shall be provided in accordance with City Ordinance. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor and locate dumpsters so as not to impede fire access; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. ROCKETS, INC. 5. The Applicant lighting plans to Department; shall provide parking lot the Meridian Public Works 6. Although sewer and water services are not existing to the site, plans have been reviewed and approved as part of the First Meridian Plaza project. Assessment fees for sewer and water services shall be determined during plan review process. The Applicant shall be required to enter into an Assessment Agreement with the City of Meridian; 7. The Applicant shall meet all requirements of codes, water supplies, hydrant and sprinkler systems for fires; 8. The restaurant shall be required to have a grease interceptor with a minimum capacity of 1,000 gallons. The acceptable capacity shall be subject to review and approval by the City of Meridian; 9. Water runoff shall not create a mosquito breeding problem; 10. The Applicant shall submit plans to the Central District Health Department for plan review for any food establishment; and 11. Stormwater run-off shall flow into a grassy Swale before discharging to the subsurface. d. The Applicant shall meet the requirements of the Ada County Highway District, including any comments or requirements hereafter submitted. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. ROCKETS, INC. • ~ APPROVAL OF FINDINOS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER CHAIRMAN JOH] BORUP SMITB MACCOY MANNING 9SON (TIE BREAKER) VOTED VOTED ~' VOTED VOTED VOTED DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. ROCKETS, INC. EXHIBIT "A" BEFORE T$E MERIDIAN PLANNING AND 20NING COMMISSIO~i WILD BHAMROCR PARTNERSHIP CONDITIONAL USE PERMIT AT EAST FIRST STREET AND MERIDIAN ROAD RICK THOMAS MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing April 11, 1995, at the hour of 7:30 o'clock p.m., the Petitioner appearing through Mike Craven, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings .of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April il, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the.April 11, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available tc newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - THOMAS PAGE 1 RPR 30 '97 09 51 FR CITY OF MERIDIRN 208 887 4813 TO 8883969 P.03i09 • • 2. That the property is located within the City of Meridian; the property is described in the application which description is incorporated herein. 3. That the property is zoned C-G, General Retail and Service Commercial, which requires a conditional use permit for a drive through sales window; the Application requests approval of two drive through sales windows at restaurants adjacent to East First Street. 4. That the General Retail and Service Commercial District is described in the Zoning Ordinance, 11-2-408 B. 11. as Follows: ~~~ ~c..e~a~ icecail ono Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely ar almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409 B. FINDINGS OF FACT AND CONCLUSIONS OF LAW - THOMAS PAGE 2 04109 • i 6. That the location of the property is between East First Street and Meridian Boad, south of the Eight Mile Lateral and Gem Street. 7. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. 8. That the owners of record are Harold E. Thomas and Rick E. Thomas and they have requested the conditional use and consented to the Application. 9. That the Applicant s representative, Mike Craven, testified regarding the comment from the Planning Director, Shari Stiles, having to do with a variance request for tiling the Eight Mile Lateral; that his understanding of the city's position has been on laterals 48 inches oz more in diameter have not been made to tile. Commissioner Johnson stated that it still requires a variance request and that the City Council grants them. 10. Mike Craven also questioned the comment from the Ada County Highway District (ACRD) regarding the curb, gutter and sidewalk and asphalt on Gem Avenue; that their property does not abut to that road; that there is 60 feet of separation and questioned who owned the 8b feet, if it is the irrigation district or the Ada County Highway District. FINDINGS OF FACT AND CONCLUSIONS OF LAW - THOMAS PAGE 3 RPR 30 '97 09 53 FR CITY OF MERIDIRN • 208 887 4813 TO l~969 P.05i09 11. Mr. Craven testified that one of the restaurant sites has been spoken for and the 30,000 square foot building is actually the one which might change to a sit down restaurant instead of a drive- thru restaurant on the other pad, but at this time they are showing the drive-thru on that side; that at some future point the concept of a footbridge across the Eight Mile Lateral would be considered, thereby having some responsibility for curb, gutter and sidewalk and the improvement of Gem Street, but at this point, the Applicant is not asking for that access. 12. That Gene Quinteri testified regarding the improvements he made of the South 29 feet of his property when the expansion of the bowling lanes occurred; that his only objection to this application would be to the size of foot bridge planned; that a 30 to 40 foot bridge would provide both ingress and egress in the area across the canal causing four (4) to five (5) parking sgaces to the bowling lanes to be eliminated; that he would not object to a six (6) or eight (8) foot access and wants to go on record as objecting to that portion of the plot only; that he is not objecting to the drive-thru windows. 13. That no other public testimony was given. FINDINGS OF FACT AND CONCLUSIONS OF LAW - THOMAS PAGE 4 RPR 30 '97 09 53 FR CIT~OF MERIDIRN 208 887 4813 TO 3969 P.06i09 14. That the City Planning Director and Assistant City Engineer submitted comments regarding this application and they are incorporated herein as if set forth in full.. 15. That off-street parking, paving and striping, all signage and sidewalks shall be provided in accordance with City Ordinances. 16. That sewer and water assessments shall be determined during the building plan review process; that sewer and water service to the site shall be coordinated with the Public Works. Department and that a drainage plan shall be submitted for all off- street parking areas; that water service is contingent upon positive test results from a hydraulic analysis. 17. That a 90 foot road right-of-way is required on Meridian Road; that a variance needs to be requested for tiling of the Eight Mile Lateral and if granted, that no fencing be required in lieu of tiling as it would serve no useful purpose; that eleven (11) feet of landscaping will remain when and if the Ada County Highway District takes the full right-of-way on East First Street; that the parking sgaces shall be 9' x 19' with a 25 foot driveway width with designated spaces along Meridian Street for compact spaces if dimensions remain as shown and that applicant should negotiate license agreement with Nampa-Meridian Irrigation District to allow FINDINGS OF FACT AND CONCLUSIONS DF LAW - THOMAS PAGE 5 landscaping within the Eight Mile Lateral easement for aesthetic purposes. 18. That the Meridian Police Department, Meridian Fire Department, Central District Health and the Nampa Meridian Irrigation District they are incorporated herein as if set forth in full. 19. That The Ada County Highway District (ACRD) submitted site specific requirements, and they are incorporated herein as if set forth in full, and which include providing a deposit to the Public Rights-of-Way Trust fund to the District for required street improvements of 5-foot wide sidewalk on Meridian Road abutting the parcel, constructing a 7-foot wide attached sidewalk on East First Street abutting the parcel, constructing curb, gutter, 5-foot sidewalk and match existing pavement along Gem Avenue abutting the parcel, the dedicate 30-feet of right-of-way from the centerline of Meridian Road abutting the parcel (an additional five (5) feet), and sidewalks shall be provided in accordance with City Ordinance. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property FINDINGS OF FACT AND CONCLUSIONS OF LAW - THOMAS PAGE 6 within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to i1-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. That the City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, daho Code, and pursuant to 11-2-418(D) of the Revised and Compiled Ordinances of the City of Meridian, Idaho. 4. That 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits; that upon a review of those requirements and a review of the facts presented and the conditions of the area, the Planning and Zoning Commission concludes as follows: a. The use, would in fast, constitute a conditional use and a conditional use permit is required by ordinance. b. The use should be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. FINDINGS OF FACT AND CONCLUSIDN5 OF LAW - T&OMAS PAGE 7 RPR 30 '97 09 56 FR CITY OF MERIDIRh! 208 887 4813 TO 8~ 969 P.01i03 • c. The use apparently would be designed and constructed, to be harmonious in appearance with the intended character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses. e. The property has sewer and water service available. f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community. g• The use would nat involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use will be required. i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 5. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Uniform Mechanical Code, the Fire and Life Safety Code, all parking and landscaping requirements. 6. That the drive way for drive-in window shall not be used for delivezies nor shall it be allowed to impose or impede on other uses in the area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - THOMAS PAGE 8 RPR 30 '97 09 57 FR CIT~F MERIDIRN 208 887 4813 TO 969 P.02i03 7. That the Applicant shall meet the requirements of the Nampa S Meridian Irrigation District and the Ada County Highway District. 8. That if the Applicant desires to place a pedestrian bridge across the Eight Mile Lateral the City would have no objection to that, but there shall be no vehicle access from Gem Street to the parcel. FINDINGS OF FACT AND CONCLUSIONS OF LAW - THOMAS PAGE 9 r4-pF~°IERTD IAN gas ea-r naffs iu GGG.57b` • APPROVAL OF FINDINCiB OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTAEE COMMISSIONER SHEARER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) DECISION AND -~_ VOTED //I VOTED~~~ ' by~/ VOTED~~ VOTED .r~ : / VOTED ' The Meridian Planning and Zoninq 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. MOTION: APPROVED`P , DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - THOMAS PAGE 10 • i BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BIG BEAVER PROPERTIES, L.L.C. CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SBOP CORNER OF EAST 1ST STREET AND STATE AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on April 8, 1997, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through its representative, Tim Bever, hereinafter referred to as the "Representative," 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 application for the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 8, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 8, 1997 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. BIG BEAVER PROPERTIES, L.L.C. 2. The property included in the application for a conditional use permit is described in the application, and by this reference is incorporated herein as if set forth in full. This property is located within the City of Meridian, Ada County, state of Idaho at the corner of East 1st Street and State Street. 3. Pursuant to the application, the Applicant is the owner of record of the property. 4. Pursuant to the application, the existing uses of the property are as a professional office, a service business and a barbershop. The Applicant is seeking a conditional use permit for said existing uses. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 5. The property is currently zoned (OT) Old Town. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Professional and Sales Offices and Retail Stores are 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 a professional office, a service business and a barbershop is required. 5. The (OT) Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. BIG BEAVER PROPERTIES, L.L.C. medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 6. Conditional Use Permit is defined in the Zoning and Development Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The Representative testified substantially as follows. He does not know the reason for him having to qo through this process. The Applicant purchased the property approximately one and half years ago. The Applicant has repainted the building and installed a new roof for which it was advised that a building permit was not required because such work constitutes general maintenance or upkeep. The occupancy of the building on the property is approximately 708 full, one-half of whom were tenants when the Applicant purchased the property. Through this process, the Applicant has received letters from Ada County Highway District and Nampa & Meridian Irrigation District setting forth requirements the Applicant must fulfill, which has caused great confusion. 8. Chairman Johnson explained to the Representative that one of the requirements under the designated zoning of the property, (O-T) Old Town District, is to secure a conditional use permit for the particular use of the property. The Applicant has ignored the requirement. One of the Applicant's tenants inquired of the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. BIG BEAVER PROPERTIES, L.L.C. of Meridian whether a conditional use permit is required for the property, the response to which was affirmative. However, the tenant did not apply for or secure the required condition use permit, but proceeded with and opened the business. 9. In response to Chairman Johnson's explanation, the Representative testified that he understood the reason the Applicant has to go through the process, and it will attempt to comply with the requirements. The Representative continued that compliance with the requirements would be a difficult task based upon the age and general vicinity of the building. 10. Commissioner Borup commented and Chairman Johnson concurred that the comments from the Nampa & Meridian Irrigation District indicate a lack of familiarity with the building and the property. 11. Commissioner Borup further commented that he does not understand Ada County Highway District's requirement of paving the alley adjacent to the south portion of the building. In response to a question of the Representative, the Representative testified that the alley is not used and it does not encourage parking in the alley. Chairman Johnson commented that there is no specific use with the particular alley. Everyone uses the alley, but it is used primarily by the solid waste contractor to pick up the trash. In the past, the Commission has not required paving of the alley ways except when a portion of the alley way is converted to a form of parking. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. BIG BEAVER PROPERTIES, L.L.C. 12. Commissioner Borup further commented that Ada County Highway District's requirement of repairing/replacing the curb on State Avenue is not unreasonable. Commissioner Oslund stated that he found the requirement of the replacement of the curb, gutter and sidewalk acceptable. 13. Commissioner Borup commented upon and questioned the Representative on item 6., concerning parking, made by the Planning and Zoning Administrator in her submitted comments. The Representative stated that leaving the parking as it exists is fine. The Applicant is seeking low traffic types of businesses as its tenants. 14. Commissioner MacCoy commented on the requirements concerning lighting, the avoidance of causing glare and the display of signs and working with City staff to comply with the imposed requirements. 15. In response to questions from Commissioner MacCoy, the Representative stated that there exist ramps for access by disabled individuals and the widths of the door are in compliance with applicable requirements. Accordingly, the Applicant believes it is in compliance with the Americans with Disabilities Act. The Representative further stated that the Applicant intends to plant flowers in the planter boxes in the front of the building. 16. In response to further questions of Commissioner Borup, the Representative stated that the present tenants consist of a building company whose office is located in the building, a barber shop and a typography business. A brokerage firm is contemplating FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. BIG BEAVER PROPERTIES, L.L.C. renting the remaining portion of th~ building. The tenants have low traffic types of businesses. 17. The Assistant to the City Engineer, Bruce Freckleton, submitted comments which are incorporated herein as if set forth in full. His comments included, but are not limited to, the following: a. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; b. 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.; c. All signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance; and d. Sanitary sewer and water to this facility would be via existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. The Applicant is to provide any information that it may have with regards to the anticipated water demand. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 18. The Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full. Her comments included, but are not limited to, the following: a. As the use being requested is for a barbershop, which is different than the previous use, the Applicant was requested to apply for a conditional use permit. The Applicant is requesting a conditional use permit for the entire building, with all uses being designated; b. Each tenant shall obtain a certificate of occupancy prior to opening for business in accordance with City Ordinance 11-2-421 and the Uniform Building Code; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. BIG BEAVER PROPERTIES, L.L.C. ! ~ c. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning and Zoning Department. A-frame and other temporary signs will not be permitted and will be removed upon three days notice to the Applicant. Sign permits are needed for all signage; d. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes; e. Screened trash enclosures are to be provided in accordance with City Ordinance. The Applicant is to coordinate dumpster site locations with the City's solid waste contractor and to locate dumpeters so as not to impede fire access; f. The Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whdther additional assessment fees should be charged. A re-assessment agreement will be entered into with the Applicant prior to issuance of a certificate of occupancy; g. -The property does not appear to provide adequate off-street parking. With roughly 4,000 square feet of building, a total of ten (10) off-street parking spaces would be needed. Parking in the alley or on State Street does not count toward off-street parking. Residents in the area have complained of various employees in the area parking all day in front of their homes and would like to have a two-hour parking restriction imposed on State Street. She could support waiving the off-street parking requirement provided that all uses are restricted to those outlined in the application and no retail or restaurant use is permitted; h. Handicapped accessible parking and walkways are to be provided in accordance with the Americans with Disabilities Act, including appropriate signage; i. Landscaping and underground sprinkling of all landscaped areas shall be provided per City Ordinance; and j. Illumination of site shall not cause glare or impact adjacent properties, as determined by the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. BIG BEAVER PROPERTIES, L.L.C. 19. Meridian City Police Department and Meridian Fire Department submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 20. The Ada County Highway District submitted comments, and such comments are hereby incorporated herein as if set forth in full. Its comments included, but are not limited to, the following: a. The Applicant replace damaged curb on State Avenue with new curb to match existing improvements. Segments to be replaced shall be determined by ACRD Construction Services staff; b. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the District; c. The Applicant pave the alley a minimum of 16 feet wide abutting the entire site; and d. No additional access to State Avenue or East 1st Street has been proposed with the application and none are approved. 21. Central District Health Department submitted comments, which comments are hereby incorporated herein as if set forth in full; that it has no objections to this proposal and after written approval from appropriate entities are submitted, it can approve this proposal for central sewage and central water 22. Nampa & Meridian Irrigation District submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; b. All laterals and waste ways moat be protected; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. BIG BEAVER PROPERTIES, L.L.C. c. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans; d. The developer must comply with Idaho Code Section 31-3605; and e. It is recommended that irrigation water be made available to all developments with the Nampa & Meridian Irrigation District. 23. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to 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 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. BIG BEAVER PROPERTIES, L.L.C. permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The Commission 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. 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 uses would, in fact, constitute conditional uses and a conditional use permit would be required by ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. BIG BEAVER PROPERTIES, L.L.C. b. The uses would be harmonious with and in accordance with the Comprehensive Plan but the Zoning and Development Ordinance requires a conditional use permit to allow the uses; c. The uses are 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 uses should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The uses would not be hazardous nor should they be disturbing to existing or future neighboring uses if the conditions are met; e. The property has sewer and water service already. connected, but the Applicant may have to pay additional fees for the uses; f. The uses would not create excessive additional requirements at public cost for public facilities and services and the uses would not be detrimental to the economic welfare of the community; q. If the conditions are met, the uses should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to persons, 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. BIG BEAVER PROPERTIES, L.L.C. a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian 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 cause glare or impact adjacent properties or any nearby residential areas, as determined by the City of Meridian, 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. All signage shall receive design approval of the Planning and Zoning Department. A-frame and other temporary signs shall not be permitted and shall be removed upon three days notice to the Applicant. Sign permits shall be required for all signage; 4. The Applicant shall provide any information that it may have with regards to the present and anticipated water demand for the purpose of reviewing the assessments for sewer and water and determining whether additional load would justify an adjustment; 5. The Applicant shall enter into an Assessment Agreement with the City of Meridian prior to the issuance of any certificate of occupancy; 6. Each tenant shall obtain a certificate of occupancy prior to opening for business in accordance with City Ordinance 11-2-421 and the Uniform Building Code; 7. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. BIG BEAVER PROPERTIES, L.L.C. 8. Screened trash enclosures are to be provided in accordance with City Ordinance; 9. The Applicant shall coordinate dumpater site locations with the City's solid waste contractor and to locate dumpsters so as not to impede fire access; 10. Handicapped accessible parking and walkways are to be provided in accordance with the Americans with Disabilities Act, including appropriate signage; 11. Landscaping and underground sprinkling of all landscaped areas shall be provided per City Ordinance; and 12. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Applicant must submit drainage plans to the Nampa & Meridian Irrigation District for its review and approval. c. The Applicant shall meet the requirements of the Ada County Highway District, except the requirement that the Applicant pave the alley abutting the entire site. These requirements specifically include: 1. The Applicant replace damaged curb on State Avenue, as determined by Ada County Highway District's Construction Services staff, with new curb to match existing improvements; 2. Utility street cuts in new pavement less than five years old shall not be allowed unless approved in writing by the District; and 3. No additional access to State Avenue or East 1st Street have been proposed or approved. d. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein, other conditional use applications, or the ordinances of the City of Meridian. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. BIG BEAVER PROPERTIES, L.L.C. 10. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission. of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER O,D ~C -~ ~~ VOTED ~~ CUI~IlKISSIONER MACCOY VOTED COMMISSIONER MANNING VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~~i 3~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. BIG BEAVER PROPERTIES, L.L.C. DECISION AND The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION.: APPROVED. ~'~~1~7 DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. BIG BEAVER PROPERTIES, L.L.C. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY CONDITIONAL USE PERMIT FOR USE OF METAL BUILDING 84 FEET LONG AND 60 FEET WIDE 1827 West 3rd Street MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on April 8, 1997, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through its representative, Don Palmer, hereinafter referred to as the "Representative," 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. FINDINCi3 OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 8, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 8, 1997 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY 2. The property included in the application for a conditional use permit is described in the application, and by this reference is incorporated herein as if set forth in full. This property is located within the City of Meridian, Ada County, state of Idaho at 1827 West 3rd Street. 3. Pursuant to the application, the Applicant, GENERAL COUNCIL of the CHURCHES of GOD, 7TH DAY, is the owner of record of the property. 4. Pursuant to the application and the accompanying letter from the Representative, General Council President, the Applicant seeks a conditional use permit to use a metal building 84 feet in length and 60 feet in width for church camp meetings rather than a tent. The cost of renting the tent for such use is cost prohibitive. The cost of purchasing a tent is greater than the cost of the proposed metal building. Additionally, the useable life of the proposed metal building is greater that the useable life of a tent. The proposed metal building would be an open permanent structure with canvass sides similar to a tent. The openness and canvass sides will provide the "revival feeling" which the congregation desires. The existing grass would be used for the floor of the proposed metal building. The camp meetings would be held within the facility once a year, so the lawn will be used for parking as it has been used in the past for camp meetings. The amenities of the proposed metal building would consist of lights and a sound system; restrooms and a kitchen are otherwise provided in the existing multi-purpose building. The Applicant agrees to pay FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY additional sewer, water or trash fees or charges associated with the use. 5. The Representative testified substantially as follows. They have held church camp meetings in City of Meridian since 1954. They have leased tents for the annual camp meetings, which last one week. The cost of renting the tent(s) is becoming cost prohibitive. It costs approximately $2,500.00 to rent a tent for the camp meeting. They can purchase the proposed building at a cost of renting the tents for ten years. The cost of purchasing a tent with sufficient room would cost more than the cost of the proposed building. They would like to put up a permanent shelter to take the place of the tent to eliminate the expense of putting up and taking down the tent. The proposed building would only have electricity in it. The existing multi-purpose building would provide the necessary reatroom facilities and similar necessary facilities. The proposed building is eliminating the necessity of the tent used each year for the camp meeting. The proposed building will not be entirely enclosed to provide the ambience desired by those attending the camp meetings. The parking will remain the same. There will be no changes other than the erection of the proposed building. 6. In response to questions from Chairman Johnson, the Represenative testified substantially as follows. The proposed building is a long type of building. The proposed building is a steel framed building with a pitched roof and canvass walls on the sides, which can be raised and lowered. The proposed building is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY a pre-packaged type of building specifically designed for the proposed type of use. 7. In response to questions from Commissioner Borup, the Represenative testified that the roof is similar to a roof on a house. The ceiling height will be approximately 18 feet high. 8. In response to questions from Commissioner MacCoy, the Represenative testified substantially as follows. The drawings of the building are prepared by the engineers of the manufacturer, and the manufacturer also had the drawings reviewed by a licensed Idaho engineer. The plans for the footings were engineered by a local engineer so that the proposed building would be structurally sound and meet all the requirements of the state of Idaho and City of Meridian. The roof will be an off white. The sides (walls) of the proposed building will be metal and extend down from the top seven feet. The remaining wall will be canvass measuring eight feet to the ground. The inside lighting of the building will consist of general fluorescent lighting, which is not glaring. The only amenities inside the proposed building will be the lights and a sound system. The lights will be permanent, but the sound .system will be removable. Because the church services or activities are completed by 9:00 p.m., there is approximately one hour before it becomes dark. The facilities that they have are set up for about 1,000 participants, but they usually have only 400 participants at one time. With regard to accommodations for disabled people, they can drive up to the proposed building. They have several members FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY or participants who are in wheelchairs, and they have made accommodations for them in the past. 9. Bruce Freckleton, Assistant to the City Engineer, submitted comments, which comments are incorporated herein as if set forth in full. His comments included the following. Sanitary sewer and water to this facility would be via existing service lines. Assessments for sewer and water service will be reviewed to determine whether additional load would justify an adjustment. The Applicant is requested to provide any information it may have with regard to anticipated water demand. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 10. Shari Stiles, Planning and Zoning Administrator, has or may submit comments, and such comments are hereby incorporated herein as if set forth in full or shall be incorporated herein as if set forth in full when submitted. 11. The Meridian City Police Department submitted comments, which comments are incorporated herein as if set forth in full. 12. The Meridian Fire Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that the Applicant needs to meet the Article 32 of the 1994 Uniform Fire Code for tents and canopies. 13. The Ada County Highway District and the Central District Health Department submitted comments, which respective comments are incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY 14. Nampa & Meridian Irrigation District submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; b. All laterals and waste ways must be protected; c. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans; d. The developer must comply with Idaho Code Section 31-3805; and e. It is recommended that irrigation water be made available to all developments with the Nampa & Meridian Irrigation District. 1~5. There was no further testimony given at the hearing. 16. The property is currently zoned (R-8) Medium Density Residential District; that in the ZONING SCHEDULE OF USE CONTROL, Sections 11-2-409 B. Commercial, Churches are listed as a conditional use in the (R-8) Medium Density Residential District. 17. The (R-8) Medium Density Residential District is described in the Zoning and Development Ordinance, 11-2-408 B 4. as follows: x-u Medium Densit Residential District: The purpose of the (R-8) District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY 18. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City of Meridian has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-416 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY 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 Planning and Zoning Commission judges this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY c. If there is compliance with the conditions set forth herein, the use should be operated and maintained to be harmonious and appropriate in appearance with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as fire protection, drainage structures, refuse disposal, water and sewer, but the Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 11. Since conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoninq and Development Ordinance, shall not be transferable to another owner or lessor of the property or to another property; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; c. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department and other governmental agencies submitting comments; d. The conditional use shall be for the construction or erection of one (1) metal building 84 feet in length and 60 feet in width at the property in accordance with the plane submitted by Applicant and in accordance with all engineering, structural and other requirements of the state of Idaho, Ada County and the City of Meridian pertaining to the construction of buildings; e. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements. 12. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 13. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY APPROVAL OF FINDINOS OF FACT AND CONCLUSIORS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED COMMISSIONER SMITH VOTED COMMISSIONER MACCOY VOTED COMMISSIONER MANNING VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION 5~~~~ ~ The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. NOTION: s~~3~q ~ APPROVED: DISAPPROVED: FINDINGS OF FACT AN~USIONS OF LAW - Pa a 11. g GENERAL COUNCIL OF THE CHURCHES OF GOD, 7TH DAY . • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION BRIGITTE STONE i ACCESSORY USE PERMIT FOR COMMISSARY BAKERY 626 McGLINCHEY AVENUE, MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAN The above entitled matter having come on fox public hearing on P.pril 8, 1997, at the hour of 7:00 o'clock p.m., at the Meridian C~.ty Ha11, 33 East Idaho Street, Meridian, Idaho, the Applicant, )3:-igitte Stone, appearing in person, hereinafter referred to as the "~~pplicant," and with a representative, Derrick Bell, hereinafter referred to as "Representative," the Planning and Zoning Commission o+'. the City of Meridian having duly considered the evidence and the m;~tter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. P_notice of the application was mailed by certified mail, return receipt requested, to owners of property which abuts the external lot or boundary lines of the property, including properties across the street, alley and kitty corner to the nro~erty; a notice of the application was published for two (2) con.^,ecutive weeks; a notice of the public hearing on the application fer the accessory use permit was published for two (2) c:on:?ecut.ive weeks prior to the said public hearing scheduled for F.Fril 8, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 8, 1997 hearing; that the public was given full opportunity FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included in the application for the accessory use permit is described in the application, and by this reference is incorporated herein as if set forth in full. This property is located within the City of Meridian, Ada County, state of Idaho at 626 McGlinchey Avenue. 3. Pursuant to the application, the Applicant is the owner of record of the property; the property is currently zoned (R-4) Low Density Residential District; the Candyland Daycare is in close proximity to the property; the Applicant agrees to pay increased sewer, water and trash fees if such are required due to the increased use; the accessory use includes construction of an accessory building or addition to the primary building on the property, which will be constructed at the rear of the primary building; the accessory use is for a home occupation; the intention of the Applicant is to have a commissary bakery, the baked goods or product from which are delivered to coffee shops and businesses; and a commercial type stove and refrigerator will be installed as part of the accessory use. 4. The surrounding properties are residential homes and are zoned (R-4) Low Density Residential District. 5. The Applicant testified substantially as follows. She is proposing a commissary bakery, not a full fledged shop where customers come and purchase baked goods and products. She has contracts with different coffee shops in Meridian and Nampa, Idaho. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY She is proposing a commissary bakery in which she is the only person baking. She has two individuals who pick up the baked goods and products and then deliver them to certain locations. By looking at the outside of the building, one cannot see the bakery or know it exists. Only by walking inside the building will one know of the bakery. The addition to the building is designed to allow her to sell the property and permit the buyer to change the addition into an additional room. The Applicant's proposal has been approved by Central District Health Department. 6. The Applicant has been conducting her business, on a temporary basis, from another location. There was a misunderstanding concerning the application for this permit, and the building permits were basically revoked, which created a big issue. 7. The proposed use is for a commissary bakery in which she is the only one that works at night. There has been a lot of traffic coming and going from the property because she has been moving her equipment to the temporary location over the last several weeks to comply with the request of the Central District Health Department. 8. The Applicant submitted two letters in favor of the requested application and proposed use. One letter is on letter head from TATES RENTS signed by Russell D. Robison and three other individuals, the signatures of whom cannot be deciphered; this letter is incorporated herein as if set forth in full. The other letter is from Leslie Dean Schuster, who, according to the letter FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY owns the residence at 1940 N. Crestmont Drive. Ms. Schuster's letter is incorporated herein as if set forth in full, and provides in part: [H]er home business has never been a hinderance to anyone in the neighborhood. I've never noticed excess traffic problems, parking in front of other homes, more noise or a~ problem of a~ kind. In fact, had the city not stopped construction, no one would have been any wiser. However, our other co-resident at 1950 Crestmont, named Joan, has for reasons unknown, undertaken a personal war against them, canvassing our neighborhood and feeding fears and complaints about her imagined and exaggerated problems that this woman's quiet home business could cause. I encourage the city council to allow the construction to resume, allow her business and caution the council about putting too much credence in Miss Joan's rabblerousing. I feel they have been treated unfairly. Again, the home business should be allowed to proceed The concerns of the neighbors are, I believe, unfounded and reactionary, due largely to coaching from Joan. (Underline original.) 9. The Representative testified substantially as follows. It appears to him that a lot of the complaints in response to the application are due to some misunderstandings or misrepresentation as to the scope and nature of the project. It is clearly an activity that is incidental to the residence in the building. It consists of baking pastries, with some catering of some lunches and dinners, which is less than five percent of her business. The vast majority of what she does is pastries which are delivered to the shops and various businesses around town. From the outside, the addition to the building is not going to detract from the neighborhood character in terms of property values. The traffic generated by the proposed use will~be less than that generated by FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY a day care in the neighborhood. There are two girls who come to the property in the morning. The property is not a retail outlet; there are no signs, no exterior lighting, and nothing which really deviates from the residential nature in this entire project. 10. In response to questions of Commissioner MacCoy, the Representative testified substantially as follows. There will be no noises which are not typically generated in a house; baking of bread, muffins and cookies are things which will happen in the neighborhood anyway. She. is not cooking doughnuts or anything similar, so there is not a large amount of grease or a need for a ventilation system to accommodate such type of cooking. With regard to the submitted menu, the selections pertain to the catering of special events for businesses, lunches and meetings, which the Applicant offers as part of her business. The menu is submitted as an example of the goods and products she offers. The menu is distributed to businesses. She caters weddings occasionally. 11. In response to questions of Commissioner Oslund, the Applicant testified substantially as follows. She does not want her business to get too big. She left her job for a hobby, which is her baking business. She enjoys cooking. She plans to stay very limited due to the tremendous cost of expanding, including the cost overhead, which can be overwhelming. Presently, she can guarantee that the business is not going to grow, but if the growth does occur, she will look for a different location. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY 12. In response to further questions of Commissioner Oslund, the Applicant testified substantially as follows. There exist two day cares in the neighborhood; one at the end of McGlinchey which has approximately 14 children and another at the end of Crestmont. TA Financial company is on the corner of Crestmont and Lawndale. There is also Chips Auto Window Repair, and two other financial/ accounting services operated from residences in the area. In further response, the Representative testified substantially as follows. They have considered other possibilities. They have looked at the H & R Block building and considered building a lunch counter bakery in that building. The possibility was too expensive considering the present state of the Applicant's business. The reason for the addition to the building on the property is the added value to the building as a residence. They plan to move the business to a location more representative and appropriate for the business as it develops in the future. There has been a tremendous demand for the particular service offered by the Applicant's business. If the girls who deliver the product fail to show up, people call asking where they are. Presently, the business is a fledgling type of business, just trying to get off the ground. The Applicant started the business from her kitchen, which was inspected on several occasions by the Central District Health Department and passed all of the inspections. In February, regulations were changed so as to require more square footage. The plan for the addition to the building was developed to meet the square footage requirements based upon volume. The Applicant added FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY that the proposed plan for the addition has been approved by the Central District Health Department as a commissary bakery and nothing else. 13. Chairman Johnson commented that the considerations of the Central District Health Department and this Planning and Zoning Commission are different. In response to questions of Chairman Johnson pertaining to the Commission's considerations, which concern the neighborhood, the residential character of the neighborhood and the neighbors' concerns, the Applicant testified substantially as follows. When the proposal became an issue, she spoke with the neighbors in the adjacent area. She went to each neighbor. She received no real objections, except one negative comment. The neighbors indicated that if the other neighbors have no objection they have no objection. She received no definite objections until the last few weeks due to the activity which has been occurring. No objections arose until the construction of the addition to the building commenced. There is a lot of miscommunication concerning the proposal, such as the misconceived extent of the proposal based upon the menu. The business does not create traffic. She worked in the past at night, and she is a night person. Her work for her business is at night. People do come to and go from her house; however, those who come and go are members of her family, not business related traffic. 14. In response to further questions of Chairman Johnson the Applicant testified substantially as follows. She is the only person cooking the bakery products and goods. She has two girls FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY i • who deliver the bakery products and goods. Most of the time, she makes the early morning deliveries. The two girls arrive at about 8:00 a.m. when the deliveries start and return by 1:00 p.m. at the latest. The two girls each make two trips; one to pick up the bakery goods and products and the other to return. As clarification to the answers to questions of Chairman Johnson, the Representative substantially testified that, other than the Applicant, there are two delivery girls. 15. With regard to the inquiry made by Chairman Johnson concerning claims of increased traffic as presented in submitted letters, the Applicant substantially testified that there are only two vehicles involved in the operation of the business; a Chevy Blazer and a Subaru. There is traffic to and from the property on a daily basis; however, this traffic is due to her friends and family coming and going. The Representative added substantially as follows. The amount of traffic the neighbors have observed cannot come from the operation of the business, because the business has been operating from the temporary location, not the property. The traffic is either other people in the neighborhood, or friends coming and going to visit the Applicant. 16. In response to a question of Commissioner Oslund, the Applicant testified substantially as follows. She has been operating at the temporary location for three weeks. She does not have delivery service of the raw products to her home or vendors coming to her home. She meets the delivery truck at another location, and brings them to the property in her vehicle. A FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY service call was made to her home by Inland Coca-Cola to provide her prices for pop for her big catering jobs. However, there has not been excessive traffic due to the operation of the business. 17. In response to a question of Chairman Johnson concerning a submitted letter, the author of which claims that the police have been called due to excessive noise, the Applicant testified concerning domestic disputes she had two years ago; however, these disputes had nothing to do with her business or its operation. She has also had one warning from an officer concerning her dog b3rk.ing. 18. In response to a question of Chairman Johnson concerning a submitted letter, the author of which, J. Blunk, claims the Applicant plans a walk in catering company, the Representative testified that there is no basis for such claim whatsoever. They have no plans for such type of business at the property. The business is not a retail establishment for walk in traffic. 19. In response to questions of Commissioner Borup, the Applicant testified substantially as follows. She presently has three confirmed contracts, with regard to the delivery of the baked goods and products, with two potential contracts. She and the two delivery girls deliver to coffee shops. They also deliver to other businesses who request such deliveries. Of the approximately 50 items offered on the submitted menu, she bakes nearly each item every night. She does all of the baking. She has a commercial stove, which is an air central convection oven. This oven looks like an ordinary stove in a house. FIND"SLAGS OF Y'ACT AND CONCLUSIONS OF LAW - Page 9. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY 20. in response to further questions of Commissioner Borup, the Applicant testified substantially as follows. With regard to the comments of City staff, she believes an assumption has been made that the project is much broader in scope than what is planned. There is no real need for a grease trap because the items will not be fried, which results in grease being put into the sewer system. She uses no frying in the cooking; she makes pastries which are baked. She believes the additional load on the water and sewer systems will amount to approximately 10 gallons per day. There exists very little demand for water and sewer from a bakery. 21. In response to questions of Commissioner Borup, the Representative testified that the business is a commercial enterprise, which she has been operating from her home. With any kind of business, one needs to generate commerce. 22. Commissioner Oslund commented that some types of businesses operated from a residence, such as an accounting business and the volume of work of such business, does not necessarily create an impact on the neighborhood as do other types of businesses, such as the proposed business operation. 23. The Applicant testified further in response to questions presented. The square footage of the house, including the garage, is 1,420 square feet, and, exclusive of the garage, 1,350 square feet she believes but is not sure. The proposed addition to the house is 14 feet by 30 feet. The two delivery girls only deliver product of the business; they are not family members; and they do not reside at the property. The refrigerator to be purchased is an FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY approved single door vacuum sealed refrigerator, the exact measurements of which she did not know. The off street parking, which is on the driveway of the property, is used by delivery girls. 24. Lucille Wood testified substantially as follows in objection to the application. The Applicant's property is next to her house. Contrary to the Applicant's testimony, there is noise. People park in front of the property, and in front of her and her husband's trailer. 25. In response to questions of Chairman Johnson concerning the noise, Mrs. Wood testified that the Applicant has three dogs whom bark every time someone comes to the property. With regard to the people who park in front of the property, including in front of the trailer, she does not know who they are, but they are people who come to the property. She and her husband have lived in their home for at least 20 years. She and her husband want to keep the neighborhood residential, without any businesses. 26. Roy Wood testified substantially as follows in objection to the application. Contrary to the testimony of the Applicant, he has seen delivery trucks in the neighborhood who deliver products at the property; however, cannot identify the name of the business' delivery trucks. 27. Lucille Wood testified that she was the person who presented to the Planning and Zoning Commission a letter dated April 1 - 7, 1997 and is signed by 18 individuals. This letter is incorporated herein as if set forth in full. This letter provides: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY We the undersigned have great concerns over the reviewing and proving (sic) of a bakery, (sic) at 626 McGlinchey. (sic), Meridian, Idaho. Due to limited parking, excess travel of cars by emplyees (sic) and customers, and other noises, we feel the above bakery would NOT be appropriate for our small neighborhood. We are AGAINST said bakery at 626 McGlinchey, Meridian, Idaho. In response to questions of Chairman Johnson as to how the signatures were collected, Mrs. Wood testified, "they live right around us on McGlinchey and on the corner of Crestmont, they are just around from us." 28. In response to further questions of Chairman Johnson, Lucille Wood testified substantially as follows. The Applicant did not contact her about the proposed business. Another person,. the identity of whom she does not know, made contact with her and her husband. 29. Jerry Card testified that he lives three houses away to the west from the Applicant, and he has not been contacted by the Applicant concerning the proposed business of the Applicant. He did not know she had a bakery at the property until he was contacted by Mrs. Wood [Lucille Wood]. 30. Carolyn Mitchell testified in objection to the application substantially as follows. She purchased her house because she knows the immediate area primarily consists of retired people. She purchased her house because of the quiet neighborhood, which she prefers, which characteristic she desires to maintain. The area is a residential area, not a commercial area, and she would like it to remain quiet, peaceful and safe. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY 31. A letter, date April 4, 1997 and signed by Carolyn Mitchell, was submitted to the Planning and Zoning Commission in objection to the application, which letter is incorporate herein as if set forth in full. This letter provides in part: Recently I have noticed an increase of traffic and many cars parked either in the driveway of the home located at 626 McGlinchey or on the street or both, and sometimes blocking my immediate neighbor's driveway next door to me. I ask for the sake of the neighborhood, noise level, low traffic and the safety of neighborhood children, including that of my own, please deny the Application (sic) of Brigitte Stone. 31. Lucille Groff testified substantially as follows. She has never had any objections to the proposal of the Applicant, except that if the business created too much traffic it would not be good, as there are quite a few children in the area. The Applicant said there would not be an increase in traffic, and she has not observed much increase. She believes a person should be able to do what he or she desires in his or her home. 32. Joan Blunk testified substantially as follows in opposition to the application. The Applicant contacted her concerning the proposed bakery. At that time she expressed to the Applicant her objection to the bakery. Approximately eight to ten months ago, she noticed a lot of traffic coming and going from the property at different hours of the day. The Applicant advised her that no more than eight to ten people would pick up supplies and deliver products for her, and she and another person would be baking. The noise is the problem which disturbs her and her daughter's sleep. The Applicant testified as to moving locations FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY in the future; however, given the amount of money the Applicant is investing, she thinks it is a better idea for the Applicant to find a more appropriate location for the Applicant's business. 33. Paul Luchi testified in support of the Applicant substantially as follows. The Applicant leases from the temporary space she presently uses for her business. He has observed the Applicant four or five nights and she baking was alone. He does not live in the neighborhood, but he cannot imagine any noise from what he has observed. He has observed nothing from her work which would create noise. There are only two people that pick up and deliver bakery products and goods for the Applicant. 34. in response to questions of Commissioner Borup, Mr. Luchi testified substantially as follows. Over the period of time in which she has leased the space from him, there have been no problems. From his point of view, there is no reason why the Applicant cannot continue to operate from the space he leases to her; however, available area will become an issue due to his business, and he does not know what her needs, in terms of space, will be in the future. 35. Doris Tewksbury testified substantially as follows. She believes the operation of the Applicant's business will create a precedent for other businesses to try to operate business from homes in the residential area in which the property is located. She believes the operation of the business could cause a reduction in the value of her property if businesses are operated in the residential area. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY 36. A letter, dated March 26, 1997 and signed by Rarry R. Tewksbury and Doris Tewksbury in opposition of the Applicant, was submitted to the Planning and Zoning Commission, which letter is incorporated herein as if set forth in full. 37. Carolyn Mitchell further testified substantially as follows. The Applicant did not contact her and request her input concerning her proposed business at the property. Living two houses away from the property, she has noticed approximately five to six cars parked on the street close to the Applicant's property and four cars in her driveway. 38. In response to questions of Commissioner Borup, Ms. Mitchell testified that she has observed these vehicles when she comes home for lunch, and when she arrives home from work at approximately 5:15 p.m. she has observed the majority of the parked vehicles. 39. The Applicant responded to the comments of the public substantially as follows. Carolyn Mitchell was not notified by the Applicant because pursuant to the information which the Applicant obtained for the application, Ms. Mitchell's property was not within the area of property required to be notified and neither was Jerry Card. As these individuals were not in the designated area for notification, they were not notified or contacted. She does not have much contact with her neighbors, as she is the first to admit that she is not "Miss Friendly." The people in opposition to the application are judging a book by its cover. Cars come and qo from her property; however, not ten cars. She has been working FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY from the temporary location for the last three weeks. In the evenings there are two to three cars at most parked at the property, namely, Derrick Bell's, her brother's and her respective vehicles. The cars have been parked outside because equipment is in the garage. She seeks the use of the property for her business because she is not presently making a sizeable profit and is not in a financial position to rent another location. As her business grows, she will look for another location. She does not desire to upset or offend her neighbors. She apologizes for the noise created by the activities associated with people living at her resident. She has three dogs, one of which is noisy; she does attempt to control him. When she goes to her home in the middle of the night, she turns off her headlights so as not to shine her lights on neighboring houses. She has not been approached by either Mr. Wood or Mrs. Wood to move the cars parked at her property. As far as she knows, no one in her family has been approached by Mr. Wood or Mrs. Wood to move the cars or concerning their trailer access being blocked. She is not a difficult person to get along with. If her neighbors have a problem with her or an activity occurring at her property, all they need to do is contact her and she would be happy to comply. 40. The Representative responded to the comments of the public substantially as follows. He has visited the Applicant's property over the last eight to nine months; the period of time in which he and the Applicant have been dating. They are presently engaged to be married. Over the course of said period of time, he FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY has not observed more than four cars at one time parked at her property. The time he observed four cars was when the Applicant had her family members to her house for dinner. There was one other occasion in which six to seven vehicles were parked at her property, because she had her family over on a holiday. The Applicant is a very industrious person who works hours that others could not work. He has observed her work 22 hours a day. She is ambitious and a very kind person. However, she does have a short temper, which he has witnessed on several occasions. He has not observed vehicles parked in front of Mr. Wood's driveway. With regard to being a good neighbor, two feet of Mr. Wood's driveway encroaches upon the Applicant's property. She has not complained stout the encroachment to Mr. Wood and permits the use of her property for the driveway, which indicates to him that she is a good neighbor and tries to get along with her neighbors. With regard to the dogs, each time he has been at the Applicant's property, the dogs are brought into the house by 10:00 p.m. The dogs do not bark in the house, but they do bark when they are outside. The Applicant did not contact Mr. Wood, rather he and another person, Everett Shutty, contacte3 Mr. and Mrs. Wood. When he and this other person contacted the Woods, the. Woods expressed their concern about parking and noises they have heard. Everything which he has observed at the property indicates to him that the household is quiet and peaceful. In his opinion, most of the comments and objections to the application are not relevant to the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY proposed business. The comments relate to family related activities, not business related activities. 41. In response to questions of Commissioner Oslund, the Applicant testified substantially as follows. The number of guests which she can accommodate in terms of catering depends upon the number of people attending the party. She has catered for Hewlet Packard in which 440 people attended. She served a lasagna dinner, and she prepared the food by herself, and she spent three and one- half days preparing the food. She puts in long hours and is not the type of person who requires a significant amount of sleep. 42. In response to questions of Commissioner Oslund, the Applicant testified substantially as follows. She has explored other alternatives, but she cannot afford to lease a location. The amount of rent to be paid for another location, $2,000.00 per month, is too much to handle presently. The problem with sharing a location with another business is available area. She shares the temporary location with another business, which is expanding and will likely need more area shortly. As the demand for area increases and the amount of available area decreases, she will not be able to comply with the requirements of the Central District Health Department. 43. An undated letter signed by Roy & Lucille Wood in opposition of the Application was submitted to the Planning and Zoning Commission, which letter is incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY 44. The Assistant to the City Engineer, Bruce Freckleton, submitted comments which comments are incorporated herein as if set forth in full. His comments included the following: a. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance; b. Outside lighting shall not to direct illumination areas and in accordance with 414 D 3.; be designed and placed so as on any nearby residential City Ordinance Section 11-2- c. All signs shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance; and d. Sanitary sewer and water to this facility would be via existing service lines. This site currently is assessed with one water hookup and one sewer hookup. Assessments for sewer and water service will be reviewed to see if additional load justifies an adjustment. The Applicant is to provide any information that she may have with regards to her anticipated water demand. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian. 45. The Planning and Zoning Administrator, Shari Stiles, submitted comments which comments are incorporated herein as if set forth in full. Her comments stated the following: The Applicant submitted a building permit application for a "bonus room" at her residence. When reviewing the plans, the Public Works Department noted that a floor drain and sinks were being installed in this room. When questioned, the Applicant stated she wanted to make pastries for deliveries to coffee shops and businesses, so the Applicant was requested to apply for an Accessory Use Permit prior to obtaining a building permit. The Applicant is currently operating at 647 Linder (the same building as Dippin' Dots, an ice cream manufacturer) and has been given temporary approval from Central District Health Department. This property is zone I-L (Light Industrial) and a bakery is a permitted use in this zone. However, no Certificate of Accupancy has been FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY requested or received for either business at this address. Attached is a copy of the menu that is being distributed throughout town for this [the Applicant's] business[, which by this reference is specifically incorporated herein as if set forth in full or attached hereto]. As shown by the menu, there is a significant difference between a simple pastry business and the items listed. The Applicant is proposing a full-scale commercial kitchen in a residential zone, with the possibility of numerous trips being required to make these deliveries. The intent of the Accessory Uae Permit is to allow home occupations in residential dwellings which do not change the appearance of the residence nor the condition of its residential character. The following conditions shall apply: (1) No persons other than members of the family residing on the premises shall be engaged in such occupation; (2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (258) of floor area of the dwelling unit shall be used in the conduct of the home occupation; (3) No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; (4) No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard; (5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY ,. (6) In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. It is questionable that these conditions are capable of being met. If the accessory use permit is granted, the following conditions shall be applied: a. No signage shall be allowed. b. No employees that are not residents of the home will be permitted. c. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. d. Screened trash enclosures are to be provided in accordance with City Ordinance. e. Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged. A re-assessment agreement will be entered into with the Applicant prior to issuance of a certificate of occupancy. f. The use shall be considered a commercial use, with commercial rates applied for all billings. The Applicant will be required to enter into an assessment agreement for sewer and water use with the Public Works Department. g. The accessory use permit should be subject to review upon notice to the Applicant. However, once granted and the Applicant is allowed to construct a full commercial kitchen, revocation would be very difficult. 46. Meridian City Police Department submitted comments, which respective comments are hereby incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY 47. Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; all codes will need to be met. 48. Ada County Highway District submitted comments and requirements, all of which comments and requirements are hereby incorporated herein as if set forth in full. 49. The Central District Health Department submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve this application for central sewage and central water; it will require plans be submitted for a plan review for a food establishment; and a permit for this food establishment is required by the health district. 50. A letter dated April 3, 1997 from Christy Klaus, EHS of the Central District Health Department was submitted to the Planning and Zoning Commission, which letter is incorporated herein as if set forth in full. 51. The Nampa & Meridian Irrigation District submitted comments, which comments are hereby incorporated herein as if set forth in full. 52. Meridian Sewer Department submitted comments, which comments are hereby incorporated herein as if set forth in full; the project will probably need a 1,000 gallons grease interceptor, and it will need a copy of the internal plumbing plans. 53. There was no further testimony given at the hearing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY 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 of the application by certified mail, return receipt requested, to owners of property which abut the external lot or boundary lines of the property, and properties across the street, alley and kitty corner to the property; a notice of the application was published for two (2) consecutive weeks; and a notice of the public hearing on the application for the accessory use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 8, 1997, the first publication of which was fifteen (15) days prior to said hearing. 2. The City of Meridian has authority to grant accessory uses pursuant to 11-2-410 D of the Zoning and Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances and proceedings, other governmental statutes and ordinances, and of actual conditions existing within the City and state of Idaho. 4. The Zoning and Development Ordinance of the City of Meridian defines "Accessory Uae Or Structure," at Section 11-2-403 B as follows: Accessory Use or Structure - A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. An accessory use or structure does not alter the essential characteristics of the principal permitted use and does not include a building which is defined herein as a dwelling unit. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY The Zoning and Development Ordinance of the City of Meridian defines "Dwelling Unit" at Section 11-2-403 B as follows, "Dwelling Unit - Any building or portion thereof which meets adopted building codes and is used as a residence or living quarters of one or more persons." 5. Section 11-2-410 D 1. a. of the Zoning and Development Ordinance of the City of Meridian provides: The accessory determination shall be based upon the relationship of the building, structure or use to the principal permitted use. Specifically, it must be habitually or commonly established as reasonably incidental to the principal permitted use and located and conducted on the same premises as the principal permitted use. In determining whether it is necessary, the following factors shall be used: (1) The size of the lot in question; (2) The nature of the principal permitted use; (3) The use made of adjacent lots; (4) The actual incidence of similar use in the area; (5) The potential for adverse impact on adjacent property; and (6) The applicant must be the owner of the property under consideration and the user of the accessory use. 6. The property is currently zoned (R-4) Low Density Residential District. The (R-4) Low Density Residential District is described in the Zoning and Development Ordinance of the City of Meridian at Section 11-2-408 B 3, as follows: (R-41 Low Density Residential District: Only single- family dwellings shall be permitted and no conditional uses shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (R-4) District is to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. The surrounding properties are zoned (R-4) Low Density Residential District, and are residential homes. Although many bakery businesses exist, yet not in the subject area of the property, a bakery business, even as characterized as a commissary bakery business, is not of a nature which is customarily incidental or subordinate to residential use of property or a building or structure. A bakery business, even as characterized as a commissary bakery business, operated from a building or structure, the principal permitted use of such building or structure being residential, is not habitually or commonly established as being reasonably incidental to such principal permitted use located and conducted thereon. Further, as the majority of the other properties in the area are used only as residential homes and based upon the evidence presented, a great potential of adverse impact on adjacent property exists. 7. Based upon the description of the (R-4) Low Density Residential District as set forth at Section 11-2-406 B 3., the principal permitted use of property in a (R-4) Low Density Residential District, and the provisions of Section 11-2-410 D 1. a., it is concluded that a commissary bakery business is not a use FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY ., . habitually or commonly established as reasonably incidental to the principal permitted use of a residential home. Therefore, it is concluded that such a business is not a accessory use to the Applicant's home. 6. Section 11-2-410 D 2. c. of the Zoning and Development Ordinance of the City of Meridian provides in relevant part: Home Occupation Standards: It is the intent of this provision to permit home occupations in residential dwellings which do not change the appearance of the residence nor the condition of its residential character. The following conditions shall apply: (1) No persons other than members of the family residing on the premises shall be engaged in such occupation; (2) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants and not more than twenty-five percent (258) of floor area of the dwelling unit shall be used in the conduct of the home occupation; (3) No article shall be sold or offered for sale on the premises except such as is produced by the occupants on the premises and no mechanical or electrical equipment shall be installed or maintained other than such as is customarily incidental to domestic use; (4) No significant traffic shall be generated by such home occupation, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard; (5) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. (sic) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY (6) In no way shall the appearance of the residence be altered nor the occupation be conducted in a manner which would cause the premises to differ from its residential character in the use of construction, lighting, signs and in the emission of noise, fumes, odors, vibrations or electrical interference. 9. Three people are engaged in the operation of the commissary bakery business; namely, the Applicant and two girls. The Applicant resides at the property and bakes goods and products. The two girls, who are neither members of the Applicant's family nor reside at the property, pick up the baked goods and products at the property and deliver said items to coffee shops and businesses. Although, it is recognized that only the Applicant bakes the goods and products of the commissary bakery business, the two girls are engaged in the operation of the business through their respective deliveries. As persons, other than members of the Applicant's family and who do not reside at the property, are engaged in the operation of the business, the Applicant has failed to demonstrate compliance with the condition that "No persons other than members of the family residing on the premises shall be engaged in such occupation." It is further concluded that the commissary bakery business does not qualify as a home. business accessory use because persons, other than members of the Applicant's family who reside at the property, are engaged in the commissary bakery business. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BARSRY APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER COMMISSIONER COMMISSIONER COMMISSIONER CHAIRMAN JOH] BORUP SMITH MACCOY MANNING 9SON (TIE BREAKER) VOTED ED N,,~~ E N~ L VOTED DECISION The Meridian Planning and Zoning Commission of the City of Meridian hereby decides that the commissary bakery business, for which the Applicant proposes to obtain an accessory use permit, is not an accessory use, and that the application for an accessory use permit be and is hereby denied. ~- MOTION: APPROVED: r~ ~3157~. DISAPPROVED: $ll~¢ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28. BRIGITTE STONE: ACCESSORY USE PERMIT FOR COMMISSARY BAKERY