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
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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