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1997 04-08~ • MERIDIAN PLANNING & ZONING COMMISSION AGENDA TUESDAY, APRIL 8, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD MARCH 11, 1997: (APPROVED) 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF APPROX. 35.23 TO R-4 BY PNE/EDMONDS CONSTRUCTION: (APPROVE AMENDED FINDINGS; APPROVE RECOMMENDATION) 2. REQUEST FOR PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: (APPROVE RECOMMENDATION TO CITY COUNCIL) 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF APPROX. 4.26 ACRES TO L-O BY A'a LLC: (APPROVE FINDINGS; APPROVE RECOMMENDATION) 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE BUILDINGS BY A'a LLC: (APPROVE FINDINGS; APPROVE RECOMMENDATION) 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF ONE HALF ACRE TO R-2 BY DAVID 8~ BECCI CARMACK: (APPROVE AMENDED FINDINGS; APPROVE RECOMMENDATION) 6. FINDINGS. OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF APPROX. ONE ACRE TO R-15 BY LARRY 8~ KAY HANSEN: (APPROVE FINDINGS; APPROVE RECOMMENDATION) 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: (APPROVE FINDINGS; APPROVE RECOMMENDATION) 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY FOR 13+ CHILDREN BY RHONDA WILLIAMSON: (APPROVE FINDINGS; APPROVE RECOMMENDATION) 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE EMISSION TESTING STATION BY JOSEPH HANSON (IDAHO AIR): (APPROVE FINDINGS; APPROVE RECOMMENDATION) 10. PUBLIC HEARING: REQUEST FOR APRELIMINARY/FINAL PLAT FOR TEN MILE SQUARE BY ALBERTSON'S INC.: (APPROVE RECOMMENDATION TO CITY COUNCIL) 11. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR DRIVE-UP WINDOWS AND 2 BUILDINGS ON SAME LOT BY R.T. NAHAS CO.: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 12. PUBLIC HEARING: REQUEST FOR A CONDITIONAL. USE PERMIT FOR A FULL SERVICE RESTAURANT AND BAR WITH LIQUOR LICENSE BY ROCKETS INC. (STEVE YOUNGERMAN): (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 13. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP BY BIG BEAVER PROPERTIES LLC: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 14. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A METAL BUILDING 84' LONG BY 60' WIDE BY GENERAL COUNCIL CHURCH OF GOD 7T" DAY: (GITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 15. PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR A BAKERY BY BRIGITTE STONE: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) MERIDIAN PLANNING & ZONING COMMISSION AGENDA TUESDAY, APRIL 8, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS QI"25Vi~.-ta~hlrx ~ ~re~ QS/Hn~L MINUTES OF PREVIOUS MEETING HELD MARCH 11, 1997: lc~fJi-ov~ 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF APPROX. 35.23 TO R-4 BY PNE/EDMONDS CONSTRUCTION: v-p fJrorei ~n a X1+-0/ ~'/L ~ ~/~ 2. REQUEST FOR PRELIMINARY PLAT FOR PACKARD SUBDIVISION NO. 2 BY PNE/EDMONDS CONSTRUCTION: lpnpr-ove ~r~carnr+w~, datrv~ !v ~'~c= 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION POND ZONING OF APPROX. 4.26 ACRES TO L-O BY A'a LLC: approve ~/~r1 ~/C m~,prav-~recv,~-da-f~a.~ ~ c'/ce 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE BUILDINGS BY A'a LLC: rippmv~e, -~l~ ~~jG uppvov~C 6~CV'r+ir+e~d2ht~,. sv e'/C~ 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF ONE HALF ACRE TO R-2 BY DAVID 8~ BECCI CA2R.~MACK: G/~pro/•~ ¢nw+-dt4 f'/f- ~e/G _ !° ~1Jrov`C. i~~k C~.c~...-L.-O~ kf7tn.. -~y ~' ~C~ 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF APPROX. ONE ACRE TO R-15 BY LARRY 8 KAY HANSEN: li%p~rov4/ f'l/' ~ c/L 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: ~~yj/~~rovei /'~-/' ~ e/(, rynpro/~ i'e cvv+wr+-e~-GfR-~V'~,. fp ~~(% 8. FINDING OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY FOR 13+ CHILDREN BY RHONDA WILLIAMSON: Q~ppYrXrG ~~~~L/~ ~z ,~tovyc re cor.~wda-C~~- ~r C~/cam 9. FINDING~OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE EMI~10 TESTING STATION BY JOSEPH HANSON (IDAHO AIR); G+~f~r*r~- ~ { ~e/L ~'ppravl' ~ecarti.~,..e.-d~'~- <o C/L 10. PUBLIC BEARING: REQUEST FOR APRELIMINARY/FINAL PLAT FOR TEN MILE SQUARE BY ALBERTSON'S INC.: ~p).pvZ reCvr~r.ti-.~'~h~ fv C'j~ 11. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR DRIVE-UP WINDOWS AND 2 BUILDINGS ON SAME L~T BY R.T. NAHAS co.: ~i~re~t cr2j ~~~y ~vpreO~~ ~~1~° c% 12. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT AND BAR WITH LIQUOR LICENSE BY ROCKETS INC. (STEVE YOUNGERMAN): an.e ~/F. ~ ~,~G ~.'i~-e~L~ e; ~ ~cttU-icy ~ ~e,G 13. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP BY BIG BEAVER PROPERTIES LLC: Ce~y' cc f{~vKe .~v ~2-~,epui+.e ~~~~~L 14. PUBLIC 't1EARING: ~EQUEST FOR A CONDITIONAL USE PERMIT FOR A METAL BUILDING 84' LONG BY 60' WIDE BY GENERAL O NCIL CHURCH OF GOD 7"i DAY: Ci~-y GLI1a'r~~ ~~~ ~- ~ ~ ~c/L 15. PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR A BAKERY BY BRIGITTE STONE: MERIDIAN PLANNING & ZONING COMMISSION APRIL 8. 1997 The regular meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:00 P.M.: MEMBERS PRESENT: Keith Borup, Greg Oslund, Ron Manning, Malcolm MacCoy OTHERS PRESENT: Will Berg, John Fitzgerald, Gary Smith, Gordon Anderson, Lany Knopp, Steve Youngerman, Tim Bever, Don Palmer, Brigitte Stone, Derrick Bell, Lucille Wood, Roy Wood, Jerry Card, Carolyn Mitchell, Joan Blunk, Paule Lucke, Doris Tewksberry: Johnson: We would like to present a certificate to Greg Oslund, this is his last evening with us. Served for 17 months for the City of Meridian volunteering his time with now pay and as Mr. Sharp pointed out had some poignant comments that the rest of us were afraid to ask. MINUTES OF PREVIOUS MEETING HELD MARCH 11, 1997: Johnson: Are there any additions, corrections or deletions to the minutes as prepared. Borup: Just one minor, page 41, bottom paragraph should be 18,000 square feet rather than 1800. Johnson: Any others? If not I will entertain a motion to approve the minutes as written. Borup: I move we approve the minutes as corrected. Oslund: Second Johnson: We have a motion and a second to approve the minutes as written and corrected all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 35.23 ACRES TO R-4 BY PNE/EDMONDS CONSTRUCTION: Johnson: Any comments, discussion, any corrections on the findings of fact as prepared. Borup: Mr. Chairman, one correction, we have received a letter from Vern Alleman, referring to page 2 paragraph 5. On the amount of, the size of acreage north of the property. Mr. Alleman would like to state that he has approximately 20 acres, the minutes refer to 3 to 5 acre parcel. So I guess you add 3 to 20 acres. Meridian Planning & Zo~g Commission April 8, 1997 Page 2 Johnson: Any other corrections or comments? Is there a motion for approval as written with the con'ection then? 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 and conclusions of law as written and corrected, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund - Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Johnson: Any decision ore recommendation you wish to pass on to the City Council MacCoy: Mr. Chairman, the Planning and Zoning Commission hereby recommends that the property set forth and the application be approved by the City Council on the annexation and zoning under the conditions set forth in these findings of fact and conclusions of law including that the applicant or its successor, interests, assigns, heirs, executors, or personal representative enter into a development .agreement. If the applicant is not agreeable with these findings of fact and conclusions of law and are not agreeable with entering into a development agreement the .property should not be annexed. Borup: Second Johnson: Moved and seconded we pass the recommendation onto City Council as written, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: REQUEST FOR A PRELIMINARY PLAT FOR PACKARD SUBDIVISION N0. 2 BY PNE/EDMONDS CONSTRUCTION: Johnson: What is your pleasure regarding the preliminary plat. MacCoy: Mr. Chairman, I recommend the approval of findings of fact and contusions of law on this item. Johnson: We don't have any findings of fact on the preliminary plat. We just did the annexation and zoning, we are on item #2. Meridian Planning & Zo~g Commission • April 8, 1997 Page 3 MacCoy: Okay I see, Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions of law. Oslund: Mr. Chairman, if I could take a shot at it? That we pass on a recommendation to the City Council to approve the preliminary plat for Packard Subdivision No. 2. MacCoy: Second Johnson: It is moved and seconded to approve the preliminary plat as a recommendation to City Council, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Did you have a comment Gary? Smith: Mr. Chairman, I think there are a couple of unanswered issues still. I have written a letter to the applicant concerning a lift station in Packard No. 2. 1 haven't received anything from them as to what their proposal is for a lift station in Packard No. 2. Right now the preliminary plat, the last copy that I have shows the sewer exiting the property into the Alleman's property and 1 don't believe that is their intention. Johnson: No, that is not their intention as stated at the last meeting, that they found an alternate solution. Smith: All I have done is just have some verbal discussions with them, I don't know what their proposal is exactly. I haven't seen anything. Part of this issue too concerns a lift station in Packard No. 1 because their approval of Packard No. 2 was linked to the location of the lift station in Packard No. 1. Right now the development plans for Packard No. 1 includes the construction of a lift station in Packard No. 1 at a specific site. 1 don't know if the intent of the applicant is to move that lift station into Packard No. 2 or not. Johnson: What you are saying if you haven't gotten any answers to your (inaudible) about the lift station. Smith: I haven't received anything in the form of a plan that shows what they are going to do on the preliminary plat. The last preliminary plat that I have I think Borup: Mr. Chairman, if I remember right I think one of their concems was they did not want to design the lift station in No. 2 without assurance that it was going to be annexed. Once they were assured of the annexation that it was, then they were going to redesign. We may be premature on approving the plat. Isn't that what you were saying Gary? Smith: Yes, I think part of the findings of fact relates to that issue. Meridian Planning & Zon~g Commission • April 8, 1997 Page 4 Borup: There were a lot of comments on the lift station. Johnson: Thank you Mr. Smith, what would you like to do then? Borup: I feel we either need to withdraw the recommendation or can the City Council go ahead, it should be approved by us rather than (inaudible) Johnson: My guidance would be or suggestion would be is that whoever made that motion if they are willing to withdraw we can have a new motion. But we have made the motion and approved it so we can't pretend it doesn't exist. Oslund: This item is going to go before Council and it is going to go back through the public hearing. Johnson: That is correct Borup: But we don't have a an accurate plat. Oslund: Well there are many times that we approve a preliminary plat, well every time we approve a preliminary plat it undergoes change before it is a final. Sometime substantial change. I think staff is aware of the issue and if it could be, if Council is made aware of the issue then I don't know that we need to necessarily if we hold, if we rescind the motion and hang onto this it sounds like, the question in my mind is what are we going to do, are we going to table it again. That is our only other than rescinding the motion and making another motion with possibly (inaudible) that this plan needs to be finalized. But that Johnson: Well you have that alternative of tabling, but you have the alternative of a new motion with different conditions. Oslund: I guess what it really comes down to is does the Commission feel like they need to see the refined plan before they feel comfortable sending on a recommendation to Council. If they do then let's table it and they can fix it now that we have sent along the recommendation that they be annexed into the City. Maybe they want to way until Council settles that issue before they fix up their plan. MacCoy: I recommend that we table it then because I would like to see it. Borup: Gary, was, it is just the matter of the lift station location at this point. Was that going to necessitate a realignment of streets? Smith: Mr. Chairman, members of the Commission, it wouldn't affect the lot arrangement, it wouldn't affect the street alignment. It would in my mind affect the Meridian Planning & Zon~g Commission • April 8, 1997 Page 5 amount of property that can be developed as to where that lift station is located. That would be the only thing that it would affect. Borup: That was already their understanding, some of the northern lots would not sewer. Smith: I have drawn a line on the preliminary plat that I have indicating the most northerly lots that can be developed in my mind. If you want to attach that as a condition that the phase line be approved by staff and City Council and forward that on as a recommendation then perhaps that would be the procedure. I don't know that might be a suggestion. Borup: I think the applicant is going to need to do that. If he wants to go in and develop lots that are unbuildable and unsellable that is kind of his problem. But they are not going to do that. Smith: The other thing that he needs to decide and he may have already decided is whether or not the lift station in Packard No. 1 is going to remain where it is or if he is going to relocate that farther to the north and to construct some gravity line between Packard No. 1 and this Packard No. 2. I think that is a decision that is strictly based on money, the amount of capital outlay up front that he wants to make, the amount of land that he wants to open for development as far as sewer service is concerned. He has probably already made that decision. But there is in my mind and on my plat there is a point or a line that I have drawn indicating that is as far north that he can develop lots with this lift station that pumps into Chamberlain Estates No. 1 subdivision. Borup: I would be in support of Greg's original motion, 1 think what he said is true, the changes are not substantial. Johnson: One additional point is City Council will not look at annexation and zoning without a preliminary plat. So if you table it then it comes back to us. Oslund: If it comes back to us we wouldn't necessarily have to have a public hearing, wouldn't have a public hearing. I don't necessarily what specific issues we would be tackling. This thing, t think it is time to move it forward. There is opportunity at the next step to take care of some of these things. Johnson: Any other discussion? If not we will move on. ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 4.26 ACRES TO L-O BY A'a LLG: Johnson: Any corrections or discussions of the findings of fact as prepared by the City Attorney? Meridian Planning & Zon~g Commission • April 8, 1997 Page 6 Borup: I had one question, it was pertaining to the screening fence. The findings made reference to a masonry fence I believe and I am trying to find the page. Why don't 1 look under the conditional use, no comments on number 3. Johnson: Any other comments? We need a motion. Borup: Mr. Chairman, 1 move that the Planning and Zoning Commission of the City of Meridian hereby adopts and approve these findings of fact and conclusions of law. MacCoy: Second Johnson: Moved and seconded we approve the findings of fact and conclusions of law as prepared, roll call vote ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Johnson: Recommendation for the City Council? Borup: Mr. Chairman, I move the Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these findings of fact and conclusions of law. Including that the applicant or its successors and interests, assigns, heir, executors or personal representatives enter into a development agreement and that the property only be developed under the conditional use process. That if the applicant is not agreeable with these findings of fact and contusions of law and are not agreeable with entering into a development agreement that the property should not be annexed. MacCoy: Second Johnson: We have a motion and a second to pass the recommendation onto the City Council as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE BUILDINGS BY A'a LLC: Johnson: Any discussion regarding these findings of fact as prepared? Borup: The one comment 1 remember I think it handles it here, it says masonry fence or other suitable barrier as permitted by City staff. I have no comment. Meridian Planning & Zon~g Commission • April 8, 1997 Page 7 Johnson: Anyone else? We need a motion for approval 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: Moved and seconded for approval, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Johnson: Recommendation for the City Council Borup: 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 wnclusions 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 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. MacCoy: Second Johnson: A motion and second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF ONE HALF ACRE TO R-2 BY DAVID AND BECCI CARMACK: Johnson: Questions or comments concerning item 5? Borup: I have a couple of questions. On Page 10, item 16, pressurized irrigation needs to be installed. Is this something we are requiring for an existing property like this? Johnson: I can't answer that, it sounds like that is something that is boiler plate in there. What would be your comment on that Mr. Smith? Meridian Planning & Zon~g Commission • April 8, 1997 Page 8 Smith: Mr. Chairman I think that you are probably right, it is a standard comment. In this particular case, this is a residential lot and I believe they have flood irrigation on that property right now. Borup: Which would also tie into 15 which says it would also need to be tiled. I question whether that is also necessary. I thought these were normally statements for new construction. Then item 17, I thought we discussed this last time and maybe I was still unclear. Tha# was the matter of hooking up to City sewer. Which again is the normal requirement to do both. I believe Mr. Smith stated one of the reasons for doing both sewer and water because the sewer bill is determined by the water usage. Which would not necessarily apply in this case. Looking back (inaudible) I couldn't tell what was decided for sure. I thought it was decided that they could hook up later on when their system fails or any time prior to that if they desire. Johnson: I remember comments to that effect, Mr. Smith? Smith: Mr. Chairman I think there were comments made to that effect. I pointed out to City Attorney Crookston after the meeting that in May of 1996 and this wasn't brought up at that meeting but in May 1996 the Meridian City Council allowed this property to proceed with the water connection. twill read the motion that was made by Councilman Morrow, "Mr. Mayor I would move that we allow the hook up to the Carmack's family for a one water hook up fee and that the annexation proceed and that the sewer hook up be done as quickly as possible." So that was part of the motion that was made by Councilman Morrow to allow them to connect to water. Borup: (Inaudible) at the time that the other was agreed, that was all part of the same agreement. Johnson: The original agreement Smi«h: Yes, I am sorry that wasn't brought up in the last meeting but that was a matter of rgcord. Johnson: Any other comments? OslUnd: Is there any, I didn't see in here in the findings, was there any testimony given on hpw long that septic system that they are using now has been operating? (Inaudible) they are saying apparently testimony is saying here is that the applicant would be willing to hook up to the sewer when their system was no longer workable or usable. I am trying to get an idea of when that might be. Borup: (Inaudible) MacCoy: They didn't give any times though Meridian Planning & Zon~g Commission • Aprit 8, 1997 Page 9 Johnson: It was said as soon as possible. Smith: Mr. Chairman, I think if the applicant wants to do something different than what the motion was from the City Council they will need to petition the City Council to get that changed. Typically we have not pursued property connections to City sewer that are within the City limits just because we have lots of customers and we don't have that much extra space. But the ordinance does say that we can require the connection. Oslund: The motion by Council was that it be done as soon as possible is that right? Smith: That is correct. Oslund: That is fairly vague. Smith: Well that was May of 1996, we are approaching one year, as soon as possible 1 think they have stretched it out. Borup: I would think that would be appropriate to pass that on to City Council they are the ones that made the motion and if they want to modify it, it should be up to them. Mr. Chairman, 1 move that the Planning and Zoning Commission of City of Meridian hereby adopts and approves these findings of fact and contusions of law with the exception of paragraph 15 and 16, my motion would be to delete those two paragraphs. MacCoy: Second Johnson: Motion and a second to approve the findings of fact and contusions of law as amended by Commissioner Borup's motion, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Johnson: Any decision or recommendation? Borup: I recommend the Planning and Zoning Commission hereby recommends the property set forth in this application be approved by the City Council for annexation and zoning under the conditions set forth in these findings of fact and conclusions of law. And that if the applicant's are not agreeable with these findings of fact and conclusions of law the property should not be annexed. MacCoy: Second Johnson: Motion and a second to pass the recommendation onto City Councl as read, all those in favor? Opposed? Meridian Planning & Zon~g Commission April 8, 1997 Page 10 MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY ONE ACRE TO R-15 BY LARRY AND KAY HANSEN: Johnson: Any discussion regarding this document? MacCoy: I guess my comment is just a general comment to staff, I thought this was (inaudible) I thought staff did a good job in recording this and making some sense (inaudible). Johnson: To moves things along. MacCoy: Mr. Chairman, I recommend that the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Oslund: Second Johnson: Motion and a second to approve the findings as written and prepared, roll call vote. ROLL CALL VOTE: Borup - Oslund -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea MacCoy: Mr. Chairman, the Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning with the conditions set forth in these findings of fact and conclusions of law. Including that the applicant and their successors, interest, assigns, heirs, executors or personal representatives enter into a development agreement. That the property only be developed under the conditional use process. Upon annexation (inaudible) the development of the property shall be restricted to a minimum of 2 family dwellings, better known as duplexes at a density not to exceed 8 dwelling units per acre. If the applicant's are not agreeable with these findings of fact and contusions of law and are not agreeable with entering into the development agreement the property should not be annexed. Johnson: Motion and a second to approve the findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian Planning & Zonlfig Commission • April 8, 1997 Page 11 ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR A GENERAL COMMERCIAL USE BY HUNTER INVESTMENTS INC.: Johnson: Any comments regarding these findings of fact and conclusions as prepared by the City Attorney? Entertain a motion for approval as written. Oslund: Mr. Chairman, I move that the Planning and Zoning Commission of the City of Meridian hereby adopt and approve these findings of fact and conclusions of law. Borup: Second Johnson: Moved and seconded to approve the findings as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Johnson: Decision or recommendation to City Council? Oslund: Mr. Chairman, I move that 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 these findings or as found justified and appropriate by the City Council and that the property be required to meet the sewer and water requirements, fire and life safety- codes, the uniform fire code, parking, paving, landscaping requirements and all other ordinances of the City of Meridian. And that the conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Johnson :Motion and a second for approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A CHILDCARE FACILITY FOR 13+ CHILDREN BY RHONDA WILLIAMSON: Johnson: Motion? Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and contusions of -aw. MacCoy: Second Meridian Planning & Zo~g Commission • April 8, 1997 Page 12 Johnson: Motion and a second for approval, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code and other ordinances of the City of Meridian. The conditional use should be subject to annual review or more often if conditions warrant upon notice to the applicants by the City. MacCoy: Second Johnson: Motion and a second, all those in favor? Opposed? MOTION CARRIED: Alt Yea ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE EMISSION TESTING STATION BY JOSEPH HANSON (IDAHO AIR): Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby adopt and approve these findings. MacCoy: Second Johnson: Moved and seconded to approve the findings of fact as written, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund -Yea, MacCoy - Yea, Manning -Yea MOTION CARRIED: All Yea Oslund: I move that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit requested by the applicant for the use of the property described in the application. With the conditions set forth in these findings or as justified by the City Council and that the applicant be required to meet all ordinances of the City of Meridian. Also that the conditional use should be subject to annual review or more often if conditions warrant upon notice to the applicant by the City. Meridian Planning 8 Zo~g Commission • April 8, 1997 Page 13 MacCoy: Second Johnson: Motion and a second for approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR A PRELIMINARYlFINAL PLAT FOR TEN MILE SQUARE BY ALBERTSON'S INC.: Johnson: I will now open the public hearing and invite the applicant or the applicant's representative to address the Commission. Gordon Anderson, 3979 W. Aspen Creek Court, Meridian, was sworn by the City Attorney. Anderson: I work for WH Pacific, we represent Albertson's Inc. What we have here is a subdivision that we submitted two years ago, got a one year extension on it and. that expired March 215. Part of the reason that the extension expired was dealing with some easements on the property trying to get that drafted up between the neighbor to the west and tried to get everything together and get this finalized but time just ran out on us. But what we are asking is for approval of a two lot subdivision, lot 1 would be another commercial site lot and we previously obtained a zero lot line variance between lots 1 and 2. This site currently is built up at the new Albertson's store and there is parking on a majority of lot 2, part of lot 1. All the public utility easements and private easements are shown on the copy of the preliminary and the final. These consist of an access easement to the property to west. A private water line easement and a private sewer line easement to that parcel. Also near the southerly part of lot 2 is an easement for the Eight Mile Lateral and also an easement for the power transformer in the back of the building. There will be a strip of land dedicated to ACHD (inaudible) along Ten Mile for additional right of way. Proposed use for lot 1 is going to be a small retail building, I really don't know what the plans are. 1 think there was something submitted to the City on that. Can I answer any questions? Johnson: Any questions of the applicant's representative? Fitzgerald: Mr. Chairman I do have one question. You had mentioned there was some issues regarding easements with your neighbor to the west from Albertson's Inc. Has that all been resolved and settled? Anderson: By the time this plat is signed and recorded it will all be signed and recorded. I know that the docxaments have been written up, I don't know if all parties have signed them yet. To the best of my knowledge the previous conditions of approval stated that there would have to be easements in place. I was kind of assuming that would be the case again. But I don't know if 1 saw that on any of the City's comments. Gary did you Meridian Planning & Zonlfig Commission • April 8, 1997 Page 14 know if there were any additional comments (inaudible) to make sure that is in place, access easement (inaudible). Smith: No I don't, if the highway district didn't comment I don't know. Anderson: I didn't see their comments here, I had a review, a tech review meeting with them. They implicated that the would like to see that document recorded. Plus there will be some negotiations made on the impact fees on Ten Mile Right of Way take also. Johnson: Any other questions? Have you read the City Engineer's comments and do you have any questions on any of those? April 2nd letter. Anderson: I have a copy of that here and I see that Gary would like to see a 10 foot permanent utility easement along the right of way lines. That is a pretty typical subdivision requirement to allow a corridor for public utilities to lay their lines. Through this development we found out that the utilities didn't need that corridor plus I received some letters from the utilities that stated that they weren't interested in the easement. If that satisfies Gary I would like to remove that one comment. That wouldn't make or break the subdivision if that was still on there. It was never utilized and there wasn't an easement. I can furnish Gary a copy of those letters. Johnson: So on those comments that letter April 2"d are we talking about page 2, site specific 1, (inaudible). Anderson: Correct Johnson: Okay, any other comments or answers? Any other responses to the Engineer's letter? Anderson: The general comments on outside lighting, I just wanted to comment on that. The lighting is going to be replaced, revised, modified and I did get word today from Albertson's that they are going to be shipping, the parts, poles and lights to the site. Shipment will start on the 12"' and if the shipments arrive and everything is in place they plan on completing that work the week of the 21~ of April. That is pretty much all that have. Johnson: Thank you very much, this is a public hearing is there anyone from the public that would like to address the commission at this time. Seeing no one then I will Gose the public hearing. Oslund: Mr. Chairman, I move that we make a recommendation to the City Council that the preliminary plat be approved. Borup; Second Meridian Planning & Zo~g Commission April 8, 1997 Page 15 Johnson: We have a motion and a second to recommend approval of the preliminary plat to the City Council all those in favor? Opposed? MOTION CARRIED: All Yea Smith: Mr. Chairman, point of clarification, is that with conditions of staff with exception of the one item that Gordon talked about on the City Engineer's comments? Oslund: It doesn't appear, not explicitly. Not being one to take back my motions let's see how I can weasel out of this one. tt is going to go to Council and it is going to have another public hearing and you will be there and you can tell them your concerns and we are all set. (End of Tape) ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR DRIVE UP WINDOWS, AND 2 BUILDINGS ON THE SAME LOT BY R.T. NAHAS CO.: Johnson: I will now open the public hearing and ask the applicant or the applicant's representative to address the Commission at this time. Larry Knapp, 355 South 3rd Street, Boise, was sworn by the City Attorney. Knapp: We are submitting a conditional use on two buildings and two drive up window facilities on a lot out at Corporate Valley, Central Valley Park. The buildings are approximately 4,000 square feet each. They are retail commercial in nature. The one building the tenant in building A he has one tenant that is florist. Building B that has a drive up facility on it is a coffee drive up, fast food, coffee, espresso. That is why we are asking for the drive up window facility. Located one on each end of the building, we don't know if both of them will be used. The owner wanted the flexibility as far as lease space goes to have the option on drive up window. That is why we are requesting two of them on that one building. Johnson: Anything else or is that it? Knapp: I think that is about it. Johnson: Any questions of the applicant's representative? MacCoy: I do, how about your building elevation construction (inaudible} Knapp: It will be a combination brick and stucco. We will also have some fabric awnings that will be decorated and designed over the window areas. MacCoy: And your roof is? Meridian Planning & ZonlfSg Commission • April 8, 1997 Page 16 Knopp: It is a flat roof so it will be a build up system. We have a parapet wall that goes up there that is capped off with a metal capping. So there is no roof that you see on it. We have the parapet that goes completely around both buildings because these buildings are visible from all directions. We have got that up so it is screened and has good visibility or good design on all four sides. MacCoy: Are they being architecturally designed or is that just the contractor doing it, how are you coming up with your design? Knopp: I did the design, we did the design in my architectural firm. MacCoy: If you have attended any of our meetings here, to do with lighting, it is a real concern of ours because we don't want to end up with something which is glaring or not very nice to look at. We don't (inaudible) I worry about cars coming off and being blinded by the glare, what do you plan to do about your exterior lighting? Knopp: The parking lot and the site lighting will be your standard site lighting which is about a 20 foot pole. Some of them will be a single and some of them will be double shoe box (inaudible). So it will be a standard that is within the guidelines of Central Valley Corp. CC&R's. The building itself will have some accent lighting on it that just accent for the building itself. The awnings will have some backlit lighting on it but it is just for the awnings and for the windows itself. That is all. Johnson: Anyone else have any questions? Borup: I have a couple, apparently this lot is a re-division of a lot and a half from the original. It appears that the sewer line that there are not two sewer stubs on the property for both buildings, has that been Knopp: That has been questioned, I don't know if it has been Garified but we will have to provide separate sewers for each building. Borup: So that may need to be a new sewer stub out in the main line, if that were (inaudible) Knopp: I don't think so, I think what we can do is probably go with a separate connection and service that convenient to the lot itself, ff it is a 6 inch service that is stubbed in out there. That item we will have to address and make sure we will accommodate that. Borup: I would like to Garify that with the engineer Mr. Smith. Smith: I don't know the plumbing code requirements, once it gets to the street it is still the owners sewer service. I don't know if those are 6 inch services or not I don't recall. Meridian Planning & Zon~g Commission • April 8, 1997 Page 17 Some of them were 6 inch services into manholes. 1 can't speak to the plumbing code requirements as to whether that would be acceptable or not. Borup: Whether both buildings could Y into the same stub? Smith: Yes, I don't know. Borup: But you are aware that may be? Kropp: Yes we are Borup: The other question I had it appears you will be constructing a 5 foot sidewalk on East First, that was in the ACHD comments. Kropp: I guess they are going to make us put money in a trust on that. There is no construction at this time but they want it in a trust fund. Borup: So they decided not to do that at this point. Question that led to is there doesn't appear to be an pedestrian access from that sidewalk to the building. Someone coming from there would either need to cut across through your landscaping strip or walk clear around which I doubt is going to happen. Have you given any thought to a small pedestrian access coming from East First? Kropp: I think that this project along with the balance of the projects that are on this development and on First Street would have to address that on an individual basis when and if the sidewalk goes in. There is no sidewalk from the entrance of Central Valley Court back out. ACHD has indicated to me that they will or that the State of Idaho is looking at hanging a pedestrian walk on the overpass at some time in the near future. Which nobody is sure when that will be. So at this point in it is pretty iffy if there will even be one there. I had the same question to Larry Sale at ACHD this is the last lot that is not developed on First Street in this subdivision. Nobody else is required to trust the sidewalks or fund the sidewalks, so vue are the first and the last. They are just trying to get the money in place in case. Borup: The other question I had and ACHD comments and concern about traffic on Progress because of the street width. This is probably a minor thing but the other thing it brought to mind was a comment recently and I realize it is a whole different situation, but Fairview Avenue and a cross connection between parking lots. Saying that cross connections between parking lots can decrease the traffic out on the street that they need to turn out on. Was there any consideration of any cross connection on this project? Kropp: We went through that at the tech review meeting with ACRD, they like to address that and like to try and get that done as often as they can. They, we went Meridian Planning & Zon~g Commission • April 8, 1997 Page 18 through it and they decided that was not feasible on this project since the other properties were already developed. Borup: Was it because of the drainage there? Knopp: No, I don't think it was a drainage per say, I think it was a combination of sites already being developed, parking lot egress, ingress already established. The fact that they didn't, it didn't seem to them to impact one way or another if it was going to be, if it joined egress, ingress with the neighbors would function that way. Borup: I meant cross connection between the parking lots is what I was referring to Knopp: They didn't address cross connection at all, it was just ingress, egress. Borup: That just looked like, it looked like they were concerned about future traffic on there and really that would be more concern for the developer because his future projects in there are going to be impacted if traffic is too heavy. That may be a minor correction or a minor (inaudible). Knopp: I think what you also received was a draft copy from ACRD, they did not send out a revised copy of what v~ had discussed and what vve had agreed on at the tech meeting. There were a bunch of items on that list that ACRD put out that is not appropriate anymore. Johnson: Any other comments or questions? MacCoy: If Keith is finished, I have one other one. You have met with Shari Stiles? Knopp: Yes I have MacCoy: High visibility area and landscaping is a real key to this thing. What you have shown here is on your plan is acceptable (inaudible) plan to resubmit something? Knopp: She indicated to me that it was very acceptable with her. I had a very detailed landscape plan done by a landscape architect to accommodate the landscaping on this project. Johnson: Do you have a comment counselor? Fitzgerald: Yes, one question, in reviewing the application, there is a letter from Arthur F. Pocock, do you know who is that? Knopp: I don't know. Meridian Planning & Zo~g Commission • April 8, 1997 Page 19 Johnson: Thank you, this is a public hearing, is there anyone else that would like to talk to the Commission about this? Any further discussion? I will close the public hearing at this time. This is a conditional use permit it requires findings of fact. Oslund: Mr. Chairman, I move that we direct the City Attomey to prepare findings of fact for this application. MacCoy: Second Johnson: It is moved and seconded that we have the City Attomey prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A FULL SERVICE RESTAURANT AND BAR WITH LIQUOR LICENSE BY ROCKETS INC. (STEVE YOUNGERMAN): Johnson: At this time I will open the public hearing and ask Mr. Youngerman to address the Commission. Steve Youngerman, 5451 South Caper Place, Boise, was svuorn by the City Attomey. Youngerman: We are going to have, it is going to be a 6,000 square foot building, 230 seats, 160 in the dining room, 70 in the bar. The dining area will be non-smoking, the bar will be the smoking area. American cuisine, science fiction theme, lunch and dinner not breakfast. Johnson: Any questions of Mr. Youngerman from the Commissioners? Borup: I assume you have read all of the staff comments and no questions (inaudible) I do have a couple on the ACRD comments. One was comment E talking about the irrigation ditch. They were concerned about it being on the right of way. Youngerman: It has all been settled. Borup: Okay because it looked to me like (inaudible) Youngerman: There was a question between where Gem Street is supposed to be. That has all been settled and there has been an agreement signed between the developer and ACHD. We are going to and if you notice there were comments from Nampa Meridian Irrigation District. Right now the developer is entering into an agreement with them to the the ditch in the fall when there is no water in it. That is what the plat shows, but if you read the comments the comments of the irrigation district it almost acts like they haven't heard about it. Meridian Planning & Zor~g Commission • April 8, 1997 Page 20 Borup: I assume that ACRD is probably correct with some of their other comments like constructing a new entry drive way, I believe that is already there. Youngemtan: Yes, a lot of this stuff was kind of regurgitated from when they did the original for the whole development. Borup: I have nothing else. Johnson: Anyone else? Thank you Steve, this is a public hearing is there anyone from the public that would like to come before the Commission on this application? Seeing no one then I will Gose the public hearing at this time. Oslund: Mr. Chairman, I will suggest that we have the City attorney prepare findings of fact on this conditional use permit. Borup: Second Johnson: It has been moved and seconded that we have the City attorney prepare findings of fact and contusions of law on item #12, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR PROFESSIONAL OFFICE/SERVICE BUSINESS/BARBER SHOP BY BIG BEAVER PROPERTIES LLC.: Johnson: I will now open this public hearing and ask the applicant to come fonnrard or the applicant's representative. Tim Bever, 6754 Cochran Drive, Meridian, was sworn by the City Attorney. Bever: I guess my comment is I don't know why 1 am here. 1 went to Ada County Highway they didn't know why I was there. Bear with me for a minute, we have an existing building that it falls in Old Town Meridian. We have owned it for about a year and a half, we went to see if we needed a building permit to paint it and put a newloof and they said no go ahead it is general upkeep. We received a note from planning and zoning that it was being rezoned. It is about 70°k full of tenants that half of them were there when we bought it. The rezoning process is why we are here. We are apparently in old town as it has been explained to us. Every time the property is zoned it has to be rezoned. I spoke with the City Attomey on that and let me know about that. We paid our $500 to come here and the problem with what we are having is that I have heard the word boiler plate over here. We are going through the process as we should, I am not sure again clear on this whole thing. But we recently got a letter from Ada County Highway and they speak about us like we are a new property. We are to pave the alley Meridian Planning & Zo~g Commission • April 8, 1997 Page 21 and to replace all of the curbing on the north side of the property. Now the alley we couldn't get 3 bids because nobody would come out fast enough. So we had one bid for about $1700 to pave this small piece of alley. Ada County Highway said we will just do the curb and send you the bill, a novel idea. Then what happens is we get a letter from Nampa Meridian Irrigation who presumes this is going to be a new structure. It goes on to talk about how we need to go through a process with them and has some vague terms. But then it talks about you have to go through the process and send them a check for $650. Well we called the Ada County Highway because we wanted to have them clarify why we are going through this process and they said we would have to give them $110. We are a little, t think there is a problem with old town in that some of the things that we have kind of become aware of with this kind of zoning, and I know this probably isn't a venue for rezoning, but if the building is to be sold it needs to be vacant there is exposure to the seller on the leases that exist if the planning and zoning is suspended while the building is sold. So this puts a precarious legal position for the owner. Bank financing is absolutely at risk, we financed this with US Bank and they were totally unaware of this and they did a search and we thought we did a good search but obviously not enough. The value of the building is directly affected when this situation occurs. The zoning is unstable as we see it if indeed the information that we have gleaned from our conversations with the City Attorney, Shari and Dean is correct. The cash basis of a property like this is sold a lot times (inaudible) versus the real property value of it. This is kind of what our experience is, we would sure like to be here in Meridian, but it is sure expensive. Johnson: Well I have to remind you that you are not at ACRD and you are not with the Meridian Irrigation District you are here at the City of Meridian if you let me finish. One of the things required in Old Town is that you get a conditional use permit for the use of the building. You have ignored the use of the building, as a matter of fact, one of your tenants came to the City several months ago and asked about conditional use permit and we said yes you need to go through that process. He did not do that he opened up his business. That is why you are here. Bever: 1 was not aware this had something to do with a tenant, I can honestly say that. I guess Planning and Zoning is going to do what they are going to do. But the ripple effect from this in that no other agency has a form or a process that seems to deal with this in that it starts with the City of Meridian and 1 know it is not the City of Meridian's fault. But there is an avalanche affect that is occurring here that I don't know if anything is being served. But now I understand why I am here. Johnson: Did you have any more to add? Bever: No, we will try to comply, a lot of the compliance that was requested on here were there are not enough parking spots for the square footage of the building. Well it is a 28 year old building, it has been there. Again the irrigation ditch has been 28 years (inaudible) water in it. Some of the requirements in here are again boiler plate that do not work against this particular property because you will never get 10 spots per square Meridian Planning & Zo~g Commission • April 8, 1997 Page 22 footage as it recommends and some of the other portions of it. We just don't know where do we go from here, how much of this is directly related to the property. I can't create parking spots, it is an old building and an old part of town. This is some of the parts of it, we want to be good citizens in Meridian we just want to open it up. Things started and it took off and grew it own head, incredible. We also have to do a study for Central District health on how much sewage has been going down that we have been getting a bill for 28 years. I have tried to talk to them and they say no we need it broken down as to how many fixtures (inaudible) we are going through it. That is where we are, that is my comment. Johnson: Any question from the Commissioners? Borup: Mr. Commissioners, I have some of the same questions the applicant did on some of these requirements. Specifically the irrigation district, I didn't see why there was any involvement there. Johnson: It doesn't look like they are familiar with the building at all. Borup: That is what I felt was the situation there. ACHD's comments apparently, well the only one I had there was paving the alley and I wasn't sure why, is that alley in use, are you making any use of it? Bever: Well we don't use it, we don't encourage parking there or anything. It is there and we don't park in it. The curbing on the side on the north side was also addressed. Borup: That doesn't sound that unnecessarily unreasonable on the curbing. I think Johnson: There is no specific use with that alley for that building, everybody uses that alley but the people that use it the most or need to use it are the people that pick up trash. They come in there and there is a dumpster in that area next to the adjacent building. Borup: We haven't been requiring paving Johnson: No, but it is not an uncommon request from ACHD. We don't require it, 1 don't know of any alleys we have paved except those that we have converted to a form of parking such as down the way at Cottage Expressions on the comer of Carlton and East First, there is some paving that went in there. Borup: So the applicant can work something out with ACHD, Meridian has got (inaudible) Johnson: That alley is not specifically for this building and they are not using it for anything, I am well aware of that. Meridian Planning & Zo~g Commission • April 8, 1997 Page 23 Bever: I guess the only thing that could help us is we have tried to communicate with them but if they get a gesture or some kind of note, can I have a note and say this is a 30 year old building they (inaudible) came from you Borup: You are understanding ACRD as holding firm they want the alley paved? Bever: Well yes, they came, my wife went to the meeting, the Commission said why are you here and then the recommendation came up and she left and came back and we kind of did our homework on it and we just don't understand why. (Inaudible) but then again one agency it is like Mr. Johnson said this is Planning and Zoning, that is irrigation and (Inaudible). Borup: That is true Bever: The avalanche starts up here Oslund: We have run into this before, we have run, we had a couple that wanted to convert a florist just a few blocks down to a coffee shop. That was about two months ago and they had the same requirement. As I recall we probably, well I think we waived or blew some of them off. If this were a preliminary plat, ACHD would have a lot of leverage because they have to sign off on all plats as well as the City but it is not a plat it is a conditional use. I don't know why we can't just do what we want here. I don't' see where, I don't see that they have any position, maybe I am wrong maybe they do. Borup: Does ACHD have any authority (inaudible) Fitzgerald: What these are, are recommendations from these various entities or agencies. In determining what conditions if any are going to be put on a conditional use permit the Commission can recommend that ACHD's recommendations all, some are included and made a part of the conditional use permit. Oslund: I think the sidewalk is totally acceptable, 'rf you have some damaged sidewalk, curb and gutter then that should be fixed. The alley I don't know, if the whole alley is going to remain gravel except for, and they want you to pave your little piece and Borup: I agree that does not seem appropriate and maybe I was going to say earlier, you had mentioned, it is not the zoning that is changing. The zoning has always been the same, I think what changes is usage of the building and that is where the conditional use permit comes in each time a different business comes in then it needs to be approved for that business. Bever: I have been enlightened on that, so the zoning if it is commercial whatever, my lender had a question that she wanted me to ask you is this zoning and (inaudible) all of the time. If it is like commercial for paper businesses like insurance companies, stock Meridian Planning & Zon1Rg Commission • April 8, 1997 Page 24 brokers that kind of thing then when it is sold does that whole thing go up in the air and we are back in here again. Borup: It can be if it was approved under conditional use. A lot of subdivisions or plats are approved and anything on it is by conditional use. So if the business use changes Bever: But is a change from an insurance company to a finance company a change. Oslund: Well there is a difference between a change in zoning and a change in use. You haven't changed zoning you have changed use apparently. Johnson: The reason for the old town zoning is it is kind of in its (inaudible). There is a special zoning in town which is called Old Town which is Carlton to Broadway I believe. It could be beyond that. The reason for that is the zoning laws all came in after that was already developed. So the other people (inaudible) we want a special zone so that we will have an opportunity in the future to make some changes on some property that we think is poorly used, not aesthetically pleasing and is a detriment to the City. So they take this opportunity in this special zoning that when ownership changes they can impose new standards such as landscaping. This is one of things that this is about the only time the City has any authority to do anything otherwise it is grandfathered in. So when the ownership of the building changes those grandfather rights go out the window. That is when we get an opportunity to dress up our city and that is why the zoning is there. Bever: I can certainly understand that, the lender's natural uncomfortableness with this is the zoning in play can they kill this piece of property. Because you sell a property based on Johnson: I wouldn't think it would kill it, I would think it would improve it Oslund: It can't kill the deal, you are talking about plant 2 trees and (inaudible) personally where I am sitting I would say forget the parking in fact in my opinion old town should have a different parking ordinance. There are many cases where it can't be achieved. But in terms of fixing your sidewalk and the curb and gutter that should be a requirement. Bever: We understand that, I guess and I am not articulating myself. When you sell a rental property or a thing you can sell it two ways. The real estate value or the revenue generating value. What the banker wanted to know was how does this play into that, if it is lawyers and accountants, you can always have lawyers and accountants that is not a problem. You can sell it with lawyers and accountants that is fine, (Inaudible) but all of the sudden a new process, new Council how does that affect (inaudible). Johnson: Well if definitely has an effect and it is probably the last thing the realtor is going to tell you and it is probably the last thing that the lending institute is interested. Meridian Planning & ZonlrSg Commission April 8, 1997 Page 25 But in the overall scope of trying to over time improve the looks of the City this is an opportunity and the only opportunity we get in these older zoning districts to make an improvement and it might be a tree or two here or some restriction on signage. Those sort of things otherwise we don't have the hammer to go out and make you do it. That is the restriction in the limited powers of government. We just can't go in to something that has been there for 20 years and say we don't like the looks of your building Gean it up. We don't have that power, we would like to have that power because everybody here has their own personal eye sores in the City but we can't do a lot about them until we get an opportunity like this where it changes hand and the (inaudible). Bever: Are the properties outside of old town held under the same process, I think she wanted me to ask that. Is it just this area that has this specific set of rules for it. Borup: No, anything that is improved with the conditional use. Johnson: Everything in Old Town is a conditional use and that is probably what you don't understand. There are a lot of properties outside of old town zoning that are not conditional use. It is zoned light industrial we are not too concerned about the occupancy as long as it fits the eligible list for that zoning. But in old town we get a shot at any change of ownership regardless of the use. The use may be identical and for example there is some judgement area there that if the use is identical in certain areas of the city it doesn't require going through this process because we have a zoning administrator that can make a judgement decision saying hey nothing has changed here. That is a judgement call. Borup: Comment number 6 from Shari Stiles again I guess we covered this maybe enough that was on parking. Did you Bever: Well there is no parking Borup: Right and I drive past that place all of the time and 1 wondered how that ever, but her comment was that she felt it would be appropriate to approve that as long as it is not a heavy retail restaurant type use in there. Does that seem logical to you? Bever: To leave the on street parking alone, is that what that meant? Borup: No, just everything as is. Bever: That is fine Borup: But I think she is saying that a restaurant or something that would have heavy retail then there would definitely be a parking problem. Bever: Exactly, we are encouraging these kinds of businesses low traffic businesses, that is what we are looking for. Meridian Planning & Zon~g Commission • April 8, 1997 Page 26 Borup: (Inaudible) Bever: That is the kind of businesses that we are attracted to, low traffic, non-retail types. MacCoy: Just to continue on this old town thing, on the plus side in our codes I am sure that you are probably well aware of (inaudible). We had a project that came through here about nine months ago and they wanted to take one of the old homes in old town and they argued their point. We said no you had to bring it up. So what happened is we got into it, we found out there was gross problem with the electrical. They vrould have probably very easily burned their house down plus their neighbors house. So it gives us a chance to go in and clean up that part too which is taking care of our total neighbofiood when we do that type of thing. So it is a protection situation as well. Bever: I fully understand it, it was the other agencies that have surprised us. MacCoy: I have gone by this property, I was really, I saw this thing came up on the list I was quite curious how you were going to handle the off site or any parking for example because of the problems you have there. So I can see the discussion coming. Now you I am sure have had a chance to sit down with Bruce and Shari on staff comments on this thing? Bever: Well we have talked to Dean and Shari and some of them again are boiler plate that she just inaudible). MacCoy: I am going to mention a couple of items here that maybe might be looked at as boiler plate but are there for a definite reason we put them in to cover you and us both. That is to do with the outside lighting and we don't want you to end up lighting the neighborhood up when you set up your shop there because the first thing you are going to have is the neighbors are going to be very unhappy with you with that. So we would ask that you be very careful of your glare of the lighting that you put in. That way (inaudible). On signs, same idea, vre want (inaudible) this group here we have had our problems with signs (inaudible). So I just precaution you that when you do your sign work, work with the staff here on that. Question to you to do with the American's with disabilities Act which is part of the code and you are in a business where you are going to have street traffic on some of it. How do you plan to handle for example the barber shop and so on if you have somebody with a wheel chair? Bever: There are ramps on (inaudible) and the door widths are correct. Even some of them that we did under the Federal guidelines so we feel we are in compliance. The ramps are all (inaudible). MacCoy: (Inaudible) you probably talked about the screen trash enGosure. Meridian Planning & Zon1Rg Commission • April 8, 1997 Page 27 Bever: (Inaudible) MacCoy: Shari, when she talked to you, talk about landscaping or make any changes there? Bever: No, the City when they did their sidewalks pretty much did it, it is all concrete and the trees are in there. We (inaudible) two little flower boxes that are going to have flowers in them. MacCoy: I saw your drawing here that said flower boxes on them and I was wondering if there was anything else you were planning on putting in them or if that was the only thing you had to put in them. Bever: That is the only dirt that is left out there is the planter boxes. There is a little strip of grass along the side we just want to (inaudible). Johnson: Does anyone else have any questions? Borup: A couple, you made mention of a service, you have a barber shop and I think a builders office, what is the service business? Bever: Well the builders just have their office there, and we have the barber shop. We have a finance not a finance company but a stock or brokerage firm looking at it. Then we have another one with (inaudible). Borup: So right now it is just the two? Bever: Just the two that are occupied. Then there is Rita who has the topography studio on the comer and she has been there for 8 years. So she is (inaudible) real low traffic (inaudible) but the are all non-retail. Borup: You made comment ACRD wanted some other studies done. The information in our packet says they approve Bever: That was Central District Health Borup: That is what I meant Bever: (Inaudible) Borup: The deal in our packet says they approved it, there are no comments in here that they wanted anything else. Bever: I didn't understand the form (inaudible) Meridian Planning & Zonlfig Commission • April 8, 1997 Page 28 Borup: Unless there is something that we are missing I don't think there is anything that you have to worry about there. I would be in favor of eliminating the alley paving requirement and have you take a look the curb and gutter could be a safety aspect. I was going to go by and look at that but I didn't. Bever: Well the Ada County Highway said they will just do it. Oslund: Delete the parking too. Borup: (Inaudible) shall be provided in accordance (inaudible) Johnson: Anybody else? Well thank you, we appreciate the money you have expended improving the building, it looks much better. I have known that building since it was built and it is much more attractive than it was. This is a public hearing, anyone else that would like to come before the Commission on this? Seeing no one then I will close the public hearing at this time. Oslund: Mr. Chairman, I move that we have the City Attorney prepare findings of fact on this conditional use permit. MacCoy: Second Johnson: Moved and seconded that we have the City Attorney prepare findings of fact on item #13, all those in favor? Opposed? MOTION CARRIED: All Yea SEVEN MINUTE BREAK ITEM #14: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A METAL BUILDING 84' LONG BY 60' WIDE BY GENERAL COUNCIL CHURCH OF GOD 7'" DAY: Johnson: I will now open the public hearing and ask the applicant's representative to approach the podium and address the Commission. Don Palmer, 575 East Hubbard Road, Kuna, was sworn by the City Attorney. Johnson: Do you want to elaborate a little bit more on what you are going to do. We have read the application, I think all of us and understand you want to convert to a permanent structure more or less from a temporary one. So if you could tell us what you are going to do. Palmer: We have been holding church camp meetings here in Meridian in the city limits since about 54 and different places throughout the City as we had property. We have Meridian Planning & Zon~g Commission • April 8, 1997 Page 29 been leasing tents for this weekly function that we do and it is getting to the point where it is costing us about $2500 a year just to lease a tent. We can purchase a building that is this size here which is 84' long and 60' wide for the same price of what it would take us ten years of leasing a tent to buy a tent for the size we need wilt cost more than the building which seems very odd to me but to get a tent that is larger than what we had been using they are very expensive. What we would like to do is to be able to put up a permanent shelter to take the place of the tent so we don't have to have that expense of putting it up and taking it down. The only usage that it would be used for, the only things that would be in it would be electricity: Five years ago we put amulti-purpose building that takes care of the amount of people that we do have in every year as far as rest rooms and things like this here. So the main thing this building is doing is just taking the place of a tent. It will be structure that will not be completely enclosed so that it will still have an open effect that the people like as far as church camp is concerned. The parking that we have will be the same that we have had the last 18 years. We won't be making any changes there other than just (inaudible). Johnson: I am having trouble visualizing the structure, do you have anything, like a schematic or something with canvas sides. I am assuming those are removable or how does that work? Palmer: Basically 1 gave the schematics and all of that to, I turned all of that into them. what it is, is a long type building, more like a hay shed affect like our multi-purpose building (End of Tape) will have a permanent back and will come down to the ground and then 20 feet out from there. Then the rest of the sides will be partially down 7 feet, the rest of it will be canvas so that they can open it up and let the air and stuff in. That way when we are through the canvas sides will be taken off and put away. Johnson: Is this a building, we have a schematic here but that is not good enough for me because I can't visualize what it is going to look like. Is this a package you buy, is this specifically designed for this? Palmer: Yes Johnson: So these people have brochures or anything? Palmer: Yes, I gave those to Daunt when I (inaudible). Johnson: But it didn't come in with your application or anything and you don't have them here tonight. Palmer: No I do not, they just gave us so many for what we had. It is basically a steel building, the sides are steel, the roof is steel and the supporting arch beams they are steel. Manning: Like a Quonset but only with open panels in it? Meridian Planning & Zo~g Commission • April 8, 1997 Page 30 Palmer: Yes, instead of being a Quonset but just visualize a long building with a pitched roof on it. I gave most of my stuff to Daunt on that because he only shot us a few brochures. I didn't have any to bring. Borup: Is this an arched roof or (inaudible) with a pitched roof? Palmer: It is a roof that is just like a roof on a house. It is a straight line roof like this. Borup: How tall would the ceiling level be? Palmer: The ceiling level will be about 18 feet at the top I believe it is and the Borup: Bottom of the truss, it does have, is the truss flat along the bottom or (inaudible) Palmer: Explain that so I understand where you are going? Borup: Welt you have an arched truss like that, does it have a cord along the bottom also? Palmer: No Borup: 1 am just trying to picture how high this is. One of the questions I had rf this is al under, if this grass is all under the roof how well is the grass going to grow if it is down very low. Palmer: It is going to be 14 foot sides. Borup: Okay, that is what I was wondering (Inaudible) Borup: Except for the one back and then about 20 feet down the sides so that it will allow the sound to come back in and not to bother anybody anywhere else. MacCoy: I was going to ask (inaudible) structural drawings here. Nobody draws things like this unless you have a structural engineer because he has his (inaudible) somebody on your staff or somebody (inaudible). It is very much detailed. Palmer: The drawing is done by the company that and by their engineers and then they had it also looked at by engineers with the Idaho stamped to be able to do it for the wind stress and all of these things. Then for the footing we went over to the architect over at Nampa Stan Olson and he had on the footings had them engineered by a local engineer for us so that everything is structurally sound and will meet all of the codes that Idaho Meridian Planning & Zo~g Commission • April 8, 1997 Page 31 and the City of Meridian look at. I asked Daunt about it and he said he didn't see a problem with the structural affect of it. MacCoy: No there is not and that is the reason I was going to ask because when you are doing an open air system like this what appears to be an open air system you have other loads to take care of (inaudible) when you have people inside. Now you mentioned your roof is steel, is that painted blue? Palmer: White, off white so it won't have a high pitch glare. MacCoy: (Inaudible) You say they (inaudible) so actually they just hang off the roof. Palmer: The steel will come down seven feet on the sides and then it will be 8 feet of canvas. MacCoy: To the ground? Palmer: Yes MacCoy: (Inaudible) Palmer: As far as the engineering the company that wee bought it from we made them go through and engineer it for Idaho and they could do everything, but for the concrete bumpers that go down and the pillars that go down into the ground to hold it. Because they don't know our soil and whatever we had that done by an engineer through Stan Olson. MacCoy: (Inaudible) Palmer: I have been in building off and off for a lot of years too and construction. We are trying to comply with all of the codes on that. MacCoy: A couple o#just general questions here, what about your lighting? Palmer: Inside? MacCoy: Inside and outside both. Palmer: Okay, the inside we will take and use just general fluorescent lighting because it is a soft light, it is not one that is real glaring. The only thing that will be inside the building will be lights and a sound system. MacCoy: The sound system since you are only going to use it once a year (inaudible) take that away. Meridian Planning & Zo~g Commission • April 8, 1997 Page 32 Palmer: Yes, just like we do in the tents. MacCoy: Of course that brings up a couple of items. You plan to take your lights out at the end of the year around the time period. Palmer: No they are up inside so that there won't be any weather that can get to them. MacCoy: Are you going to have an emergency circuit set up inside there. (Inaudible) lights go out you don't want panic out there. Palmer: Usually services are done about nine in the evening so we have got an hour or more of light as far as that goes. MacCoy: You say your (inaudible) in your existing building (Inaudible). Palmer: No, what we have set up there is for a crowd of up to about 1000 and the most we usually have is 400 at a time. We have a lot of facilities that we have never been able to fulfill. MacCoy: Alright, coming up from your parking lot to your tent (inaudible) what kind of path are you going to have for that. What we are actually looking for is how are you going to take care of people with canes and wheelchairs and that type of thing? Palmer: They drive right up to the tent. We have several that are in wheelchairs and where it is going to be we have a drive and they drive right up per near to it and then there is a lawn and then they drive right up to us so they can get out right there. We have a number of people who are in wheelchairs and these are things we have worked with for a long time. MacCoy: Good, you have that taken care of. Anything you have to add to that? Johnson: Any other questions? Thank you very much, this is a public hearing, is anyone else here to address the Commission on this application? If not then I will Gose the public hearing at this time, it is a conditional use it will require findings of fact. Manning: I move we request findings of fact on this matter. Oslund: Second Johnson: We have a motion by Commissioner Manning, a second by departing Commissioner Oslund to have findings of fact and conclusions of law prepared on the application for General Council Church of God 7"' Day, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian Planning & Zo~g Commission • April 8, 1997 Page 33 Johnson: Are you familiar with what we did? Well earlier in the evening when I am sure you were here we were going through findings of fact, they are these legal documents that really addresses the application in accordance with our zoning and ordinances and comments and testimony received. There is not much in your specific case. The City Attorney will prepare those at our next scheduled meeting which is May 13"' we will review those and as soon as those are prepared you are welcome to get a copy of those and review them. From that stage on they go to the city Council as soon as they can be put on their agenda the City Council will review those as well and that would be the near final step in getting your approval. ITEM #15: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR A BAKERY BY BRIGITTE 570NE: Johnson: We are in receipt, I will open the public hearing first and make a comment that we are in receipt of some recent letters to the Commission inGuding a petition that was submitted this evening. I don't have the lady's name that submitted the petition, we have given the applicant a copy but 1 would like someone to talk to us before we are through with the public hearing on the petition since there aren't any addresses given of the people who signed it. So I want to make sure that these people live in the adjacent area, close and not in Lewiston. At this time I will ask the applicant to come forward and address the Commission, Brigitte Stone or a representative. Brigitte Stone, 626 McGlinchey Avenue, Meridian, was sworn by the City Attorney. Derrick Bell, 1445 West Carlton, Meridian, was sworn by the City Attorney. Johnson: Well we have your application Brigitte if you would just elaborate somewhat on that and then we will ask you questions. Stone: Basically what I really want to elaborate is what I am proposing is a commissary bakery not a full fledge shop where people come to and buy from me. I have contracts with, throughout the different coffee shops here in Meridian and also in Nampa. Basically what we propose is a commissary bakery where I am the only individual basically baking. I have contract individuals, two at the most that make the deliveries to the certain points. That is basically, you cannot tell from the outside it is a bakery unless you walk in the inside. Because the structure that we proposed was basically so if I ever decided to resale my home somebody can make it into supposedly a Jacuzzi or a third bonus room at that time. We have been approved by the Central District Health Department with the proposal that we gave them. Right now we have been working out of Parrots and Dippin Dots for a temporary home until we could come to some resolve because when vve applied for this the permits in the beginning there was some misunderstanding and the building permits were basically revoked and then it became a real big issue. We have letters from customers that we conduct very professional business. There is basically, it is just a commissary, I am the only one that works there at night. We have had a lot of traffic coming and going because I have teen moving my Meridian Planning & Zo~g Commission April 8, 1997 Page 34 stuff over to Parrots in the fast 2 to 3 weeks to comply with Central District Health has asked us to do. Johnson: Anything else? Did you have any comments at this time or did you want to reserve those? Bell: I would just like to make a few, I think that, it appears to me that a lot of the complaints in response to this application are due to some misunderstandings or misrepresentation as to the scope and nature of this project. It is clearly an activity that is incidental to the residence in the home. It is baking pastries, she does do some catering with lunches and some dinners and that is less than 5% of her business. The vast majority of what she does is pastries that are delivered to the shops and to various businesses around town as she says. Like she says from the outside this is not going to detract from the neighborhood character in any way as far as property values go. You can't do anything (inaudible} and maintaining the residential nature of the dwelling. As far as traffic goes, the traffic that will be generated on this is far less than what would be generated at the day care center in the neighborhood, there are several of them in the area. There is basically the two girls that come in the morning (inaudible) so that she can keep track of that. The traffic is really been, it is not a retail outlet where people (inaudible) there will be no signs, no exterior lighting and nothing that really deviates from the residential nature in this entire project. Johnson: Thank you, any questions from the Commissioners to the applicant and the applicant's representative? MacCoy: Let's carry on what you say here, you say there will be no signage and no outside lighting. The actual operation (inaudible) have anything to do with fumes or noise? Bell: There will be no noises that aren't typically generated in the house (inaudible) baking bread and muffins and cookies and things are things that are going to happen in the neighborhood anyway (inaudible). Other than that no there is no, she is not doing doughnuts or anything like that so there is not a large amount of grease or even really much need for that type of ventilation system. MacCoy: 1 understand from a real estate person some years ago that the smell of baking break actually helps out your neighborhood. Johnson: When you talk, I need to have you put it up next to you. That mic is fairly sensitive but we have to type these minutes and sometimes we miss it when you are not Gose to the mic. MacCoy: This, I will call it a menu in here I don't know what else you call it, it is .part of our package we were given. I don't know if this is true or not the wrong use or wrong slant because it mentions dinner 2, dinner 3, and so on like you will be bringing people Meridian Planning & Zoritfig Commission April 8, 1997 Page 35 in and setting down to eat and you say which dinner do you want and then you serve them up. We have some small (inaudible) that do that very thing so I think right away there is a an association between what people see and what they (inaudible). Bell: I believe that is correct, she does have different selections on there. Most of that is for her catering where she caters special events for businesses, lunches or meetings. Evening events, she did a customer promotion thing for I think it was Sundance Dodge here a while back. Which was items off of that menu, that is why that menu is there. It is distributed around because, through her pastry route because they go to businesses that do that type of functions. She also does the odd wedding here and there kind of thing. MacCoy: I think you see where I am getting at here where I think it may have caused your problem for you. Bell: Right I believe so. Oslund: I want to voice an objection that staff included this menu because I haven't eaten since this morning and (inaudible) MacCoy: Of course one of the things that (inaudible) you have already mentioned the fact you won't have any foot traffic other than your own. So you don't have the need to take care of the disabled or to take care of several things here, just going down through my list here. Oslund: I have a question, I guess what is the plan in the long run. You have a great looking menu if you cook as v~ll as you make this sound I would imagine that you are going to be you are going to continue to be more successful and businesses sometimes are hard to keep from growing. I guess I know we are going to hear from atl of these folks, where is it going to go. Even if somebody were to approve it if Council were to approve it now where are you going with it. How are you going to keep it contained I guess? Stone: I don't want to get too big that is number one basically. I left my job for a hobby, this is a hobby to me and a dream. I enjoy cooking which not very many people like to do. Basically we plan to stay very limited because I don't want to branch out because the cost of branching out is totally tremendous and the overhead can become too overwhelming that you end up basically putting yourself completely down in the ground. Right now where we stand granted we can't give you a guarantee that we are nat going to grow but if we do come to that point then I would have to look at a different location of course. Oslund: What does your neighborhood look tike? How old are the houses, how many are there, are there any other businesses in the neighborhood? Meridian Planning & Zo~g Commission • April 8, 1997 Page 36 Stone: There are two day cares, there is one at the opposite end of McGlinchey that has roughly about 14 children and then there is another day care at the other end. of Crestmont which is two blocks up which is the Candyland. There is a TA Financial company on the corner of Crestmont and Lawndale and there is Chips Auto Window repair and there are two other firms down on Kenmire that run financial accounting services out of their homes. Bell: If I might add, we have looked at various other possibilities. We looked at the H & r Block building and considering building a lunch counter bakery in that building there. That turned out to be too expensive for where the business is right now. The reason, a lot of the reason for building this addition to fit in with the house and add to the value of the house as a residence was primarily because down the road we are planning on moving out of it into something that is a lot more representative and appropriate for the business volume that does develop down the road. There has been a tremendous demand out there for this particular service. It is like there is a vacuum out there and people are calling all of the time. If the girls don't show up they are wanting to know where they are. At this point this is a fledgling type of business it is just trying to get off its feet. She started out in her kitchen for several months operated out of there and was inspected by Central District Health several times and passed all of those inspections. Ata some point they changed a lot of the regulations I don't know if it was because of the deal in Nampa or what but the First of February they changed a lot of the regulations and came in and said that they required a lot more square footage. So that is where the plan came to move to do the addition onto the to get the extra square footage that Central District Health said that she needed for the volume. Stone: In the proposed plan that you have in front of you has been approved by Christy at the Central District Health Department as a commissary bakery and nothing else. Johnson: That is kind of an odd situation it is kind of like a catch 22, what they are looking for and what we are looking for are two different thing: By statute you can't prepare for resale in your home kitchen and that is why you are building the addition. Under the accessory use application you can't change the appearance of your home, you can't build onto it in order to accommodate an accessory use. It is supposed to be the home used with a percent of that residence and not have any outside traffic. So it is kind of an we are in kind of a quandary here because the application is for an accessory use. We intend to discount Central District Health's comments because of that because they are looking for something different than we are in this case. Our primary concern in this case is the neighborhood and the residential character of the neighborhood and the neighbors concerns. In that regard have you had any meetings with your neighbors at all? Stone: Yes, when this became an issue t addressed it, I addressed all of the neighbors within the adjacent area. Johnson: How did you do that, just physically how did you do that? Meridian Planning & Zorn'ng Commission • April 8, 1997 Page 37 Stone: I physically went over and talked to each one of them. Basically I got really no comment except that I got one negative comment and the other ones were if the other residents agreed with it then I will agree with it. The third one was we will just have to see what happens. I got not definite negatives as I have gotten in the last couple of weeks with the activity that has been going on. Nobody made any complaints, I think if City Hall will check Dean was going to check to see, nobody had any complaints since I started doing this until I arose the issue and that was basically building the addition onto my home. I have been in since August and then I started to do this addition per Christy's approval and that is when it became a big issue. Like I said there is a lot of miscommunication 1 think, one like Mr. MacCoy pointed out the menu. Granted advertisement, we are just a commissary. I have Paul from Parrots here that can testify we do not have incoming traffic. They are in a very small area and if we had tremendous amount of traffic it would be clogging up their business and other business that are located on Linder Road. I don't know, like I said I don't know where it got blown out of proportion a little bit. But it is just a plain commissary, I am the only one that works in it at night. Yes my hours are nighttime, I am not going to deny that, but I worked for Hewlett Packard for five years as an engineer and my hours were night. So I have always been a night job person and yes my house comes and goes and I have a noisy door. Starting a car can be noisy to some neighbors, I won't deny that. But I have 5 brothers also to be real honest also and they come and go too. I have a lot of family in my family and my mother drops off a two year old at 6:00 in the morning and she is my niece. So when it comes to more traffic of my business, I have less amount of traffic with my business than I do with my family members and my family. Johnson: We don't have any laws governing your family. Stone: Well sometimes when you judge the outside of a book you don't know what is inside the cover. Johnson: I want to follow up on a couple of your comments here. Twice you said t am the only one working at night. Are there, does that mean there are people working other than at night? Stone: I have a brother that works for Hewlett Packard that leaves at night too but nobody that works inside of what I am doing. I am the only one that is cooking, and Paul can verify that from Parrots. Johnson: Your application also says two people only working at all times. Is that the same two people or different people? Stone: The delivery, the girls contracted to deliver the food products. Most of the time I deliver the ones early in the morning so that there is less traffic. The girls come about 8:00 because that is when the delivery starts and they are back and done by 1:00 at the latest. Meridian Planning & Zon• Commission • April 8, 1997 Page 38 Johnson: How many trips, the people that are working for you how many trips do they make a day to your home. Stone: Two trips, one to come there and one to return. They don't come back, they don't come in between unless they are done making all of the deliveries. Johnson: And you say they so that is more than one? Stone: No, me or them, because we deliver to the coffee houses like in Nampa, I load up and I deliver to three coffee houses. Bell: There are the two contract delivery people that is the two people that I think you are referring to. Johnson: Well I am not referring to them it is on the application. I just wanted a clarification of who they were. Bell: That is who that is. Johnson: The letters that vve have from people in the area, and that is also difficult for me to say for sure because I don't have addresses on this whole list of people but I assume they are in the area. One of them has written a letter of her own stating that she has noticed an increase in traffic, so I assume she has had some familiarity with your family coming and going. And additional cars parked around the home other than normal, is that not because of the business or is that because of the business? Stone: Are you referring to letter that I just received? Johnson: I refer to that, that has 18 signatures on it, but I am also referring to the letter we received dated April 4 from Carolyn Mitchell who is also on the list of people who signed the petition. She lives at 702 McGlinchey. So she is very close I would assume to your residence. Stone:. She is three houses from my house. Johnson: I want a comment on the increased traffic is what I want, other than what you have told us because she sees it differently obviously. Stone: The only traffic that I have to do with the business is one other vehicle besides mine. I have a Chevy Blazer and the other vehicle is a Subaru, those are the only two vehicles that are involved with the business. Yes I can tell you this is a daily traffic household. My mother comes at 6, she drives an Oldsmobile, I have a brother that drives a Nissan, I drive the Chevy. I have a girlfriend that drives a Suzuki, I have family members I have brothers that drive trucks. Other than an every day to day basis the Meridian Planning & Zceing Commission • April $, 1997 Page 39 only business wise for business purpose is those two vehicles. Other than that they are friends or family that does come over. Bell: The amount of traffic that they have noticed recently can't be from the business because the business has been operating out of Parrots and the delivery girls have been picking up down there. All of the business is going on down at Parrots and is not being conducted in the home. So any increase in traffic recently is not business related. It is either other people in the neighborhood or friends coming and going on personal VISItS. Oslund: How long have you been at Parrots? Stone: Three weeks, I don't even have delivery service for my products, raw products. I don't have trucks coming to my home, I do not have vendors coming to my home. Igo and get my supplies. 1 meet the truck driver at Jackson's here in Meridian and I load my supplies in the back of my Blazer. If I have conducted some business, the other day Inland Coca-Cola came to my home to give me a case price on different types of cases for pops when I am doing a big catering for like Sundance dodge or the other types of companies that I do. But there has not been any excessive traffic other than the two vehicles. Bell: WE also have some letters of support too that we just got this evening and didn't have a chance to make copies of. Johnson: If you would like to introduce those into the record you may do so. Those are identified by address I hope? Bell: We have one other neighbor here that supports the project. Johnson: Continuing on here, we have received a letter from an individual that says that I believe three times the police have been called due to excess noise, can you comment on that? Stone: If the police have come to my house on excessive noise there should be a police report on hand and there is no police report whatsoever on hand. (inaudible) Stone: Directly no, 2 '/z years ago 1 had a situation that involved private custody of my children and a situation that has nothing to do with the business. But we did have the police over there for personal reasons. The dog catcher came to my home once to wam me about, we have a dog that barks. Sometime his excessiveness can be overdrawn, I do try to watch him going in and out. Sometimes he does get out, he is a dog. But the police have not been to my home for any noise control or anything whatsoever in the last two years. Meridian Planning & 2o~g Commission • April 8, 1997 Page 40 Johnson: Thank you, there is another letter here that I noted a statement in that I wanted to ask you about and that is an assumption on the part of the writer here. The copy isn't real good but it looks like the last name is Blunk. It states that you plan a walk in catering company there that would mean that people and cars, and I am paraphrasing here, would arrive at anytime. Your comments regarding that comment? Bell: That is a total assumption made out of the blue, there is no basis for it whatsoever. Johnson: To be more direct is that something you do or don't plan to do there? Bell: That is not something I plan to do there at all. It is not a retail establishment for walk in traffic. Johnson: Any other comments from any other commissioners? Borup: You have been running your business since August? You say you have contracts with the cafes, about how many? Stone: Right now we are standing with three confirmed contracts with additional 2 more. Borup: So they are going from 8:00 in the morning until 1:00 three people to go to 3 places? Stone: Basically for the coffee shops yss we have other businesses that call us up that we deliver the different pastries to. I don't know if you are familiar with the cencept of like the Cookie Lady. Borup: That is what I was wondering (inaudible) you menu has the variety of over 50 items. So most of them don't have standing orders on specific items (inaudible) what is in the basket at the time. I was wondering if you bake all 50 items every night. Stone: Just about sometimes. Borup: You did state at this time that you are doing 100% of the baking yourself. Stone: Yes I am doing 100% of the baking by myself. Borup: Then you must have some commercial equipment in your house, this is equipment you have been moving to Parrots. Stone: We have a commercial stove that 1 bought in the beginning. There are two types of commercial stoves, the commercial stone one is an inline commercial stone which is what you see in the big commercial retail bakeries. The other ones are air central convection ovens. An air central convection oven is considered a commercial stone Meridian Planning & Zon• Commission April 8, 1997 Page 41 through the Central District Health Department. That is what I have, it looks like your ordinary stove in your house, it just has a fan that circulates the heat consistently. Borup: I assume you have reviewed all of the staff comments, have you any comments on any of those, not only staff but the other departments like specifically the sewer department? Bell: There again, I think the assumption is that this is going, this is a lot broader scope project than what it is where you are going to have things like doughnuts and frying in oil vats. Where there is a lot of grease expelled into the sewer and stuff. The actual extra load on the sewer and water wouldn't amount I don't think more than 10 gallons a day. There is very little actually from a bakery standpoint just washing pans and doing the occasional chlorine bleach wipe down of the kitchen and that kind of thing. There is really not any need for a grease trap. Borup: (Inaudible) if it is determined, there may or may not be that much item (inaudible). Stone: We use no frying and most bakeries fry, we are pastry, we are like turnovers and things like that, strudel. Borup: It sounds like you do have a big variety and your (inaudible) but it definitely is a commercial business isn't it? Bell: Well yes it is a commercial enterprise, it is a business she has been operating out of her home. You do, any kind of business you do you do need to generate commerce. Oslund: On that note and something I brought up earlier about the what the potential is and everything. Unlike a real innocuous kind of accessory use like you want to do accounting out of your home you could do 10 times more accounting and the affect in the neighborhood is not 10 times worse. There has to be some concern about potential of this business. Once you go through the City and if you were to get an approval if things expand the City really has not a lot of control without using some serious police powers. So I just wanted to make that comment. Fitzgerald: A couple of questions, in terms of the schematic what is the square footage of the house? Stone: 1420 inGuding my garage. Fitzgerald: Do you know what the square footage is exclusive of your garage? Stone: I believe it is 13501 am not sure. Fitzgerald: And the area for this home occupation or use what is the size of that? Meridian Planning & Zo~g Commission • April 8, 1997 Page 42 Bell: It is a 14 by 30 addition. It is a 3 bedroom, 1 bath house. My guess that her living area is around 1100 square feet (inaudible). Fitzgerald: In terms of the two contract delivery persons that you spoke of tonight they are limited solely to delivery of product? Stone: Yes sir Fitzgerald: Are they members of your family? Stone: No Fitzgerald: They don't reside there at the house? Stone: No Fitzgerald: You have described the oven or the stone as a convection, could you describe the refrigerator? Stone: The refrigerator hasn't been purchased yet because we are using Parrots' right now. But it is an NSF approved vacuum sealed refrigeration through the health department. Fitzgerald: How large is it? Stone: (Inaudible) single door, I can get you the measurements but I don't know the measurements exactly. (End of Tape) Fitrgerald: In the application in response to question H, which reads will off street parking requirements be located in required front yard and the answer is yes. Could you explain that? Bell: We don't have a copy of the application here, but the only parking out front is in her driveway in front of her garage. That is the only off street parking that she has and that is I guess in the front yard. Fitrgerald: In terms of the parking is that just used by the people that the contract delivery persons? Stone: Yes Fitzgerald: And they just come pick up the product and leave? Meridian Planning & Zon- Commission • April 8, 1997 Page 43 Stone: Yes they do Johnson: Anyone else from the Commission? Thank you very much we will give you an opportunity to rebut if you want to after the testimony from the rest of the public. This is a public hearing would anyone else like to address the Commission at this time? Lucille Wood, 634 McGlinchey, Meridian was sworn by the City Attorney. Roy Wood, 634 McGlinchey, Meridian was sworn by the City Attorney. Wood: Brigitte's house is right up against our house and she says there is no noise but there is. There is a lot of noise and she says there are no cars parked out front. There isn't now since she knew this was coming up, but they have parked in front of our trailer and we have had to ask every time we wanted out to get out and sometimes they are not very nice about it. Johnson: Let me ask you a couple of things and then you can go oh. What kind of noise, would you describe the noise, I want to catch these things as we go, so I don't have to recall here. Wood: She has three dogs and every time somebody comes they bark Roy Wood: They bark half the night. Johnson: Not being facetious but the dogs don't have anything to do with the business, it is the people that are coming and they bark. You mentioned something about they, when you ask them to move parking in front of your trailer. Who are they, who comes out and moves their car, do you know who the people are? Wood: No I don't, the are people that go over to her house to her home. We suppose it is their workers. This has been, that has been our home out there for 20 some years. We want to keep it as residential we don't want a business out there. We bought this home for retirement. Roy Wood: I am a World War II veteran and I bought that, I am just about 85 years old and I want to get my trailer out I want to get it out I don't want a lot of sass. Wood: We would like to see it kept residential. She says that she doesn't have any deliveries but I have seen delivery trucks come in there and unload. Johnson: What kind of delivery trucks, do you notice any signs on any of the vehicles or anything? Wood: No, I can't tell you that Meridian Planning & Zoning Commission • April 8, 1997 Page 44 Johnson: Did you hand me this, was this you? Wood: Yes Johnson: Could you tell me how these signatures were collected since t don't have addresses again maybe tell me where the people live? Wood: They live right around us on McGlinchey and on the comer of Crestmont, they are just right around us. Johnson: I asked the applicant if they had any contact with the neighbors, did they contact you about the business at all? Wood: No they didn't, Brigitte didn't, she said she did but she didn't. She sent somebody over there, but we didn't know who they were, but she didn't. She went to all of the rest of the neighbors but she didn't us. Johnson: Do you have anything else to add other than what was in your petition? How about you sir? Thank you very much? Any questions from the Commission here? Fitrgerald: Chairman Johnson, for the record could you identify the document that you are talking about? Johnson: Yes, I am talking about a petition that is dated April 1, to April 7. 1997 addressed to the Planning and Zoning Commission signed by 18 people with respect to the application. Jerry Card, 712 McGlinchey, Meridian was swum by the City Attorney. Card: First thing that I would like to say is that I have not been contacted about this at all. Brigitte Stone did not come to my house, I did not know she had a bakery in her house at all until about a .week ago when I was contacted by Mrs. Wood. She was telling me about what was going on, that was the first time I knew anything about it. Johnson: How many doors are you away just roughly? Card: I live three houses away, three houses to the west. Their house is on the corner of McGlinchey and Crestmont and I am the fourth house on the right hand side of McGlinchey. Johnson: Thank you Card: The other thing that I would like to ask is, is there zoning for this type of business in this residential neighborhood? Meridian Planning & Zornng Commission April 8, 1997 Page 45 Johnson: There is no present zoning because it is zoned residential. It has a residential zoning. We do on occasion permit the operation of businesses for lack of a better term businesses in a residential neighborhood with extenuating circumstances. With basically tacit approval of the neighborhood. But it is under our ordinance that they can make application for this and they have done so under what we call accessory use. Accessory use is a legal term and the conditions to meet that are spelled out in our ordinance which we can give you a copy of. Not all things fall under that, for example day care centers do not fall under accessory use. Most of the time it is a business for lack of a better example maybe somebody that ties flies in their basement and mails them out to a catalog or something. Non-disruptive businesses, so I don't know if that answers your question. We would be glad to show you the definition a full definition of accessory use if you want to contact the City. Card: That will be fine, I don't believe I have any other comments. Johnson: Thank you Mr. Card, anyone else like to come forward? Carolyn Mitchell, 702 McGlinchey, Meridian was sworn by the City Attorney. Mitchell: I guess the only thing that I vwuld like to say is I can also state that with Brigitte saying she only has one dog is not true, she has three dogs and believe me they do bark. The other thing is that like I stated in my letter I bought this house because I know the immediate area was mostly made up of retired people. There are several houses in the immediate area that do have children. I myself have a child. The Meridian Middle School is probably within 3 blocks walking distance. I bought the home because of the quiet neighborhood, I like quiet neighborhoods, 1 would like it to remain that way. It is a residential area, it is not commercial and that is the way I would like to keep it a nice quiet, peaceful, safe residential area. Johnson: Thank you Carolyn, any questions of Ms. Mitchell? Lucille Groff, 2012 Crestmont, Meridian, was sworn by the City Attorney. Groff: We had to move into town almost nine years ago and we moved in there a little while before she moved into her home. I have never had any objections to this at all except that I said to begin with 'rf there would be too much traffic it wouldn't be good. Because there are quite a few children around there. She said there wouldn't be and there hasn't been all that much. It hasn't upset me whatsoever. 1 think a person should be able to do in your own home what you want to do. I wouldn't want somebody coming and telling me what I can and can't do I am 76. I just never objected to it at all, I didn't see any objections. t was raised in a big City, Minneapolis, Minnesota so things didn't bother me all that much I guess. Meridian Planning & Zoning Commission April 8, 1997 Page 46 Johnson: Thank you very much, any questions? Anyone else that v~rould like to testify at this time? Joan Blunk, 2002 Crestmont Drive, Meridian, was sworn by the City Attorney. Blunk: 1 guess it was about a month ago Brigitte had called me concerning this bakery that she was going to put in. We talked and 1 was at that time very honest with her that I was opposed of it for the fact that the 8 to 10 months before that we had noticed an awful lot of traffic coming and going from there. It didn't matter whether it was 6 in the morning or 10 o'clock at night or 2 in the moming. Cars came they slam doors, they get out in the winter months, they start their cars up and let the motors run for 10 minutes or whatever until they get ready to come out. 1 was awake until 2 one morning waiting for this vehiGe to leave. Every car, every person, every cat, every dog that goes by her dogs bark at. We have had quite a few people in concern with the pets as far as the sanitation of it. She has cats in her home and the dogs out around her home. The health department informed me that anybody that worked for her had to live within the home. These people do not live within her home. She told me that it would not be any more traffic than the 8 to 10 people that were picking up supplies and delivering for her. It would be her and one other lady baking at all times. Your notice of hearing even says that there would be two working people at all times. I am sure that this is her intention. I don't see how one person can service, she told me 200 customers. 1 find this really hard to believe because one of the customers that she said was the meals on wheels and I work for meals on wheels and we do not buy from her. The noise is the problem, the parking being right across from her. If they had the opening on the Crestmont side I am sure the cars would be parking on Crestmont Drive. I don't approve of that because of our mail service for one and my daughter and I have late hours sometimes and we need our early moming sleep which we won't be having because there will be all these cars coming. It is just a combination of things, on the petition that you received, out of 20 homes, 18 homes were against it, 2 were indecisive. The homes were basically McGlinchey, a couple of Lawndale, Crestmont Drive and the subdivision culdesac that is directly behind her home. Out of all of those 20 homes 18 are against it. So 1 know some of them couldn't come tonight to give their opinion so that is why the petition was signed in hopes that you would realize that there is a lot of concern and for the amount of money that she is investing it just seems silly to do that with business expanding and she said it herself in the future she may move on. I think that it might be a good idea for her to do that now before she invests all of the money. Keep the neighbors happy and keep everything on a safe pattern. Johnson: Any questions? Thank you very much, anyone else? Paul Luchi, 8649 Austin, Boise, was sworn by the City Attorney. Luchi: I just basically wanted to, Brigitte leases from me right now and she has two people pick up and deliver for her. Since she has been working in there I have seen her probably 4 or 5 nights and she is by herself baking. I can't imagine noise, I don't live in Meridian Planning & Zon• Commission • April 8, 1997 Page 47 the neighborhood, I am just basically from what I have noticed out of our commissary. There is from what she is doing in the commissary there is no noise, there are only two people that pick up and deliver. Borup: She has been there the last 3 weeks, has that worked out fairly well as far as space and room? Luchi: We haven't had any problems. Borup: I guess what I was leading to, is there, is it feasible that can continue on in the same relationship on a permanent basis? Luchi: From my point of view I don't see why not, my company is also (inaudible) which space is going to be an issue at some point and I don't know to what extent her needs are eventually down the road. Borup: But at the present time there is (inaudible) Luchi: For the time being, we just personally started, I started a new business that has grown quite rapidly. We have discussed it before, but we are just pinching space but we are making ado because she needs to make it happen. Borup: Parrots is your business? Luchi: Parrots as well as a company called Dippin Dots. Borup: Thank you Johnson: Is there anyone else that would like to come forward? Doris Tewksbury, 627 McGlinchey, Meridian was sworn by the City Attorney. Tewksbury: 1 wrote in my letter that I felt like it sets a precedent for other businesses to try and by homes and other people to try to start businesses and buying homes in this residential area. I felt that it could lower the resale value of our home if there were businesses scattered in and around. Those are my only comments. Johnson: Thank you, any questions? Anyone else? Mitchell: The two points I wanted to also add was number one Brigitte Stone never came to me and asked my opinion or talked to me about what she was going to do. The second point is that the parking that I have noticed on my street there since I am only two doors away is approximately 5 to 6 cars parked on the street close to her house. Plus up to four cars in her driveway. That is all. Meridian Planning & Zoning Commission • April 8, 1997 Page 48 Johnson: Thank you Borup: What time has that been is that 10 cars? I just wonder what time of day these ten cars were there? Mitchell: Anywhere between 12 noon because I have popped home at noon once in awhile, I work in Boise and I will dash home real quick to get something and there will be several cars parked out there. Then I am coming home at about 5:15 and that is when the majority of the cars were parked. Borup: Okay, I was by there at 10:30 and that is quite a bit different than what I saw. Mitchell: There are children coming and going from school. Johnson: Any additional comments? If not I will ask the applicant if they have any comments to make on the comments that were made? Stone: Number one Mrs. Mitchell was not noted because when I had seized the information on who I needed to notify they told me within the adjacent part, area. She does not fall in that area that I was told by Mr. Ehlert when he was helping me figure out which areas do in this surrounding area. Neither was Mr. Card, those are the only two reasons why I did not approach him. I don't have my contact with my neighbors I will be the first one to admit I am not Miss Friendly person. Basically people are judging the outside cover of a book instead of seeing the outside. There are cars that come and go, ten cars no. I have been at the commissary for the last three weeks. I can have testimony from Paul to verify that I don't even come home sometimes until two or three. In the evening time at the most there are maybe two cars, three cars including my own. That is Derrick Bell, my brothers and mine. Yes we have had to park outside because right now sitting in my garage is some equipment that we have purchased through auctions to comply with the Central District Health Department like a three bay sink. A three bay sink is quite large to try to get two vehicles in. I am like I said renting from Parrots right now, it is a temporary home. The reason 1 am having to pick my home to do this is because I am not branched out so far that I am making a real sizable profit. I am just a small person enjoying a hobby that I like to do. If it becomes something that grows into something then yes we wrould look at moving down the road. I don't want to upset my neighbors, I don't want to offend anybody and basically, yes my house has traffic. I have teenage daughters, they have their friends over. 1 can't help where the property lines go in my house. My bathroom windows faces Mr. and Mrs. Woods, I have an air conditioning unit that is right there. I apologize that if the air conditioning is running or something else in that matter. We have a small area in our bathroom that has a moisture problem so the window does stay a little bit open. There are a total of four people that actually live in my home, my brother, myself and my two children. Yes I have my other brothers that come over, my mother that comes over and spends a lot of time with me and then Dercick Bell that spends some time with me. I have three dogs, I have one noisy dog, yes, I try to control him, but I can honestly say those dogs are in at Meridian Planning & Zon• Commission • April 8, 1997 Page 49 night. Sometimes he does get out to go to the bathroom I can't help a dog barking. I have an open end area, I have a corner lot. We try, I am to the point when I drive to my home in the middle of the night to get something or to come home and take some medication that I need to take 1 turn off my headlights so I don't shine into anybody's thing. I have never been approached by Mr. and Mrs. Wood whatsoever to move any of my vehicles. As far as I am concerned and - know nobody in my family has every been approached by them to move because we are blocking their RV. I am not a hard person to talk to, if my neighbors have a problem all they would have to do is knock on my door and I would be happy to comply. Bell: I have been going over there off and off for the last 8 months or 9 months since Brigitte and I have been dating we are now engaged. So she is my finance and hopefully life partner. In all of that time that I have been there I have never seen more than about 4 cars there at one time and that was when she had family over for dinner. She does that quite often her mother will come over at night at 5:30 or 6:00 for an evening meal because her mother lives with her granddaughter and it is just easier for Brigitte to cook for her and so she does. Then on one occasion on a Sunday on a holiday when she had her family over for dinner there was a number of vehicles then there was probably 6 or 7. As far as trying to get along with the neighborhood Brigitte is a very industrious type person she works hours that would kill most of us. I have seen her go weeks like 22 hours a day. I know how she does it but she does it and 1 wouldn't believe it if I hadn't seen it myself. She is very industrious, she is very ambitious and a very kind hearted individual and she does try to get a long but she does have a short fuse. I have seen that happen a time or two. As far as trying to be a good neighbor I have never seen a vehicle parked in front of the Wood's driveway. However, het being a good neighbor even goes so far as not complaining about the tvw foot encroachment that Mr. Woods has on her property. Two foot of that driveway is actually on Ms. Stone's property. She hasn't complained about that, she continues to let them use that which to me indicates that she is trying to be a good neighbor and get along with her neighbors. The dogs, every time that I have been over the dogs are always brought in at 10 o'Gock at night or in the house. So they don't bark in the house they do bark when they are outside in the yard. Listening to everything that I have heard here tonight it almost sounds like people are living in different neighborhoods. As far as Mr. Woods being contacted Ms. Stone didn't contact him because I and a friend of our Everett Shutty are the ones that went over and contacted them. We contacted them before we turned in the application for the accessory use permit. We talked to them and they voiced their concerns about the parking issue and the noise that they heard I guess coming through the bathroom window I don't know. I haven't heard that much noise in the house myself, I know that a couple of years ago from what I have been told there has been some problems with her previous marriage and the situation that was going on at that time. Everything that I have observed since has been a peaceful quiet type of home to be in. Very comfortable and very enjoyable to be there and that is why I stay there. Most of these, one final comment, most of these comments were complaints about the activities that are going on there irrelevant to the business. They are family activities that are going on and will continue to go on whether or not the business is there or not. So it is Meridian Planning & Zoning Commission • April 8, 1997 Page 50 not the business that is doing that, it is normal family activity in a residence. The fact that she has a lot of family visiting and stuff really has nothing to do with this application that I can see. Oslund: I have one, I am going to have this party with a bunch of my friends and I want to know how many I can invite. So if I call you up and tell you that how many dinners can you put together for me? Stone: Depending on how many people you give me. If you say you are going to have ten people then we can plan on a catering for ten people up to 20 or up to 30. Oslund: What is the biggest number of people, I have a lot of friends. Stone: The biggest number that I have catered to is Hewlett Packard, I worked for them but I still catered it, it was 440 people and I did it by myself. Oslund: How long does that take? Stone: It took me 3'/z days and we served a lasagna dinner. Oslund: (inaudible) Stone: I do put in long hours, I don't require a lot of sleep, that is very unusual for people 1 am one that just doesn't require it. If I get 2 hours that is great. I am just one of those people I don't know how to explain it. Johnson: Anyone else have any questions? Borup: I think the point was made that a lot of the complaints really had nothing to do with the business. It might have been a lot easier if you didn't have all the dogs it sounds like. Really what my question was if you really have looked into the financial feasibility of whether it might be more feasible to rent a space rather than the expense of the addition onto your home. Stone: Yes I have for the last three months I have looked from here, I have looked at properties to lease and everybody is above and beyond the budget that I can afford with just myself. Even just myself doing it, to be real honest with you we are only paying Parrots $500 a month and most of that they are having an opening house that we are working out in trade too. So it is not something, $2000 is a lot of money for us right now to even handle for the ~mmercial zoning. There is a house right next to Cottage Expressions the Red Door Company. We looked at that and we were hoping that we could do it from there and we couldn't afford it. Meridian Planning & Zoning Commission • April 8, 1997 Page 51 Borup: I was thinking of something even along the line of a joint think like with Parrots a building that is already set up with the plumbing and electrical and not have to do a major renovation. Stone: That is true Paul and Carla are business partners right now and it is like he said it is not causing a problem right now but Dippin Dots just opened one week ago and I don't know if anybody is familiar with them but they are the ice cream of the future. What they thought was going to happen s-owly happened overnight. That is right now I couldn't comply anymore if they have to bring I more freezers to comply with that area with the Central District Health Department because there is not going to be enough space for freezers down the road. Right now they are standing with 9 freezers. Johnson: Any last comments? Does anybody have anything new to add? Any further comments from the Commissioners before I close the public hearing? Borup: I have some comments I don't know if it has be before or after the public hearing closes. Johnson: I will close the public hearing at this time. Borup: Just some comments before we move on. I am not sure what t have decided here tonight. I am very sympathetic to the free enterprise person having their own business I think that is a big part of this country. I think I have some concerns on the commercial nature of the business in a residential area. Whether it can be completely compatible or not. Again I am not sure how (inaudible) I do have some maybe technical thing on I am not sure if I understand the definition of Accessory Use as in our zoning ordinance. While this maybe is more along the line of a home occupation, I am assuming that is something the findings will help us spell out too. I don't know what all (inaudible) Johnson: Does anyone else have any comment? Oslund: In that same vein I think the applicant brought up early on the fact that there are, I think she said there are two properties in the vicinity that are day cares and we would not allow a day care under an accessory use. I guess it calls into question in my mind whether she shouldn't be here for something else. She definitely pushing the limits in my mind of an accessory use. Johnson: Anybody else? Well I will kind of explain to you as Commissioners what our charge is here. Because it is a little different than on an annexation and zoning or conditional use. We are required to having findings of fact prepared. We were required to have this hearing because there was opposition to the application. If there had been no opposition to the application we could have made a decision without a hearing. When the findings of fact are prepared then the charges are to either grant or deny the application. This is not an application that we pass the buck on and send to the Gity Meridian Planning & Zoning Commission April 8, 1997 Page 52 Council for a decision. So this is our decision, we need to take this seriously. There is an appeal process in the event that the accessory use is turned down, it is a 30 day window for an appeal to the City Council, not to us but to the City Council. If they don't appeal it then the decision is final at that time. So I wanted to kind of stnacture that for you before someone made a motion to have the findings of fact and conclusions of law prepared. Manning: Mr. Chairman, I make a motion that this matter be referred for findings of fact and conclusions of law. Oslund: Second Johnson Moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law on the application for Brigitte Stone, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Any further motions for this evening? Oslund: I make the motion that we adjourn the meeting. Manning: Second Johnson: We have a motion and a second to adjourn the meeting, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:10 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVE jt//~-'J 5 L~ I P JIM JO NSO ,CHAIRMAN ATTEST: WILLIAM G. BERG, JR., CITY CLERK BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION PACIFIC NORTHWEST ELECTRIC (P.N.E.)/EDMONDS' CONSTRUCTION APPLICATION FOR ANNEXATION AND ZONING A PORTION OF THE NORTHWEST 1/4, SECTION 5 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on March 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Pat Tealey, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for March 11, 1997, the first publication of which was fifteen ( 15 ) days prior to said hearing; that the matter was duly considered at the March 11, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included in the application for annexation and zoning is described in the application, and by this reference FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. P.N.E./EDMONDS' CONSTRUCTION ~~ is incorporated herein as if set forth in full. The property is approximately 35.23 acres in size. 3 The property is presently zoned by Ada County as RT, Rural Transitional, and is vacant land. The Applicant requests the property be zoned (R-4), Low Density Residential District. The Applicant has requested the annexation and this zoning, and the application is not at the request of the City of Meridian. 4. The property is of agricultural use with two single family dwellings and outbuildings. The Applicant intends to develop a single-family residential subdivision known as Packard Subdivision No. 2. 5. The property is north of Fairview Avenue and west of Eagle Road, and borders existing subdivision developments, Chamberlain Estates, Chateau Meadows, Kearney Place and Carol's Subdivision. There exist a few small agricultural parcels ranging in size from three to five acres to the north and to the east of the property. 6. This application has been the subject of previous public hearings the first of which was on June 22, 1995. In addition, written comment of the public was received and made a part of the record of the previous public hearings on this application. The written comment of the public submitted and made part of the record of the previous public hearings previously held on this application include the following: (a) A letter dated June 20, 1995 from W. R. Johnson and Virginia L. Johnson, which letter is incorporated herein as if set forth in full; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. P.N.E./EDMONDS' CONSTRUCTION ~~ (b) A letter dated June 21, 1995 from residents of Wingate Lane, Meridian, Idaho, which letter is incorporated herein as if set forth in full; (c) An undated letter from Vern Alleman received by the City of Meridian on June 22, 1995, which letter is incorporated herein as if set forth; and (d) A letter dated November 12, 1995 from residents of Wingate Lane, Meridian, Idaho, which letter is incorporated herein as if set forth in full. 7. The Applicant's representative, Pat Tealey, testified substantially as follows at the March 11, 1997 public hearing on this application. The Applicant requests annexation and zoning of the property in conjunction with approval of a preliminary plat with a development agreement for the development of the property as a residential subdivision. The development agreement will bind the Applicant to certain items, which include fencing of the subdivision, pressurized irrigation, and sewer and water services. Although these foregoing items are not all the items to be addressed by the development agreement, the development agreement will assure the neighbors in the area that the Applicant will develop the property in a responsible manner. 8. The Applicant's representative, Pat Tealey, further testified substantially as follows at the March 11, 1997 public hearing on this application. All of the utilities are available to the property, to-wit: water, electricity, gas, telephone, cable and other utilities. The road system of Packard Subdivision No. 1 joins the road system of the proposed development of this property, which permits the connection of the sewer to the south slough extension which is planned by the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. P.N.E./EDMONDS' CONSTRUCTION 9. The Applicant had a neighborhood meeting on March 10, 1997 at which quite a few neighbors attended. There were discussions concerning the problems which had been voiced previously about the proposed development and some of the misconceptions which have been portrayed in the past. 10. The roadway system has been an issue and an expressed concern. Since the time the application was submitted, Dove Meadows Subdivision has been completed, which permits the connection of the proposed development to a public road system to the south. This access will be further enhanced by the development of Packard Subdivision No. 1, which will bring the public road system to the property's south boundary. Chamberlain Estates has also been improved, which provides a connection to the public road system to the west. 11. The Applicant has proposed buffering from adjacent subdivisions with larger lots. The R-4 zone imposes a minimum lot size of 8,000 square feet. Over 50$ of the lots of the proposed development are approximately 10,000 square feet. Approximately 488 of the lots are between 10,000 and 8,000 square feet in size with 8,000 square feet being the minimum size. 12. After Packard Subdivision No. 1 was approved, the Applicant had an opportunity to purchase the Borup property which consists of 22 acres. The Applicant perceived the Borup property as a natural progression of Paekard Subdivision No. 1, and the natural progression of development in the area. Thereafter, the Applicant had the opportunity to purchase the Srown property, which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. P.N.E./EDMONDS' CONSTRUCTION provided a solution to providing sewer service to the property. The Applicant will eliminate the lift station which is part of Packard Subdivision No. 1 and design the sewer for gravity flow along the South Slough. 13. Another issue has been the use of Wingate Lane, which was a prime point of discussion at the March 10, 1997 neighborhood meeting. The Applicant has assured the neighbors that the road system of the proposed development of the property will not provide access to Wingate Lane. The road system of the proposed development will have two gates across the public road system, which will provide pedestrian and bicycle access. The two gates will also provide emergency access through break away bollards, which are specifically designed for such emergency access to either side of the area. 14. There has also been questions about irrigation. The Applicant will provide pressurized irrigation to each lot of the proposed development. The Applicant has entered into an agreement with the Nampa & Meridian Irrigation District who will own the system. The Applicant is presently constructing a pressurized irrigation system in Packard Subdivision No. 1 which will accommodate the Dove Meadows Subdivision, Wingate Subdivision, Packard Subdivision No. 1 and the proposed Packard Subdivision No. 2. At the cost of $85,000.00, the Applicant will provide the piping system, the pumps and the pump house. The system will be turned over to the Nampa & Meridian Irrigation District who will own and operate it. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. P.N.E./EDMONDS' CONSTRUCTION ! ~ 15. In response to questions from Commissioner Borup, the Applicant's representative, Pat Tealey, responded affirmatively that the solutions to the issue concerning access to the Wingate Lane and the sewer service to the property were respectively based upon the recommendations of Ada County Highway District and of the City of Meridian's City Engineer. 16. The residents of Wingate Lane submitted a letter dated March 8, 1997 concerning this application, and the concerns and issues of such residents. This letter is incorporated herein as if set forth in full. 17. There was testimony at the hearing objecting to the application which was principally as follows: a. Dale Sharp testified substantially as follows. Mr. Sharp referred to the letter dated March 8, 1997 submitted by the residents of Wingate Lane and expressed the desire to have the Applicant address in writing the issues stated in the letter. Mr. Sharp questioned the sale of parts of the property, and whether the split of such parts of the property were legal. Mr. Sharp further testified that most of the lots which front his property are smaller lots. He believes the minimum lot size for the R-4 District is 8,000 square feet. The lots which border Carol Subdivision are larger lots, and he believes the lots which border his property should also be larger lots. He stated that the Applicant has indicated that increasing the lot size is difficult to do, but he does not think it would be difficult. The residents along Wingate Lane have been in the area for a long time; he believes longer than Carol Subdivision was developed. He objects to this proposed subdivision development on the property. It will unduly impact the educational system, impact traffic, the crime rate will increase, and their services will be impacted. b. Vern Alleman testified substantially as follows. At the present time, irrigation water for his property comes through the property. He understands the City requires the tiling of the ditches through the property. He is concerned about the time period in which the ditches FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. P.N.E./EDMONDS' CONSTRUCTION through the property will be tiled. He desires that the ditches be tiled during the period of October 15th and March 15th; the irrigation off-season so as not to interfere with his crops. He is also concerned about the location of the irrigation ditches across the property, the size and grade of the pipe used to the the ditches through the property and the placement of manholes. He requests that the location of or easement for the ditches through the property be recorded to avoid future problems and conflicts. He added as a matter of information that there is no agreement to allow the sewer to cross his property. In response to a question of Commissioner Borup, Mr. Alleman stated that the ditch crossing the property is the users' private ditch for delivery of irrigation water from the canal of Nampa & Meridian Irrigation District. After the water passes the delivery point from the Nampa & Meridian Irrigation District's canal or the head gate, the delivery of the irrigation water becomes the problem of the users. The head gate is located east of the south part of Wingate Lane. In response to Commissioner Borup's clarification concerning an agreement for the sewer to cross Mr. Alleman's property, Mr. Alleman stated that it was fine that the Applicant had developed plans for the sewer so it would not have to cross his property. c. Albert Dauven testified substantially as follows. He shares the concerns expressed by Vern Alleman concerning the delivery of irrigation water. The irrigation water to his property comes further east than Mr. Alleman's water. His irrigation water comes from almost that portion of the property which was the Borup property. Nampa & Meridian Irrigation District has said that it can do nothing for the users to assure the delivery of the water through the ditches. The issue for the delivery of the water needs to be decided from the start of the process, since no agency governs the issue. One can ask the farmers along Ustick Road about the impact caused by contractors, and they would state that they have been inconvenienced by the contractors. So for protection, the issue of the delivery of water needs to be addressed. In response to questions of Commissioner Borup, Mr Dauven stated that he wanted in writing that the irrigation water will be delivered to the farmers in the area, that the Applicant is not going to destroy the ditches across the property and replace six months later. Mr. Dauven is speaking to the interruption of the flow of water during the irrigation season. With regard to access to Wingate Lane, he does not want children from the property entering the area where animals are pastured. He lives on the south slough and the animals FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. P.N.E./EDMONDS' CONSTRUCTION create an attraction for kids. He has chased from his pastures kids from the Carol Subdivision probably three times a week. The animals are unpredictable. He does not want foot or bicycle traffic. They already have enough traffic, including persons riding motorcycles and snowmobiles in this area. People dump their trash, grass clippings and rocks over the bordering fence. He wants to be protected from these things, through the construction of a berm between the subdivision development on the property and Wingate Lane with a fence on top of the berm. Mr. Dauven further stated that if it is decided to put a road through on Wingate Lane, then maybe there should be an area or dead zone from the center line for no development to anticipate this roadway. He is not against the subdivision development, but he wants to see the development completed correctly. d. Don Bryan testified substantially as follows. He is a property owner on Locust Grove whom has been affected and impacted by a multitude of subdivisions in the area between Locust Grove, Fairview and Eagle Road. He has had a history of fighting water problems and the way developers develop. Some of the problems into which he has faced have managed to work out, both the pros and the cons of these developments. Because of the problems he has faced in the past, he desires to have addressed in this development to avoid problems for himself and other neighbors. The separation between agricultural areas and residential areas needs to be examined. He lives behind Fred Meyer on Fairview. He worked with the developer of that property. The developer erected a chain link fence along his property line; however, this fence does not keep the kids away from his horses. He is in the process of posting his property with signs advising people to stay out. The vacant lot next to his property is a magnet for children, parents and doge, and this creates a real problem. He does not know what the solution may be, but the problem needs to be examined. The issue of pressurized irrigation which the Applicant is putting into the development needs to be examined. The proposed development of this property connects with Packard Subdivision No. 1. The lateral ditches to my property from the main ditch runs along the two sides of Packard Subdivision No. 1. He wants the developer to state his plans for the ditches and to maintain the ditches until the property is developed. He does not know how the pressurized irrigation which the Applicant is installing will effect him or other property owners with regard to the delivery of irrigation water. He also has a concern about the flow of traffic. The traffic will apparently flow to Fairview which is beneficial to him as he lives FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. P.N.E./EDMONDS' CONSTRUCTION on Locust Grove. Locust Grove is so busy he cannot access the road during peak hours. According to the Ada County Highway District traffic study, the development of the property will increase the traffic on Locust Grove by 950 vehicles per day. He questions whether Locust Grove can handle that amount of traffic until it is improved. Locust Grove is to be improved in 1998, but the improvements will probably not occur until the year 2000. In response to a question from Commissioner Borup, Mr. Bryan stated that the irrigation ditch which delivers water to his property is not affected by the proposed development of the property. e. Marc Peterson testified substantially as follows. With reference to the gates and pedestrian and bicycle access to Wingate Lane from the property, he does not agree with such access. His property is approximately 100 feet from the proposed location of the gates. He has horses and livestock on his property. He has electric fences along his property. He does not want people going up and down Wingate Lane. He is also concerned about the size of the lots. The Applicant has increased the lot sizes around Carol Subdivision, but have not increased the size of the lots directly across from his property. He believes that the size of the lots along Carol Subdivision and his property should be increased for the reason of future widening of the road and a buffer zone from the livestock. He likes the idea of a berm and fence between the property and his property. Of particular concern is that he saw the proposed subdivision plat for the first time on March 10, 1997. He was the last property owner to be approved by Ada County to have access on Wingate Lane. To have the access, he had to have a minimum five acre parcel of property. It appears that the Applicant is attempting to squeeze one more house in between his house and his neighbor's house. It appears to him that this Lot 14, Block 9 is land locked because it should not have access to Wingate Lane and it does not have access to the streets in the proposed subdivision. So he does not believe that Lot 14, Block 9 should be a buildable lot. He understands that the Applicant plans to split the lot to put a lot in between the existing house on the lot and his house. f. Helen Sharp testified substantially as follows. She cannot believe this development can be approved when there is a conflict between the proposed subdivision plat presented at this hearing and the one shown to the neighbors at the March 10, 1997 neighborhood meeting. She has spoken with Boise Planning and Zoning and there FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. P.N.E./EDMONDS' CONSTRUCTION is to be no more building on Wingate Lane, which means that one cannot use Wingate Lane as a means of access to the property. She is also advised that the area is a buffer zone between Boise and Meridian. She was also advised that one cannot divide the property if purchased after 1968. The Borup portion of the property has been sold to a young couple, which means it has not been zoned but there is a break. Her concern is that the process is not only zoning, but also planning. She would like to see some planning done in this area. Wingate Lane is a small one-half mile lane. Pictures have been presented previously of Wingate Lane, and the question is what benefit will the City of Meridian receive from this type of zoning. Meridian does not need many new houses right now. Realtors she has contacted say there are over 500 houses available, which does not include those houses which are to be built in new subdivisions. Her property abuts the property. A fence exists between her property and the property, over which people dump their grass clippings and other material. She requests that foresight be used rather than hindsight. She realizes that development is going to occur, but the development should be accomplished with planning. She does think that all of the issues have been addressed at this point. g. Dixie Roberta testified substantially as follows. She opposes the growth in the area in which the property is located. She moved out to the area for country living. The developers want to come and develop the area, and ruin it, so to speak, for the residents in the area. Her son tried to buy an acre from her to build on it. But, because of the zoning he could not build on the one acre parcel to be purchased from her. He was required to own five acres. One and a quarter acre have been sold since her son's attempt to purchase the one acre. Her primary concern ie the availability of irrigation water, because her property is worthless without the water. She does not want a pump to irrigate her property, but wants to be able to irrigate her property the way she presently irrigates. The lay of the land allows for the irrigation of the property without a pump, and this is how the land should be irrigated. Another issue is the number of children which will come with the development. She loves children. However, if the children enter upon her property where she has cows, the children may be injured. Although there is to be no access to Wingate Lane from the property, she is concerned about the traffic on Wingate Lane created by the proposed development of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. P.N.E./EDMONDS' CONSTRUCTION h. Craig Thompson testified substantially as follows. He does not live adjacent to the property, but is concerned with what will happen in the future. The development should provide some type of blending effect. He does not know how to make the area look nice when there are five acre parcels of land next to a subdivision development with 8,000 to 10,000 square feet lots. He has a concern of children playing in the south slough. He questions how safety can be promoted with the number of people in the area. He questions why the proposed plat presented at the hearing is different from the one he saw previously. It bothers him that he is told one thing but finds the contrary to be true or that things are different. He thinks there are too many questions right now. The Applicant should respond to the questions and concerns presented. i. Helen Sharp further testified substantially as follows. A big issue is the crossing of Wingate Lane with the sewer line. In response to a question of clarification by Commissioner Borup, Helen Sharp stated that Wingate Lane is a dedicated private lane pursuant to a 1913 contract. She questions how the sewer line can cross this private lane. j. Vern Alleman further testified substantially as follows. He has livestock on his property. He desires a proper fence be constructed to protect against children entering the area in which livestock are pastured. 18. Dan Wood testified in favor of the application. Mr. Wood testified substantially as follows. The City of Meridian's Comprehensive Plan provides for this area to be residential. The applicant proposing to development this into a residential area. The size of the lots in the proposed development of the property are larger than the lots of surrounding subdivisions. The proposed lot sizes meet or exceed the minimum requirements of the R-4 District. The Applicant is doing everything it can to help the neighbors. However, the Applicant, as the owner of the property, has rights. If it follows the requirements of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. P.N.E./EDMONDS' CONSTRUCTION Meridian, Ada County and the state of Idaho, it should be able to develop the property as it desires. 19. The Applicant's representative, Pat Tealey, responded to the comments from the public substantially as follows. With regard to irrigation water, the Applicant must see that the same quantity of water is delivered to the same place. Those neighboring land owners will receive the same quantity of water at the same location. If these land owners desire an agency review of the Applicant's irrigation plans, the Applicant will gladly accept such review by the Nampa & Meridian Irrigation District, whether it has jurisdiction, or the City of Meridian. The Applicant will not provide pressurized irrigation to the neighboring land owners, but will provide the irrigation water each is to receive. The Applicant does not intend to disrupt the delivery of irrigation water. The construction of the irrigation system will occur in the winter so as not to interrupt the delivery of the irrigation water. Situations do occur in which a contractor does not do what it is suppose to do or complete the work timely; however, the Applicant will do whatever it can, including entering into an agreement, to assure that the delivery of irrigation water is not disrupted. With regard to Wingate Lane, the Applicant does not plan to access Wingate Lane in any way. An additional lot along Wingate Lane was discussed at the March 10, 1997 neighborhood meeting, but that additional lot is no longer part of the plan. Lot 14, Block 9 is one lot, and the Applicant does not plan to split it to create another lot. There exists a house on Lot 14, Block 9, but the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. P.N.E./EDMONDS' CONSTRUCTION owner of the house does not own the entire area of this lot represented on the proposed subdivision plat. In response to a question of Commissioner Borup, Mr. Tealey stated that it is correct that if the configuration of Lot 14 is changed, the proposed plat of the subdivision will have to change and be resubmitted for review. The Applicant does not plan and the Ada County Highway District does not plan, based upon his conversations with it, to improve Wingate Lane. It is to remain as it is. Initially, the Applicant planned to make Wingate Lane an access to the property and to improve Wingate Lane by constructing curbs, gutters and sidewalks and install water and sewer lines. However, the Applicant was presented with so much opposition that it abandoned its attempts to improve it. The Applicant's present plans are to dead end an access road at the Alleman property, so that in the event the Alleman property is developed the road can be extended to Ustick Road. With regard to the development of Packard Subdivision No. 1, the Applicant is waiting for the approval of this application so it knows the plan for the location of the lift station. With regard to the sewer line crossing Wingate Lane, although the Applicant owns the property over which the easement exists for Wingate Lane, the Applicant cannot disrupt the use of the easement. However, the Applicant maintains that the easement for Wingate Lane does not preclude the installation of utilities through the area of the easement. The Applicant believes it has the right to cross Wingate Lane with utilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. P.N.E./EDMONDS' CONSTRUCTION 20. Mr. Sharp further testified that he would like to see a gate constructed to discourage people entering upon the Nampa & Meridian Irrigation District's maintenance road for the Stokesberry Lateral and his property. He would like to discourage traffic there, and a gate would stop people from entering the area. 21. In response the Applicant's representative stated that the Applicant had not discussed such issue with the Nampa & Meridian Irrigation District; however, if it wanted a gate at the location the Applicant would construct a gate there. 22. Richard A. Scarr submitted a letter dated March 10, 1997 concerning this application, and his concerns and desired requirements for the development of the property. This letter is incorporated herein as if set forth in full. 23. R.W. and Mary Lee Peckenschneider submitted a letter dated March 10, 1997 concerning this application, and their concerns and desired requirements for the development of the property. This letter is incorporated herein as if set forth in full. 24. Floyd F. Reichert submitted a letter dated March 10, 1997 concerning this application, and his and his wife's support of the application and their desired requirements for the development of the property. This letter is incorporated herein as if set forth in full. 25. U.S. West submitted comments and may hereafter submit comments. Its submitted comments are incorporated herein as if set forth in full and such comments hereafter submitted shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. P.N.E./EDMONDS' CONSTRUCTION incorporated herein as if set forth in full when submitted. Its submitted comments included that it requests a ten feet easement along front and rear property lines, and a five feet easement along all side lot lines. 26. Idaho Power submitted comments and may hereafter submit comments. Its submitted comments are incorporated herein as if set forth in full and such comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. Its submitted comments included that it requires a permanent ten feet wide easement along all lots adjacent to a road right-of-way dedicated to public or private use. 27. The Nampa & Meridian Irrigation District submitted comments and may hereafter submit comments. Its submitted comments are incorporated herein as if set forth in full and such comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. its submitted comments included the following. Its Finch Lateral courses through the north portion of the property. The right-of-way of the Finch Lateral is 80 feet: 40 feet from the center each way. Its Stokesberry Lateral courses through the south portion of the property. The right-of-way of the Stokesberry Lateral is 40 feet: 20 feet from the center each way. The Applicant must contact it for approval before any encroachment or change of right-of-way occurs. It requires that a Land Uae Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. P.N.E./EDMONDS' CONSTRUCTION surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. It is recommended that irrigation water be made available to all developments within this District. 28. The Central District Health Department submitted comments and may hereafter submit comments. Its submitted comments are incorporated herein as if set forth in full and such comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. Its submitted comments included the following. After written approval from the appropriate entities are submitted, it can approve this proposal for central sewage and central water. Plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health fi Welfare, Division of Environmental Quality. Street runoff is not to create a mosquito breeding problem. It recommends that the first one half inch of storm water be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of the project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. 29. Joint School District No. 2 submitted comments and may hereafter submit comments. Its submitted comments are incorporated herein as if set forth in full and such comments hereafter FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. P.N.E./EDMONDS' CONSTRUCTION submitted shall be incorporated herein as if set forth in full when submitted. 30. The Meridian Fire Department submitted comments and may hereafter submit comments. Its submitted comments are incorporated herein as if set forth in full and such comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. Its submitted comments included that open spaces will need to be kept clear of trash and weeds, and whether there will be only one way in and out to E. Quartz St., N. Simerly P1. and N. Devlin Way. 31. The Ada County Highway District submitted comments and may hereafter submit comments. Its submitted comments are incorporated herein as if set forth in full and such comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. Its submitted comments included the following: a. The Applicant provide documentation to the District that the authorized users of the private road have subordinated their rights to use the road to the Highway District to the extent that public roads and utilities may cross the easement for the private road, or an opinion from a practicing attorney that such crossings can legally occur; b. The Applicant construct all internal streets to a 37 feet back-to-back street section with 5 feet sidewalks within a 50 feet right-of-way; c. Two of the knuckles or half culdesacs shall be constructed with median islands, maintaining a minimum travel width of 21 feet to the back of the curb; d. All landscaped medians shall be separate platted lots owned and maintained by a homeowners association; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. P.N.E./EDMONDS' CONSTRUCTION e. A minimum radius of 100 feet be maintained on all curves having other than a 90 degree angle of deflection; f. E. Challis Street, as depicted on the drawing on file dated September 15, 1995, shall be dedicated but not constructed across Wingate Lane until the two properties south of the street crossing are developed and construction has been approved by the Ada County Highway District Commission. The Applicant shall deposit the cost of construction of E. Challis Street across Wingate Lane and the cost of removal of the gates required in item g., immediately hereinbelow, to the Public Rights- of-Way Trust Fund; g. Provide and install two gates, one at each end of the unconstructed portion of E. Challis Street across Wingate Lane, which will allow the passage of pedestrians and bicycles, but not automobiles, along the unconstructed section of said street; h. The Applicant construct a 14 feet wide all weather road along the route of sanitary sewer line in all unplatted areas of the proposed subdivision, including the portion of E. Challis Street across Wingate Lane; i. The Applicant provide a legal and physical means of access from the Reichert parcel of property to the public street system; j. A request for modification, variance or waiver of any requirement or policy outlined in the Ada County Highway Districts submitted comments or comments submitted hereafter shall be made in writing to the Development Services Supervisor; k. A right-of-way permit must be obtained from the Ada County Highway District for any street or utility construction within the public right-of-way. Utility cuts should be combined where practical to limit pavement damage; 1. The Applicant shall submit site drainage plans and calculations for review and appropriate action by the Ada County Highway District prior to issuance of building permits or other required permits. The proposed drainage system shall retain all storm water on-site and shall conform to the requirements of the City of Meridian; m. Public street drainage facilities shall be located in the public right-of-way or in a common lot owned by a homeowners association set aside specifically for that FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. P.N.E./EDMONDS' CONSTRUCTION use. There shall be no trees, fences, bushes, sheds or other valuable amenities placed in said easement. Drainage lots and their use restrictions shall be noted on the plat when applicable; n. The Applicant shall locate driveway curb cuts a minimum of 5 feet from the side lot property lines when driveways are not being shared with the adjacent property; o. The Applicant construct pedestrian ramps on the corner of all street intersections in compliance with Idaho Code Section 40-1335; p. The Applicant dedicate a 20 feet by 20 feet right- of-way triangle, or an appropriate curve to keep street improvements within the public right-of-way, at all intersections abutting and/or within the development prior to issuance of building permits or other required permits; q. The Applicant continue existing irrigation and drainage systems across the parcel of property; r. The Applicant continue the borrow ditch drainage abutting the parcel of property and culverts may be required; s. The Applicant provide written approval from the appropriate irrigation/drainage district authorizing storm runoff into their system; t. If street improvements are proposed, the Applicant locate obstructions; such as utility facilities, irrigation and drainage ditches and appurtenances; outside of the public right-of-way, as may be required by the Ada County Highway District. The Applicant shall obtain authorization for relocations from the appropriate entity; u. The Applicant locate proposed sign(s) out of the public right-of-way and out of the clear-vision triangle of all street and driveway intersections; v. The Applicant install a stop sign on every unsignalized approach of a project street to an intersection involving a collector or arterial as a cross-street. The stop sign shall be installed when the project street is first accessible to the motoring public; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. P.N.E./EDMONDS' CONSTRUCTION w. The Applicant is required to install street name signs at the locations approved by the Ada County Highway District. The Applicant shall purchase street name signs, sign poles and mounting hardware from the Ada County Highway District's Traffic Operation Department or an approved outside supplier. The District will not manufacture street signs until a copy of the recorded plat showing the recording data has been provided to Development Services staff; x. The Applicant shall cause to be provided a clear vision sight triangle at all street intersections. Within this triangle, no obstructions higher than 36 inches above the top of the pavement will be allowed, including landscaping, berms, fences, walls or shrubs. The triangle shall be defined by the long leg measured down the centerline of any collector 350 feet and the short leg measured down the centerline from the collector street curb line 20 feet. The Applicant shall provide notes on the plat and street construction of these restrictions; y. The Applicant shall submit three sets of street construction plans to the Ada County Highway District for review and appropriate action; z. The Applicant shall provide design data for proposed access to public streets for review and appropriate action by the Ada County Highway District; aa. All public streets and drainage systems shall be designed and constructed in conformance with the Ada County Highway District's standards and policies; bb. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to Ada County Highway District shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor in compliance with Idaho Code Section 54-1215; cc. The Applicant shall submit revised plans for staff approval which incorporates any required design changes prior to issuance of building permits or other required permits; and dd. The construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. P.N.E./EDMONDS' CONSTRUCTION 32. The Planning and Zoning Administrator, Shari Stiles, submitted comments and may hereafter submit comments. Her submitted comments are incorporated herein as if set forth in full and such comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. Her submitted comments included the following: a. The Meridian Comprehensive Plan indicates the need for a park in the area of the property. With over 75 acres annexed or proposed for annexation in Packard Subdivision No. 1 and Packard Subdivision No. 2, open space appears inadequate to mitigate the impacts of the both subdivisions; b. The South Slough is designated as a future pathway in the Meridian Comprehensive Plan. Construction shall be in accordance with the Ada County Pathway Plan and the City of Meridian's requirements. Any relocation of the South Slough will negate its consideration as a "natural waterway" and will require tiling; c. Perimeter fencing shall be required prior to obtaining building permits. The South Slough shall be fenced with non-combustible fencing outside of existing/required easement to accommodate future pathways; d. A development agreement is required as a condition of annexation; e. [At the time these comments are made,] no school capacity is available to serve this subdivision; f. No access is available to the property [at the time these comments are made]; g. She has had reports that apartments have been constructed on Lot 7, Block 2. In the event these reports are accurate, this lot does not conform to the R- 4 District zoning requirements. Additionally, it would appear that this proposed lot has already been split illegally; h. All corner lots shall have a minimum of 80 feet of frontage. For purposes of calculating frontage, the line length plus one-half of the curve length is used. Some FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. P.N.E./EDMONDS' CONSTRUCTION lots of the proposed subdivision; such as Lots, 1, 3, 4 and 6, Block 7; will need arrows indicating the direction the house must face; i. Lot square footages are to be determined exclusive of irrigation easements. The South Slough area should be designated as a separate lot to be owned and maintained by the homeowners association; j. Phasing of the development of the project, if applicable, shall be indicated on the preliminary plat; k. Easements shall be provided as required by City Ordinance Section 11-9-605 D.; 1. Any changes to existing natural features shall meet the approval of the City of Meridian and the appropriate public agency prior to any construction activity taking place; m. Pressurized irrigation is to be supplied to all lots within the proposed subdivision; n. Buffering of adjacent residential rural lots is required. While consideration has been given to some adjacent property owners, the lots in Block 6 do not show the same consideration; o. All ditches crossing or abutting the property are to be tiled per City Ordinance unless a variance is granted; p. Driving lanes at culdesacs, "knuckles," at the north and the south ends of N. Malachite Avenue, with a 21 feet width, do not appear to be adequate; and q. Applicant is to address all of the foregoing comments, in writing, and submit such response to the City of Meridian's Clerk's office. 33. The Assistant to the City Engineer, Bruce Freckleton, submitted general and site specific comments and he or the City Engineer may hereafter submit general and site specific comments. The submitted general and site specific comments of the Assistant to the City Engineers are incorporated herein as if set forth in full and such general and site specific comments hereafter FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. P.N.E./EDMONDS' CONSTRUCTION submitted by the Assistant to the City Engineer or the City Engineer shall be incorporated herein as if set forth in full when submitted. The general and site specific comments submitted by the Assistant to the City Engineer included the following: General Comments: a. Any existing irrigation/drainage ditches crossing the property to be included in the proposed project shall be tiled per City Ordinance 11-9-605 M. The ditches to be piped are to be shown on the preliminary plat of the proposed subdivision. Plans will need to be approved by the appropriate irrigation/drainage district or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing the proposed project; b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; c. The Applicant shall determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the street development plans; d. The Applicant shall submit a copy of proposed restrictive covenants and/or deed restrictions for the City of Meridian's review; e. The Applicant shall provide 5 feet sidewalks in accordance with City Ordinance Section 11-9-606 B.; f. Water service to the proposed development is contingent upon positive results from a hydraulic analysis by the City of Meridian's compute model; g. The Applicant shall submit a letter of approval from the Ada County Street Name Committee, approving the subdivision and street names. The Applicant shall make any necessary corrections to the preliminary plat map prior to resubmittal to the City of Meridian; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. P.N.E./EDMONDS' CONSTRUCTION ~~ h. The Applicant placement with the Superintendent; is to coordinate fire hydrant City of Meridian's Water Works i. The Applicant shall indicate any existing FEMA Flood Plain Boundaries on the preliminary plat map, and/or any plans to reduce said boundaries; j. The Applicant shall submit a master street drainage plan, including the method of disposal and approval from the affected irrigation/drainage district; and k. The Applicant is to respond, in writing, to all of the comments of the Assistant to the City Engineer, and submit the responses with copies of the revised preliminary plat map to the City of Meridian's Clerk's office. Site Specific Comments: a. The legal description submitted with the application and the preliminary plat appears to meet the annexation criteria of the City of Meridian and Idaho State Tax Commission; b. Sanitary sewer service to the property shall be via an extension of the South Slough Sewer Interceptor. [As of the date these comments are made], the South Slough Interceptor is at Locust Grove Road, approximately 1,800 feet west of the proposed development. The interceptor line would need to cross the length of the proposed "Chamberlain Estates" parcel and parcel owned by Vern Alleman. Without the extended interceptor line, the proposed development is not serviceable with the City of Meridian's municipal system. The Applicant will be responsible to construct the sewer mains to and through the proposed development. The subdivision designer is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. (At the time these comments are made,] the preliminary plat submitted does not show how the proposed development will be served. Until the sewer line routing is proposed, this development should not be considered; c. Water service to this property could be via mains installed in N. Hickory Way as part of the first phase of the "Dove Meadows" project; however, [at the time these comments are made,] the approved preliminary plat of "Dove Meadows" [had] expired beyond the one year time FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24. P.N.E./EDMONDS' CONSTRUCTION frame established by the City of Meridian's ordinances for completing the second phase. This leaves a gap of approximately 300 feet between the existing water main and property that the Applicant controls (Packard Subdivision No. 1). The Applicant shall be responsible to construct the water mains to and through the proposed development. The subdivision designer is to coordinate the main sizing and routing with the Meridian Public Works Department. [At the time these comments are made,] the preliminary plat submitted does not show how the proposed development will be served. Until the water line routing is proposed, this development should not be considered; d. The subdivision designer is to coordinate E. Carnelian street stub alignment into the proposed "Chamberlain Estates" with Hubble Engineering, Inc.; e. The Applicant is to revise the preliminary plat map to show all adjacent land use and existing zoning of properties surrounding the proposed development, including existing or approved proposed streets and lots, and to include all proposed and existing utilities including pressurized irrigation, with proposed source, and addressing all other comments of the Assistant to the City Engineer. The Applicant is to resubmit the preliminary plat with said revisions; f. The Applicant is to submit a master street grading and drainage plan including the method of disposal and the approval from the affected irrigation/drainage district; g. One hundred watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department. All street lights shall be installed at the Applicant's expense. Typical locations of the street lights are at street intersections and/or fire hydrants; h. The minimum street frontage for Lot 17, Block 2 shall be eighty feet, measured at the arc for the curved portion per City of Meridian ordinance; i. Lots 1 and 6, Block 7 shall have a limitation on house orientation towards N. Hickory Way. Lots 3 and 4, Block 7 shall have a limitation on house orientation towards N. Malachite Ave. Lot 5, Block 6 shall have a limitation on house orientation towards E. Meadowgrass Street. Lot 7, Block 10 shall have a limitation on house orientation towards N. Devlin. The Applicant is to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25. P.N.E./EDMONDS' CONSTRUCTION indicate said house orientations on the preliminary plat and final plat maps; j. The Applicant is to provide a 50 feet radius paved temporary turn around at the westerly end of Quartz St.; k. The preliminary plat map contour lines need to be labeled and tied to an established benchmark; 1. The preliminary plat map needs to be stamped, signed and dated by the design engineer or land surveyor; m. The Applicant is to provide statements of dedications to the public and/or easements, together with a statement of location, dimension and purpose of the dedication or easements; n. Any proposal for a supplementary connection from the City of Meridian's water system to pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered. The Applicant shall provide a statement as to the ownership of, and operation and maintenance for the pressurized irrigation system; o. The Applicant is to revise the preliminary plat map to show the extension of N. Wingate Ave. across the Reichert property. The Applicant shall make provisions in the design to accommodate access from this extension to the Sharp parcel; p. The width of the pavement in the "90 degree Rnuckle" turn outs need to be reviewed and approved by the Meridian Fire Department and Meridian Joint School District No. 2; and q. The correspondence between Larry Sale of the Ada County Highway District and Gary Smith, P.E., Meridian City Engineer, respectively dated October 2, 1995 and October 12, 1995 are incorporated herein as if set forth in full. 34. The Applicant's represenative, Ted Hutchinson of Tealey's Land Surveying, responded to the general and site specific comments of the Assistant to the City Engineer, Bruce Freckleton, by letter dated December 12, 1995. The responses contained in said letter of December 12, 1995 are incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26. P.N.E./EDMONDS' CONSTRUCTION 35. There were no other comments by the public regarding this application. 36. The property is adjacent and abutting the present city limits of the City of Meridian. 37. The Applicant is the owner of the majority of the property which is the subject of this application. Robert Cassell and Willa J. Cassell are the record owners of a portion of the property which is the subject of this application. Robert Cassell and Willa J. Cassell have consented to this application of the Applicant, have consented to be bound by the Findings of Fact and Conclusions of Law approved and adopted for this application, have consented to be bound by the ordinance annexing their property into the City of Meridian, if annexed, and have agreed to pay any and all applicable fees associated with the annexation of the property. Robert E. Coburn and Michelle L. Chesworth are the record owners of a portion of the property which is the subject of this application. Robert E. Coburn and Michelle L. Chesworth have consented to this application of the Applicant, have consented to be bound by the Findings of Fact and Conclusions of Law approved and adopted for this application, have consented to be bound by the ordinance annexing their property into the City of Meridian, if annexed, and have agreed to pay any and all applicable fees associated with the annexation of the property. 38. The property which is the subject of this application is within the Area of Impact of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27. P.N.E./EDMONDS' CONSTRUCTION 39. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 40. The property is in an area designated on the Generalized Use Map of the Meridian Comprehensive Plan as a single family residential area. In the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre. 41. In the Meridian Comprehensive Plan under LAND USE, Rural Areas, Section 6.3 provides that land in agricultural activity should so remain in agricultural activity until urban services can be provided. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29. 42. The City of Meridian has, and is, experiencing a population increase. There exist pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 43. The property can be physically serviced with City of Meridian water and sewer if the Applicant extends the lines, and constructs and installs the necessary equipment and facilities. 44. The R-4, Low Density Residential District is described in the Zoning and Development Ordinance, 11-2-408 B. 3 as follows: (R-41 Low Density Residential District: Only single- family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (r-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28. P.N.E./EDMONDS' CONSTRUCTION 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 System of the City of Meridian. 45. Pursuant to the Zoning and Development Ordinance, 11-2- 411 D 1., all new single-family detached housing in the (R-4) Low Density Residential District shall be constructed to contain at least 1,400 square feet of living space of which the garage is not included in determining the square footage of living space. 46. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, "2. RESIDENTIAL POLICIES 2.1U Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums etc.) for the purpose of providing the City with a range of affordable housing opportunities." COMPREHENSIVE PLAN CITY OF MERIDIAN at page 23. 47. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, RURAL AREAS, section 6.3 c.: Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings units per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided in accordance with Ada County Zoning and Subdivision Ordinances Policy. Development density below three dwelling units per acre may be allowed by conditional use permit if a cost/benefit analysis indicates positive impacts to the City of Meridian. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29. 48. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, RURAL AREAS, section 6.4 c.: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29. P.N.E./EDMONDS' CONSTRUCTION Residential development is allowed in the rural areas provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, when Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 30. 49. The following pertinent statements are made in the Meridian Comprehensive Plan under HOUSING, Housing Policies: 1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. * x * ,r 1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background, shall be encouraged. 1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 67. 50. The City of Meridian has experienced an influx in its population which influx is reasonably anticipated to continue. The property borders upon city limits of the City of Meridian, and economic conditions are making the continuation of farming in the area difficult. 51. With regard to this application, Planning and Zoning Administrator, Shari Stiles, made specific comments concerning the need of parks in the area of the property, the lack of capacity in FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 30. P.N.E./EDMONDS' CONSTRUCTION s • the area schools and that the annexation should be conditioned upon a development agreement. 52. In 1992, the Idaho State Legislature passed amendments to the Local Planning Act, which included amending Idaho Code Section 67-6513. Section 67-6513 provides in part: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service, delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision. 53. The City of Meridian is concerned with the increase in its population, and the impact such increase has upon its ability to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City of Meridian. The City of Meridian is further concerned about the impact and burden placed upon the schools of Meridian School District No. 2 resulting from the influx of its population. The City of Meridian knows the increase in population does not sufficiently increase the tax base to offset the costs of providing fire, police, emergency health care, water, sewer, and parks and recreation services. The City of Meridian further knows the increase in population does not provide sufficient tax base to provide for school services to current and future students. 54. Pursuant to the instruction, guidance and direction of the Idaho State Legislature, the City of Meridian may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive to apply to all residential lots FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 31. P.N.E./EDMONDS' CONSTRUCTION in the City because of the imperilment to the health, welfare and safety of its citizens. 55. Section 11-9-605 C of the Zoning and Development Ordinance provides, "Right-of-way for pedestrian walkways in the middle of the long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping area; the pedestrian easement shall be at least ten feet (10') wide." 56. Section 11-9-605 G of the Zoning and Development Ordinance provides in part: Planting strips shall conform to the following: 1. Planting Strips - Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement; . 57. Section 11-9-605 H of the Zoning and Development Ordinance provides in part: Public sites and open spaces shall conform to the following: * * ,+ « 1. Natural Features - Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision; 58. Section 11-9-605 K of the Zoning and Development Ordinance provides: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 32. P.N.E./EDMONDS' CONSTRUCTION The extent and location of lands designed for linear open space corridors should be determined largely by natural features and, to a lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi-improved areas (a landscaped pathway onlyj, or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural values, especially waterways, drainageways and natural habitat; 4. To buffer more intensive adjacent urban land uses; To enhance local identification within the area due to the internal linkages; and To link residential neighborhoods, park areas and recreation facilities. Subdivision plats or development plans shall show the location of any lineal open space corridors. 59. Section 11-9-605 L of the Zoning and Development Ordinance provides: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada county [sic] Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 60. Section 11-9-605 M of the Zoning and Development Ordinance provides in part: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 33. P.N.E./EDMONDS' CONSTRUCTION i • All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 61. Proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. The City of Meridian has authority to annex land pursuant to Idaho Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning commission has judged this annexation and zoning application under Idaho Code Seetion 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. There has been compliance with all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 34. P.N.E./EDMONDS' CONSTRUCTION 5. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt va. The City of Idaho Falls, 105 Idaho 65, 665 P2d. 1075 (1983). 9. The development of the annexed. land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Development Ordinance of the City of Meridian. 11. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 35. P.N.E./EDMONDS' CONSTRUCTION development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. It is concluded, however, that it is more appropriate to enter into a development agreement for the development of the property, and therefore as a condition of annexation a development agreement must be entered into prior to development of the property or issuance of final plat approval. 12. As a condition of annexation and the zoning of (R-4) Low Density Residential District, the Applicant shall enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D. The development agreement shall address, but not limited to, the following matters: a. Inclusion into the development the requirements of 11-9-605; b. Payment by the Applicant, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City; c. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee, or fees for fire, police, emergency health care, water, sewer, and parks and recreation services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; g. Submission and approval of individual building, drainage, lighting, parking, and other developmental plans of the property; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 36. P.N.E./EDMONDS' CONSTRUCTION h. Harmonizing and integrating the site improvements with the surrounding residential development and other development; i. Addressing and complying with the present comments of and the comments hereafter made by the Planning and Zoning Administrator; j. Addressing and complying with the present general and site specific comments of and the comments hereafter made by the City Engineer and the Assistant to the City Engineer; k. Addressing and complying with the comments and requirements of the Ada County Highway District; 1. Addressing and complying with the comments and requirements of other governmental agencies submitting comments; m. The sewer and water requirements; n. Traffic plane and access into and out of any development; and o. Any other items or matters deemed necessary by the City Staff, including design review of all development, and conditional use processing. 13. As the property is in an area marked as a single family residential area, the annexation and zoning application is in conformance with the Rural Area policies. 14. The development of the property as an (R-4) Low Density Residential District, as requested by the Applicant, would be compatible to the development in the surrounding area. 15. It is therefore concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 37. P.N.E./EDMONDS' CONSTRUCTION 16. The requirements of the Meridian City Engineer, Meridian Planning and Zoning Administrator, Ada County Highway District, Central District Health Department, the Nampa & Meridian Irrigation District and other governmental agencies shall be met and addressed in a development agreement. 17. All ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 18. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 19. The Applicant shall be required to connect the property to Meridian water and sewer, extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Applicant's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 20. These conditions shall run with the land and bind the Applicant and its successors in interest, assigns, heirs, executors or personal representatives. 21. With compliance of the conditions and requirements contained herein, the annexation and zoning of the property as (R- 4) Low Density Residential District would be in the best interest of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 38. P.N.E./EDMONDS' CONSTRUCTION 22. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The 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 OSLUND VOTED COMMISSIONER MACCOY VOTED COMMISSIONER MANNING VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED .~-~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 39. P.N.E./EDMONDS' CONSTRUCTION DECISION AND RECOMl~NDATION The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and are not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED:~~ DISAPPROVED: FINDINGS OF FACT AND CONCLUS P.N.E./EDMONDS' CONSTRUCTION OF LAW - Page 40. ~~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION A'a, LLC APPLICATION FOR ANNEXATION AND ZONING A PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO SOUTH OF FRANKLIN ROAD, WEST OF EAGLE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on March 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Roger Smith, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for March 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 11, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included in the application for annexation and zoning is described in the application, and by this reference FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. ANNEXATION AND ZONING - A'a, LLC is incorporated herein as if set forth in full. The property is approximately 4.26 acres in size. 3. The Applicant is not the owner of record of the property. The record owner of the property is Swiss Management International, Inc., and it has consented to the application for the annexation and zoning of the property. 4. The property is presently zoned by Ada County as R3 Low Density Residential Zone, and is vacant land. The Applicant requests the property be zoned (L-O), Limited Office District. The Applicant has requested the annexation and this zoning, and the application is not at the request of the City of Meridian. 5. The proposed use of the property is as professional office buildings. 6. The property is located at the southwest corner of the intersection of Franklin Road and Eagle Road. 7. The Ada County Highway District 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. 8. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted general and site specific comments which comments are incorporated herein as if set forth in full. Their general and site specific comments included the following. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. ANNEXATION AND ZONING - A'a, LLC { GENERAL COMMENTS: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district or lateral users association, with written confirmation of said approval submitted to the Public Works Department; b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; c. The Applicant will need to determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans; d. The Applicant will need to secure a surety for any uncompleted improvements prior to temporary Certificate of Occupancy being issued; e. The Applicant will need to coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on development plans; f. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; g. 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. Sign permits are to be obtained prior to their construction; h. Screened trash enclosures are to be provided in accordance with City ordinances. The Applicant will need to coordinate dumpster site locations with the City's solid waste contractor. The Applicant will need to locate dumpsters so as not to impede fire access. No trash enclosure is shown on the plan; and i. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. ANNEXATION AND ZONING - A'a, LLC District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a state of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off- street parking areas. All site drainage shall be contained and disposed of on-site. SITE SPECIFIC COMMENTS: a. The legal description submitted for annexation and zoning appears to meet the minimum requirements of the City of Meridian and the Idaho State Tax Commission; b. Sanitary sewer to this site will be via an extension from the sewer main installed in Magic View Drive. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by the proposed development. The designer is to coordinate main sizing and routing with the Meridian Public Works Department; c. Water service for this development shall be off an extension of an existing 12 inch diameter main in Franklin Road. The developer shall be responsible to extend the 12 inch diameter main in Franklin Road the entire frontage of the property. Water service to this development is contingent upon positive results from a hydraulic analysis by the City's compute model. The designer is to coordinate sizing and routing with the Meridian Public Works Department. The water mains and fire hydrants shall be installed by the developer and then dedicated to the City for ownership and maintenance; d. The Applicant is to provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed not to cause glare or adversely impact neighboring residential properties as determined by the City of Meridian; e. All landscaping is to meet the requirements of Ordinance Section 11-2-414 D 2. Underground sprinkling and a minimum of one three inch caliper tree per 1,500 square feet of asphalt is required by City ordinance. Detailed landscape plans will be reviewed during the building permit approval process. A minimum 35 feet landscape setback is required on Eagle Road beyond the right-of-way. As the site is severely impacted by the additional right-of-way on Franklin Road, the 20 feet landscape buffer shown should be sufficient. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. ANNEXATION AND ZONING - A'a, LLC Applicant can obtain a license agreement with Ada County Highway District to allow some limited landscaping in this area until the right-of-way is needed for roadway construction; f. Building setbacks in the (L-O) Limited Office District zone are 30 feet from the front and 25 feet on street sides. A variance would be needed to allow a reduction in the front setback under the proposed site plan. With the high-quality building proposed, the building itself would be an asset that would be better presented without a parking lot in front of it; g. A pressurized irrigation system utilizing surface irrigation water shall be required within this development. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered; h. The project proposes a two-story structure which would be adjacent to residential backyard areas. Special design considerations need to be incorporated to ensure privacy is achieved. With the daytime office use, this should not be particularly intrusive. Retail use will not be permitted. A minimum 20 feet wide planting strip is required adjacent to residential properties per City ordinance. As the landscaping plan shows trees planted directly over the ditch which is to be tiled, the City will need verification from the Nampa & Meridian Irrigation District that the landscaping plan shown can be accomplished. A masonry fence or other suitable barrier may need to be provided in addition to landscaping proposed; i. The Applicant is to provide pedestrian walkways adjacent to Franklin Road and Eagle Road in accordance with City ordinance and Ada County Highway District requirements; j. The Applicant is to provide evidence by recorded warranty deed that needed right-of-way has been dedicated prior to obtaining building permits. The Applicant is to provide letters of approval from the Ada County Highway District and the Idaho Transportation Department for roadway accesses prior to obtaining building permits; k. Significant changes from the site plan approved in the conditional use permit process, as determined by the Planning and Zoning Administrator, will require re- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. ANNEXATION AND ZONING - A'a, LLC noticing and rehearing before the Planning and Zoning Commission and the Council; 1. The site plan needs to be corrected to show the Franklin Road centerline instead of the Eagle Road centerline; and m. A development agreement is required as a condition of annexation and zoning. 9. The Applicant responded in writing to the general and site specific comments of the Assistant to the City Engineer and the Planning and Zoning Administrator, which responses are incorporated herein as if set forth in full. 10. The Meridian Fire Department and the Meridian City Police Department submitted comments, which respective comments are incorporated herein as if set forth in full. 11. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full. Its comments included that it will require more data concerning the soil conditions on this proposal before it can comment; that before it can comment concerning individual sewage disposal, it will require more data concerning the depth of the high seasonal ground water; that street runoff is not to create a mosquito breeding problem; and that a nutrient pathogen study may be required to determine impacts to groundwater from subsurface sewage disposal. 12. The Nampa & Meridian Irrigation District 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. ANNEXATION AND ZONING - A'a, LLC 13. The Applicant's representative testified substantially as follows. The primary purpose is the construction of three professional office buildings. The proposed project meets with the City's Comprehensive Plan for the general area in which the property is located to be rezoned to commercial and mixed use. The Applicant has received the City's requirements for the annexation and zoning, and for the issuance of a conditional use permit, with which it is in concurrence. It has responded to said requirements of the City in writing by a letter to the City. The Applicant feels that this project would be an excellent use for the property compared to other possible uses for the commercial and mixed use zone. The plan is to have a very high quality construction of the buildings. The proposed construction and development is a split face masonry building with glass block and tinted glass on the exterior with an extensive amount of landscaping. The landscaping is to help both screen the project from the adjacent residential uses and to buffer noise from both major thoroughfares which this project abuts. The buildings are planned to follow the existing topography and blend into the existing terrain. The building in the northeast corner of the property is planned as two stories above ground to hide some of the parking. Some of the parking will be underneath the main building. There will be elevators in the corners of the parking area, as well as, enclosures for trash containers. The two lower buildings will be two stories each with a daylight basement concept. The lower floor will be completely below grade of the uphill side of the structure. Walkways are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 7. ANNEXATION AND ZONING - A'a, LLC planned in the berms in the area adjacent to the roadways. With regard to the City's landscaping requirements, the Applicant proposes 20 feet landscaping buffer along Franklin Road due to the Ada County Highway District's request for right-of-way. Along Eagle Road there will be a 35 feet landscaping buffer. The Ada County Highway District has not resolved whether it will require 100 feet or 54 feet of right-of-way along Franklin Road. With respect to the requirements of the Ada County Highway District, the Applicant wanted 54 feet to avoid impacts upon the zoning of the property as Limited Office District and the setback requirements from Franklin Road. In the event the right-of-way is 100 feet, the Applicant would seek a 20 feet setback from Franklin Road, which would require a variance from the required 30 feet setback. The Applicant has plane for extending the City's utilities, and it has spoken with the Public Works Department. There is a plan to extend sewer along Eagle Road from Magic View Drive. The Applicant has conducted some surveying in the area and found it can service most, if not all, of the houses which abut Springwood and Autumn Drives. The water line will be extended from the existing main that is in Eagle Road and stubbed across to Franklin Road. The water line will be stubbed along the entire frontage to the west of the property boundary. The Applicant held a neighborhood meeting to discuss any of the neighbors' concerns with the proposed project. Most of the neighbors whose homes abut the proposed project were in attendance. The discussions focused primarily upon landscaping issues, the privacy issues and views of the Boise front. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. ANNEXATION AND ZONING - A'a, LLC • Applicant believes the proposed project fits with the City's Comprehensive Plan, and that it can meet the conditions set forth in the general and specific comments of the Assistant to the City Engineer and the Planning and Zoning Administrator. 14. Commissioner MacCoy commented that he commends the designer or architect of the buildings. The proposed buildings are pleasing to the eye and the layout appears feasible. The project would be a nice addition to the City. 15. In response to questions of Commissioner Borup, the Applicant's representative stated substantially as follows. With regard to the submitted comments, the only matter which needs to be resolved is the Ada County Highway District's right-of-way requirements along Franklin Road. The District appears not ready to commit to the 100 feet of right-of-way, and will probably require 54 feet of right-of-way. The additional space available due to the 54 feet of right-of-way will provide a little room to space the site slightly more; however, the general concept would remain the same. The request for a variance on the setback is dependent upon the Ada County Highway District asking for 100 feet of right-of-way. 16. In response to further questions of Commissioner Borup, the Applicant's representative stated substantially as follows. With regard to the neighborhood meeting the Applicant held, they have spoken with the neighbors and, on the evening of this public hearing, the property owner living at the most westerly side. The Applicant will survey the rear areas of the neighbors' homes, and, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 9. ANNEXATION AND ZONING - A'a, LLC based on the locations of their buildings, it will try to provide landscaping that will screen the neighbors from lights from the road. However, based upon the concept of professional office buildings, it expects primarily day use. The type of tenants which the proposed project may attract are professionals, such as doctors working in conjunction with St. Lukes. It does not expect the proposed project to create any significant night time activity. At the same time, the Applicant will attempt to provide the neighbors some privacy and somewhat maintain their views of the Boise front. Some of the neighbors requested that the Applicant not place large trees in the line of view of Bogus Basin or the foothills. The Applicant makes a sincere effort to make the landscaping and project work for the neighbors. The Applicant plans to the the ditch coursing through the property. The planting of trees over the tiled ditch has been an expressed concern of the City's staff. The Applicant will submit its plans for tiling the ditch to the Nampa & Meridian Irrigation District and meet any requirements it has. There exists a decent landscape strip between the parking area and the location of the ditch. The Applicant believes it has enough room to both perform some good landscaping and meet the requirements of the irrigation district. The ditch is entirely within the property's boundary. The Applicant does not think a privacy wall between the buildings and the neighbors to the south would work very well due to the topography on the property. A six to eight foot wall would probably be relatively ineffective from screening the neighbors' view of the back of the buildings because FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. ANNEXATION AND ZONING - A'a, LLC i • the houses are built on the hillside. The Applicant plans to provide the screening through landscaping. It is also considering some type of fence to provide some partition or separation between the residential area and the property. 17. James Haskin testified at the public hearing questioning what requirements may be imposed upon him to connect to the City's sewer and water system. 18. Sherri Holloway testified substantially as follows. Her concern, which she discussed with the Applicant's representative, is the right-of-way requirement of the Ada County Highway District. If the District requires 100 feet of right-of-way, the landscaping will move further toward her property. If the District does not require the 100 feet of right-of-way, she desires the Applicant design the landscaping so as to block her view of the traffic into the property. 19. There were no other comments by the public regarding this application. 20. The property requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan and in the Meridian Area of Impact. 21. The property can presently be physically serviced with City sewer and water if the applicant constructs and installs the necessary equipment and facilities. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. ANNEXATION AND ZONING - A'a, LLC C~ 22. The following pertinent statements are made in the Meridian Comprehensive Plan under ECONOMIC DEVELOPMENT, Economic Development Goal Statement. 1. Policies 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.8 The City of Meridian intends to establish a Design Review Ordinance which will foster compatible land use and design within the development, and with contiguous developments; and encourage innovations in building techniques, so that the growing demands of the community are met, while at the same time providing for the efficient use of such lands. 1.9 Office uses can be, but may not necessarily be, integrated within neighborhood, community, regional shopping centers and Old Town. COMPREHENSIVE PLAN CITY OF MERIDIAN at pages 18 - 19. 24. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, COMMERCIAL POLICIES. "4.8U Encourage commercial uses, offices and medical-care uses to locate FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. ANNEXATION AND ZONING - A'a, LLC in the Old Town district, business parks, shopping centers and near high-intensity activity areas, such as freeway interchanges." COMPREHENSIVE PLAN CITY OF MERIDIAN at page 26. 25. The following pertinent statements are made in the Meridian Comprehensive Plan under LAND USE, MIXED-PLANNED USE DEVELOPMENT. The Comprehensive Plan identifies the following Mixed- Planned Use Development: ~ « .. ~ These areas are unique in that they are surrounded by arterials, immediately adjacent to the freeway (I-84), are relatively level in topography, have a distinct linear shape, and are greatly affected by contiguous industrial, residential and commercial land uses. In order that compatible land uses and efficient use of the land might occur, this corridor is anticipated for a variety of planned, compatible mixed uses. Probable mixed uses for the areas could be commercial, combined medium-to-high density residential, open space uses (as a means to buffer highway noise), tourist lodging, industrial, office, medical, and related land uses. Franklin, Overland/I-84 Mixed Use Policies 5.6 The development of a variety of compatible land uses should be provided in specific plans and proposals for future development. 5.7 Detailed market studies should be undertaken to explore and clarify the issues that are related to mixed-use development in these areas. 5.8 Development in these areas should be based on functional plans and proposals in order to ensure that the proposed uses conform to the Comprehensive Plan policies and are compatible with the surrounding neighborhoods. 5.9 The integrity and identity of any adjoining residential neighborhood should be preserved FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. ANNEXATION AND ZONING - A'a, LLC through the use of buffering techniques, including screen plantings, open apace and other landscaping techniques. 5.10 Development should be conducted under Planned Unit Development procedures and as conditional uses, especially when two or more differing uses are proposed. 5.11 The character, site improvements, and type of development should be harmonized with previously- developed land in the area, and where located adjacent to or near any existing residence or residential area, shall be harmonized with residential uses, and all reasonable efforts shall be made to reduce the environmental impact on residential areas, including noise and traffic reduction. 5.12 Strip development within this mixed-use area is not in compliance with the goals and policies of the Comprehensive Plan. 5.13 Clustering of uses and controlled access points along arterials and collector streets will be required. 5.14U Because these areas are near I-84, Franklin and Overland Roads, high-quality visual appearance is essential. All development proposals in this area will be subject to development review guidelines and conditional use permitting procedures. S.15U The mixed-use area in the vicinity of the Overland Road/Franklin Road/Eagle Road/I-84 interchange is a priority development area. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 27 - 28. 26. In the Meridian Comprehensive Plan under TRANSPORTATION, Franklin Road, East of Meridian Road, and Eagle Road, North of Overland Road are designated as Principal Arterials. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 43. 27. In the Meridian Comprehensive Plan under COMMUNITY DESIGN, Entryway Corridor, Franklin Road (East and West entrances) FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. ANNEXATION AND ZONING - A'a, LLC and Eagle Road (East and West entrances) are designated gateway arterials. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 72. 28. The COMPREHENSIVE PLAN CITY OF MERIDIAN provides the following statements under COMMUNITY DESIGN relative to entrance corridors: Entrance Corridors Goal Statement Promote, encourage, develop and maintain aesthetically-pleasing entrances to the City of Meridian. 4. Policies 4.1U Jointly plan entryway corridors to Meridian with Nampa and Boise. 4.2U Support ACHD corridor development standards for the entryways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 73. 29. The property is included within an area designated on the Generalized Land Use Map at page 4 of the COMPREHENSIVE PLAN CITY OF MERIDIAN as Commercial. 30. The (L-O) Limited Office District is described in the Zoning Ordinance, 11-2-408 B. 7. as follows: 1L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. ANNEXATION AND ZONING - A'a, LLC any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to .act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 31. Proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to annex land pursuant to Idaho Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning Commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. All notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. ANNEXATION AND ZONING - A'a, LLC 5. The Council may take judicial notice of government ordinances, and policies, and of the actual conditions existing within the City of Meridian and the state of Idaho. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. 8. As the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d. 1075 (1983). 9. The development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements; Section 11-9-605 M., which pertains to the tiling of ditches and waterways; and 11-9-606 14., which requires pressurized irrigation. 10. The Applicant stated that it intends to construct three professional office buildings on the property. Any uses would have to comply with the Zoning and Development Ordinance. 11. The City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning and Development Ordinance to reflect the changes made in the Comprehensive Plan. Thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning and Development Ordinance may not address provisions FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. ANNEXATION AND ZONING - A'a, LLC for the use. It is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. The property could be annexed and zoned (L-O) Limited Office District, but once the property was zoned (L-O) Limited Office District, the Applicant could place different uses on the property without additional approval from the City other than building permits, which limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. Further, the property is located in an area designated by the Meridian Comprehensive Plan as a mixed-use area. Sections 5.10 and 5.14U of the "Franklin, Overland/I-84 Mixed Use Policies" at page 28 of the Comprehensive Plan provide that the development of land and proposals for the development of land in the mixed-use area should be conducted under and subject to the conditional use permit process. It is, therefore, concluded, as a condition of annexation and zoning, that any use or development of the property shall only be allowed under the conditional use process. 13. It is concluded that the property should be annexed and zoned (L-O) Limited Office District, but only capable of being developed under the conditional use permit process. 14. The Applicant stated that its intention is to construct three professional office buildings on the property. In the event that the property is not used as a site for three professional FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. ANNEXATION AND ZONING - A'a, LLC office buildings, such other development of or proposed uses of the property shall be under the conditional use permit process. 15. Section 11-2-417 D of the Meridian Zoning And Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. It is concluded, however, that it is more appropriate to enter into a development agreement for the development of the property when the plans for the development of the property are finalized and confirmed. Therefore, as a condition of annexation, a development agreement must be entered into prior to development of the property or issuance of final plat approval. 16. It is concluded that as a condition of annexation and the zoning of (L-O) Limited Office District, the Applicant shall be required to enter into a development agreement as authorized by 11- 2-416 L and 11-2-417 D. The development agreement shall address, among other things, the following: a. Inclusion into the development the requirements of 11-9-605; b. Payment by the Applicant, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee adopted by the City; c. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. ANNEXATION AND ZONING - A'a, LLC • i d. An impact fee or fees for park, police, and fire services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; g. Submission and approval of individual building, drainage, lighting, parking, and other development plans of the property; h. Harmonizing and integrating the site improvements with the surrounding residential development and other development; i. Establishing the 35 foot landscaped setback mentioned in the Comprehensive Plan and landscaping the same; j. Addressing the comments of the Assistant to the City Engineer and the Planning and Zoning Administrator; k. The sewer and water requirements; 1. Traffic plans and access into and out of any development; and m. Any other items deemed necessary by the City Staff, including design review of all development and conditional use processing. 17. It is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, and it is concluded that the annexation shall be conditioned on meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de-annexed. 18. The requirements of the Meridian City Engineer, Ada County Highway District, Meridian Planning Administrator, Central District Health Department, the Nampa ~ Meridian Irrigation District and other governmental agencies shall be met and addressed in a development agreement. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. ANNEXATION AND ZONING - A'a, LLC 19. All ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 20. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 21. The Applicant shall be required to connect the property to Meridian water and sewer, extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Applicant's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 22. The development of the property shall be subject to and controlled by the Zoning and Development Ordinance and the development agreement, and it shall only be developed under the conditional use process. 23. These conditions shall run with the land and bind the Applicant and its successors in interest, assigns, heirs, executors or personal representatives. 24. With compliance of the conditions contained herein, the annexation and zoning of the property as (L-O) Limited Office District would be in the best interest of the City of Meridian. 25. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. ANNEXATION AND ZONING - A'a, LLC APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAH 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 OSLUND MACCOY MANNING ASON (TIE BREAKER) DECISION AND REC VOTED VOTED VOTED ~'g/ VOTED / VOTED The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement, and that the property only be developed under the conditional use process; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and are not agreeable with entering into a development agreement, the property should not be annexed. MOTION: (' APPROVED:_~ 41T~~~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. ANNEXATION AND ZONING - A'a, LLC BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION A'a, LLC APPLICATION FOR CONDITIONAL USE PERMIT FOR OFFICE BUILDINGS A PORTION OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 17. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO SOUTH OF FRANKLIN ROAD, WEST OF EAGLE ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for public hearing on March 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Roger Smith, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The notice of public hearing on the application for conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled for March 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 11, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included in the application for a conditional use permit is described in the application, and by this FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. CONDITIONAL USE PERMIT - A'a, LLC reference is incorporated herein as if set forth in full. The property is approximately 4.26 acres in size. 3. The Applicant is not the owner of record of the property. The record owner of the property is Swisa Management International, Inc., and it has consented to the application for the Conditional Use Permit. 4. The property is presently zoned by Ada County as R3 Low Density Residential Zone, and is vacant land. With the consent of the record owner of the property, the Applicant has submitted an application for the annexation and zoning of the property requesting the property be zoned (L-O), Limited Office District. 5. The proposed conditional use of the property is as professional office buildings. Pursuant to the application and the accompanying letter from the Applicant's representative, the Applicant proposes the construction of three closely grouped professional office buildings located as far away from the abutting residential lots as allowed by the City's setback requirements. The three proposed buildings are designed to follow, as much as possible, the natural contours of the property so as to reduce the impact upon the nearby residential lots. The proposed landscaping adjacent to the buildings and parking areas will provide cover and a pleasing appearance. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 6. The Ada County Highway District submitted comments on the subject application, which comments are hereby incorporated herein FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. CONDITIONAL USE PERMIT - A'a, LLC as if set forth in full. Its comments included special recommendations to the Idaho Transportation Department concerning this application, which included the following: a. Driveways on Eagle Road should be prohibited within 440 feet of Franklin Road. A driveway on Eagle Road located a minimum of 440 feet from Franklin Road may be restricted to right turns in the future if the interchange is constructed at the Franklin/Eagle Road intersection. The Applicant only has 400 feet of frontage on Eagle Road; therefore, the Applicant should not have any direct lot access to Eagle Road; and b. The Applicant should be required to construct a five feet wide concrete sidewalk on Eagle Road abutting the parcel, approximately 400 feet, prior to the issuance of any required permits or District approval of a final plat, whichever occurs first. The Ada County Highway District's comments included, but not limited to, the following site specific requirements: a. The Applicant dedicate 54 feet of right-of-way from the centerline of Franklin Road abutting the property by means of a recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit or other required permits, whichever occurs first. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188; b. The Applicant is to comply with the requirements of the Idaho Transportation Department for State Highway 55 (Eagle Road) frontage. The Applicant is to submit a letter from the Idaho Transportation Department regarding said requirements prior to District approval of the final plat or issuance of a building permit or other required permits, whichever occurs first; c. The Applicant is to construct a driveway on Franklin Road, located approximately 440 feet west of the Franklin Road/Eagle Road intersection. This driveway may be restricted to right turns only due to the construction of an interchange. The driveway's entrance off of Franklin FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. CONDITIONAL USE PERMIT - A'a, LLC Road shall be designed with 20 feet of pavement on either side of a center median. The median shall be constructed a minimum of four feet wide to a total 100 square feet area, and located outside the right-of-way of Franklin Road; d. The Applicant is to construct a five feet wide concrete sidewalk on Franklin Road abutting the property, approximately 550 feet, prior to the issuance of any required permits or District approval of a final plat, whichever occurs first. The Applicant is to coordinate the need for and location of an easement with District staff; and e. Other than the access point(s) specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. 7. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted general and site specific comments which comments are incorporated herein as if set forth in full. Their general and site specific comments included the following. GENERAL COMMENTS: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district or lateral users association, with written confirmation of said approval submitted to the Public Works Department; b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; c. The Applicant will need to determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. CONDITIONAL USE PERMIT - Aga, LLC d. The Applicant will need to secure a surety for any uncompleted improvements prior to temporary Certificate of Occupancy being issued; e. The Applicant will need to coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on development plans; f. Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; g. 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. Sign permits are to be obtained prior to their construction; h. Screened trash enclosures are to be provided in accordance with City ordinances. The Applicant will need to coordinate dumpster site locations with the City's solid waste contractor. The Applicant will need to locate dumpsters so as not to impede fire access. No trash enclosure is shown on the plan; and i. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a state of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off- street parking areas. All site drainage shall be contained and disposed of on-site. SITE SPECIFIC COMMENTS: a. The legal description submitted for annexation and zoning appears to meet the minimum requirements of the City of Meridian and the Idaho State Tax Commission; b. Sanitary sewer to this site will be via an extension from the sewer main installed in Magic View Drive. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by the proposed development. The designer is to coordinate main sizing and routing with the Meridian Public Works Department; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. CONDITIONAL USE PERMIT - A'a, LLC c. Water service for this development shall be off an extension of an existing 12 inch diameter main in Franklin Road. The developer shall be responsible to extend the 12 inch diameter main in Franklin Road the entire frontage of the property. Water service to this development is contingent upon positive results from a hydraulic analysis by the City's compute model. The designer is to coordinate sizing and routing with the Meridian Public Works Department. The water mains and fire hydrants shall be installed by the developer and then dedicated to the City for ownership and maintenance; d. The Applicant is to provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed not to cause glare or adversely impact neighboring residential properties as determined by the City of Meridian; e. All landscaping is to meet the requirements of Ordinance Section 11-2-414 D 2. Underground sprinkling and a minimum of one three inch caliper tree per 1,500 square feet of asphalt is required by City ordinance. Detailed landscape plans will be reviewed during the building permit approval process. A minimum 35 feet landscape setback is required on Eagle Road beyond the right-of-way. As the site is severely impacted by the additional right-of-way on Franklin Road, the 20 feet landscape buffer shown should be sufficient. The Applicant can obtain a license agreement with Ada County Highway District to allow some limited landscaping in this area until the right-of-way is needed for roadway construction; f. Building setbacks in the (L-O) Limited Office District zone are 30 feet from the front and 25 feet on street sides. A variance would be needed to allow a reduction in the front setback under the proposed site plan. With the high-quality building proposed, the building itself would be an asset that would be better presented without a parking lot in front of it; g. A pressurized irrigation system utilizing surface irrigation water shall be required within this development. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed will need to be reviewed closely due to the size of the area to be watered; h. The project proposes a two-story structure which would be adjacent to residential backyard areas. Special design considerations need to be incorporated to ensure FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. CONDITIONAL USE PERMIT - A'a, LLC privacy is achieved. With the daytime office use, this should not be particularly intrusive. Retail use will not be permitted. A minimum 20 feet wide planting strip is required adjacent to residential properties per City ordinance. As the landscaping plan shows trees planted directly over the ditch which is to be tiled, the City will need verification from the Nampa & Meridian Irrigation District that the landscaping plan shown can be accomplished. A masonry fence or other suitable barrier may need to be provided in addition to landscaping proposed; i. The Applicant is to provide pedestrian walkways adjacent to Franklin Road and Eagle Road in accordance with City ordinance and Ada County Highway District requirements; j. The Applicant is to provide evidence by recorded warranty deed that needed right-of-way has been dedicated prior to obtaining building permits. The Applicant is to provide letters of approval from the Ada County Highway District and the Idaho Transportation Department for roadway accesses prior to obtaining building permits; k. Significant changes from the site plan approved in this conditional use permit process, as determined by the Planning and Zoning Administrator, will require re- noticing and rehearing before the Planning and Zoning Commission and the Council; and 1. The site plan needs to be corrected to show the Franklin Road centerline instead of the Eagle Road centerline. 8. The Applicant responded in writing to the general and site specific comments of the Assistant to the City Engineer and the Planning and Zoning Administrator, which responses are incorporated herein as if set forth in full. 9. The Meridian City Police Department submitted comments, which comments are incorporated herein as if set forth in full. 10. The Meridian Fire Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that all codes, and all systems for firewater FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. CONDITIONAL USE PERMIT - A'a, LLC flows, fire hydrants and fire sprinklers will have to be met. It submitted, from the 1994 Uniform Fire Code, the fire-flow requirements for buildings and commented that if the City of Meridian cannot supply the required water flows in the area of this property, a fire sprinkler system will have to be installed. 11. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full. Its comments included that it will require more data concerning the soil conditions on this proposal before it can comment; that before it can comment concerning individual sewage disposal, it will require more data concerning the depth of the high seasonal ground water; that street runoff is not to create a mosquito breeding problem; that it recommends run-off flow into grassy swales before discharging to the subsurface; and that a nutrient pathogen study may be required if on-site subsurface sewage disposal is proposed. 12. The Nampa & Meridian Irrigation District 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. 13. The Applicant's representative testified substantially as follows. The primary purpose is the construction of three professional office buildings. The proposed project meets with the City's Comprehensive Plan for the general area in which the property is located to be rezoned to commercial and mixed use. The Applicant has received the City's requirements for the annexation and zoning, and for the issuance of a conditional use permit, with FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. CONDITIONAL USE PERMIT - A'a, LLC i • which it is in concurrence. It has responded to said requirements of the City in writing by a letter to the City. The Applicant feels that this project would be an excellent use for the property compared to other possible uses for the commercial and mixed use zone. The plan is to have a very high quality construction of the buildings. The proposed construction and development is a split face masonry building with glass block and tinted glass on the exterior with an extensive amount of landscaping. The landscaping is to help both screen the project from the adjacent residential uses and to buffer noise from both major thoroughfares which this project abuts. The buildings are planned to follow the existing topography and blend into the existing terrain. The building in the northeast corner of the property is planned as two stories above ground to hide some of the parking. Some of the parking will be underneath the main building. There will be elevators in the corners of the parking area, as well as, enclosures for trash containers. The two lower buildings will be two stories each with a daylight basement concept. The lower floor will be completely below grade of the uphill side of the structure. Walkways are planned in the berms in the area adjacent to the roadways. With regard to the City's landscaping requirements, the Applicant proposes 20 feet landscaping buffer along Franklin Road due to the Ada County Highway District's request for right-of-way. Along Eagle Road there will be a 35 feet landscaping buffer. .The Ada County Highway District has not resolved whether it will require 100 feet or 54 feet of right-of-way along Franklin Road. With FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. CONDITIONAL USE PERMIT - A'a, LLC i • respect to the requirements of the Ada County Highway District, the Applicant wanted 54 feet to avoid impacts upon the zoning of the property as Limited Office District and the setback requirements from Franklin Road. In the event the right-of-way is 100 feet, the Applicant would seek a 20 feet setback from Franklin Road, which would require a variance from the required 30 feet setback. The Applicant has plans for extending the City's utilities, and it has spoken with the Public Works Department. There is a plan to extend sewer along Eagle Road from Magic View Drive. The Applicant has conducted some surveying in the area and found it can service most, if not all, of the houses which abut Springwood and Autumn Drives. The water line will be extended from the existing main that is in Eagle Road and stubbed across to Franklin Road. The water line will be stubbed along the entire frontage to the west of the property boundary. The Applicant held a neighborhood meeting to discuss any of the neighbors' concerns with the proposed project. Most of the neighbors whose homes abut the proposed project were in attendance. The discussions focused primarily upon landscaping issues, the privacy issues and views of the Boise front. The Applicant believes the proposed project fits with the City's Comprehensive Plan, and that it can meet the conditions set forth in the general and specific comments of the Assistant to the City Engineer and the Planning and Zoning Administrator. 14. Commissioner MacCoy commented that he commends the designer or architect of the buildings. The proposed buildings are FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. CONDITIONAL USE PERMIT - A'a, LLC pleasing to the eye and the layout appears feasible. The project would be a nice addition to the City. 15. In response to questions of Commissioner MacCoy, the Applicant testified substantially as follows. The proposed buildings are designed to accommodate the disabled. Inside the main building in the corners, there will be two elevators to serve the parking area and each level of the building. A connecting pathway will be constructed to connect the two other buildings with the main building. The plan provides handicap parking in the lower parking area to allow handicapped individuals access to the elevators and access to the buildings. With regard to lighting the property, the plans provide lighting at the southwestern boundary. The lighting will be directed towards the buildings and parking areas to decrease the impact from lights on adjacent residential properties. Provisions exist for bicycle and pedestrian access around the property. 16. In response to questions of Commissioner Borup, the Applicant's representative testified substantially as follows. With regard to the submitted comments, the only matter which needs to be resolved is the Ada County Highway District's right-of-way requirements along Franklin Road. The District appears not ready to commit to the 100 feet of right-of-way, and will probably require 54 feet of right-of-way. The additional space available due to the 54 feet of right-of-way will provide a little room to space the site slightly more; however, the general concept would remain the same. The request for a variance on the setback is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. CONDITIONAL USE PERMIT - A'a, LLC dependent upon the Ada County Highway District asking for 100 feet of right-of-way. 17. In response to further questions of Commissioner Borup, the Applicant's representative stated substantially as follows. With regard to the neighborhood meeting the Applicant held, they have spoken with the neighbors and, on the evening of this public hearing, the property owner living at the most westerly side. The Applicant will survey the rear areas of the neighbors' homes, and, based on the locations of their buildings, it will try to provide landscaping that will screen the neighbors from lights from the road. However, based upon the concept of professional office buildings, it expects primarily day use. The type of tenants which the proposed project may attract are professionals, such as doctors working in conjunction with St. Lukes. It does not expect the proposed project to create any significant night time activity. At the same time, the Applicant will attempt to provide the neighbors some privacy and somewhat maintain their views of the Boise front. Some of the neighbors requested that the Applicant not place large trees in the line of view of Bogus Basin or the foothills. The Applicant make a sincere effort to make the landscaping and project work for the neighbors. The Applicant plans to the the ditch coursing through the property. The planting of trees over the tiled ditch has been an expressed concern of the City's staff. The Applicant will submit its plans for tiling the ditch to the Nampa & Meridian Irrigation District and meet any requirements it has. There exists a decent landscape strip between the parking area and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. CONDITIONAL USE PERMIT - A'a, LLC the location of the ditch. The Applicant believes it has enough room to both perform some good landscaping and meet the requirements of the irrigation district. The ditch is entirely within the property's boundary. The Applicant does not think a privacy wall between the buildings and the neighbors to the south would work very well due to the topography on the property. A six to eight foot wall would probably be relatively ineffective from screening the neighbors' view of the back of the buildings because of the houses are built on the hillside. The Applicant plans to provide the screening through landscaping. It is also considering some type of fence to provide some partition or separation between the residential area and the property. 18. James Haskin testified at the public hearing questioning what requirements may be imposed upon him to connect to the City's sewer and water system. 19. Sherri Holloway testified substantially as follows. Her concern, which she discussed with the Applicant's representative, is the right-of-way requirement of the Ada County Highway District. If the District requires 100 feet of right-of-way, the landscaping will move further toward her property. If the District does not require the 100 feet of right-of-way, she desires the Applicant design the landscaping so as to block her view of the traffic into the property. 20. There were no other comments by the public regarding this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. CONDITIONAL USE PERMIT - A'a, LLC 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 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-416 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. CONDITIONAL USE PERMIT - A'a, LLC 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. 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. Pursuant to the conditions for the annexation of the property a conditional use permit would be required; 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. CONDITIONAL USE PERMIT - A'a, LLC • development will have vehicular approaches to the property which shall be designed to decrease interference with traffic on surrounding public atreeta; 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; 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 Ordinance, shall not be transferable to another owner or lessor 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. CONDITIONAL USE PERMIT - A'a, LLC c. The Applicant shall meet the comments, recommendations and requirements of the City Engineer's office and the Planning and Zoning Administrator, which include, but are not limited to the following: (1) Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605 M. Plans shall be approved by the appropriate irrigation/ drainage district or lateral users association, with written confirmation of said approval submitted to the Public Works Department; (2) Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation; (3) The Applicant shall determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans; (4) The Applicant shall secure a surety for any uncompleted improvements prior to temporary Certificate of Occupancy being issued; (5) The Applicant shall coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall be depicted on development plans; (6) Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act; (7) All signs must meet the requirements of the Uniform Sign Code and Meridian City Ordinance. Flashing signs shall not be permitted. All signs are subject to review and approval of the Planning and Zoning Department. Sign permits are to be obtained prior to their construction; (8) Screened trash enclosures are to be provided in accordance with City ordinances. The Applicant shall coordinate dumpster Bite locations with the City's solid waste contractor. The Applicant shall locate dumpsters so as not to impede fire access; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. CONDITIONAL USE PERMIT - A'a, LLC (9) All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable; (10) A drainage plan designed by a state of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off-street parking areas. All site drainage shall be contained and disposed of on-site; (11) Sanitary sewer to this site shall be through an extension from the sewer main installed in Magic View Drive. Approval of this application shall be contingent upon the City of Meridian's ability to accept the additional sanitary sewage generated by the proposed development. The designer is to coordinate main sizing and routing with the Meridian Public Works Department; (12) Water service for this development shall be off an extension of an existing 12 inch diameter main in Franklin Road. The developer shall be responsible to extend the 12 inch diameter main in Franklin Road the entire frontage of the property. Water service to this development is contingent upon positive results from a hydraulic analysis by the City of Meridian's computer model. The designer is to coordinate sizing and routing with the Meridian Public Works Department; (13) The water mains and fire hydrants shall be installed by the developer and then dedicated to the City for ownership and maintenance; (14) The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed not to cause glare or adversely impact neighboring residential properties as determined by the City of Meridian; (15) All landscaping shall meet the requirements of Ordinance Section 11-2-414 D 2. Underground sprinkling and a minimum of one three inch caliper tree per 1,500 square feet of asphalt shall be required. Detailed landscape plans shall be submitted for review during the building permit approval process; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. CONDITIONAL USE PERMIT - A'a, LLC (16) A minimum 35 feet landscape setback is required on Eagle Road beyond the right-of-way; (17 ) As the property site is severely impacted by the additional right-of-way on Franklin Road, the landscape buffer on Franklin Road shall be determined and approved by City staff; (18) Building setbacks in the (L-O) Limited Office District zone are 30 feet from the front and 25 feet on street sides. A variance shall be required to allow a reduction in the front setback; (19) A pressurized irrigation system utilizing surface irrigation water is required within this development. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system being proposed shall be reviewed closely due to the size of the area to be watered; (20) As the project proposes two-story structures adjacent to residential backyard areas, special design considerations shall be incorporated to ensure privacy for the residential area is achieved; (21) Retail use shall not be permitted; (22) A minimum 20 feet wide planting strip shall be required adjacent to residential properties per City ordinance; (23) As the landscaping plan shows trees planted directly over the ditch which is to be tiled, the Applicant shall submit written verification from the Nampa & Meridian Irrigation District that the proposed landscaping plan is acceptable; (24) Unless otherwise permitted by City staff, a masonry fence or other suitable barrier shall be provided in addition to landscaping proposed; (25) Pedestrian walkways adjacent to Franklin Road and Eagle Road shall be required in accordance with City ordinance and Ada County Highway District requirements; (26) Evidence by recorded warranty deed shall be provided to show that needed right-of-way has been dedicated prior to obtaining building permits; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. CONDITIONAL USE PERMIT - A'a, LLC (27) Letters of approval from the Ada County Highway District and the Idaho Transportation Department shall be provided for roadway accesses prior to obtaining building permits; and (28) Significant changes from the site plan presented for this conditional use permit, as determined by the Planning and Zoning Administrator, shall require re-noticing and rehearing before the Planning and Zoning Commission and the Council. d. The Applicant shall meet and comply with the comments, recommendations and requirements of the Meridian Police Department; e. The Applicant must meet and comply with the comments, recommendations and requirements of the Meridian Fire Department, which include, but are not limited to the following: (1) All codes shall be met; (2) All requirements of systems for firewater flows, fire hydrants and fire sprinklers shall be met; and (3) If fire-flow requirements for buildings, as provided in the 1994 Uniform Fire Code, cannot supply the required water flows for this property, a fire sprinkler system shall be installed. f. The Applicant must meet and comply with the comments, recommendations and requirements of the Ada County Highway District, which include, but are not limited to the following: (1) The Applicant shall dedicate 54 feet of right-of- way from the centerline of Franklin Road abutting the property by means of a recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit or other required permits, whichever occurs first; (2) The Applicant shall comply with the requirements of the Idaho Transportation Department for State Highway 55 (Eagle Road) frontage; (3) The Applicant shall submit a letter from the Idaho Transportation Department regarding its requirements prior to District approval of the final plat, issuance of a building permit or other required permits, whichever occurs first; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. CONDITIONAL USE PERMIT - A'a, LLC (4) The Applicant shall construct a driveway on Franklin Road, located approximately 440 feet west of the Franklin Road/Eagle Road intersection; (5) The driveway's entrance off of Franklin Road shall be designed with 20 feet of pavement on either side of a center median. The median shall be constructed a minimum of four feet wide to a total 100 square feet area, and located outside the right-of-way of Franklin Road; (6) The Applicant shall construct a five feet wide concrete sidewalk on Franklin Road abutting the property, approximately 550 feet, prior to the issuance of any required permits or District approval of a final plat, whichever occurs first; (7) The Applicant shall coordinate the need for and location of easement(s) with District staff; and (8) Other than the access point(s) specifically approved by Ada County Highway District, direct lot or parcel access to Franklin Road shall be prohibited. g. The Applicant must meet and comply with the comments, recommendations and requirements of the Central District Health Department; h. The Applicant must meet and comply with the comments, recommendations and requirements of the Nampa & Meridian Irrigation District; and i. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 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 21. CONDITIONAL USE PERMIT - A'a, LLC 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 BORUP VOTED COMMISSIONER OSLUND VOTED COMMISSIONER MACCOY VOTED COMMISSIONER MANNING VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOlOlENDATION ~64~ 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: U~(f~ APPROVED DISAPPROVED: FINDINGS OF FACT AND NCLUSIONS OF LAW - Page 22. CONDITIONAL USE PERMIT - A'a, LLC BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION DAVID AND BECCI CARMACK APPLICATION FOR ANNEXATION AND ZONING 1705 W. PINE WEST OF CINDER ROAD, SOUTH OF PINE STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on March 11, 1997, at the hour of 7:00 o'clock p.m., one of the applicants, Becci Carmack, appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for March 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 11, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included in the application for annexation and zoning is described in the application, and by this reference FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. CARMACK i ~ is incorporated herein as if set forth in full. The property is approximately one-half acre in size. 3. The applicants are the owners of record of the property. 4. On May 21, 1996, the applicants made a request to the City of Meridian to hook up to City water. Upon motion and unanimous vote of the City Council, the City granted the applicants' request to hook up to City water for a one water hook up fee, and requiring the applicants to proceed with annexation of the property, and to hook up to City sewer as quickly as possible. 5. The property is presently zoned by Ada County as R1 Estate Residential Zone, and is presently used as a residence by the applicants. The applicants request the property be zoned (R- 2), Rural Low Density Residential District. 6. The applicants do not intend to change the use of the property. 7. The property is located west of Linder Road and adjacent to Pine Street. 8. The Ada County Highway District 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. 9. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein as if set forth in full. Their comments included the following. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. CARMACK a. This annexation request is a result of well failure on the property and the applicants' need to connect up to City water. In or about May of 1996, the City agreed to allow the emergency hookup provided annexation was initiated and completed by the applicants. b. This request for annexation and zoning of R-2 would appear to be compatible with the surrounding uses. The properties to the north, south and east are zoned R-4, with the property on the western boundary zoned R-1 in Ada County. A request of R-4, because of the size of the property, could cause a higher property tax assessment due to the property's ability to be subdivided. It appears that the minimum lot size of 18,000 square feet will not be met by this property (0.408 [acres in size]). Perhaps a zoning of (R-3) Rural Medium Density Residential District, which requires a minimum lot size of 12,000 square feet, would be amore appropriate zone. This change would not be significant and would not require a new hearing. c. Issuance of any future building permits would be contingent upon meeting the conditions of the R-3 zone. d. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. e. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. f. Sanitary sewer can be provided via a line in Pine Street. The Applicant will be required to pay applicable assessments, and hook up to sewer service upon annexation per Meridian City Ordinance. Water has been provided via a line in Pine Street. 10. The Meridian Fire Department and the Meridian City Police Department submitted comments, which respective comments are incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. CARMACK • 11. Central District Health Department submitted comments which comments are incorporated herein as if set forth in full; connection to Meridian municipal sewer should be completed. 12. The Nampa & Meridian Irrigation District submitted comments, which comments are hereby incorporated herein as if set forth in full. 13. Becci Carmack, one of the applicants, testified substantially as follows. This application is not the result of a commercial project or monetary gain. The applicants will receive no compensation for their expenses. The applicants have resided at the property for approximately 14 years. The house and property have not changed since they have owned the premises. The property has had its own water system and septic system, until May of 1996. In May of 1996, the well went out and could not be repaired. The applicants were without water for five days. For the purpose of securing another water source, the applicants requested to hook up to City water. The applicants received encouragement from City staff to pursue annexation of the property into the City of Meridian, and they did pursue annexation. Their application was apparently lost for approximately five months. They have been waiting to see what would occur with their application. They received the comments from City staff on the evening of this hearing. They do not perceive any real problems with the comments, other than the requirement of connecting to City sewer. They have no problem hooking up to City sewer when their septic system no longer functions; however, they do not want to hook up until such FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. CARMACK time. She requested that they not have to hook up to City sewer until their septic system fails. She also questioned the suggestion in the comments of City staff that the zoning of the property be R-3 rather than R-2. She does not know what the different zoning classification would entail. There exists no location on the property to construct another residence or to construct other structures. 14. Commissioner Borup commented that the comment on the R-3 zoning of the property rather than R-2 related to the minimum square footage required for the R-2 zoning and that the size of applicants' property does not meet minimum square footage requirements for R-2 zoning. In response, Becci Carmack substantially stated that the size of the property is close but not quite the size. 15. In response to a question of Chairman Johnson, Becci Carmack testified that she has no problem with an R-3 zoning of the property rather than an R-2 zoning; she does not perceive any difference. 16. In response to a request for clarification by Chairman Johnson, the City Engineer, Gary Smith, stated substantially as follows. As a standard comment, the City requires a hook up to City sewer at the same time there is a hook up to City water. It is a comment which is made in response to similar applications. 17. In response to a question of the City Engineer, Gary Smith, Becci Carmack further testified substantially as follows. Although the property had not been annexed into the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. CARMACK Meridian, they did not pay a double assessment fee when they connected to City water, such requirement was waived. 18. There were no other comments by the public regarding this application. 19. The property requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan and in the Meridian Area of Impact. 20. The property can presently be physically serviced with City sewer and water if the applicant constructs and installs the necessary equipment and facilities. 21. The property is in an area designated on the Generalized Land Use Map of the Meridian Comprehensive Plan as existing urban. In the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre. 22. The R-2, Rural Low Density Residential District is described in the Zoning and Development Ordinance, 11-2-408 B. 1 as follows: (R-21 Rural Low Density Residential District: The purpose of the (R-2) District is to permit the establishment of rural low density single-family dwellings, and to delineate those areas where predominately rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of rural residential areas by prohibiting the intrusion of incompatible non-residential uses. The (R-2) District allows for a maximum of two (2) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. CARMACK 23. Pursuant to the Zoning and Development Ordinance, 11-2- 410 A, the minimum lot area in the (R-2) Rural Low Density Residential District shall be 18,000 square feet. 24. The R-3, Rural Medium Density Residential District is described in the Zoning and Development Ordinance, 11-2-408 B. 2 as follows: (R-31 Rural Medium Density Residential District: The purpose of the (R-3) District is to permit the establishment of rural medium density single-family dwellings, and to delineate those areas where predominately medium density rural residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of the medium density rural residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-3) District allows for a maximum of three (3) dwelling units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian. 25. Pursuant to the Zoning and Development Ordinance, 11-2- 410 A, the minimum lot area in the (R-3) Rural Medium Density Residential District shall be 12,000 square feet. 26. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, "2. RESIDENTIAL POLICIES 2.1U Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums etc.) for the purpose of providing the City with a range of affordable housing opportunities." COMPREHENSIVE PLAN CITY OF MERIDIAN at page 23. 27. Section 11-9-605 M of the Zoning and Development Ordinance provides in part: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. CARMACK All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 28. Proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicants' property. 2. The City of Meridian has authority to annex land pursuant to Idaho Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. There has been compliance with all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. CARMACK 5. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. As a requirement of the City's grant of the Applicants' request to connect to City water, the applicants have pursued the annexation of the property. 8. As the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d. 1075 (1983). 9. The annexed land, if annexed, and the development thereof shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-606 B 8. which pertains to the connection of City water and sewer; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The use and the development of the property shall be subject to and controlled by the Zoning and Development Ordinance of the City of Meridian. 11. As the square footage of the property does not meet the minimum lot area required in the (R-2) Rural Low Density FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. CARMACK • i Residential District pursuant to 11-2-410 A, but meets the minimum lot area required in the (R-3) Rural Medium Density Residential District, and the applicants have no objection to an (R-3) zoning district of the property, it is concluded that the property should be annexed and zoned (R-3) Rural Medium Density Residential District. 12. The zoning of the property as an (R-3) Rural Medium Density Residential District would be compatible to the surrounding area. 13. It is therefore concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the property may be de-annexed. 14. The requirements of the Meridian City Engineer, Meridian Planning and Zoning Administrator, Central District Aealth Department, the Nampa & Meridian Irrigation District and other governmental agencies shall be met, and if not met the property shall be subject to de-annexation. -=5~_All ditches, canals, and waterways _shall._...11e..-t~Yed s a condition of annexation an~-i~f--h©t__s.cz_,tiled, the property shall be subject to de-annexation. - - 6. Pressurized irrigation_ .__.ahel'3'""-"~be~ installed and constructed, and if- not s `tlc3ne--#.h$ .property shall be subject to __ - --__ _. de-annexation. - -- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. CARMACK 17. The Applicant shall be required to connect the property to City water and sewer, extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the applicants', or their successor's, or successors' cost and expense. Said water and sewer requirements shall be performed immediately. 18. These conditions shall run with the land and bind the applicants and their successors in interest, assigns, heirs, executors or personal representatives. 19. With compliance of the conditions and requirements contained herein, the annexation and zoning of the property as (R- 3) Rural Medium Density Residential District would be in the best interest of the City of Meridian. 20. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. APPROVAL OF FINDINt~S 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 OSLUND VOTED COMMISSIONER MACCOY VOTED COMMISSIONER MANNING VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. CARMACK „~..a! ~lF~y DECISION AND RECOMNENDATION The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law; that if the applicants are not agreeable with these Findings of Fact and Conclusions of Law, the property should not be annexed. MOTION: APPROVED• ~~~~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. CARMACK • • BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION LARRY A. AND KAY M. HANSEN APPLICATION FOR ANNEXATION AND ZONING SOUTH OF PINE STREET AND WEST OF 8TH STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on March 11, 1997, at the hour of 7:00 o'clock p.m., one of the applicants, Larry Hansen, appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for March 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 11, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately one acre in size. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. HANSEN 3. The applicants are the owners of record of the property. 4. The property is presently zoned by Ada County as RT, Rural Transitional. Pursuant to the application, the northern one- quarter acre of the property is used as the residence of the applicants, and the southern three-quarters acre of the property is vacant pasture land. The applicants request the property be zoned (R-15), Medium High Density Residential District. The applicants have requested the annexation and this zoning, and the application is not at the request of the City of Meridian. 5. Pursuant to the application, the northern one-quarter acre of the property shall continue to be used as the residence of the applicants. The southern three-quarters acre of the property shall be developed for multi-family dwellings such as duplexes and fourplexes. 6. The property is located off of Pine Street and west of 8th Street, and is in close proximity to existing homes and residential areas. 7. The Ada County Highway District 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. 8. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein as if set forth in full. Their comments included the following. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. HANSEN a. The applicants need to of the property prepared Registered Land Surveyor pe provide a legal description and stamped by an Idaho r City Resolution 158; b. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; c. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; d. Water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model; e. The treatment capaci~ Treatment Plant is current of this application need City's ability to accept t generated by this proposes to this site will not be z mains in Pine Street are provide service to the si Street, in coordination development [to the east viable alternative. Water mains in Pine Street. The to construct the sewer and :y of the Meridian Wastewater ly being evaluated. Approval to be contingent upon the he additional sanitary sewage development. Sanitary sewer simple task. Existing sewer hallow and may not be able to :e. Extensions through Idaho with the Lorin Saunders of the property], could be a could be provided via existing applicants will be responsible water mains t_o and thrnnrth an.. proposed development. The designer of any future development is to coordinate main sizing and routing with the Meridian Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of roadway centerlines. Water lines shall be located on the north and east sides of roadway centerlines; f. This request for annexation and zoning of R-15 would appear to be compatible with the surrounding uses, provided buffering of adjacent single-family homes is included in development plans. Several single-family homes have been split off along Pine Street, and this property has no frontage. The applicants do, however, own a separate 40 feet wide parcel of land fronting on Pine Street to allow access to the parcel. It would be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. HANSEN desirable for a planned development to incorporate this access. Idaho Avenue will need to be extended to the westernmost property boundary in accordance with Ada County Highway District standards, with five feet wide sidewalks on both sides. The applicants are to provide 50 feet radius paved temporary turnarounds at any proposed stub streets; g. All developments within the R-15 zone must have direct access to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal water and sewer systems of the City of Meridian. The applicants have submitted no information to substantiate conformance with these requirements; h. In the R-15 zone, minimum lot size is 2,400 square feet per dwelling unit. Any duplex units would be required to have a two-car garage for each unit. Single- family detached housing would require a minimum size of 1,301 square feet. Duplex units would require a minimum of 800 square feet per unit, exclusive of a garage; i. A development agreement/detailed conditions of approval are required as a condition of annexation. Because of the numerous issues involved, and as no uses or site plan are shown for the property, annexation should not be considered without the requirement that all uses, regardless of whether permitted in the R-15 zone, are to be developed under the conditional use permit process. The applicants should coordinate plans with Lorin Saunders, a contiguous property owner, for a planned unit development; and j. Further conditions will be examined when the application(s) for conditional use permit/plat are submitted. If planned correctly, this property could be an excellent in-fill development project. No splitting of parcels will be permitted without going through the platting and recording process. 9. The Meridian Fire Department, Meridian City Police Department, and Nampa & Meridian Irrigation District submitted comments which respective comments are incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. HANSEN 10. 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 this proposal for central sewage and central water; that plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality; that street runoff is not to create a mosquito breeding problem; that it recommends the first one half inch of stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that the engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. 11. Larry Hansen, one of the applicants, testified substantially as follows. The property borders property owned by Lorin Saunders. If this application is approved, it is the applicants' intention to work with Mr. Saunders to develop the property through the construction of duplexes, and, with the applicants' understanding of Mr. Saunders' intentions, extend Idaho Street westward. The extension of Idaho Street would intersect and pass through the property. Sewer and water services would be brought to the property through Idaho Street. He has received and read the comments submitted on this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. HANSEN 12. In response to questions of Commissioner Borup, Mr. Hansen further testified. With reference to access to the property from Pine Street, he has not discussed with the Ada County Highway District such issue. However, he does not believe access from Pine Street is feasible because the access would come within 10 feet of the front door of his residence. If the access was brought through on the 40 feet section, which the applicants own and which is their driveway, such access would conflict with the use of their house. He does not have any intention of accessing the property from Pine Street. He recognizes that such access would be desirable, but he does not know whether it would be feasible. 13. In response to questions of Commissioner MacCoy, Mr. Hansen testified that he has received, read and has no problems with the comments on this application. With regard to the comments, there exist matters, which without the cooperation of Mr. Saunders, would be very difficult to meet. The hope is that the applicants and Mr. Saunders can make the development of their respective properties a joint effort and jointly meet the comments and requirements imposed. With regard to the proposed development of the property with the construction of multi-family dwellings, in the area there are multiple fourplexes. The proposed development of the property would be compatible with the development of Mr. Saunders' property. 14. Vern Alleman testified substantially as follows in opposition to the application. His concerns pertain to an increase in the crime rate and other impacts which occur in a high density FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. HANSEN (R-15) development of property. He has spoken with several of his neighbors and not one of them are in favor of the R-15 zoning of the property. In view of his concerns and Mr. Saunders' intentions with regard to the development of his property, the zoning of the property should be limited to R-8. 15. There were no other comments by the public regarding this application. 16. The property requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan and in the Meridian Area of Impact.; 17. The property can presently be physically serviced with City water if the applicants construct and install the necessary equipment and facilities; however, the property cannot be easily serviced by City sewer. The existing sewer in Pine Street may be too shallow to provide service to the property. The extension of the sewer in coordination with the development of Lorin Saunders' property, located to the west of the property, could be a viable option to provide City sewer to the property. The applicants would have to construct and install the necessary equipment and facilities for the extension of the City sewer to the property. 18. The property is in an area designated on the Generalized Land Use Map of the Meridian Comprehensive Plan as existing urban. In the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. HANSEN ~~' fr b..r - 19. The R-2', Rural Low Density Residential District is ~-n' ; ~ , f described in the Zoning and Development Ordinance, 11-2-408 B 5. as follows: (R-15) Medium High Density Residential District: The purpose of the (R-15) District is to permit the establishment of medium-high density single-family attached and multi-family dwellings at a density not exceeding fifteen (15) dwelling units per acre. All such districts must have direct acceae to a transportation arterial or collector, abut or have direct access to a park or open space corridor, and be connected to the Municipal Water and Sewer systems of the City of Meridian. The predominant housing types in this district will be patio homes, zero lot line single-family dwellings, townhouses, apartment buildings and condominiums. 20. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, "2. RESIDENTIAL POLICIES 2.1U Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums etc.) for the purpose of providing the City with a range of affordable housing opportunities." COMPREHENSIVE PLAN CITY OF MERIDIAN at page 23. 21. Section 11-9-605 M of the Zoning and Development Ordinance provides in part: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 22. Proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. HANSEN 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 property. 2. The City of Meridian has authority to annex land pursuant to Idaho Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning Commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. There has been compliance with all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian. 5. The Planning and Zoning Commission and the Council may take judicial notice of government ordinances, and policies, and of the actual conditions existing within the City of Meridian and the state of Idaho. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. The annexation application has been initiated by the applicants, and is not upon the initiation of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. HANSEN 8. As the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d. 1075 (1983). 9. The development of annexed land must meet and comply with the Ordinances of the City of Meridian. 10. The use and the development of the property shall be subject to and controlled by the Zoning and Development Ordinance of the City of Meridian. 11. The City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning and Development Ordinance to reflect the changes made in the Comprehensive Plan. Thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning and Development Ordinance may not address provisions for the use. It is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. Although, pursuant to the application, the applicants intend to develop a portion of the property with multi-family dwellings such as duplexes and fourplexes, the applicants have not presented any specific plans concerning their intention for the development of the property. The property could be annexed and zoned (R-15) Medium High Density Residential District, but once the property was zoned (R-15) Medium High Density Residential District, the applicants could place different uses on the property without FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. HANSEN • additional approval from the City other than building permits, which limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. It is, therefore, concluded, as a condition of annexation and zoning, that any use or development of the property shall only be allowed under the conditional use process. 13. Section 11-2-417 D of the Meridian Zoning And Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. It is concluded, however, that it is more appropriate for a development agreement to be entered into when plans for development of the property are determined and confirmed, and, therefore, as a condition of annexation a development agreement must be entered into prior to development of the property or issuance of final plat approval. 14. It is further concluded that upon annexation, as conditions of annexation, the applicants shall be required to enter into a development agreement as authorized by 11-2-416 L, and that the development agreement shall address, among other things, the following: a. Inclusion into the development the requirements of 11-9-605; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. HANSEN b. Payment by the applicants, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City; c. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee, or fees, for park, police, and fire services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; g. Submission and approval of individual building, drainage, lighting, parking, and other development plans of the property; h. Harmonizing and integrating the site improvements with the surrounding residential development and other development; i. Addressing the comments of the Planning & Zoning Administrator; j. The sewer and water requirements; k. Traffic plans and access into and out of any development; and 1. Any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing. 15. It is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, and it is concluded that the annexation shall be conditioned on meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de-annexed. 16. The Commission takes judicial notice of the following. When the Commission approved and adopted the Findings of Fact and Conclusions of Law and made its recommendations to the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. HANSEN for Lorin Saunders' application for the rezone of the property, it concluded, as a condition of the grant of the zoning amendment, that the development of that property shall be restricted to a minimum of two-family dwellings (duplexes) at a density not exceeding eight dwelling units per acre. As the property is similarly situated to the property of Mr. Saunders, the Commission concludes that the imposition of the same condition as imposed with regard to Mr. Saunders' property is appropriate based upon conditions existing in the area of the property and within the City of Meridian. It is, therefore, concluded, that, upon annexation, as conditions of annexation, the development of the property shall be restricted to a minimum of two-family dwellings (duplexes) at a density not exceeding eight dwelling units per acre. 17. The requirements of the Meridian City Engineer, Ada County Highway District, Meridian Planning and Zoning Administrator, Central District Health Department, the Nampa & Meridian Irrigation District and other governmental agencies shall be met and addressed in a development agreement. 18. All ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 19. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 20. The applicants shall be required to connect the property to City water and sewer, extend the water and sewer lines to serve FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. HANSEN the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the applicants', or their successor's, or successors' cost and expense. Said water and sewer requirements shall be performed immediately. 21. The development of the property shall be subject to and controlled by the Zoning and Development Ordinance and the development agreement, and it shall only be developed under the conditional use process. 22. These conditions shall run with the land and bind the applicants and their successors in interest, assigns, heirs, executors or personal representatives. 23. With compliance of the conditions contained herein, the annexation and zoning of the property as (R-15) Medium High Density Residential District would be in the best interest of the City of Meridian. 24. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. HANSEN 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 /J~/~~~7 COMMISSIONER OSLUND VOTED fI-~ `~' COMMISSIONER MACCOY VOTED COMMISSIONER MANNING VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. HANSEN DECISION AND The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the applicants or their successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement, that the property only be developed under the conditional use process and that, upon annexation, as conditions of the annexation, the development of the property shall be restricted to a minimum of two-family dwellings (duplexes) at a density not to exceed eight dwelling units per acre. If the applicants are not agreeable with these Findings of Fact and Conclusions of Law and are not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: G r DISAPPROVED: ~~A I~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. HANSEN BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION HUNTER INVESTMENT, INC. APPLICATION FOR CONDITIONAL USE PERMIT FOR GENERAL COMMERCIAL TO INCLUDE RETAIL 815 EAST 1ST STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAii The above entitled conditional use permit application having come on for public hearing on March 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Howard Foley, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes i the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 11, 1997 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. This property is located within the City of Meridian and the Applicant is owner of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. HUNTER INVESTMENT, INC. 3. Pursuant to the application, the request is for a conditional use permit for general commercial, including retail sales. The property is presently used as a newspaper publication and sales office, and an antique store. The future plans for the property are to change that portion of the property presently used for an antique store to an espresso shop and bakery with accompanying sales and service. The Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 4. The property is currently zoned (OT) Old Town. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Bakery Stores, Retail Stores and Restaurants 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 an espresso shop and bakery with accompanying sales and service is required. 5. The (OT) Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OTl Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. HUNTER INVESTMENT, INC. 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 property is located at 815 East 1st Street, Meridian, Ada County, Idaho. 8. Pursuant to the application, the property is presently surrounded by restaurant, commercial and retail businesses. Immediately to the south of the property is the Sunrise Cafe and further south is E1 Zocalo Restaurant. A city pocket park is scheduled for construction to the east. To the east of the property and south of said park is the old Intermountain Arms building. Immediately, to the north and west of the property is the Nazarene Church. To the northeast of the property is an automobile body shop and a lawn mower repair shop. To the north of the automobile body shop and lawn mower repair shop is Paisanos' Italian Restaurant. 9. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full. Their comments included, but are not limited to, the following: a. Each tenant shall obtain a Certificate of Occupancy prior to opening for business; b. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. HUNTER INVESTMENT, INC. c. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes; d. Screen 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. The Applicant is to locate dumpsters so as not to impede fire access; e. The 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; and f. The property does not provide any off-street parking. A vacant dirt lot south of the building is being used for parking. The Applicant should obtain a signed agreement with the Valley Shepherd Church of the Nazarene, if possible, to allow parking on the Church's property. 10. The Ada County Highway District 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. Central District Health Department, submitted comments, which comments are hereby incorporated herein as if set forth in full; that after written approval from appropriate entities are submitted, it can approve this proposal for central sewage and central water; and that Central District Health Department will require plans to be submitted for a plan review of any food establishment. 12. Meridian City Police Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. HUNTER INVESTMENT, INC. 13. Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; that this application will be okay with the Meridian Fire Department if all codes are met. 14. The Applicant's representative, Howard Foley, testified substantially as follows. With regard to the comments submitted by City staff, the applicant does not know whether the comment concerning the need for a conditional use permit is a standard comment. Many things [business activity] have occurred in the Old Town District, and the property has been used for different purposes, including Popcorn Alley and as the original telephone building in the City of Meridian. What uses will occur in the future is a guess. Rather than being obstinate as to whether a conditional use permit is required, the Applicant recognizes that the property is in the Old Town District and, accordingly, is proceeding with the application. The Applicant has no problems with the requested conditions which are set forth in the comments from the City staff. With regard to comment number 4. of the memorandum from the Assistant to the City Engineer and the Planning and Zoning Administrator, the Applicant provides one trash can, and it seems excessive to the Applicant to provided a screened trash enclosure. If a screened trash enclosure is necessary, the Applicant is happy to provide it. With regard to comment number 5. of said memorandum, it is difficult for the Applicant to assess any anticipated water or sewer needs. The Applicant does not know how to determine the anticipated amount water or sewer use an espresso FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. HUNTER INVESTMENT, INC. shop will require. The Applicant would be willing to request from the Nazarene Church a signed agreement for parking. The parking areas of the Nazarene Church have been used in the past. 15. In response to questions of Commissioner MacCoy, the Applicant's representative testified substantially as follows. He did not see a request that the Applicant pave the alleyway. The area which extends beyond the structure on the property is approximately 10 feet to the south and 20 feet to the west. The area which surrounds that area is not owned by the Applicant. He believes this area is owned by the Nazarene Church. There exists a partition wall dividing the building between the portion used for the Valley News and the portion of the building to be used by the proposed espresso/bakery shop. The wall is not a bearing wall. He does not know whether the espresso/bakery shop will expand to take over the entire building. The Applicant offered the entire building to the entity which owns the Valley News, but it declined to take the additional space. 16. In response to questions of Commissioner Borup, the Applicant's representative testified substantially as follows. There is a shared use of the parking areas and trash facilities with neighboring properties. The shared use of these areas and facilities is based upon an understanding that the neighboring properties can share them. There has not been a written agreement into which anyone has entered for the shared use. He believes there may exist concerns by the officers of the Nazarene Church that they do not want to be bound or bind future officers. He is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. HUNTER INVESTMENT, INC. willing to request a written agreement from the Nazarene Church for use of the parking area. Since the Applicant purchased the property, there has been the shared use of the parking areas and facilities. However, there is no way in which he can for certain obtain an agreement from the Nazarene Church for the shared use. 17. In response to further questions of Commissioner Borup, the Applicant's representative testified substantially as follows. The Nazarene Church owns the vacant lot to the west of the property. The Sunrise Cafe owns the vacant lot between the property and the Sunrise Cafe building. 18. Chairman Johnson commented with the Applicant's representative's comments concerning the attempt to obtain a written agreement with the Nazarene Church. He stated that he has been through the same process with the Church. The Church would prefer not to have anything in writing, but is very agreeable to allow the use of the parking areas. 19. There was no further testimony given at the hearing. CONCLUSIONS O1~ 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. HUNTER INVESTMENT, INC. C~ • 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 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. HUNTER INVESTMENT, INC. 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 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 and Development Ordinance requires a conditional use permit to allow the use; c. The use is designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; e. The property has sewer and water service already connected, 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. HUNTER INVESTMENT, INC. • excessive production of traffic, noise, smoke, fumes, glare or odors; h. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning 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. Each tenant shall obtain a Certificate of Occupancy prior to opening for business; 2. 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; 3. All signage shall receive design approval of the Planning and Zoning Department; 4. A-frame and other temporary signs shall not be permitted and shall be removed upon three days notice to the Applicant; 5. Sign permits shall be required for all signage; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. HUNTER INVESTMENT, INC. 6. New construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes; 7. Screen trash enclosures shall be provided in accordance with City ordinance; 8. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor; 9. The Applicant shall locate dumpsters so as not to impede fire access; 10. The Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged; 11. The Applicant shall enter into a re-assessment agreement prior to issuance of a Certificate of Occupancy; 12. The Applicant should obtain, if possible, a signed agreement with the Valley Shepherd Church of the Nazarene to allow parking for the property on the Church's property; and 13. The Applicant shall submit and obtain approval from Central District Health Department of their plan for the food establishment. c. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein, other conditional use applications, or the ordinances of the City of Meridian. 10. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 11. 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. HUNTER INVESTMENT, INC. U APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LA1P 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 OSLUND VOTED COMMISSIONER MACCOY VOTED COMMISSIONER MANNING VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RSCOMMSNDATION Y~Fi~-~ 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: APPROVSDr~~~l~ll~ DISAPPROVED: FINDINGS OF FACT AND C~LUSIONS OF LAW - Page 12. HUNTER INVESTMENT, INC. BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION RHONDA WILLIAMSON/R-HOUSE CHILD CARE APPLICATION FOR CONDITIONAL USE PERMIT FOR CHILD CARE CENTER 208 EAST 3RD STREET MERIDIAN, IDAHO FINDING3 OF FACT AND CONCLUSIONS OF LAW The above entitled application for a conditional use permit having come on for public hearing on March 11, 1997, at the hour of 7:00 o'clock p.m., the Applicant, Rhonda Williamson appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 11, 1997 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. This property is within the City of Meridian and located at 208 East 3rd Street, Meridian, Ada County, Idaho. 3. The Applicant is not the owner of record of the property. The record owners of the property are Mike and Dianna Scherer, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. RHONDA WILLIAMSON/R-HOUSE CHILD CARE they have consented to the application for the Conditional Use Permit. 4. Pursuant to the application, the proposed use of the property is a child care facil}ty with a capacity of 15 to 20 children. The Zoning and Development Ordinance defines a Child Care Center as "A child care facility which provides care for more than twelve (12) children throughout the day." Pursuant to the Zoning and Development Ordinance, the proposed use of the property is as a Child Care Center. 5. Pursuant to the application, the Applicant agrees to pay additional sewer, water or trash fees or charges associated with the proposed use of the property. 6. The property is currently zoned (OT) Old Town. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Child Care Center, is listed as conditional uses in the (OT) Old Town District and, therefore, in the (OT) Old Town ~istrict a conditional use permit for the operation of a Child Care Center is required. 7. The (OT) Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT1 Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. RAONDA WILLIAMSON/R-HOUSE CHILD CARE 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. 8. Conditional Use Permit is defined in the Zoning and Development Ordinance as a "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 9. The Applicant testified substantially as follows. She plans on expanding her current child care business which presently exists in her home. Currently, there are five children in her child care. As part of the expansion of her child care business, she is purchasing the property in which she will operate her child care business. She has been in personal contact with the neighbors whose property adjoins the property. She states that these neighbors have given her positive feedback on her proposed use of the property. The general hours will be from 7:00 a.m. to 6:00 p.m., Monday through Friday. The business will be closed Saturdays and Sundays. The total number of children will be 20, the ages of whom are newborns to five years of age. She and her husband will own and operate the child care business, and will be the employees of the business. 10. The Applicant further testified substantially as follows. She has prepared vicinity maps of the property, which presents two configurations, Plan "A" and Plan "B," for the property. She has met with the Ada County Highway District concerning the use of the property. With regard to her discussion with the Ada County Highway District, there exist two potential configurations for the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. RHONDA WILLIAMSON/R-HOUSE CHILD CARE property. She wants to create a "home away from home" atmosphere for the business. She wants to preserve the appearance of the neighborhood and keep the property's appearance as a home. She wants to avoid the property appearing as a "day care center." In this regard, she will not place a business sign in front of the property. She wants to make the appearance of the property and the business a "home day care," but with a greater number of children. She is able to provide three parking spaces on the property; however, in speaking with City staff, she understands that the property needs four parking spaces. If the Ada County Highway District does not object, she desires to use the configuration for the property identified as Plan "A." Plan "A" provides the fourth parking space as a paved on-street parking space. If Plan "A" is not acceptable then she would use the configuration for the property identified as Plan "B," which would provide the fourth parking space on the property in front of the house on the property. She will use which ever configuration is best for the neighborhood, whether that be Plan "A" or Plan "B." However, she again reiterates that she wants the appearance of the business to be "home away from home." 11. The Applicant testified that she has read the comments received on the application. She will comply with the requirements stated in those comments. 12. Edith and Calvin Harris Buchanan submitted a letter objecting to this application, which letter is incorporated herein as if set forth in full. Chairman Johnson commented and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. RHONDA WILLIAMSON/R-HOUSE CHILD CARE acknowledged that the Commission had received said letter from Edith and Calvin Harris. 13. In response to questions from Chairman Johnson concerning the letter from the Edith and Calvin Harris, the Applicant substantially testified that she has spoken with them a number of times and personally met with them twice. She received no indication from them whether they were opposed to the application. 14. Chairman Johnson commented that he understood the Applicant's desire with regard to the appearance of the business, however, the Commission's concerns focus upon life safety an element of which is parking. With regard to a question from Chairman Johnson concerning the configuration of the property to meet the parking requirements, the Applicant testified that under Plan "B" the additional off-street parking space is provided at the front of the house on the property. 15. In response to a question of Chairman Johnson concerning the number of children at the business, the Applicant testified substantially as follows. She and her husband can manage 13 plus children. She has taken care of five plus children for two years. She has a degree in child development and originally started working in social work. Due to the atmosphere of the social work, she decided to start shaping children at an early age rather than reacting to that which occurs later. The care of children has become a love of hers and the line of work she desires to pursue. 16. In response to questions of Commissioner MacCoy, the Applicant substantially testified as follows. One of the children FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. RHONDA WILLIAMSON/R-HOUSE CHILD CARE i.s her child. In Lerms o£ the square footage of the building on l-he property, the maximum number of children permitted is 20. Commissioner MacCoy commented that 20 children at the proposed day care facility seems to be a lot. The Applicant responded that she has set goals for tine ratio of the age of the children. She will not have 20 infants. Rather, she will allow two infants and four ~:hildrezz under the age of two. This number of infants and children ~ri?~l.er tv~o is based upon her personal rules and guidelines and the att~^ti.ou such aged children require. The older children, toddlers L'o nr?-sc.hoo.1 age g;.nerall.y play together. The house on the prn¢;ert~r is noC a huge house and she and her husband shall have a watchful eye over the children. 17. The Applicant further testified substantially as follows ir. response to further questions of Commissioner MacCoy. fler business will be open to all children, including handicapped. When ;;lie receives a handicapped child or children, they will address the iNsues presented and respond to whatever is required. The configurations of the property do not depict the location of the proposed six feet high fence along the three parking spaces. This six feet high privacy Terre will be erected along the area where the three parking spaces are to be located and run to the new fourteer. feet high privacy fence depicted on the configurations. 7.'hi.s fence will have a locking gate. She. will use a combination lock on the gate. Slie has been very successful with the children, a.tzd the children and L-heir safety are her top priority. With regard to an increase in the noise level due to the children, the t:'7:TdDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. RFOT3DA WILLIAMSON!R-HOUSE CHILD CARE Applicant testified that the Edith and Calvin Harris were concerned with children climbing on their fence. The new privacy fence to be constructed will prevent access to their fence. There are no neighbors directly behind the property. To the south of the property is Weast TV and to the southeast and northeast is a construction company. The privacy fence will help reduce the amount of noise. 18. In response to questions of Commissioner Borup, the Applicant substantially testified as follows. With regard to the number of children, Health and Welfare has a ratio of 1 [adult] to 12 [children]. The configuration of the parking areas is based upon her discussion with the Ada County Highway District. It recommended that three parking spaces be located to the north of the house on the property and one parking space at the front of the house. She developed the configurations depicted as Plan "A" and Plan "B" based upon the recommendations of the Ada County Highway District. 19. Shari Stiles commented that in regard to the off-street parking requirement, the Applicant believed her property extended to the edge of the pavement on East 3rd Street. However, in fact the right-of-way is 80 feet so the right-of-way extends beyond the pavement to the existing sidewalk, which area is not paved. The Applicant stated that it was her impression that the property extended to the edge of the existing pavement. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. RHONDA WILLIAMSON/R-HOUSE CHILD CARE 20. The Applicant testified that there are no open ditches, swimming pools or open water on the property. Further, no dogs are on the property; it will be used primarily for child care. 21. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which comments are incorporated herein as if set forth in full. Their comments included the following: a. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; c. The Applicant is to provide a copy of daycare license(s) from the Idaho Department of Health & Welfare prior to obtaining a Certificate of Occupancy. Operator's licenses shall be available on the premises at all times for inspection; d. The Applicant is to provide Social Security Numbers of the owner(s), operator(s) and all employees of the facility; e. Screening of adjacent residential properties is to be provided through landscaping and fencing; f. The conditional use permit shall be subject to annual review, or more often if conditions warrant; g. All signage shall be subject to design review by the Planning and Zoning Administrator. All signs require a sign permit. A-frame and other signs of a temporary nature will not be permitted as part of this conditional use permit. Upon three days notice to the Applicant, any violating signs can and will be removed from the property; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. RHONDA WILLIAMSON/R-HOUSE CHILD CARE h. No unpaved areas are to be used for parking. All parking spaces are to meet the requirements of City Ordinance 11-2-414, the Ada County Highway District and the Americans with Disability Act. In no case shall any part of a parking area be closer than four feet (4') to any established street or alley right-of-way. A minimum four feet wide planting screen shall be constructed adjacent to any residential property; i. The Applicant is to submit a drainage plan and calculations designed by a state of Idaho licensed architect or engineer for all off-street parking areas for review and approval by the City Engineer/Public Works Department; j. Landscaping and underground sprinkling of all landscaped areas shall be provided per City ordinance; k. Illumination of the site shall not cause glare or impact adjacent properties, as determined by the City; 1. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height, or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for collection of trash or garbage as determined by the Administrator shall be provided; m. 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 she has with regard to anticipated water demand. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian; n. Five feet wide pedestrian walkways are to be provided in accordance with City ordinance; o. The building shall meet all applicable Uniform Fire Code and Uniform Building Code requirements prior to obtaining a Certificate of Occupancy; and p. The Applicant is to obtain a Certificate of Occupancy prior to operation of the child care center. A letter of credit or cash for all improvements would be needed prior to granting temporary occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. RHONDA WILLIAMSON/R-HOUSE CHILD CARE 22. Meridian City Police Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 23. Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; all codes must be met, and there must exist sufficient square footage in the house on the property for 13 plus children. 24. Central District Health Department submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve this application for central sewage and central water; and that it will require plans be submitted for a plan review for the child care center. 25. Ada County Highway District submitted comments and requirements, all of which comments and requirements are hereby incorporated herein as if set forth in full, and some of which are more particularly set forth as follows. a. The Applicant is to construct curb, gutter and sidewalk, four feet wide (five feet minimum width for Meridian), and match paving on 3rd Street abutting the parcel. Improvements shall be constructed to one half of a 37 feet street section; b. The Applicant is to replace damaged sidewalk on 3rd Street with new concrete sidewalk to match existing improvements. The segments to be replaced shall be determined by Ada County Highway District Construction Services staff; c. Utility street cuts in the new pavement are not allowed unless approved in writing by the District; d. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. RHONDA WILLIAMSON/R-HOUSE CHILD CARE roadway. The Applicant is to pave the driveway its full required width of 24 to 30 feet to at least 30 feet beyond the edge of the pavement of 3rd Street; e. As required by District policy, restrictions on the width, number and locations of driveways shall be placed on future development of the parcel; and f. Other than the access point(s) specifically approved with this application, direct lot or parcel access to 3rd Street is restricted. 26. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Revised and Compiled Ordinances of the City of Meridian. 3. The City of Meridian has the authority to take judicial notice of its own ordinances and proceedings, other governmental statutes and ordinances, and of actual conditions existing within the City and state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. RHONDA WILLIAMSON/R-HOUSE CHILD CARE 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 Uae is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The City has judged this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. 11-2-418(C) of the Revised and Compiled Ordinances of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. RHONDA WILLIAMSON/R-HOUSE CHILD CARE b. The use would be harmonious with the Comprehensive Plan but requires a conditional use permit with and in accordance the Zoning Ordinance to allow the use; c. The use and appearance are designed and constructed 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; that traffic may increase, but due to proposed configuration of the driveway and off-street parking it should not be a problem; e. The property has sewer and water service already connected, 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. 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 13. RHONDA WILLIAMSON/R-HOUSE CHILD CARE a. The children, if outside, shall be maintained in a fenced area, as required below; b. There shall be fencing, gates and locks for the outside play area such that no children can leave the property without an adult unlocking and opening the gate to let the child or children out of the play area; no children shall be allowed outside of the play area or the home without an adult being present; the fence shall be maintained in good repair and the children, when outside, shall stay in the fenced area and the children shall not be allowed outside of the fenced area or the home, except for drop-off and pick-up times, and an adult shall be with them at all times if the child or children are waiting to be picked up; c. The Applicant shall meet the state of Idaho requirements for staff to children ratio; d. The Central District Health Department and the state of Idaho Department of Health and Welfare have requirements for day cares and the Applicant shall meet those requirements of the Central District Health Department and the state of Idaho Department of Health and Welfare; e. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another property; f. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, the Ada County Highway District, Central District Health Department and other governmental agencies submitting comments, which comments specifically include: 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605 M. Plans shall be approved by the appropriate irrigation/ drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; 2. Any existing domestic wells and/or septic systems within the property shall be removed from their domestic service per City Ordinance Section 5-7- 517. Wells may be used for non-domestic purposes such as landscape irrigation; 3. The Applicant shall provide a copy of daycare license{s) from the Idaho Department of Aealth & FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. RHONDA WILLIAMSON/R-HOUSE CHILD CARE Welfare prior to obtaining a Certificate of Occupancy; 4. Operator's licenses shall be available on the premises at all times for inspection; 5. The Applicant shall provide Social Security Numbers of the owner(s), operator(s) and all employees of the child day care business; 6. Screening of adjacent residential properties shall be provided through landscaping and fencing; 7. All signage shall be subject to design review by the Planning and Zoning Administrator; 8. Sign permit(s) shall be required for all signs; 9. A-frame and other signs of a temporary nature shall not be permitted as part of the conditional use permit; 10. Upon three days notice to the Applicant, any signs in violation of the ordinances of the City of Meridian, the conditions hereof, or other requirements can and shall be removed from the property; 11. No unpaved areas shall be used for parking; 12. All parking spaces shall meet the requirements of City Ordinance 11-2-414, the Ada County Highway District and the Americans with Disability Act. In no case shall any part of a parking areas be closer than four feet (4') to any established street or alley right-of-way; 13. At a minimum, a four feet wide planting screen shall be constructed adjacent to any residential properties; 14. The Applicant shall submit a drainage plan and calculations designed by a state of Idaho licensed architect or engineer for all off-street parking areas for review and approval by the City Engineer and Public Works Department; 15. Landscaping and underground sprinkling of all landscaped areas shall be provided pursuant to City ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. RHONDA WILLIAMSON/R-HOUSE CHILD CARE 16. Illumination of the property shall not cause glare or impact adjacent properties, as determined by the City; 17. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height, or within an enclosed building or structure; 18. Adequate vehicular access to and from an area or areas for collection of trash or garbage as determined by the Administrator shall be provided; 19. Assessments for sewer and water service shall be reviewed to determine whether additional load justifies an adjustment. The Applicant shall provide any information that she has with regard to anticipated water demand; 20. The Applicant shall enter into an Assessment Agreement with the City of Meridian; 21. The Applicant shall provide five feet wide pedestrian walkways in accordance with City ordinance, including construction of curb, gutter and sidewalk, and match them to the paving on 3rd Street abutting the parcel. The improvements shall be constructed to one half of a 37 feet street section; 22. The Applicant shall replace damaged sidewalk, as determined by Ada County Highway District Construction Services staff, on 3rd Street with new concrete sidewalk to match existing improvements; 23. Utility street cuts in the new pavement shall not be allowed unless approved in writing by the Ada County Highway District; 24. The Applicant shall pave the driveway its full required width of 24 to 30 feet to at least 30 feet beyond the edge of the pavement of 3rd Street; 25. As required by Ada County Highway District policy, restrictions on the width, number and locations of driveways shall be placed on future development of the parcel; 26. Other than the access point(s) specifically approved by Ada County Highway District, direct lot or parcel access to 3rd Street shall be restricted; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. RHONDA WILLIAMSON/R-HOUSE CHILD CARE 27. The building on the property shall meet all applicable Uniform Fire Code and Uniform Building Code requirements prior to obtaining a Certificate of Occupancy; 28. The Applicant shall obtain a Certificate of Occupancy prior to operation of the child care facility; 29. A letter of credit or cash for all improvements of the property shall be required prior to granting temporary occupancy; and 30. The Applicant shall submit plans to the Central District Health Department for plan review of the child care facility. g. The conditional use should not be restricted to a period of authorization but shall be subject to annual review, or more often if conditions warrant, upon notice to the Applicant, for violation of any conditions imposed herein and in other day care conditional uses and other conditional use applications. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 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 17. RHONDA WILLIAMSON/R-HOUSE CHILD CARE 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 OSLUND MACCOY MANNING 9SON (TIE BREAKER) DECISION AND REC VOTED VOTED VOTED VOTED VOTED YlF/~~ The Planning and Zoning Commission of the City of Meridian hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, Uniform Fire Code and other Ordinances of the City of Meridian. The conditional use should be subject to annual review, or more often if conditions warrant, upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 18. RHONDA WILLIAMSON/R-HOUSE CHILD CARE BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JOSEPH C. HANSON/IDAHO AIR INC. APPLICATION FOR CONDITIONAL USE PERMIT FOR AUTOMOBILE EMISSION TESTING STATION 1725 EAST FAIRVIEW AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled application for a conditional use permit having come on for public hearing on March 11, 1997, at the hour of 7:00 o'clock p.m., William Egbert for the Applicant appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 11, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 11, 1997 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property which is the subject of this application is located within the City of Meridian at 1724 East Fairview Avenue, Meridian, Ada County, Idaho. The legal description of the property FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. JOSEPH C. HANSON/IDAHO AIR INC. is included in the application, and by this reference is incorporated herein as if set forth in full. 3. The Applicant is not the owner of record of the property. The record owner of the property is Schrandt Family Limited Partnership, and it has consented to the application for the Conditional Use Permit. 4. Pursuant to the application, the Applicant intends to use a small portion of the northwest area of the parking lot on the property to operate an automobile emission testing van. This area is not presently in use, and the Applicant's use of the area will not decrease the number of parking spaces of the business located at the property. 5. The property is currently zoned (C-G) General Retail and Service Commercial. The (C-G) General Retail and Service Commercial is described in the Zoning and Development Ordinance, 11-2-408 B. 12. as follows: (C-G1 General Retail 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 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. 6. Ordinance 677 of the City of Meridian pursuant to which the property was annexed into the City of Meridian and zoned (C-G) General Retail Service Commercial provides in part, "that the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. JOSEPH C. HANSON/IDAHO AIR INC. annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning." The Findings of Fact and Conclusions of Law adopted by the Meridian Council for annexation and zoning of the property states in part at paragraph 13. of the CONCLUSIONS, ". any use or development of the property shall only be allowed as a conditional use with design review." Consequently, a conditional use permit for the operation of an automobile emission testing van at and upon the property is required. 7. 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." 8. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full. Their comments included, but are not limited to, the following: a. The Applicant is currently stationed in Ada County in front of the salvage yard on Fairview Avenue. As the City has no formal process for approval of these vans, and all uses on the D & B property were contingent upon obtaining a conditional use permit, the Applicant was requested to submit this application. Boise City licenses auto-emission test vans on a yearly basis for $180.00; b. As Fairview Avenue is an entrance corridor to the City, the existing landscape setback shall not be encroached upon; c. Signage will receive design review by Planning and Zoning staff. No signage shall be erected without a permit. A-frame (sandwich boards) and other temporary signs shall not be permitted. If the application is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. JOSEPH C. HANSON/IDAHO AIR INC. approved, a condition should be that signs not in compliance with the conditional use permit can and will be removed by the City upon three days notice to the Applicant. The signs currently in use at the present location will not be permitted; d. The proposed location of the van could lead to traffic conflicts once the property to the west is developed. The proposed customer path would leave only nine feet between the customer path and existing striped parking spaces. The van should be located further away from the existing driveway access on Fairview Avenue; and e. The conditional use permit shall be subject to review by the City Council upon notice to the Applicant. 9. Meridian Fire Department, Meridian City Police Department, Central District Health Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 10. William Egbert testified substantially as follows. He is a co-owner of Idaho Air with Joseph Hanson. They have had an emission testing van in the City of Boise for ten years. The testing van is located near the corner of Fairview and Five Mile Avenue in the shopping center. They have had no troubles during the ten year period. Last Fall the citizens of Ada County voted to continue the emission testing program. They decided to purchase another emission testing van. This second van has been located at the salvage/wrecking yard at the corner of Locust Grove and Fairview Avenue, which is a couple of 100 yards from the location they desire to relocate. They desire to move the van to a nicer location than the salvage/wrecking yard. They contacted D & B Supply requesting to relocate to its property, more particularly the area of its parking lot which is not used by its customers. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. JOSEPH C. HANSON/IDAHO AIR INC. D & B Supply agreed with their proposal to move to its property. Because the property is in the City of Meridian, they are seeking the conditional use permit to operate the emission testing van at the property. With regard to the comments of City staff, the licensing fee by the City of Boise is a surprise to them. They have never received a bill for such fee in the ten years they have operated. All of the other comments are reasonable and they are happy to work with the City to meet the comments and requirements. 11. In response to questions of Commissioner MacCoy, Mr. Egbert testified substantially as follows. Their contact person at D & B Supply is Rod Schneider. They understand that the agreement with D & B Supply is on a month to month basis. This type of agreement with Plantation Shopping Center has worked well for them. They certainly hope to be good tenants for D & B Supply. 12. In response to questions of Commissioner Borup, Mr. Egbert testified substantially as follows. As long as they know what is acceptable, they do not have a problem with the signage requirements. 13. 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. JOSEPH C. HANSON/IDAHO AIR INC. 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 statutes and ordinances, and of actual conditions existing within the City and state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 6. JOSEPH C. HANSON/IDAHO AIR INC. 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. Pursuant to the conditions for the annexation of the property a conditional use permit is required; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; c. The use will be operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity, and if the Applicant complies with the conditions set forth herein the use would 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 should neither be hazardous nor should it be disturbing to existing neighboring uses if the conditions are met. When the neighboring property to the west is developed, dependent upon the type of development of said property, traffic conflicts may arise, but due to the location of the use such potential traffic conflicts should not be a problem; e. The use will be served adequately by essential public facilities and services; 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 7. JOSEPH C. HANSON/IDAHO AIR INC. g. If the conditions involve a use, activity, conditions of operation person, property or the excessive production of glare or odors; are met, the use should not process, material, equipment or that would be detrimental to general welfare by reason of traffic, noise, smoke, fumes, h. The location of the use will have vehicular approaches so as not to create an interference with traffic on surrounding public streets; 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 person 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. As Fairview Avenue is an entrance corridor to the City, the Applicant or its use shall not encroach upon the existing landscape setback; 2. All signage shall be subject to design review and approval by Planning and Zoning staff; 3. No signage shall be erected without a permit; 4. A-frame (sandwich board) and other temporary signs shall not be permitted as part of the conditional use permit; 5. Upon three days notice to the Applicant, any signs in violation of the ordinances of the City of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. JOSEPH C. HANSON/IDAHO AIR INC. Meridian, the conditions hereof, or other requirements can and shall be removed from the property by the City; 6. The signs currently used at the present location of the emission testing van shall not be permitted; 7. The emission testing van shall be located away from the existing driveway access on Fairview Avenue to permit appropriate access, as determined by the City of Meridian; and 8. Any other items deemed necessary by the City Staff. c. The conditional use permit shall not be restricted to a period of authorization but shall be subject to annual review, or more often if conditions warrant, upon notice to the Applicant. 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 OF LAW The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER MACCOY COMMISSIONER MANNING CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~~--- VOTED VOTED ((((~~~~,,,,,,,,~~,~ ~~~~ ~~•~ VOTED /F'K ~l ~i VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. JOSEPH C. HANSON/IDAHO AIR INC. DECISION AND The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Conditional Use Permit requested by the Applicant for the use at 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 Applicant's use be required to meet all ordinances of the City of Meridian. The conditional use should be subject to annual review, or more often if conditions warrant, upon notice to the Applicant by t City. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. JOSEPH C. HANSON/IDAHO AIR INC.