1997 07-08i
MERIDIAN PLANNING & ZONING COMMISSION
AGENDA
TUESDAY, JULY 8, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD JUNE 10, 1997:
(APPROVED)
MINUTES OF SPECIAL MEETING HELD JUNE 18, 1997:
(APPROVED)
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE FROM R-4
TO L-O BY MERIDIAN ASSEMBLY OF GOD - 1830 N. CINDER ROAD:
(APPROVE FINDINGS; APPROVE RECOMMENDATION)
2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE
PERMIT FOR A NEW CHURCH BUILDING BY MERIDIAN ASSEMBLY OF
GOD - 1830 N. CINDER ROAD: (APPROVE FINDINGS; APPROVE
RECOMMENDATION)
3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE OF 1.4
ACRES FROM R-8 TO C-G BY ROGER MICHENER - 519 E. FAIRVIEW
AVENUE: (APPROVE FINDINGS; APPROVE RECOMMENDATION)
4. PUBLIC HEARING CONTINUED FROM JUNE 10, 1887: REQUEST FOR A
CONDITIONAL USE PERMIT FOR AMULTI-TENANT RETAIL CENTER BY
ROGER MICHENER - 519 E. FAIRVIEW AVENUE: (CITY ATTORNEY TO
PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW)
5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND
ZONING OF 48.7 ACRES TO R-4 BY WESTPARK CO. - E. OF LOCUST
GROVE ROAD, N. OF VICTORY ROAD: (APPROVE FINDINGS; APPROVE
RECOMMENDATION)
6. TABLED JUNE 10, 1997: REQUEST FOR A PRELIMINARY PLAT FOR
SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK CO. - E. OF
LOCUST GROVE ROAD, N. OF VICTORY ROAD: (PASS ON FAVORABLE
RECOMMENDATION TO CITY COUNCIL)
7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL
USE PERMIT FOR A FAMILY LIFE CENTER BY CHERRY LANE CHRISTIAN
CHURCH: (APPROVE FINDINGS; APPROVE RECOMMENDATION)
8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL
USE PERMIT FOR EXPANSION OF FACILITIES BY CLASSIC KITCHEN INC.
- BRET JONES: (APPROVE FINDINGS; APPROVE RECOMMENDATIONS)
9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND
ZONING TO R-4 AND R-15 BY MERIDIAN LAND DEVELOPMENT CO.:
(APPROVE AMENDED FINDINGS; APPROVE RECOMMENDATION)
10. TABLED JUNE 18, 1997: REQUEST FOR A PRELIMINARY PLAT FOR
HAVEN COVE SUBDIVISION NO. 7 BY MERIDIAN LAND DEVELOPMENT
CO.: (PASS ON FAVORABLE RECOMMENDATION TO CITY COUNCIL WITH
R-4 ZONE)
11. PUBLIC HEARING CONTINUED FROM JUNE 18, 1997: REQUEST FOR A
CONDITIONAL USE PERMIT FOR VANGUARD MILITARY ACADEMY
CAMPUS BY VANGUARD MILITARY ACADEMY: (TABLED UNTIL AUGUST
2, 1997; CONTINUE PUBLIC HEARING)
12. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
GENERAL RETAIL PURPOSES BY KZ HOLDINGS LLC - SE CORNER OF
LOCUST GROVE AND FAIRVIEW AVENUE: (CITY ATTORNEY TO PREPARE
FINDINGS OF FACT AND CONCLUSIONS OF LAW)
13. PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-0 BY
CHERRY LANE BAPTIST CHURCH - 2150 W. CHERRY LANE: (CITY
ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF
LAW)
14. PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR A
FAMILY HOME DAY CARE BY B. GAIL CARRITHERS - 1060 TAMMY PLACE:
(CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS
OF LAW)
MERIDIAN PLANNING & ZONING COMMISSION JULY 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: Byron Smith, Malcolm MacCoy, Keith Borup:
MEMBERS ABSENT: Ron Manning:
OTHERS PRESENT: Shari Stiles, Gary Smith, Will Berg, John Fitzgerald, Jr., Barbara
Clark Myall, Betty Michaelson, John Michaelson, Loren Ross, Gail Carrithers, Ben
Jepson, Dan & Lavem Day, Thom & Faye Juul, John Shipley, Dale Newberry, Ruth
Fritts, Bot Fritts, David Fuller, Mark Zimmerman, Randy Fout, Clint Henry, Deborah
Pence, Elizabeth Ahelstron:
MINUTES OF PREVIOUS MEETING HELD JUNE 10, 1997:
Johnson: You have read the minutes are there any corrections, additions or deletions
to these minutes? If no one has any changes I will entertain a motion for approval.
MacCoy: Mr. Chairman I suggest we approve the meetings and proceedings for the
June 10, 1997 meeting.
Smith: Second
Johnson: We have a motion and a second to approve the minutes as prepared, all
those in favor? Opposed?
MOTION CARRIED: Alf Yea
MINUTES OF SPECIAL MEETING HELD JUNE 18, 1997:
Johnson: Any changes or discussion regarding these minutes as prepared?
Borup: I would like to move that we approve the minutes from the June 18 special
meeting of the Meridian Planning & Zoning Commission.
Smith: Second
Johnson: It is moved and seconded that we approve these minutes as prepared as well,
all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE FROM
R-4 TO L-0 BY MERIDIAN ASSEMBLY OF GOD -1830 N. CINDER ROAD:
Meridian Planning & Zon~g Commission
July 8, 1997
Page 2
Johnson: Dces anyone have any comments regarding the findings of fact and
conclusions of law as prepared by the City Attorney?
MacCoy: I have a correction on page 4.
Johnson: Is this for the rezone or the conditional use?
MacCoy: It is for the rezone, first paragraph, top, it is "except in the case of a planned
development PD" shouldn't that be instead of "or" shouldn't that be "no more than one"?
Johnson: Comment on that Counselor, what do you think? Top of page four, it begins
on three?
Fitzgerald: In referring to section 11-2-405 G it provides that except in the case of a
planned development (PD), not more, so it should be °not more".
Johnson: Is that correction all right Commissioner Malcolm MacCoy?
MacCoy: Yes
Johnson: Anything else? Anyone else? Is there a motion to approve the findings of
fact?
MacCoy: Mr. Chairman, I move the Meridian Planning and Zoning Commission of the
City of Meridian hereby adopt and approve these findings of fact and conclusions.
Smith: Second
Johnson: We have a motion and a second to approve the findings of fact and
conclusions of law for this rezone, roll call vote.
ROLL CALL VOTE: Borup -Yea, Smith -Yea, MacCoy -Yea, Manning -Absent
Johnson: Decision or recommendation you wish to pass onto the City?
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 the zoning amendment requested under the conditions set forth in these
findings of fact and contusions of law. Including that the applicant or its successors and
interests, assigns, heirs, executors or personal representatives enter into a
development agreement or 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 is not agreeable with entering into a development agreement or
Meridian Planning & Zo~g Commission
July 8, 1997
Page 3
that the property only be developed under the conditional use process the application
for the zoning amendment should be denied.
Smith: Second
Johnson: A motion and a second to approve that decision and pass it onto City Council,
all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL
USE PERMIT FOR A NEW CHURCH BUILDING BY MERIDIAN ASSEMBLY OF GOD
- 1830 N. CINDER ROAD:
Johnson: Any further comments regarding the conditional use portion of this application
in the findings and fact? Any corrections here Commissioner MacCoy?
MacCoy: None
Johnson: What is your pleasure?
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 law.
MacCoy: Second
Johnson: Motion and a second to approve these findings of fact and conclusions of law
for the conditional use part of the application, roll call vote.
ROLL CALL VOTE: Borup -Yea, Smith -Nay, MacCoy -Yea, Manning -Absent,
Johnson -Yea
MOTION CARRIED: 3 Yea, 1 Nay
Johnson: Decision or recommendation you wish to pass onto the City?
Borup: I move that the Meridian Planning and Zoning Commission hereby recommends
the City Council of the City of Meridian 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 annually or more often if conditions warrant upon notice
to the applicant by the City.
Meridian Planning & Zo~g Commission •
July 8, 1997
Page 4
MacCoy: Second
Johnson: Motion and a second to approve that recommendation to the City Council, all
those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE OF
1.4 ACRES FROM R-8 TO C-G BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE:
Johnson: Any discussion, corrections, comments regarding these findings of fact as
prepared? Do we have a motion?
Smith: Mr. Chairman, I make a motion that 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: It is moved and seconded that we approve the findings of fact and conclusions
of law, roll call vote.
ROLL CALL VOTE: Borup -Yea, Smith -Yea, MacCoy -Yea, Manning -Absent
MOTION CARRIED: All Yea
Johnson: Recommendation to the City Council?
Smith: Mr. Chairman, the Planning and Zoning Commission hereby recommends that
the property set forth in the application be approved by the City Council for the zoning
amendment requested under the conditions set forth in these findings of fact and
conclusions of law. Including that the applicant or its successors, interests, 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 noY agreeable with these findings of fact and contusions of law and is not
agreeable with entering into a development agreement and that the property only be
developed under the conditional use process the application for the zoning amendment
should be denied.
MacCoy: Second
Johnson: Moved and seconded we pass that recommendation onto City Council as read
by Commissioner Smith, all those in favor? Opposed?
Meridian Planning & Zonlrfg Commission •
July 8, 1997
Page 5
MOTION CARRIED: All Yea
ITEM #4: PUBLIC HEARING CONTINUED FROM JUNE 10, 1997: REQUEST FOR A
CONDITIONAL USE PERMIT FOR AMULTI-TENANT RETAIL CENTER BY ROGER
MICHENER - 519 E. FAIRVIEW AVENUE:
Johnson: At this time I will reopen or open this public hearing and invite testimony from
the audience and those testifying need to be sworn. Would the applicant like to come
forward and address the Commission at this time?
Lawrence Ross, 1111 South Orchard, Suite 200, Boise, was swum by the City Attorney
Ross: I was not present at the last meeting but had the opportunity to review the
minutes and I guess the rezone portion of the facts and findings. It seemed like one of
the major issues we had at the last meeting was what was the building going to look
like, what were the components of it. We went out and hired an architect to do a
rendering of the property. I think which was submitted in your package that you were
able to review over the weekend. Miscommunication between ourselves and staff was
that you needed some more copies of the original site plan. So we made some more
copies of that with some dimensions on it and had given those to you. Had a chance to
meet with staff today and kind of resolve some of their concerns and I think some of the
same concerns you had at the last meeting resolving some of the problems with the
dimensions and set backs and everything else with the site plan. I think in all Shari and I
kind of reached an agreement on pretty much everything that we need to do to revise
that site plan before we submit it to Council for approval. In all I think I agree with
everything, all the suggestions. I think there is one issue that I would like to bring before
the Commission and that is just the block wall between this commercial development
and the trailer park to the rear. That causes us a little bit of complication as far as
whether or not we put a block wall in or whether or not we put a 20 foot landscaping
buffer in. I would like to put the block wall in but I would like to cut back that restriction
to maybe five or ten feet. In order to be able to have access all the way around a
building. We had the opportunity to meet with the fire department today too and they
would like to maintain that access all the way around the building. I think we can
accommodate everything by putting the block wall in and maybe cutting back on that
landscape buffer. We will still have room to put trees in there which can grow up above
the block wall and provide an additional buffer up above. If there is a block wall there
the adjacent property owner is not going to be able to see or hear what is on the other
side of it. So I think, I would like to have the opportunity to get together with Mr. Ross
who is the neighbor and kind of resolve that before the hearing with Council. 1 think we
can work something out to where everybody is happy. Everything else we agree with as
far as the comments. Hopefully that rendering gives you an idea of the quality and the
nature of the building. We are looking to build a Class A retail building, put Class A
tenants in it. We do not know who those tenants are at this time, we have got interest
from several parties but nothing signed or committed yet. It is a spec building and it is
our nature that we really don't know who is going in there but I think we can, anybody
Meridian Planning & Zo~g Commission •
July 8, 1997
Page 6
that is not approved under the CG zoning that was just approved or just recommended
for approval that is a more obnoxious type use will require conditional use and
additional permission anyway. That is really all I have to say.
Johnson: Thank you ,questions from the Commissioners?
MacCoy: I have got some, looking at your rendering I was, that was very helpful to have
that. What kind of metal siding is that?
Ross: It is not metal siding actually, what we propose is an (inaudible) on either a steel
or a wood frame. We have yet to put together the numbers to see which is the best and
most economical substructure to put it on. We have gone with an (inaudible) exterior,
the center of the building is about 18 feet in height and then it drops down to about 16
and then probably to about 15 or 14 on the back. That is required to give us enough
height so we can have it slope all the way to the rear of the building. It also does a
good job as far as covering the heating and cooling units that will be on it. I think it
provides a good look, a good modem strip retail type look, it kind of breaks it up a little
bit.
MacCoy: (Inaudible) modified Egyptian type look.
Ross: The color scheme I am not sure I'm exactly a big fan of. But that is kind of giving
the architect a chance to name colors and I told him to keep it to the 8 crayons that I
see in my crayon box.
Johnson: What is EFACE an acronym for?
Ross: (Inaudible) EFACE is the common name fora (Inaudible} system.
Johnson: I noticed there are periods after it, it has to be an acronym so I just wondered
what it was.
Smith: It is exterior insulated finish something.
Johnson: Any other questions?
MacCoy: You don't show any exterior lighting on the building phase, you didn't plan to
put anything on there?
Ross: Well it was just a general rendering of the building.
MacCoy: Well then let's go back to the beginning, do you plan to put
Ross: There will be exterior lighting and we will do whatever we can to minimize that as
far as neighbors and everything else goes. I am not exactly sure, I hoped the building
Meridian Planning & Zo~g Commission •
July 8, 1997
Page 7
department would take care of reviewing our plans and making sure it is in the City's
best interest of what we plan to do. I vwuld anticipate probably having some type of
building lighting on the building itself and some either out in front some street light or
something coming from the building that eliminates that area only. I think we will take
special care on the rear of the building as far as making sure we don't have a lighting
problem with the trailer houses behind. That is really the only area I think we are going
to have an effect with the neighbors is the residential trailer houses and I think that will
be easily accomplished with either some trees and the block wall and directional lighting
kind of (inaudible).
MacCoy: Is he not planning on doing a lighting wash on your building phase which
wouldn't be bad.
Ross: It would dress it up and probably make it look pretty good, I haven't even
considered that yet.
MacCoy: You have met with the staff so you know about the sign ordinance.
Ross: We probably plan on putting a sign up and we will review that process through
the City channels to do that.
MacCoy: A comment on your handicapped parking, you show two stalls and you show
one island in there. I would like to suggest that you have an island for both of those
cars because a lot of the vans now a day have side entry for wheel chairs. You may
take care of one of them but the other one then is stuck. We will give you credit for at
least putting in the (inaudible) that way they don't have to cross over the traffic run to
get, believe it or not I have seen it happen even locally in Boise where they have gone
ahead and met the requirements but they put the handicapped someplace else and the
poor guy has to get in his wheelchair and cross over the main driveway. If he doesn't
get hit he might make it to the building.
Ross: One thing I will note is we are going to revise the parking in the back of that
property as far as the site plan goes and pull them into the building and back away from
the building so they are more perpendicular. That should take us up to well over 60
some parking spaces on the building which is well in excess of the City requirements.
So we will have room to adjust that parking in the front to accommodate two
handicapped spaces and we can easily adjust it so we will have two alleys to get in and
out.
MacCoy: Your loading zone in the back is that, is there a curb there that prevents
somebody driving into your building?
Ross: With this EFICE exterior it is a real durable product unless you put it next to
traffic. The design hasn't been final yet but I would do whatever I could to keep a
probably a five foot curb, high curb away from the parking so that you people couldn't
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 8
get in there and damage it. I don't know exactly what we are going to end up because
we have some adjustments coming all the way back as far as our parking and setbacks
and everything else that the staff level report had kind of said that we need to
accommodate into our site plan. I am not sure what distance that is going to be but we
are going to do what we can to keep the parking away from the building and still give
people access to those back doors.
MacCoy: Where is your trash enGosure?
Ross: It is not on the site plan at this time and we (inaudible). We really haven't with
redoing the parking lot we are going to end up with additional space as far as where we
can put it. Like the report said we will meet with the utility that takes care of the trash
and figure out what works for them. We will have that all as part of our final submission
with the building department and probably even for the City commission. We should
have a complete new site plan done by then incorporating all of the changes. I
apologize for not having it to you now we kept submitting the old site plan thinking you
wanted more copies of it instead of new ones. That is our mistake.
MacCoy: That is all 1 have.
Johnson: Anyone else?
Smith: Yes, you say you are reconfigure the parking in the back. Does that mean that
loading zone is going to go away then?
Ross: Well a little bit of that will determine on the exact tenant base too. A lot of those
back doors depend specifically on use as far as the tenants what type of goods are
gong to be retailing out of there. So I think what we might do is set up some type of two
unloading areas that are specifically reserved for unloading. Then kind of a sidewalk
system so they can wheel in what they need to. Maybe in the center of the building
would be my initial suggestion.
Smith: I am having trouble seeing how you are going to lay this parking out straight and
the spaces out more like a 90 degree and still be able to, you are not going to have
room to keep that loading zone in there.
Ross: We will still be able to keep about 5 to 6 feet of sidewalk in there won't we?
Smith: I don't know what the dimensions are.
Ross: We were looking it today and I think we can fit everything on there that we
needed to. It is a little tight but if push comes to shove we might have to cut the building
down a couple feet or something. That is really the only place we have got left to give.
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 9
Smith: The rendering depicts concrete all the way around the building, your site plan
shows the sidewalk at the rear and the front of the building terminating at the ends of
the building. What is your intention?
Ross: There is a little discrepancy, vre kind of had the rendering done after we had the
site plan done and haven't had the site plan revised yet to incorporate this type of
building element. I would like to keep as much sidewalk around the building as possible.
The EFICE type material works good as long as it doesn't come in constant contact with
water. If you can provide a sidewalk buffer between the building and your landscaping
you are in better shape.
Smith: I was just looking at the side that is adjacent to the Child care center and it is too
tight over there really to put any landscaping along the building. It would be nice if you
could even put in some trees wells or some planters along that drive on the east side of
the building and maintain some kind of softening so it doesn't look like this building is
floating of sea of asphalt.
Ross: Are you looking at the site plan, we will have a five foot landscape strip along
there. We have talked a little bit about converting that to a one way street which the fire
department seemed like they would approve. We could cut that down to 20 feet then
and provide maybe a little bit more landscape buffer. What is the driveway width now I
think it is 24 or 23. I think it is 27 total and there is five foot, probably another foot on the
building. I would like to keep that traffic again as far away from that one edge of the
building as possible with some sort of (inaudible).
Smith: The west side is too tight but this side over here
Ross: If we down size that to one way we will have a little bit more room to work with
too.
Smith: If my memory is correct, the driveway jogs in and at an angle here because it
was supposed to align with the Jackson's food mart across the street.
Ross: That caused us to lose a little bit of parking and it really affects the functionality
of the property a little bit too. Because you take about that whole front corner just
completely off of it just to align that curb.
Smith: I am sorry I didn't catch how tall the building is?
Ross: About 18 feet I the center and probably drops down 16 feet on that comer and
then 15 to 14 feet on that back edge. That provides adequate slope from the front to
the back of the building so we can have a sloped roof which I prefer to put on my
properties.
Smith: And the comers should just be built up the (inaudible)
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 10
Ross: And that is also provide a good screen for heating and cooling.
Smith: You guys are going to closely scrutinize and select a good color palate here?
Ross: Well if you have any suggestions I am open. I would like to lighten the building a
little bit just because I think it is too dark and it already looks like it is too brown. This is
a little bit, I think what they conceptually plan on and what they have come off their
computer that is complete computer aided drawing. So 1 think there is a little
discrepancy there too so we will fine tune those a little bit.
Smith: The last question is about that store front, you are not proposing a reflective
glass?
Ross: No, I want something people can see through, the retail nature of the building
would imply that. Plus we have the north face where it is really not has imperative to
have that (inaudible) type finish on it.
Smith: I have one more thing too, the landscape strip between the trailer park and your
site probably it would be real helpful as a screen if you could get some trees along that
strip there.
Ross: I would like to move some of them from the front of the building to that back side
just to kind of open it up a little more. And maybe position those around there a little bit
more, they seem like they are bunched together a little too much to me. Again that was
drafted by an architect and not a landscape architect. Hopefully we end up with a better
product by the time we are submitting to the City.
MacCoy: Just for the future putting in dimensions would be a big help to us. We deal in
buildings and can pretty well tell.
Ross: We will take that into effect next time, I looked at that myself and started having
some problems figuring out what sizes were where. We will take care of that next time.
Johnson: Anyone else have any questions?
Borup: Just one Mr. Chairman, you said you had already met with staff on the buffering
wall along the, 1 thought you said earlier you were talking about you had mentioned
south of the property but you meant along your west property line.
Ross: Along the west property edge between really the property we control that is
adjacent to the mobile home park where there might be some concern.
Borup: So that has been or looks like it will be worked out between wall and buffering
and that distance and everything was (inaudible)
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 11
Ross: Speaking with staff I would like to get together with the adjacent property owner
and kind of walk out there and take a look at what is there and what is going to work
best to satisfy their needs. It would require a variance to reduce that 20 foot landscape
buffer at least my understanding of the ordinance. Hopefully we can do that by putting
that block wall in. I have done that in several other properties where vre have gone in
and put a wall that maybe even put some landscaping on their side of it or something to
where we can cut back on that. If you come in there 20 feet it really starts hindering that
loop.
Borup: It sounded like from last time that the neighbor would probably prefer the wall
over a wider separation anyway.
Ross: Exactly and that is (inaudible)
Borup: The findings we approved just said it would be appropriate buffering.
Ross: We can work something out there. I would like to keep from eliminating that cirGe
drive around the building, I think that just makes it a lot more convenient. Especially
where we have been limited to one access on Fairview it tends to cause you problems if
you drive in and have a bunch of people driving in and turn out to get in and out of it.
There is always a second exit it is definitely more beneficial to customers and ultimately
to the tenants that are in the building.
Johnson: Any questions of staff at this point? Thank you, this is a public hearing,
anyone else like to address the Commission at this time?
Loren Ross, 1383 Linderwood Drive, Meridian, was sworn by the City Attorney
L. Ross: I just want to say that I have a willingness to meet with the project people Mr.
Ross and Mr. Michener and discuss these options. I still maintain the comments that
you have in hand. I think there is room for some softening on some of my position as to
maybe the type of fence going east to west. If we are talking some kind of a berm or
landscape buffer maybe we would like to talk in terms of some elevation to that, maybe
5 to 6 feet in height to push maybe lights and sound upward versus going horizontal.
Trees and such are good but maturity takes time of that type of thing. Maybe a
combination of a lesser fence and a berm or something of nature could be a workable
solution. But I do have a willingness to meet with the project people and discuss these
issues.
Johnson: 1 appreciate your comments thank you. Any questions of Mr. Ross? Anyone
else that would like to come forward? Seeing no one then I will close the public hearing
at this time. This is for a conditional use permit which would require findings of fact and
conclusions of law.
Meridian Planning & Zo~g Commission •
July 8, 1997
Page 12
MacCoy: Mr. Chairman, I move we have the Council prepare findings of fact and
conclusions of law for this project, Fairview Business Center.
Borup: Second
Johnson: Motion and a second to have the City Attorney prepare findings of fact and
conclusions of law, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION
AND ZONING OF 48.7 ACRES TO R-4 BY WESTPARK CO. - E. OF LOCUST GROVE
ROAD, N. OF VICTORY ROAD:
Johnson: Is there any discussion regarding these findings of fact that we received
today? We need a motion for approval.
MacCoy: Mr. Chairman 1 move that the Meridian Planning and Zoning Commission of
the City of Meridian hereby adopt and approves these findings of fact and conclusions.
Borup: Second
Johnson: Motion and a second to approves these findings of fad and conclusions of law
as prepared, roll call vote.
ROLL CALL VOTE: Borup -Yea, MacCoy -Yea, Smith -Yea, Manning -Absent
MOTION CARRIED: All Yea
Johnson: Is there a recommendation you would like to make for the City Council at this
time?
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, interests, 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 or
is not agreeable with entering into a development agreement the property should not be
annexed.
Smith: Second
Johnson: Motion and a second to pass that recommendation on to the City Council as
stated by Commissioner Borup, all those in favor? Opposed?
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 13
MOTION CARRIED: All Yea
ITEM #6: TABLED JUNE 10, 1997: REQUEST FOR A PRELIMINARY PLAT FOR
SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK CO. - E. OF LOCUST
GROVE ROAD, N. OF VICTORY ROAD:
Johnson: This is the preliminary plat. Now that we have acted on the annexation then
we move to the preliminary plat. This just takes a motion for approval if that is what you
want to do.
Borup: Mr. Chairman, I would move that we instruct Counsel to prepare findings of fact.
Johnson: No, there are not findings of fact on preliminary plats.
Borup: Did we have any other hanging questions?
Johnson: Let's ask staff that question. I think it is page 50 of your minutes, last meeting.
Ms. Stiles?
Stiles: Chairman Johnson, Commissioners I believe it was tabled due to the fact that
there were no findings on the annexation and you couldn't act on the plat without that
being done.
Johnson: That is my understanding. But we can now.
MacCoy: Mr. Chairman I move we move the preliminary plat forward for approval.
Borup: Second
Johnson: A motion and a second to move the preliminary plat approval onto the City
Council, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL
USE PERMIT FOR A FAMILY LIFE CENTER BY CHERRY LANE CHRISTIAN
CHURCH:
Johnson: Any discussion regarding these findings of fact and conclusions of law as
prepared by our City Attorney? Do we have a motion for approval 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.
Meridian Planning & Zon~g Commission
July 8, 1997
Page 14
MacCoy: Second
Johnson: Moved and seconded, roll call vote.
ROLL CALL VOTE: Borup -Yea, Smith -Yea, MacCoy -Yea, Manning -Absent
MOTION CARRIED: All Yea
Johnson: Recommendation to the City please.
Borup: Mr. Chairman I recommend the Planning and Zoning Commission hereby
recommends 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 annually or more often is conditions
warrant upon notice to the applicant by the City.
Smith: Second
Johnson: Moved and seconded we pass that recommendation onto the City Council as
stated by Commissioner Borup, all those in favor? Opposed?
MOTION CARRIED: 2 Yea, 1 Nay
ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL
USE PERMIT FOR EXPANSION OF FACILITIES BY CLASSIC KITCHEN INC. - BRET
JONES:
Johnson: Any items for discussion on these findings of fact as prepared by our City
Attorney? A motion please?
Smith: Mr. Chairman, 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
prepared, roll call vote.
ROLL CALL VOTE: Smith -Yea, Borup -Yea, MacCoy -Yea, Manning -Absent
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 15
MOTION CARRIED: All Yea
Johnson: Is there a recommendation you would like to pass onto the City Council at this
time?
Smith: Mr. Chairman, the Planning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that it approve the conditional use permit requested
by the applicant for the property described in the application with the conditions set forth
in the findings of fact and conclusions of law or similar conditions as found justified and
appropriate by the City Council. And that the property be required to meet the water and
sewer requirements, 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.
Borup: Second
Johnson: We have a motion and a second to pass that recommendation onto the City
Council as read by Commissioner Smith, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #9: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION
AND ZONING TO R-4 AND R-15 BY MERIDIAN LAND DEVELOPMENT CO.:
Johnson: Does anyone have any comments regarding these findings of fact and
conclusions of law? Any comments at all? Motion for approval please?
MacCoy: Mr. Chairman I move the Meridian Planning and Zoning Commission and the
City of Meridian hereby adopt and approve these findings of fact and conclusions.
Borup: Second
Johnson: Motion and a second to approve the findings of fact as prepared, roll call vote.
ROLL CALL VOTE: Borup -Yea, Manning -Absent, MacCoy -Nay, Smith -Nay,
Johnson -Yea
MOTION TIED: 2 Yea , 2 Nay
Johnson: The tie vote, is there any sense in making a recommendation to the City
Council or should this be put on hold?
Fitzgerald: No I don't believe so, well
Meridian Planning & Zor~fg Commission •
July 8, 1997
Page 16
Johnson: It appears to me that what we would have to do is have new findings of fact
prepared either at this level or at the City Council level. I guess it could be either place
but probably more appropriately here since it is deadlocked at this point.
Fitzgerald: My suggestion or what I think should be done is simply that if there is a
problem with the findings of fact which is different than the recommendation that we
have some guidance and advise me as to how the findings should be set forth to be
approved by the Commission.
Johnson: Without the discussion and without that input at this point we are at an
impasse. My recommendation would be to table this and have to handle this with
further discussion unless there is someone that would like to make a motion for
discussion this evening.
Borup: Well that was going to be my question, table it to a discussion at what time?
Johnson: That is the point, you have to table it to a date certain.
Borup: Are we prepared to discuss this tonight? Probably better tonight then later
(inaudible).
Smith: I am prepared.
Johnson: We have to sooner or later and if we don't anticipate a lengthy (End of Tape)
Borup: I am assuming it is probably on the R-15.
MacCoy: It is for me.
Borup: I think that is where the concern is.
Smith: That is mine, I can't in good conscious forvvard something onto City Council that
don't believe is appropriate. My whole difference with the application is I don't feel the
R-15 zoning is appropriate in that location.
MacCoy: I have the same feeling.
Johnson: There is no problem with that. We can address this on one of two different
ways then if that is the only item. One would be a motion for amended findings of fact
and is there any reason you can't do that at this meeting?
Fitzgerald: The only question is how substantial are those findings if they are
substantial I think we need to revise them.
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 17
Johnson: That is why I said if that is the only item of contention we could amend those
with motion if someone were willing to do that. Then we can move it onto the City
Council which would not delay the applicant any further. Then that will have to be
addressed, that will then be in their court to discuss that. The only other alternative is to
go back and redo the findings. I don't see another alternative which means our next
meeting in August and I am just trying to put myself in the shoes of the applicant that
perhaps if we can move forward this evening at least to the City Council level. If they
feel, if you people feel comfortable with that. If you don't then tha# is your call.
Borup: Are we talking about moving it forward as whatever zoning is proposed.
Fitzgerald: Do an amendment of the findings of fact and conclusions of law amending
these as they are presented.
Johnson: We would have to vote on the amendment
Borup: Can we still ask the applicant some questions?
Johnson: If the applicant is available, I don't know.
Borup: Last meeting,
Johnson: It can't be a matter of record is the problem.
Borup: They had talked about some other alternatives. I think we are talking about that
little triangle piece on Pine Street. I had the same concerns about it being appropriate
for the R-15 but on the same hand from a marketing standpoint and from people just
wanting to live there I am not sure how appropriate it is for just straight residential in that
location is either. Being right along a collector street. The applicant had talked about
some possibilities of just selling of an acre lot or something.. If that was pursued that
would sure help that.
Johnson: As I recall and Mr. Berg reminded me the applicant was looking for direction in
that area and
MacCoy: (Inaudible) I personally said that I don't believe that R-15 is the proper thing to
have there. 1 have been out there and taken a look at it.
Johnson: Did you suggest R-8?
MacCoy: I said I think we should drop it back.
Johnson: Did you say R~ specifically? What about you Mr. Smith?
Smith: I don't remember verbatim what was said.
Meridian Planning & Zoning Commission •
July 8, 1997
Page 18
Johnson: I am not asking you to
Smith: I believe that the I voiced an opinion that R-15 zoning wasn't appropriate in that
location.
Johnson: What would be an appropriate zoning from your viewpoint?
Smith: R-4, there is property adjacent to that particular parcel, unfortunately it is
bisected by the irrigation canal. If it was incorporated into a parcel adjacent to that then
it could be developed as R-4 just like all the other property is adjacent to that. But this
particular parcel is part of a property that is across the canal. Therefore it doesn't fit in
with that particular design and layout of that subdivision. But it could with one that is
adjacent on (Inaudible) of the site.
Johnson: Well I am going to lean on you a little bit Counselor and make sure we are
handling this with the proper protocol. I haven't visited this particular situation before.
Fitzgerald: Yes, I think in terms of discussing it the motion has been made to approve
them, it is at a deadlock. Certainly discussion is proper. If there was a motion to amend
it to remove that deadlock that would be fine. The question and what 1 was trying to
point out is the substance or how substantial are those amendments to the findings. If
they are substantial then 1 think the appropriate thing is to move that new findings of fact
be drawn up.
Johnson: Right, and really it has been my experience that has been your call as to
whether the change is considered to be substantial enough to warrant new findings. I
know that is the way it is handled at the City Council level.
Fitzgerald: Well I guess at this point I don't necessarily comprehend what the
Commission is looking for in terms of changing the findings. If it is simply to zone the
property the R-15 portion to R-8 rather than R-15 then we can certainly make that and I
don't think that is necessarily as substantial. But if it is actually changing it the whole
property back to R-4 and that would be the recommendation then I think that there
needs to be change to conform with that.
Johnson: The only way we will move this off dead center is with discussion and more
input. So that has to come from some meeting of the minds. Either in this forum or at
another forum.
Smith: Mr. Chairman, I would be willing to make a motion to amend the findings of fact
and contusions of law to forward on a recommendation to approve zoning for R~ for
the entire parcel. That is as far as I wold be willing to push the zoning. Everything out
there is R-4 I think it is appropriate zoning and I think it fits the area. That is the only
issue I have with (inaudible)
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 19
Johnson: Is that your motion?
MacCoy: I will second it.
Johnson: We have a motion and a second, to amend the findings of fact
recommendation to change the zoning in the findings where it specifically says R-15 to
R-4 for the entire application and we have a second. Is that your motion?
Smith: Yes
Borup: Paragraph 21
Johnson: So we have a motion and a second the floor, then we need to vote, roll call
vote.
ROLL CALL VOTE:. Borup -Nay, MacCoy -Yea, Smith -Yea, Manning -Absent,
Johnson -Yea
MOTION CARRIED: 3 Yea, 1 Nay
Johnson: Now
Smith: Mr. Chairman, I would like to make a motion that the Planning and Zoning
Commission of the City of Meridian hereby adopts and approves these findings of fact
and conclusions of law as amended.
MacCoy: Second
Johnson: We have a motion and a second to approve the findings of fact and
conclusions of law as amended, all those in favor?
ROLL CALL VOTE: Borup -Yea, Smith -Yea, MacCoy -Yea, Manning -Absent
MOTION CARRIED: All Yea
Johnson: If you wish to pass a decision and recommendation onto the City Council, you
don't have to. By the way it was written you would have to alter that.
Fitzgerald: That is correct.
Smith: 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 under the conditions set forth in these findings of fact and conclusions of law
as amended including that the applicant or its successors and interests, assigns, heirs ,
Meridian Planning & Zon1Rg Commission •
July 8, 1997
Page 20
executors, personal representatives enter into a development agreement applicable to
the entire property. That if the applicant is not agreeable to these findings of fact and
conclusions of law and/or is not agreeable with entering into a development agreement
applicable to the entire property under the conditional use process the property should
not be annexed.
MacCoy: Second
Johnson: We have a motion and second, discussion, Counselor do you have the
corrections, do you have the verbiage?
Fitzgerald: Yes I do and would you like me to repeat it?
Johnson: It is not necessary if you have it.
Fitzgerald: I just want to clarify that in terms of the motion or the
recommendation/decision you included under the conditional use process and that
should be struck is that correct?
Smith: Yes
Johnson: All those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #10: TABLED JUNE 18, 1997: REQUEST FOR A PRELIMINARY PLAT FOR
HAVEN COVE SUBDIVISION NO. 7 BY MERIDIAN LAND DEVELOPMENT CO.:
Johnson: We have moved on the findings of fact and amended those. So we can move
on this preliminary plat as I understand it. You need to bear in mind that the preliminary
plat had ivvo zoning classifications R-4 and R-15. This may be an item that needs
tabling. What is your recommendation Counselor?
Fitzgerald: You can either table it with instructions that the plat be presented in terms of
the overall zoning or you could move it on to the City with the idea that the R-15 is not
acceptable.
Johnson: What would you like to do?
Borup: Well it seems to make sense t
moved on. And to turn around and tabl
would move that we pass it on to City
consideration the previous amendments.
o me, vve just did all that other so it could be
e this we haven't accomplished anything. So I
Council with the recommendation to take into
Smith: Second
Meridian Planning & Zon~j Commission •
July 8, 1997
Page 21
Johnson: Motion and a second to send a recommendation to the City Council for
approval with the amendments as stated in the record, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #11: PUBLIC HEARING CONTINUED FROM JUNE 18, 1997: REQUEST FOR
A CONDITIONAL USE PERMIT FOR VANGUARD MILITARY ACADEMY CAMPUS BY
VANGUARD MILITARY ACADEMY:
Johnson: At this point in time 1 will open the public hearing and invite the applicant to
come forward and be sworn and address the Commission. Is the applicant present? Is
there anyone here that came tonight to testify on this item?
Borup: Mr. Chairman, I think what we are waiting for is more detailed information as far
as the site plan and etc.
Stiles: Chairman Johnson, Commissioners, I hadn't had any contact with the applicant
since the application. I have heard through other sources that they were not successful
in getting the property. But I will see if I can get a written statement from the applicant
for the next meeting.
Johnson: I would appreciate that. If that is our information tonight and it is accurate then
we need to table this item to a date certain until that is resolved.
Borup: Mr. Chairman, would that be a continuation of the public hearing is that correct?
Johnson: Yes
Borup: I would move that we table this item and continue the public hearing until the
next regular meeting August 12~'.
MacCoy: Second
Johnson :Moved and seconded we table item 11 until our August 12 meeting, all those
in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
GENERAL RETAIL PURPOSES BY IQ HOLDINGS LLC - SE CORNER OF LOCUST
GROVE AND FAIRVIEW AVENUE:
Johnson: I will open this public hearing and ask the applicant or the applicant's
representative to address the Commission at this time.
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 22
Mark Zimmerman, 4100 Newport Place, Suite 660, Newport Beach, CA, was sworn by
the City Attorney.
Zimmerman: I appreciate the opportunity tonight to present our proposed retail building
at the corner of Fairview and Locust Grove. We have attempted to address some
preliminary discussions which were conducted with Ms. Stiles and with her feedback of
Mr. Geyer who had originally presented the D & B property with Mr. Schrandt. With the
feedback from that we have prepared and submitted to you for your consideration the
site plan and elevations. I am not sure that this is available for you all to see, I am
happy to pass them around if that is easier for you.
Johnson: I think that is a good idea since they are not very large
(Inaudible)
Zimmerman: I would like to address a couple of the specific comments that came from a
memorandum from the Planning and Zoning staff to you. To tell you how I think we
have and will attempt to meet the requirements and requests that have been put before
us. As you can see from the site plan and from the elevations we have attempted to
maximize the number of parking spaces on the site and have by far not completely built
out. This is approximately a 50,000 square foot parcel amongst the four parcels that
were divided up. It (inaudible) 60 parking spaces there and the building square footage
is 7488. The building has been oriented in order to maximize view corridors not only to
the property in discussion but as well as the property behind us. Mr. Geyer expressed
early on concern about the view corridors to the parcels behind us as well as the
commercial parcel off of Wilson Lane that it have adequate view corridors. We have
complied with that by fuming the building rather than having it be lengthwise facing
Fairview Avenue. We fumed it to be the narrowest part of the building facing Fairview
and oriented the building towards the intersection without blocking the view corridor
from that intersection. We intend to fully comply with the specific comments which were
addressed in the memo. Including the, Mr. Geyer has agreed to landscape and put in a
sidewalk in between the D & B supply store and the proposed retail building. We have
no problem in the landscape requirement the number of trees etc. The item #9 in the
memorandum is suggesting that there be an amendment to the development agreement
possibly. We actually are very much in favor of this amendment. I would like to very
clearly delineate the responsibilities between our firm and the D & B development
agreement that was originally entered into and have suggested what that language may
be to the staff and if it is appropriate I would be happy to forward that on. I have had our
attorney draft that language for your review. I have no further comments.
Johnson: Thank you very much, questions from the Commissioners?
Smith: What is the building material?
Meridian Planning & Zon7sg Commission
July 8, 1997
Page 23
i
Zimmerman: Actually the renderings that you have obviously are computer generated
renderings. I have brought one of the architects here from Hollywood Video. Let me also
give you some color chips, this is going to more close resemble the colors that will
actually be used on the building.
Johnson: Any other questions Mr. Smith?
Smith: What is the material?
Zimmerman: It would be a (Inaudible)
Smith: And the height?
Zimmerman: The building height is 25 feet.
Smith: One of the elevations, you guys did all four elevations. This west elevation
shows a small picture here, is that some kind of a TV type display?
Zimmerman: A mural actually Michael (inaudible) It is a banner, I think it is just, it is not
something that is going to be permanently affixed to the building. It is a coming soon
type banner, it was just really an architects thing. I don't think it is permanently affixed to
the building at all. Typically when the building is first open they will have an
advertisement type scheme that will say coming soon Hollywood Video and may have a
current movie.
Johnson: Those are temporary in nature and they don't comply with our ordinance and
that is probably the reason for the question.
Smith: All the graphics, this is all just paint on there is not any stepping of the material or
depth in the wall? Stepping up and down along
Zimmerman: That is correct with the exception of the entrances is a pop out.
Smith: This sticks out in front.
Zimmerman: The rest of the building is paint.
Smith: What type of glass are you proposing?
Zimmerman: Non-reflective, actually we have a great concern about the quality of the
glass and it would be a tempered glass on this building.
Smith: I just basically was concerned whether it was a reflective type of glass or not.
That is all my questions at this time.
Meridian Planning & Zon~g Commission
July 8, 1997
Page 24
MacCoy: Continuing on, what is this made of here?
Zimmerman: It is also made of a similar material a dryvet material, it looks like a
concrete finish.
MacCoy: I know it does, I wondered if you had something actually formed up there or
Zimmerman: It is formed like a dryvet the dryvet is applied by a Styrofoam and then you
apply a concrete finish over the top of it so you can get that mountain profile.
MacCoy: You said you met with the City?
Zimmerman: We have had several discussions mainly telephonically and then Mr.
Geyer has on our behalf went and discussed the site plan as submitted.
MacCoy: I will use some points here from the standpoint on your handicapped you did
put the islands in which was commendable because we don't see it too often. I was
concerned about or at least information wise on the traffic flow in your plot plan.
Zimmerman: It is obviously a concern for us as well. We have received comments from
the ACHD with regards to requiring a median or a median that is going to prevent a left
hand turn off of Fairview into our site. Mr. Geyer has agreed as part of our agreement to
extend an access road from the D & B parking lot which was originally planned and
contemplated into this site which will access Fairview. To provide left in and adequate
vehicle access as well as Fire Department access. So we will have eventually it is not
shown on that site plan there but as a result of the ACRD comments have agreed with
him to install that access completely to the D & B. So until the site in between the D & B
is developed by another tenant there will be an access road between our property and
the D & B installed.
MacCoy: Inside your property,
Zimmerman: It would effectively straddle the property line, it would continue on from
Fairview as it is depicted on that site plan and continue on across the second parcel
straddling that property line.
MacCoy: I wondered about that because I assumed that was not your property. I am
going to pass right now.
Borup: ACHD comments had dedicated a 45 feet right of way and your, I mean ACRD
says 48 and your plan shows 45 is that
Zimmerman: It was somewhat of a surprise to us because of the recent agreement for a
45 foot right of way and that is why we did not show more than 45 feet. The difference if
we cannot reach an agreement with ACRD on selling them the property then we would
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 25
be happy to provide an easement for that additional 3 feet. Since it will affect actually
the parcel behind us I will need to reach an agreement with ACHD in conjunction with
Mr. Schrandt and Mr. Geyer as to how much property will be eventually dedicated to
ACHD. But I do fully plan to cooperate with them in their apply to install the median as
well as to meet their requirements on this issue.
Borup: When you say the property behind you, you mean the property to the South?
Zimmerman: I believe that is correct yes.
Borup: So they are pursuing the median on Locust Grove also?
Zimmerman: We are pursuing a median on Locust Grove that is correct.
Borup: Is ACRD pretty adamant on that?
Zimmerman: I believe Mr. Sales is fairly adamant that we would like and we would
request that until the time dictates that the median be stalled until that time. Because
currently we have done some preliminary observations of our own about traffic patterns
etc. and believe that as existing today you can have that left in turn. Eventually as the
rest of these four parcels are built out make that a requirement as the traffic trip counts
increase on this particular property.
Borup: Was there any discussion on why they don't have a median north of Fairview but
yet they are requiring one south?
Zimmerman: I am not sure, that is very good comment. I am not sure that was exactly
discussed.
Borup: So that was not a question you asked them then? That is one that I was curious
on just based on the amount of traffic that seems to be north of Fairview compared to
that south and why (inaudible).
Zimmerman: I coming from California don't clearly understand the future of the main
thoroughfares, but can appreciate that in the future when a City is growing as fast as
Meridian it that it is necessary to implement these type of traffic mitigation measures.
Borup: Welf yes I think we are trying to prevent some of the California problems. A
couple of questions on staff comments. Specifically number 5 and 6. One was sidewalk,
is that at this point you are developing sidewalk along just along your site only?
Zimmerman: My responsibility will be from the proposed curb cut from Fairview around
the corner and the intersection along Locust specifically on my property. But Mr. Geyer
has agreed or Mr. Schrandt I should say has agreed to comply with number five which
Meridian Planning & Zo~g Commission
July 8, 1997
Page 26
would require that landscaping and the sidewalk be installed in between the D & B store
as it exists today and the proposed retail building.
Borup: That would be on parcel number 2, I was wondering on Parcel 4. And you
mentioned that before about tying in there which I think that is real appropriate to have
that tied in. What about parcel 4 to the south? Your site plan appears to show sidewalk
there and along Wilson Lane, I think that was staffs question is was that really intended
to be developed there with sidewalk?
Zimmerman: I have attempted to cooperate with the current owner of this property and I
believe the engineer which was also the engineer that developed the site plan for him
carried that over from a previous plan and it was an error actually. It should be called
out that in fact on the proposed lots 3 and 4 I don't believe along Wilson Lane and
Fairview there will be sidewalks and landscaping installed at this time.
Borup: I don't know that is a problem more of a question. Being consistent between
what your intentions were and what the site plan shows. Item 6 was talking about
pedestrian walk ways. That may not be a real large pedestrian intersection but there is
quite a bit of development across the street and there is a fair amount of pedestrian
traffic with young people on bicycles and such. Has that been discussed on
incorporating some type of sidewalk tying in? I don't see that the plan shows any period.
Zimmerman: Other than just a sidewalk around the adjacent
Borup: (Inaudible) for them to get from Fairview or Locust Grove into your property into
the store. How is a pedestrian going to get into your store without crossing from the
parking lot or crossing through the access driveways?
Zimmerman: Currently as the site plan is drawn it would be required to put in a
pedestrian cross walk in order to allow (inaudible) the circulation throughout the parcel.
We would be happy to comply with that type of pedestrian access.
Borup: 1 would think that would be to your benefit too to have that. So that is something
you are looking at incorporating?
Zimmerman: Absolutely, now just to be very clear I believe that we can meet the
requirements of the staff and we will work closely with them to incorporate a cross walk
or some form of access. But I would like to maintain the traffic pattern of circulation
within the site not only for vehicular access but fire department access as well. I think it
is very important to have two access points into the site.
Borup: Not speaking for staff but from my, I don't if it needs to be anything very
complicated. Just a sidewalk from Fairview or Locust Grove through your landscaping
area over to the store.
Meridian Planning & Zonl~g Commission
July 8, 1997
Page 27
Zimmerman: I think we would be happy to work with staff to meet that requirement.
Borup: Again I think it would be to your benefit and I would (inaudible).
MacCoy: I want to go back, on your elevation here. You show I am assuming lights
along here are they wash lights that wash the face of the building or are they lights that
come out of the lot or what kind of lights do you have?
Zimmerman: Those particular lights are lights that will light up the building. They, if I
had a cut sheet here showing the direction of that light again let me defer to my
architect Michael Young, (inaudible) I don't believe, I am certain that it is not greater,
they are washing the building. The lights are washing the building and I am just not
certain as to whether it is a 45 degree angle.
MacCoy: I just thought if you do that, I noticed on all of your elevations you had those
lights are on the entire building. There comes then the glare situation out there if they
are not a wash light. Just so we don't get duped into something here, is this a painted
situation here?
Zimmerman: No sir that is not painted, are you specifically pointing at the letters?
MacCoy: The letters, let me go one step further. Is this going to be a neon sign that
flashes on and off?
Zimmerman: No sir it is not a neon sign that flashes on and off. Just as you would
depict the Hollywood sign it will be lit but it will not be flashing or an unattractive type of
sign. I believe that they intend to go for a, staff has recommended a sign permit
process that they will be going through to show that more clearly. That is not a flashing
sign.
MacCoy: What about parking lot lighting, what do you plan on doing. Is the lighting oft
your building going to take care of your parking lot or are you going to put something
else out there?
Zimmerman: There is definitely a plan to adequately light this parking lot. I am not
certain of the candle watt power that will be in the parking lot but safety is a major
requirement for Hollywood, we are obviously a national tenant and are concerned about
the pedestrian access. I believe on the site plan that we submitted, I don't have one in
front of me but I was thinking
MacCoy: It doesn't tell me how high your posts are going to be. If they are just 4 feet off
the ground and throw light into your planters and parking lot or if you have got one 25
feet in the air.
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 28
Zimmerman: They are typically a 25 foot type parking lot light with a box, I forget the
actual name of it, but a box with a directional light that would shine straight down. Not a
bulb glare.
MacCoy: We are not going to illuminate the entire neighborhood with this type of thing.
Zimmerman: That is correct.
MacCoy: Also it is a real concern of ours is that you end up on Fairview, we
unfortunately have some examples there in town off of that main drag situation where
that type of thing is very distracting to motorists. Of course we are real concerned about
that situation now too. Lighting becomes a real issue with us and besides talking about
signs we want to be sure our lighting is correct too. You will be working with the staff on
that (inaudible) you are aware that we have some problems there.
Smith: This is a chain store?
Zimmerman: I have actually brought the director of the Northwest Division is here
tonight for me if you would like to have a description of the company. It is a chain store
to answer your question. Spec'rfically it is a national chain, the second largest?
Smith: Do you have any other stores in the Treasure Valley?
Zimmerman: No, Twin Falls is the closest location.
Johnson: Just to continue on with that train of thought, is this the standard type store
and design and colors or is this a deviation from what you have done in the past?
Zimmerman: This is a prototype building, this is a standard building.
Johnson: If there are no other questions then we will hear from the public unless you
have someone else on your staff that needs to make a comment?
Zimmerman: Not at this time.
Johnson: Thank you, anyone from the public that would like to address the Commission
at this time on this application?
Barbara Clark Myall, 6227 Marlborough Drive, Goleta, CA, was sworn by the City
Attorney.
Myall: I am the owner of approximately 18 acres immediately south of Wilson Lane at
1470 North Locust Grove Road. Which consists presently of a private residence and
agricultural land. My property borders the entire length of Wilson Lane and is
approximately 400 feet south of Fairview. The Meridian Comprehensive Plan has
Meridian Planning & Zon~g Commission
July 8, 1997
Page 29
identified the area as a mixed use. I was only briefly able to review the ACRD
recommendations for this project as they were just received on yesterday, I was able to
get a copy. Today I placed a call into Larry Sale but he was not available and I have not
heard from him at this point. Perhaps he could have answered by questions and my
concerns about the intersection but as a result I was presenting to you tonight for further
clarification. The one of the requirements for ACHD that concerns me is the
construction of a 310 foot median down Locust Grove Road. Which would go past the
turn in at 225 feet into the building on Locust Grove Road. Wilson Lane would be the
next available left in turn. Vehicles could foreseeable proceed down Wilson Lane
accessing the development at the D & B rear driveway. Going up to their proposed side
driveway into the video store. I am concerned about the amount of traffic this would
generate on Wilson Lane. If you consider this a problem right now I have witnessed and
my tenant has witnessed many vehicles are coming in Wilson Lane accessing the back
of D & B supply from that point. I don't know if that is a concern of the City but it is a
concern of mine. I do not know what the development of my property will be in the future
at this time. Another possibility unfortunately I think this might be illegal is that people
may make a U turn around the barrier to drive back up to access the building that is on
the corner. The ACRD report estimated that there would be 750 vehicle trips per day
generated by this parcel only. Now I do not know if that is round trip or single car or
how this documentation has been achieved. But I did pick that up. I am sure that some
vehicles will access from Fairview but I am concerned about the accessibility from
Wilson Lane. I think that needs to be addressed with ACRD and also the people at D &
B supply. Do you have any questions?
Johnson: Yes I have one, did you have any opportunity, I know you didn't since you saw
the ACHD requirements but had you talked to them previously about that say when D &
B was developed or have you had conversations the last year or so with ACRD about
that? You knew that property was going to be developed.
Myall: Eventually but I did not see ACRD recommendations until yesterday about the
310 foot median on Locust Grove.
Johnson: So that generated your concern the median not the fact that Wilson Lane is
(inaudible)
Myall: I know that comer has a problem with accessibility because of the congestion at
that intersection. I am very much aware of that. But I have never seen a proposal for a
develop and a response from ACHD until this current time. So I had no way for
foreseeing the future. But I knew it would be a problem and it will be until that road is
widened.
Johnson: I know this subject has come up before and it came up with D & B came up
not specifically the length of the median but the fact that Wilson Lane (inaudible).
Meridian Planning & Zoning Commission •
July 8, 1997
Page 30
Myall: Well (Inaudible) but now with the driveway out to Wilson Lane the big trucks
come in there all of the vehicles come in there right in front of my house. The driveway
goes round in front of my window and that is not too pleasant.
Johnson: Is Wilson lane a private lane?
Myall: No, it is a County lane it has, the dead end lane has not been finished on side. It
is a county road.
Johnson: Well that was my understanding it is not a private lane it is a County lane
Myatl: it is a county road but it is a dead end and it doesn't have sidewalks you know
finished on either side.
Johnson: Thank you, any other questions of Ms. Myall? Is there anyone else from the
public that would like to address the Commission on this application. Are there any
further comments from the applicant?
(inaudible)
Zimmerman: In the event that you would like to have unmounted copies that are the
same size I do have those available tonight. You had asked me (inaudible)
Johnson: We would like those at least one copy for our records. Does anyone else any
comment from the staff or Commissioners themselves before I close the public hearing
then? I will close the public hearing at this time. This is an application for a conditional
use permit, it would require findings of fact and conclusions of law.
MacCoy: Mr. Chairman, I move that we have the Counsel prepare findings of fact and
conclusions of law for this project.
Smith: Second
Johnson: Moved and seconded we have the City Attorney prepare findings of fact and
conclusions of law , all those in favor? Opposed?
MOTION CARRIED: All Yea
FIVE MINUTE BREAK
ITEM #13: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-O BY
CHERRY LANE BAPTIST CHURCH - 2150 W. CHERRY LANE:
Johnson: At this time I will formerly open the public hearing and invite the applicant or
the applicant's representative to address the Commission.
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 31
Randy Fout, 2062 N. Gladewater, Meridian, was sworn by the City Attorney
Fout: Mr. Chairman and Mr. Commissioners Cherry Lane Baptist Church has reached a
point where it has outgrown its existing property and is looking at the options of
purchasing other property and selling the existing building and property. I would like to
address some of the issues in the memorandum that we received just recently. So that
you will know what we are doing since we have paved our parking lot. We have installed
our sprinkler system, sod, landscaped the medians with appropriate shrubs and bushes.
WE have been working on taking care of the drainage system problem we have put fill
in there, we still have more to put in. We have taken care of all but one small section of
that at least we think we have until we have more wet weather. We do have some trees
purchased sitting on the property to be planted right now and we will purchase the
remaining trees and get those in the ground. As far as cert~cate of occupancy, that we
were surprised by. We have no idea why or if we do or don't have and why we don't.
So we will certainly check into that and take care of that issue. Since we have been
using the property for two years I am surprised that we don't have.
Johnson: Anything further Mr. Fout, any questions of Mr. Fout from the Commissioners?
Borup: Mr. Chairman, I was rather dismayed and concerned a little bit by staff
comments on these items. You say you have been in there two years ago and these
things were supposed to be done at that time. The landscaping and etc. is there a
reason that wasn't done at that time?
Fout: Part of the reason is the road was redone just about the same time we had to wait
for Ada County Highway Department to finish the road. They then promised they would
complete part of the front end which we had to wait considerable amount of time for that
to take place. Once that was done the very next available time the following spring we
sodded that front, got our sprinkler system in and sodded the front. The drainage
system hasn't been a problem, it says in here that the design engineer has been
contacted and we have had no contact from him about the situation. We have been
working on it to solve the problem within ourselves but we have had no contact from
him. So if the City has contacted him he has not relayed any of that information onto us.
Borup: So at this point you are not sure whether the drainage problem is solved or not?
Fout: We are sure that it is and we have more fill that we can put in it if we need to. The
issue is we have a really high water table there and we have to get it filled up enough so
that when it does rain the water will disappear under the dirt. When it was done
originally the contractor left it too low.
Borup: You do have grade there that allows you to raise that then?
Fout: Yes we do.
Meridian Planning & Zor~g Commission
July 8, 1997
Page 32
Borup: You said you had purchased some of the trees, do you have any idea how many
some is?
Fout: I was going to count them tonight, it looks like there are somewhere between 12 to
15 trees sitting there that were supposed to have been planted this month by now but
they are not in the ground but they will be. One of the issues that we are waiting for is
to discuss whether we can plant those trees in different locations than what is on the
plan. Or vve need to follow the exact plan. Our medians in the parking lot are very small
and would take a very small tree. Thus we put shrubbery in there thinking that would be
adequate so we need to discuss that with the code enforcers and staff.
MacCoy: Keith has brought up the same questions that many of us have. I was really
kind of appalled when I read the staff report on this and said that these were items that
were left over from the beginning. I couldn't understand why they weren't picked up. I
have been on your site over there and looked at it and it is true your medians are very
narrow and have a di~cutt time with a big tree. There is a lot of I think they call it trash
junk or what have you sitting in the back of your area which is seen from Cherry. I don't
know if it is casings or pallets or whatever it is back there. It just doesn't look like
(inaudible) I guess is what it amounts to. So I am assuming you are going to clean all of
that up. I just have one other question looking ahead if you get your rezoning that you
request I would assume you are planning on expanding your building?
Fout: No sir we are planning on moving sites. We really don't have parking available to
expand that facility there.
MacCoy: That was my next question if you expand your building where are you going to
park.
Fout: That is our problem, we have a full parking lot and we can't park (inaudible)
Johnson: Didn't you testify you are preparing the property for resale?
Fout; That is correct.
MacCoy: One of the things that I was going to caution and people do all kinds of things
or groups do all kinds of things. You have housing behind which is single type story
type housing not, second stories so you would have a difficult time doing much of
anything. With that plus parking and who knows what else you have problems with
there.
Fout: We have a real problem and recognize that parking situation. That is why we are
preparing it for resale thus your issues will be taken care of because for resale it needs
to be clean, trees need to be planted. So of those things were oversights in the process
Meridian Planning & Zon1Rg Commission
July 8, 1997
Page 33
of volunteer people changing jobs and someone else coming along and realizing this
had to be done. For instance the certificate, this is the first I have heard of this.
MacCoy: So you don't plan to change the exterior or your building by anything, that is
the way it is and it is going to stay that way.
Fout: We may repaint it for resale but other than that no.
MacCoy: That is al I have
Smith: I basically reaffirm what Commissioner Borup and Commissioner MacCoy said. 1
am disappointed that these other issues that were part of your building permit
application requirements, requirements not options were not completed. And without
wasting everybody's time any more I would like to refer to the last paragraph of staff's
report that the ordinance rezoning on the property not be approved until the noted
improvements have been completed and the proper certificate of occupancy has been
obtained for the building. So I guess I would like to make, I don't know what else there
is to discuss about it.
MacCoy: You did raise a question, Shari where do we lack from getting this thing
resolved?
Stiles: Chairman Johnson, Commissioners, as far as what is in our report?
MacCoy: Yes, I feel the same way Byron does, as long as these things are standing out
here facing us I am willing to very quickly join your staff report and say that is it.
Stiles: I think that you could go ahead and order the findings of fact and conclusions of
law and simply have included within those findings that the annexation ordinance not
take effect until those other improvements have been completed. The Council would
just not pass it and it would still remain the zone it is now until those improvements were
made and their certificate of occupancy was received.
Johnson: I have a question about that if I might. Maybe I am confused, what we have
got is an application for a rezone to LO right. What we are saying in effect is that they
didn't comply with the original application for zoning which was R-4 is that correct?
Stiles: I don't know that they didn't comply with the original application for zoning, they
didn't comply with the requirements of their building permit.
Johnson: Then my point is this, I guess what I am seeing here is maybe they didn't do it
right the first time and they ignored what we suggested they do. And realizing that we
are working here primarily with a volunteer group for lack of a better term anon-profit
group whose design engineer doesn't even talk to them. How best can we resolve the
situation they are in now so they can proceed with the LO and get rid of the property
Meridian Planning & Zon7~ig Commission •
July 8, 1997
Page 34
and move onto something more suitable for their venture I guess is what my main
concern would be. Rather than at this point try to be vindictive and say well you didn't
do the things that we asked you to first so we are going to make you do that and the
minute you do that you are not going to be able to use it anyway and you are going to
move on to a new zoning of LO. I am a little confused here as to what we are trying to
do.
Stiles: We don't have any objection to the rezone, in fact it needs to be rezoned. But I
don't think they should be facilitated into selling their property to someone else to have
somebody else inherit the problem that they need to take care of those problems
themselves before it is a re-saleable property.
Johnson: So in order to do that and back to Malcolm's question that check list of things
that need to be completed exactly what is on that list?
Stiles: Finish their landscaping and drainage and get their certificate of occupancy.
Johnson: Those three things as stated in your memorandum?
Stiles: Yes, at that time we were not requiring bonding for improvements and we were
also not following closely the certificates of occupancy as vwe are today. It may be that
in the future we have to get bonding for improvements prior to even issuing a building
permit.
Johnson: I understand that, that is not the way vre did it then. Okay, I can understand
the drainage situation, I can understand the certificate of occupancy but isn't the
landscape requirement going to change with the rezone with whatever happens there.
Is it going to applicable to whatever the rezone is, we don't know that do we?
Stiles: Unless you want to require, I mean commissioners or Council could require that
it have a 35 foot landscape setback as I require on other properties along Cheny lane.
Johnson: I guess my want is to be a little sympathetic with the situation and try to help
them move as best they can and staff comply with the city requirements that is the just
of my whole question.
Stiles; I am not suggesting they do anything beyond what was presented as being
proposed in September of 1994 when they submitted their plans.
Johnson: I understand that in September of 1994 they thought they were going to stay
there. I just had to see people spend money for something they are never going to
realize. But I do understand the position you are in as well. Anyone else?
Borup: Your comments started me thinking on things along that same line. When I first
saw this I thought they were just in for a zoning change this is the third church we have
Meridian Planning & Zoning Commission •
July 8, 1997
Page 35
had in the last little bit for a zoning change because the new requirements. If another
use comes in there are you saying that the landscaping requirement or the landscaping
as was really proposed would be appropriate for whatever new business would come in
there. What I am leading to is if not then maybe that is a waste of effort there to do a lot
of landscaping that would have to be changed in the future or maybe more appropriate
for a new business to do that themselves.
Johnson: We are all just kind of thinking out loud here.
Stites: We have a lot more control over the rezone and the subsequent sale of that
property then we would if it is just rezone and they go ahead and sell it to somebody
and then we have to tell the new occupant that you can't get a occupancy because the
past occupant never complied with any of their requirements.
Johnson: So that is why I was trying to get a short list and I guess we got a short list.
Stiles: It is pretty short.
Johnson: The only one I would question on that list would perhaps be the landscaping
requirement at this point.
Stiles: That was shown on their plan in 1994.
Johnson: I understand that.
Borup: Mr. Chairman, would any new business use coming in require a conditional use
or with an LO zoning an office could just move in.
Johnson: If it is just zoned LO an could just move in.
Stiles: They couldn't get an occupancy certificate.
Johnson: They have no drainage and (inaudible)
Borup: Most of the things that have gone through here I am not sure how they end up at
City Council but they have all been conditioned on the conditional use permit anyway no
matter what the zoning is. So that was my question, does this apply to this situation too.
That would go back to however it was originally approved. Well it was originally
approved as an R-4 so I guess that is something we can do right now.
Johnson: Let's complete this hearing process if we can at this point. Is there anyone
else from the public that is here to address this application at this point? Are there any
questions of Mr. Fout since we have had our discussion here kind of informally.
Meridian Planning & Zon7Rg Commission
July 8, 1997
Page 36
Borup: If you have already got half the trees bought I would assume you need to go
ahead with installing those at this point anyway.
Fout: We really have no problem with meetings those requirements. Whatever vve can
work out with the staff as far as location that is not the issue with us. The issue is we
would like to resolve those things so that we can move on.
Johnson: In that regard then have you done anything toward addressing the drainage?
Fout: We have put fill dirt in May trying to bring it to a level where it will balance the
drainage out. We have got all of it solved except for one corner, one area. That we will
continue to work on until it is adequate for the City.
Borup: Has an engineer looked at a redesign of that then or how did you determine how
much fill you needed and what it was going to take etc.
Fout: Our pastor is here and he probably could address that better.
Clint Henry, 2865 West Parkstone, Meridian, was sworn by the City Attorney
Henry: As far as the drainage situation, I would estimate that we probably have not had
more than three to five inches of water standing there I the ditch and that was because
our contractor who put the parking lot in dug below the water table and exposed that
water. We have really only tried to being in enough dirt just to eliminate that problem.
The ditch o the east side of our property was pretty deep at that time. There was a
comment about the stability of the fence that is between us and the subdivision
immediately to our east. We feel like that problem was created by our contractor when
he dug the soil away from the fence. Although we would also say that the fence had
fallen down prior to any work on the parking lot and previously to that. Since the last
repair was made on the fence which I if I understood right was charged to the contractor
that did the work on the parking lot the fence has remained in an upright position since
then. So it would seem to me with our drainage situation and just trying to cover up the
water table that we have not changed the amount of water that the ditches would be
able to hold because obviously water was already there (inaudible) and the problem
was primarily they are just on the east side. That is probably the only thing I would
know to say about the ditches themselves. As far as we know the construction was
done according to design but have just not had any communication from our engineer
about the concerns that have been raised to him. I did field a question or a concern
from someone that I think had represented Linder Falls Subdivision. I think shortly after
the construction was completed about some of the issues that you saw in the report
about mosquitoes and the standing water there. That is the only call that I have had
there at the church. That is probably all I would know to say unless you had a specific
question.
Meridian Planning & Zoni7fg Commission
July 8, 1997
Page 37
Borup: You are referring to ditches, those are ditches that drain somewhere or could
you elaborate on what you are talking about the ditches?
Henry: I think the word is Swale that is there in your report. So I would be referring to the
same thing, it is along the East side and the south side of the parking lot.
Borup: So it is a drainage Swale there that is not draining.
Henry: Only over on the northeast corner and the east side where the contractor dug
below the water table.
Borup: So, maybe our engineer may have a comment Mr. Chairman.
Johnson: Gary Smith did you have a comment regarding the drainage?
Eng. Smith: I might issue a point of clarification perhaps. The swale along the north
side of the parking lot and along the east side of the parking lot is a retention basin. The
water doesn't go anywhere from it.
Johnson: It is on site retention right?
Eng. Smith: It is on site retention for this parking lot only.
Borup: Isn't by definition water normally stands in there after a heavy rain.
Eng. Smith: It would only stand if there was an impermeable barrier on the bottom of the
Swale otherwise it would percolate down. If the soils beneath the swale were
permeable and I don't know how it was constructed. There is some, there is an
infiltration trench along part of that system at the very north or southwest corner of the
project. That is a trench and there is an infiltration trench in the very northeas# comer of
the swales that would allow the water to supposedly penetrate into the ground through
some gravels. So this thing was designed as I can read these plans that were
submitted was designed to drain to the east side and the north side of the parking lot
the swales were designed to drain toward this infiltration trench in the northeast corner.
Obviously if you have ground water that is existing in the trench because it was built at
an elevation other than what was design then you are just going to have water there. It
is going to stand (inaudible) and it is not going to drain away.
Borup: Mr. Smith, you feel in filling those trenches up above the ground water is a
solution for that then?
Eng. Smith: I assume if it is filled to a point that would eliminate the ground water from
wicking up through the soil. I don't know that, I don't know what that distance is but
water will wick upwards for a distance. I don't know what the design, I couldn't get an
answer from the design engineer as to how it was built. He pretty much said he
Meridian Planning & Zoning Commission •
July 8, 1997
Page 38
provided the sign plans, it was built by somebody else, it was staked by somebody else
and he wasn't involved in it. So he couldn't give me any background information on
where the bottom of the swales were at the time I talked to him in 1995 and wrote him a
letter requesting some input because of the complaints that we were receiving on the
mosquitoes and the odors.
Borup: I think what my concern is it sounds like the church is making effort to take care
of the problem, I just wonder if it is going to be a permanent solution or temporary
solution. I am not sure the best way to determine that.
Eng. Smith: I think it would be helpful to have someone to have the church provide us
with some information on this design plan as to whether it is built or can be built in
accordance with the design plan. Or if the elevation of the parking lot was constructed at
such a grade that you don't have the holding capacity in the drainage swales for the
design storm on the parking lot area. I really don't know what is there now what exists
as compared to what was designed. In the storm drain thing it is all a matter of what
you want to put up with. How long is it going to take if you get a serious thunderstorm
that is beyond your design of your parking lot and you have a flooded parking lot for a
period of time. Eventually it drains away so what do you want to put up with as far as
inconvenience goes. We have adopted the design standards from the highway district
so that you really don't have an inconvenience factor to deal with. That is what we have
tried to get the parking lots designed to. In this case I really don't know what is there
compared to what was designed. The design engineer can't tell me.
Borup: It sounds like you are saying the original design would have been adequate
though as on paper.
Eng. Smith: On paper yes sir. According to the engineer that stamped the plan but I
can't tell you Commissioner if the amount of soil that has been placed in the bottom of
those swales has resolved the problem and still provide it a reasonable facility to
dispose of storm water.
Borup: Is there any other solution other than having the design engineer or some other
engineer come out and take a look at it and determine what really needs to be done.
Would that be correct procedure?
Eng. Smith: That would be my thoughts. I don't know of any other way to tell what the
capability is.
Borup: It sounds like the problem is just the ground water and that little spot then getting
it up above that ground water may do it. My question would be whether that is the only
problem.
Eng. Smith: I think that probably that will resolve the water in the bottom of the Swale.
Meridian Planning & Zonl}fg Commission •
July 8, 1997
Page 39
Borup: Which has been the neighbors complaints is that correct?
Henry: As I would understand it then the dirt that has been brought in our building and
grass committee has not completed the spreading out of the dirt but in the areas where
they had done their work I could see a difference.
Borup: It sounds like one of the concerns of the City was some of the neighbors
complaints. You mentioned if the others design them properly that is their problem to
live with.
Johnson: Any further comments from anyone? If not I will close the public hearing at this
time.
Fitzgerald: Chairman Johnson and Commission if I could since we have closed the
public hearing at this point I would kind of like to address that question that the
Commission and the Chairman raised. In terms of the issues from the prior zoning or
building permit or whatever history is behind that which I am not aware of. I would like to
clarify in terms of general what the Commission is doing. Number one under section
11-2-416 K there are standards in which the Commission looks at this application.
Under that application then you determine whether or not the application for a rezone or
a zoning amendment is proper. In terms of the question that arose as to continued or
other uses the Commission can recommend the property only be developed under a
conditional use permit or a development commitment or a commitment from the
developer be agreed to. But in terms of the prior problems with the property that would
like to the original annexation or the conditions imposed upon under the building permit
when that was issued or a conditional use permit that was issued. That is where the
enforcement process would come in. Does that clarify or confuse?
Johnson: I am impressed that you remembered all of those ordinance numbers. What
would you like to do commissioners?
MacCoy: I guess I would like to table this until we got it cleaned up.
Johnson: I would suggest we put some stipulations in there as to what cleaned up
means specifically.
MacCoy: (Inaudible)
Borup: I don't know that we need to table it to get things taken care of.
Fitzgerald: Mr. Chairman, may I make a comment at this point. Again going back to the
issue that is before the Commission is this application for a zoning amendment. Should
it be rezoned from Ro-4 to L-O in terms of these prior problems or issues of, 1 don't want
to use the word non-compliance. But certainly that is one issue but that should not
necessarily, the duty of the Planning and Zoning Commission is to make a
Meridian Planning & Zon~g Commission
July 8, 1997
Page 40
recommendation on this application to the City Council. So the motion to prepare
findings of fact and if there are conditions that the Commission would like to impose in
terms of that rezone then that would certainly be the proper way to approach it.
Johnson: You would incorporate those in the findings of fact is what you are saying?
Fitzgerald: That is correct.
MacCoy: That sounds like a better idea. Can we do that that way, Mr. Chairman, I move
we have the Counsel prepare findings of fact and conclusions of law for this project, in
light of the staff report.
Borup: Second
Johnson: Moved and seconded we have the City Attomey prepare findings of fact on
the application for a rezone from R-4 to L-0 by Cherry Lane Baptist Church, all those in
favor? Opposed?
MOTION CARRIED: All Yea
Johnson: Does anyone have any questions on what we did on that?
(Inaudible)
Johnson: Well we had a public hearing and as I recall I closed the public hearing
because nobody raised their hand.
(Inaudible)
Johnson: No, I asked if there was anyone else that would like to address the
Commission on this application I believe is what I said.
(Inaudible)
Johnson: There wasn't a motion for you to be opposed to at that point.
(Inaudible)
Johnson: The only way we can accommodate you is to reopen the public hearing and I
am not too sure that we can do that now that we have gone all the way to findings of
fact, I will have to ask the City Attorney that.
Fitzgerald: At this point the public hearing has been closed, we have had the motion.
Meridian Planning & Zor~j Commission •
July 8, 1997
Page 41
Johnson: Your alternative at this point is to appear before the City Council. Here is the
progress of what happens or the chain of events. Tonight we have a public hearing and
we gather testimony which we would hope would include both sides of the issues. We
just got one side of the issue tonight. Now we have the City Attorney look at it from a
legal standpoint that is what we have been talking about. He prepares the document we
went through several of those this evening. There is no public testimony at the Planning
and Zoning Commission when that document is presented which will be our next
meeting August 12~h. Then following that since this body has no authority in this
situation it moves to the City Council at which time they re-notice and there is another
public hearing. At that opportunity which will probably be late August or Early
September depending on their workload you will have an opportunity to go before them
again. I would encourage you to do so. The other thing you can do is you can offer
written testimony in advance of that which will be incorporated in the public hearing with
the City. It will not become part of our findings of fact because we have passed that
stage. So I apologize for the confusion and I guess next time I will have to make myself
more clear about if anyone has anything else to add to the hearing this evening. I
apologize for that.
ITEM #14: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR
A FAMILY HOME DAY BY B. GAIL CARRITHERS -1060 TAMMY PLACE:
Johnson: At this time 1 would open this public hearing and ask that the applicant
address the Commission or the applicant's representative.
Betty Gail Carrithers, 1060 Tammy Place, Meridian was sworn by the City Attorney.
Carrithers: I am a family home child care provider. My family and I recently relocated
here from Vancouver, Washington where I was a licensed day care provider. In my day
care I provide a safe and secure environment for the children to learn and play. I teach
the children to be good citizens and to respect one another and the property of others.
At no time would the children in my care be allowed to run wildly through the
neighborhood. I am aware of the limited parking space available in our culdesac. I do
not feel that this will be a problem to anyone we have room to accommodate four
vehicles on our property in addition to our own. It has been my experience that rarely
do more than 2 parents arrive at the same time and we can easily handle the parking for
them. I feel that my day care will be an asset to the community as providing quality care
and teaching good moral standards. I feel that I have met the requirements for an
accessory use permit and would like to be granted one.
Johnson: I am sure we have several questions, Mr. MacCoy?
MacCoy: Have you been in receipt of this material here?
Carrithers: Yes I have
Meridian Planning & ZomTig Commission •
July 8, 1997
Page 42
MacCoy: You have read through that?
Carrithers: Yes I have and I have no problem with any of it, I was a little bit unclear
about being charged commercial use rates but if that doesn't take effect until I have
been in business to see if it does change I would appreciate that. I would certain sign an
assessment form so that we can see, Meridian will only allow me to watch three other
children other than my own. I am only allowed five kids. Because of the age of my
children I plan to keep the group at approximately the same age which is 3 years and 11
months are my kids. So the chance of more water usage is probably non-existent with
three little kids a couple in diapers. I feel that everything else on the application, it does
say that I should secure and maintain a child care license from Idaho State which I plan
on doing. But in order to start doing day care it is my understanding that I don't have to
have a license at this time to do child care in Meridian but I do plan on getting licensed
anyway. I would still like to make it known I would like to be sure that is what it is saying.
It is saying that I should maintain a child care license, I am going to do that, but I would
like to be able to start taking care of children in my home before that is in effect. I
believe that is the City says that I can do that. They say that 1 can, but I want to make
sure because it says that I should, I want to make it clear that I am not doing anything
that I am not supposed to be doing with you guys.
MacCoy: You already addressed off street parking, are you planning to do anything to
the face of your home?
Carrithers: No and I don't like the idea of signage either. I won't need to make any
adjustments as far as lighting or anything because it is a family home day care and it
just isn't necessary.
MacCoy: I have been out at your place and have noticed the size of your yard. I also
noticed that your gate was locked which was good with a pad lock on it. One of the
things that we are concerned about is that there is no way for the child to get out and go
someplace. Kids are pretty sharp about figuring out how to open a gate.
Carrithers: I have been in the child care profession for a while and that is my top priority
is the safety of the children. I don't even allow mine to be out front without us outside
because of the ages of the children. We have a large nice yard in the back that is plenty
of play room. I have a nice set up I have play equipment so that they will be able to play
outside in a fully fenced enclosed area. I do have locks and I was going to actually plan
on locking the side where our, there are two gates on our property one is by the trash
and the other is the other gate. I do plan on pad locking that when I get children in my
care also.
MacCoy: That also takes care of the screened trash because you have that taken care
of right now. What about noise with five children, it is a very quiet neighborhood you
have there.
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 43
Carrithers: There are children behind our property now, there are families that play on
the trampoline and have fun. I don't feel that three additional children to my own is going
to create a noise problem.
MacCoy: I just want to be sure that you are aware of your neighbors because that is
where your biggest problem is going to come from. Of course you have got to make a
meeting with the fire department to go through that, it is very important too. Do you plan
to have any handicapped children eventually?
Carrithers: I plan on taking whatever child needs my care and if at this time they will be
able to come right from my driveway into my front, I just have the step which everybody
has to step up. Which I can take the stroller in and out of it all the time and I am sure it
can be accommodated if I put a little ramp at some point. I don't know the need of it in
Meridian, I don't know how many people are going to come to me with a handicapped
child. I certainly wouldn't refuse one because I need to put a ramp in. But at this time I
was 15 months in Vancouver, and I didn't have one handicapped child. They usually go,
from my experience they usually go somewhere they don't just need child care usually
they need more and they usually go to a facility that can offer more than just child care if
they are handicapped.
MacCoy: I thought I would just ask the question because some people do just that they
take care of handicapped children. If you plan to either do that or do a mix you should
find out what you are going to need as far as code requirements to take care of
handicapped children in the State of Idaho. Since you have got a culdesac there which
makes a safe place you haven't got a lot of traffic so you shouldn't have any trouble for
drop off and pick up. The fencing and, I was going to ask you about is your home in a
complex that has a homeowners association or do they have covenants?
Carrithers: There are covenants that we were handed when we purchased the property
which we reviewed because we knew that is what I do and from our understanding of
the covenants it doesn't restrict. It does not restrict home child care, I don't know if the
City sees it differently but it doesn't address that issue. (End of Tape) I was also told
that the covenants were written before the actual subdivision was built and the
covenants were written for actual town houses so it doesn't have anything to do with the
neighborhood that actually went in.
MacCoy: I just want to let you know that your homeowners covenants take precedent
over us because that is right there in your local area. We take care of the code
systems, if your covenants say you can't, thou shall not
Carrithers: No it doesn't say and that is why I bought, I wouldn't have bought the home,
I am not renting, I bought the home and it doesn't say anything that I cannot do home
day care.
Meridian Planning & ZonT'ng Commission •
July 8, 1997
Page 44
Borup: Just one question probably for my education, you said the State of Idaho does
not require a day care license for five or less? In your application you said no.
Carrithers: Let me see, right, I don't have to be a licensed day care.
Borup: The question is, is the State of Idaho basic day care license required for this type
of facility? I assume that meant five or less so Idaho does not require a license for five
or less and maybe the number is higher than that I don't know.
Carrithers: The state of, to be honest I am not sure what exactly the state required
because I was going to get licensed period. So it wasn't a question to me, I wouldn't do
daycare without being licensed because I believe in what I do and I believe it is
important to be licensed for what I do. The City of Meridian doesn't require me to be
licensed to watch the children.
Borup: I have a question for Shari then, in your staff comments you said the applicant
shall maintain a child care is it your understanding that the State does not required for
this number and Meridian does require one either, could you explain that?
Stiles: I would have to double check that but I believe that our Accessory Use provision
does require that they obtain a license from the State. They can receive a license from
the state whether they have one or
Borup: So that is more of the City of Meridian ordinance saying get a State license.
Stiles: That way we are assured that they had the background check.
Borup: And the City of Meridian doesn't have to worry about that expense. That makes
sense, it seems like a good ordinance when you let another agency take care of it.
Johnson: I have a question, what are your anticipated hours of operation?
Carrithers: My anticipated and ideal hours of operation vwuld be open from either 6 or 7
in the morning depending on the parents need and Dosing at 6 at night. That would be
the ideal situation for me. However I don't know the need in the City, I have done some
research on it and I know there is a great need for child care during what hours I am not
sure. I know that I, that was the hours of operation I was in Vancouver, I had no
problem keeping full with those hours and that is what I would like to do. However I
don't want to be limited to that in case I can't find any. This is my source of income also,
we are a family that needs two incomes and because I have two children this is what I
have chosen to do. So I would like to know that if somebody needed a graveyard shift
and they dropped and they slept at my home then that would be okay also. And the
license I feel that any hour should be available to me but I am not going to run a 24 hour
day care per say. They are not going to be coming and going at all hours I want to set
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 45
three children and be happy with that. I am just not sure what hours I am going to be
able to get.
Johnson: Are you aware of a letter that the neighbors of 1066 Tammy I believe the last
name is Michaelson have submitted to the City?
Carrithers: Yes I am
Johnson: Have you read it?
Carrithers: Yes I have
Johnson: This sketch that you provided is somewhat lacking in detail, I am unclear, I
have not been out there. I am unclear as to where the parking is?
Carrithers: Well our driveway is the parking, our driveway
Johnson: 1 can't tell where your driveway is on this sketch can you tell me where it is?
Carrithers: When this sketch was made, I know it doesn't look very good, but when it
was made I was
Johnson: There aren't any streets on it.
Carrithers: I know because I was told that all I needed to do was all I was told that all I
needed to be concerned about is the placement of my home onto the property. I even
said should I measure it and I was told don't measure it. So my husband just paced it
off. They wanted to know where the home sat in relative to the property itself to show
play areas and such. I had no idea you wanted to know streets. 1 did this when I first
came and I was sort of under a time line because I didn't realize that I had to put it in the
paper and that type of thing. So I just asked Dean Ehlert do I need to go get some type
of map or whatever. He said no just sketch it out, show where your house is on your
property and show play areas and that type of thing. That is what I did and that is why I
submitted a sketchy outline.
Johnson: Will you come and show me where the parking is so we can get back to where
the parking is.
Carrithers: This is the front of the house (inaudible) we also have a patch of grass in
front of our home that could be, I don't even think that is going to be necessary. We
have a double car garage that as soon as we get it cleaned out from moving will be
used by us. Like I said three cars comfortably fit across there yesterday. I know that it
could go two deep and with only three other children that won't, we won't even need
that many spaces.
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 46
Johnson: I don't have any further questions, do you have a question or comment
Counselor?
Fitzgerald: Yes I have a couple of questions, I may have missed this. Is it just you that is
going to be working in this business, so you won't have any other employees?
Carrithers: No
Fitzgerald: Do you have any open waters such as ditches or swimming pools or
anything on your property?
Carrithers: No
Johnson: Anyone else from the commission? Thank you, this is a public hearing is there
someone else in the audience that would like to come forward?
John Michaelson, 1066 Tammy Street, Meridian, was sworn by the City Attorney.
Michaelson: I am the villain guys, 1 oppose children, 1 oppose day care centers and
don't, I am in favor of them. I have four children of my own, I have ten grandchildren and
one great grand daughter which is going to need a day care center. I took it upon
myself to make some copies of what I want to tell you about the restrictions and
covenants (inaudible). My first
Johnson: Excuse me I need to ask you a question right off the bat, this looks like a
portion of the covenants, is that true?
Michaelson: Well it is a culdesac.
Johnson: I understand that but are they dated?
Michaelson: 24`h of May 1983, the are the revised addition of the original. I am the
pioneer (inaudible) my house was the third one that was built.
Johnson: We have those entered into the record, did you have some more comments?
Michaelson: Well this is amended restrictions and conditions and covenants Settlers
Village Subdivision, Ada County, Idaho. I tore them apart and you have copies and the
only thing I gave you was what actually refers to what I am talking about right now. It
says fully protected residential area and it lists them by block and lot numbers. The
property in question is block 3, lots 1 through 68. The property is 59 and 60 so that
covers that. On the next residential area covenants it says no lot or building lot shall be
used except for residential purposes. Also there is a corrected copy of what you
submitted. With the correct footages and everything taken from map that 1 can read
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 47
where I am confused if my address is Street and the house right next to me is Place
how could that be?
Johnson: I noticed the one map calls them both streets.
Michaelson: The place is scratched out very clearly and street is written in on it. I
checked with the postman and he said there is no such place as Tammy Place.
MacCoy: I have a map I used and it says Tammy Place and Tammy Street.
Johnson: I don't know that the postman would be the right source for that.
Michaelson: Well I went to the post office and they don't even have a map of that area.
Johnson: Well anyway that is probably not real important, is there something else?
Michaelson: Yes, I am concerned a little about parking, in that subdivision there are
seven houses and 20 cars.
Johnson: I think what we are talking about in parking is as I understand it from the
applicant is just pick up and drop off and not all day parking because there are no
employees or anything like that. Is that kind of the way you understand it?
Michaelson: No, well I don't know what she told you. What I am thinking about is the
time when the people are dropping the children off is the time that the people are going
to work. And when they are bringing them home is when the residents are coming back
home. Now whether it be a problem or not I don't know. If 1 don't speak up now I just
never I might as well hold my peace.
Johnson: Well one thing the City of Meridian doesn't do it is not our charge to enforce
subdivision covenants. That is a homeowners association's responsibility solely and the
City Attorney can elaborate on that if he wishes. We do, we are interested in them, we
want to know what the intent is. But I can tell you it is not our charge to enforce them to
the letter. We don't police those, we don't have enforcement powers over them.
Michaelson: Do you have power to issue this permit don't you?
Johnson: We have power to issue the permit but we don't have any power to control the
covenants themselves because the only parties that can change those and amend
those are the homeowners themselves. Do you have an active homeowners
association?
Michaelson: According to the covenants there was an architectural control committee
Norm Fuller and some of his investors.
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 48
Johnson: And those are normally turned over to the homeowners once that is built out.
Michaelson: That has never been done.
Johnson: Has it been built out? Are there any vacant lots in the subdivision? Is it built
out?
Michaelson: No there are not.
Johnson: So what normally happen and the builders here can tell you a lot better than I
can is the developer tends to release the administration of those covenants to the
homeowners association once it is built out isn't that true Mr. Borup?
Borup: Mr. Chairman, traditionally if there is something for a homeowners association to
do. I think probably in this situation there was not a homeowners association, there was
an architectural control committee which would review house plans and style and
design gong in. That committee could have kept active 'rf the homeowners wanted to.
But it would just be strictly additions and stuff. So initially in this one I don't think there
ever was a homeowners association established, you would know if there was because
you would be paying dues.
Michaelson: No there wasn't.
Borup: Any time you have any association (inaudible) that is an option for the
homeowners to do is to establish one.
Michaelson: There are covenants that cover that area as a residential area.
Borup: Right and I think the Chairman mentioned Meridian doesn't have any
enforcement capability of covenants.
Johnson: Do you have anything else Mr. Michaelson?
Michaelson: No I don't
Johnson: I appreciate your testimony, is there anyone else?
Don Day, 1022 Tammy Street, Meridian, was sworn by the City Attorney.
Day: When I bought my house in 1990 at 1022 Tammy Street the real estate man
informed us and he gave us a copy of these covenants and he said they were binded by
law. So evidently my house was misrepresented. I do have a set of the covenants
which says the same thing as Mr. Michaelson's does. I am here to support the same
claim that Mr. Michaelson suggests. The driveway that the lady was talking about I don't
believe will put one car in front of the other, it isn't long enough. Especially two pick ups
Meridian Planning & Zon~g Commission •
July 8, 1997
Page 49
it couldn't be don't. I could be wrong because I haven't measured it. I know mine I have
a pretty long drive way and I can't put two cars in mine and I have a wide one where I
can put an extra car. It is a culdesac and I am retired from the Boise City Fire
Department, that is the main reason I bought this house because it is on a culdesac
where I knew there wouldn't be a lot of traffic. t have no (inaudible) I have two of my
own and I have granddaughters too. But I do object to this situation here: I would like
to ask one other question is it actual fact that she can only have three children or can
she get three and then later on make it five and then ten or 12.
Johnson: Under this application and the key word here is the legal term called
accessory use it only permits a maximum of 5. There are other applications that can be
made under child care sections of our code for more children but this specific one is five
or less of which only three can be other than her own children. That is just the way our
ordinance reads. Is that correct counselor?
Fitzgerald: Yes, my understanding it is a maximum of five children including the
person's own children.
Day: Thank you, any questions of me?
Borup: You said you objected, but I wasn't quite sure what you are objecting, you are
just objecting to a day care center being there?
Day: Well on a culdesac, if it was on an ordinary street I could understand but in that
little tight culdesac it is going to make a lot of problems there with traffic and stuff it
really is.
Borup: It is the three cars that you are concerned about dropping off?
Day: Well if they park like that they are going to be parked over the sidewalk and we
have other children in the neighborhood that like to drive their little trikes and bicycles
around the culdesac on the sidewalk and stuff. Which this is going to hinder that.
Borup: During the drop off period.
Day: Yes
Johnson: Thank you very much, is there someone else that would Tike to come
forward?
Deborah Pence, 1020 Tammy, Meridian, was sworn by the City Attorney.
Pence: What I would like to say about the day care is that first of all I am a teacher so I
think I have some educational background in kids and what they need in their growing
up years. First of all I think the traffic situation isn't really a big deal. I have had my
Meridian Planning & ZonlRg Commission •
July 8, 1997
Page 50
children in two different day care situations, in homes and other areas, one in our block
and one a block away. I never felt that there was a traffic jam or where I parked and
picked up my children was a problem or that I was blocking others traffic. I was
dropping my children off as early as 6 am and then picking them around 4 in the
afternoon. I never felt that my picking up was a traffic problem so I wouldn't anticipate
that in our culdesac. My children now travel the neighborhood on bicyGes and walking
with our dog and what not. I don't feel that they would be restricted from playing in our
culdesac by any cars that would be coming in and out of there. As far as the noise, I
think my own two children are going to make a lot more noise than any three little
toddlers who are confined to the back yard where my kids are running up and down the
road with the dog and up and down people's driveways. So I don't think that is a
problem. The other thing I think is real important for us to have another day care in
Meridian is that where our community is growing so fast and we are so pro-education
and pro children and the way they develop and grow I think it is important for us to have
more and more safe places for these kids to be growing up and trained in a natural
home setting than perhaps in a larger day care setting. I know from reading the article
in the paper the other day about day care in Meridian we need more and more of these
places. They are short in hand and hard to find and I think this is another important
place for kids to go. So I would be very much in favor of having it in our neighborhood.
Borup: You say there is a day care center on the same block and a block away. So you
have two right in your neighborhood are there any others?
Pence: There are two at the intersection of Chateau and Jericho which is about like a
block and a half from our house. Then where I was taking my children was to a home
that was just around the comer on Tara which is like a blocks length from my home.
The women there was taking care of my two children and another and then she had her
own three children there as well. It was a licensed day care situation and there are a lot
of homes in the area that are not licensed but are taking care of lots of other kids on a
regular basis. So that situation is all other.
Borup: Well the applicant was not aware of other in the neighborhood. It sounds like
there are several others.
Pence: Well directly in our neighborhood of Settlers where we live as far as licensed
care I am not aware that there are any of those. But I am talking the ones that are
licensed the two that are available are right adjacent to Chief Joseph School and that is
quite some ways like a block and a half from our home.
Borup: I think I remember one of them when I first came on
Johnson: Anyone else?
Elizabeth Ahlestrom, 1811 N. Teare, Meridian, was sworn by the City Attorney
Meridian Planning & Zo~g Commission •
July 8, 1997
Page 51
Ahlestrom: I would just like to quickly reiterate what Deb said, Debbie Pence. I am a
stay home mother with children who often times ride their bikes through that culdesac. I
have a straight shot if you go down Tammy you run right into my driveway. I sit in my
living room and I see the traffic and there is not a traffic problem at all. It is just a drop
off and pick up situation. I often time watch girlfriends children and just drop the kids off
and you are gone. It is just, I am surprise that it is even an issue. I just want to reiterate
that as a neighbor I am all for in home day cares. That is all I wanted to say.
Johnson: Thank you, any questions?
Betty Michaelson, 1066 Tammy Street, Meridian, was sworn by the City Attorney.
Michaelson: We live right next door to the couple that moved in. We love kids we are
crazy about them but we are retired we did buy the home as a retirement home, had it
built for that reason. One of the things that hasn't been brought up is the winter time
when the culdesac is filled with snow and it is so hard to get in and out of a culdesac
and nobody ever comes in and cleans that out. It is has to melt first before it leaves. So
if the pick up and drop off is not a problem they haven't lived there in the winter, I have
for 13 years. It is a problem for me because I am handicapped and I can't get out. So I
just thought I would mention that we are not trying to be hard nosed or anything but we
do live next door and we are in close quarters there. It is sometimes, I like the sound of
kids so that is not a problem. Kids don't bother me, it better not we have too many of
them. Thank you, do you have any questions?
Johnson: Thank you, there are other people we haven't heard from does anyone else
want to come up? Are there any comments from staff before I close the public hearing?
I will close the public hearing at this time. This falls under the accessory use permit
which is one of the things that we eventually get to make a decision on. One of the few
things this body does. We still need findings of fact and conclusions of law.
Smith: Mr. Chairman, I would like to make a motion that we have the City Attorney draw
up findings of fact and conclusions of law for this project.
MacCoy: Second
Johnson: We have a motion and a second to have the City Attorney prepare findings of
fact and contusions of law, all those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: These findings of fact and conclusions of law will be ready for our next
meeting which is August 12, anyone interested in obtaining a copy of those can do so
through Mr. Berg on or about that day and certainly after our meeting on the 12`h. After
that a decision will be made as to whether the City chooses to approve the application
or not. With that I am through for this evening if you are.
Meridian Planning & Zon~g Commission
July 8, 1997
Page 52
MacCoy: Mr. Chairman, I propose that vve close this session.
Smith: Second
Johnson: We have a motion for adjournment, all those in favor? Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 10:07 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
JIM JO N, HAIRMAN
ATTEST:
t., ~`~
L IAM G. B RG, JR., CI CL RK
L
MERIDIAN PLANNING & ZONING COMMISSION
AGENDA
TUESDAY, JULY 8, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD JUNE 10, 1997 g~tvr,.e~
MINUTES OF SPECIAL MEETING HELD JUNE 18, 1997: Cv~prat~`~
1. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE FROM R-4
TO L-O BY MERIDI N ASSEMBLY OF GOD -1830 N. CINDER ROAD:
GZ?J~'!rv/E ~~~ ~ C'/L 7?iv~.e i'.L' c0'yn n..tis.,~(a~-rA-a ~jj ~/C-
2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE
PERMIT FOR A NEW CHURCH BUILDING BY MERIDIAN ASSEMBLY OF
GOD - 1830 N. LIN ER ROAD:
W~"~/L ~~~ ~.ClL GZ prn vaC f~GC~-+-~-~-e-s..-F.~a-h1++.~ ~D ~'jG
3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE OF 1.4
ACRES FROM R-8 TO C-G BY ROGER MICHENER - 519 E. FAIRVIEW
AVENUE:
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4. PUBLIC HEARING CONTINUED FROM JUNE 10, 1997: REQUEST FOR A
CONDITIONAL USE PERMIT FOR AMULTI-TENANT RETAIL CENTER BY
ROGER MICHENER - 519 E. FAIRVIEW AVE U
5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND
ZONING OF 48.7 ACRES TO R-4 BY WESTPARK CO. - E. OF LOCUST
GROVE ROAD, N. OF VICTORY ROAD: ~ ~ j`
6. TABLE JUNE 10, 1997: REQUE T FOR A PRELIMINARY PLAT FOR
SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK CO. - E. OF
LOCUST GROVE ROAD, N. OF VICTORY ROAD:
7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL
USE PERMIT FOR A FAMILY LIFE CENTER BY CHERRY LANE CHRISTIAN
CHURCH:
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8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL
USE PERMIT FOR EXPANSION OF FACILITIES BY CLASSIC KITCHEN INC.
- BRET JONES: ,
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9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND
ZONING TO R-4 AND R-15 BY MERIDIAN LAND DEVELOPMENT CO.:
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10. TABLED JUNE 18, 1997: REQUEST FOR A PRELIMINARY PLAT FOR
HAVEN COVE SUBDIVISION NO. 7 BY MERIDIAN LAND DEVELOPMENT
11. PUBLIC HEARING CONTINUED FROM JUNE 18, 1997: REQUEST FOR A
CONDITIONAL USE PERMIT FOR VANGUARD MILITARY ACADEMY
CAMPUS BY VANGUARD MILITARY ACADEMY:
12. PUBLIC HEARING: REQUE~T FOR A CONDITIONAL USE PERMIT FOR
GENERAL RETAIL PURPOSES BY KZ HOLDINGS LLC - SE CORNER OF
LOCUST))~G~"ROV)E AND FAIRVIEW AVElN E,,:{
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13. PUBLIC FARING: / REQUEST FOR A REZONE FROM R-4 TO L-0 BY
CHERRY LANE BAPTIST CHURCH - 215 W. CHERRY LANE:
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14. PUBLIC H ARING: R QUEST FOR AN ACCESSORY USE PERMIT FOR A
FAMILY HOME DAY CARE BY B. GAIL CARRITHERS - 1060 TAMMY PLACE:
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CITY OF MERIDIA
PUB~C MEETING SIGN-U~HEET
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CITY OF MERID
PUBL~ MEETING SIGNLHEET
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
CHERRY LANE CHRISTIAN CHURCH
CONDITIONAL USE PERMIT FOR FAMILY LIFE CENTER BUILDING
2511 WEST CHERRY LANE
SOUTH OF CHERRY LANE AND WEST OF CINDER ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing on
June 18, 1997, at the hour of 6:00 o'clock p.m., the Applicant
appearing through its representative, Richard Bugatsch, 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:
FINDINCiB OF FACT
1. A notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to said
public hearing scheduled on June 18, 1997, the first publication of
which was fifteen (15) days prior to said hearing; that the matter
was duly considered at the June 18, 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 is located at 2511 West Cherry Lane and
described in the application which description is incorporated
herein. The Applicant is the owner of record of the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
CHERRY LANE CHRISTIAN CHURCH
3. The property is zoned (R-4) Low Density Residential
District.
4. Pursuant to the application, the proposed land use is to
continue as a church, but with the construction of a family life
center building on the property. The family life center building
provides a gymnasium, fellowship and classroom space, and expand
upon and enhance the existing use as a church.
5. Pursuant to the application, the Applicant agrees to pay
any additional sewer, water and trash fees or charges, if any,
associated with the proposed use of the property.
6. Richard Bugatsch, the representative of the Applicant,
testified and explained substantially as follows. This application
is for the construction of a 12,536 square foot family life center
to add to the existing facilities at Cherry Lane Christian Church.
The Applicant has reviewed the comments of City staff, and, in
general, does not have a problem meeting the requirements of the
City's zoning ordinance. However, the Applicant has a major
concern, at the present time, with landscaping and parking
requirements. Although the existing parking lot has been in place
since 1983. He understands that the current zoning ordinance was
adopted in April of 1994. Consequently, many of the present
requirements did not apply in 1983. The Applicant recognizes that
adding a fairly major project to the property imposes some
requirements upon it; however, the Applicant would like some
latitude in how it approaches the landscaping and parking problems
identified by City staff. The Applicant would be required to have
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
CHERRY LANE CHRISTIAN CHURCH
one three inch caliper tree for every 1,500 square feet of parking
which is 57 trees. The Applicant would like the City to consider
a reduction in the caliper size or perhaps reduce the number of
trees required, and give the Applicant some latitude in the time
frame to meet the changes which are required. In addition to the
issue with the trees, City staff provides that the parking striping
and drainage needs to be revamped. The existing drainage system
collects water and presently discharges into Nine Mile Creek. The
Central District Health Department requests that the run-off
collect and run through a landscape swell prior to discharge. The
Applicant does not have an objection to addressing such parking
requirement at some later point in time. The Applicant would like
to look at alternative methods of water retention, for example,
perhaps some French drains, but, again, the time frame is of the
essence. The Applicant's request is to look at the landscaping and
parking requirements as it relates to the present development of
the property. The Applicant proposes to landscape around the new
structure, deal with the parking situation in the new structure
area and implement a phasing schedule to deal with the rest of the
site. The Applicant will comply with the City's requirements,
whatever such requirements may be, in order to make the proposed
project move forward. However, it would like the consideration of
the time and economics involved in updating the whole facility to
accommodate a development that only encompasses approximately one-
third of the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
CHERRY LANE CHRISTIAN CHURCH
7. In response to questions of Commissioner McCoy, the
Applicant's representative testified substantially as follows. The
Applicant will comply with all of the mandates of the American with
Disabilities Act, building codes, fire codes and any other
requirements that are related to it. In the City's staff report,
there is a comment concerning fire access. The Applicant met with
the Fire Marshall and building department. They suggested that
fire access be provided through a rear access; however, the
Applicant needs to investigate whether such access is feasible. If
not, the other option is to locate a new fire hydrant in the rear
location. There exist details which need to be worked out. The
approach to this development is to work with the City and make it
affordable for the Applicant, and the type of development which
fits the community and the aims of the City's zoning ordinance.
The preliminary drawing was prepared for presentation to the
Planning and Zoning Commission to determine whether the Applicant
is meeting the aims and goals of the zoning ordinance, to address
the concerns raised by Shari Stiles, the Planning and Zoning
Administrator, and to resolve what requirements will be imposed,
prior to developing detailed documents. The exterior of the upper
part of the building will be synthetic stucco and the siding of the
lower portion will be standard construction for this area. The
roof will be metal. The proposed building will be a little
different from the existing building in style and color. The color
of the roof on the new building will be brown and the siding an off
brown. The color will be conservative. A comparable structure is
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
CHERRY LANE CHRISTIAN CHURCH
the Karcher Church of the Nazarene in Nampa, Idaho. That structure
was used as a basis for the type of building the Applicant desired.
There is existing parking lot lighting in place. The Applicant
will evaluate whether more will be required with the building
placement. Usually, additional lighting is placed at the rear for
security purposes. It will be designed so as not to intrude into
neighboring areas.
8. In response to questions of Commissioner Borup, the
Applicant's representative testified substantially as follows. The
current parking lot is striped; however, the striping is not in
compliance with the City's current zoning ordinance. In the area
immediately surrounding the building, the Applicant has revamped
the proposed parking area to accommodate the new building. If
necessary, the Applicant will implement a schedule to restripe the
rest of the parking lot. With regard to the area between the
existing pavement and the drainage right-of-way, he understands
that there exists 12 feet before the right-of-way. The Applicant
believes the right-of-way is federally owned land and will
landscape accordingly. The Applicant is proposing the 28 trees
shown on the submitted plan. The number of trees will be increased
if required. The Applicant is concerned with the caliper size
requirement. The Applicant would prefer to go to 1~ to 2 inch
caliper trees, and will work with the City to determine the
required number of trees versus the size of the trees. The
Applicant presently has approximately three times the amount of
parking which is required. The Applicant anticipates a maximum
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
CHERRY LANE CHRISTIAN CHURCH
membership of approximately 359 people. The parking lot currently
has 125 stalls, but the presented plan illustrates 159 stalls.
9. Commissioner Smith commented that he would prefer the
Applicant have three inch caliper trees, or increasing the caliper
size of the tree if the three inch caliper trees are difficult to
locate. In response to the comments of Commissioner Smith, the
Applicant's representative testified that the Applicant's approach
is to view this development in the sense of a grandfather clause by
mediating the initial impact and scope which it has upon the
Applicant in terms of cost and a time frame in which to comply.
10. Angela Renee Grigg testified substantially as follows.
She is in opposition to the application. She has observed the
growth in the community and the impact such growth has on churches
in the area. She is not insensitive to the desires of the
Applicant and its application. She can see the benefit of the
proposed structure, but the proposed structure is not acceptable
for her neighborhood. She has viewed the comparable building in
Nampa, Idaho. On paper, the proposed project appears reasonable;
however, the proposed building is very large and obtrusive. Her
view of the building will be from the rear, which presents a plain,
large and high wall. The building will be 30 feet tall and
.approximately 20 feet from the fence line of her residence. The
color of the existing structure is an off white yellowish brick.
Last year or the year before, the Applicant built an addition, the
color of which does not match the color of the original structure.
The appearance from her view is unappealing. In addition to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
CHERRY LANE CHRISTIAN CHURCH
unappealing appearance, she has a concern of noise from the air
conditioning unit. Based upon the discussion with people who live
behind the new library in Meridian, the noise from the air
conditioning units is loud and disturbing. She is also concerned
about lighting of the premises. There presently exists between the
Applicant and the neighboring residence concerning the existing
lighting. She is concerned the building will be used for more
activities than activities on Sunday. As proposed the structure
would overshadow the homes in the immediate eastern vicinity. The
homes will not receive full daylight sun until noon, because the
building will block the sunlight. Presently, from her backyard,
she has a panoramic view of the mountains. The construction of the
proposed structure will eliminate this view. Although she would
lose her view if houses were built, the construction of a warehouse
type of structure is completely different than the construction of
houses. The construction of the proposed structure interferes with
the enjoyment of her home. It will lessen the current property
value and severely limit the future opportunity to sell the home.
She has collected signatures of people in her subdivision who
support her position and testimony. The signatures represent 100
households that do not believe the proposed structure is
appropriate for the neighborhood. Approximately nine people with
whom she spoke declined to sign the document in support of her
position and testimony. One of the primary concerns that she and
her husband have are landscaping and lot maintenance. The
Applicant does not control the weeds behind their property, and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
CHERRY LANE CHRISTIAN CHURCH
material is piled at the rear of the property. The Applicant has
been asked over a period of several years to remove the material
piled at the rear of the property, but they have not done so. She
is concerned that an expensive structure will expend the
Applicant's money, and it will not be able to afford to maintain
the property. She would prefer that the Applicant remodel the
existing structure, rather than building as proposed. A remodel of
the existing structure would accommodate the Applicant's needs and
not impact the surrounding neighborhood as severely. Based upon
the fact that kids presently gather at the rear of the property,
the construction of the building will create security problems
unless flood lights are located at the rear of the property.
Consideration must be made for the impact upon the surrounding
neighborhood and its protection.
11. Angela Renee Grigg presented a document signed by
numerous individuals whom, according to Ms. Grigg, reside in the
adjacent residential area and object to the application. This
document is hereby incorporated herein as if set forth in full and
provides as follows:
We ask that you do not allow the construction proposed by
the Cherry Lane Christian Church. We are opposed to
building a structure rising 30 ft so close to homes in
our neighborhood. Such a structure should be constructed
on land where it would not interfere with already
developed neighborhoods.
A project such as this is designed for activities
attracting large groups of people. This facility will
disrupt the quiet neighborhood atmosphere that we now
enjoy.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
CHERRY LANE CHRISTIAN CHURCH
Back yard noise from air conditioning is a concern as is
additional lighting at night. Currently there is an
ongoing issue with existing lighting and homes. As
proposed, the structure would totally cut off the
mountain view to some home owners, morning shading of the
sun is a major issue of concern, some homes will be
totally overshadowed by this structure thus interfering
with basic enjoyment of property.
We also feel that this structure would lessen the current
property value and would severely limit opportunities to
sell the homes directly involved.
Below are signatures of concerned neighbors who ask that
you not allow this structure to be constructed in our
neighborhood.
12. Thomas F. Juul testified substantially as follows. He
purchased his house approximately three and a half years ago.
Based upon his prior experiences, his concerns include not having
an unobstructed view of the mountains, light shining directly into
his bedroom window and other parts of his house, the Applicant's
insensitivity to the neighbors and the impact it has upon the
neighborhood, and the noise created from the air conditioners. Mr.
Juul presented a flier prepared for the marketing and amenities of
the residence he purchased, which includes the phrase "unobstructed
view of mountains." This flier is hereby incorporated herein as if
set forth in full.
13. Linda Rupe testified substantially as follows. Her
property borders approximately 200 feet of the Applicant's
property. Based upon the gathering of kids at the rear of the
property, she has a concern that the proposed building will create
a more secluded area for the kids to gather. The lights which the
Applicant presently have shine into the neighboring houses,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
CHERRY LANE CHRISTIAN CHURCH
including the bedroom of her house. She has asked the Applicant to
remove debris from the rear of the building, but the Applicant has
failed to remove the debris. Based upon the type of neighbor the
Applicant has been in the past, she is concerned about its future
response and actions with regard to the impact upon her and the
surrounding neighbors.
14. The Applicant's representative, Richard Bugatsch, further
testified substantially as follows. The family life center is best
defined as a multi-use building. It will be used for all aspects
of church activity including social, recreational, services, and
educational classes.
15. In response to questions of Commissioner Smith, the
Applicant's represenative, Richard Bugatsch, testified
substantially as follows. From the southeast corner of the
property, there is approximately 30 feet to the proposed building.
The length of the parking lot is approximately 20 feet. The side
of the building facing the neighbors will be synthetic stucco. The
eve height will be 21 feet high, as compared to the building in
Nampa, Idaho which is either 27 feet or 29 feet tall. It is
similar in height to a two story residence. Plans have not been
developed to designate the location of the air conditioning .units.
There may be an air conditioning unit by the mechanical room on the
west side of the proposed building. The Applicant does not intend
to cool for occupants in the entire building, only in the perimeter
portions of building in which the classroom and fellowship hall are
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
CHERRY LANE CHRISTIAN CHURCH
located. Preferably, the air conditioning units will mount on the
side walls of the structure itself.
16. In response to questions of Commissioner Borup, the
Applicant's represenative, Richard Bugatsch, testified
substantially as follows. The easement for the Rutledge Lateral is
10 feet from the centerline toward the existing fence line and 25
feet from centerline to the existing edge of the easement on the
west aide. Nampa & Meridian Irrigation District will permit the
Applicant to come within 10 feet of the centerline of the pipe if
it needs to. The plan presented shows the encroachment on the
easement, and the Applicant does not intend to encroach any further
than depicted on the plan. With regard to fire access, he believes
26 feet of clear space from the edge of the building or any
impediment to vehicular traffic is required.
17. In response to a question of Commissioner Smith, the
Applicant's represenative, Richard Bugatsch, testified
substantially as follows. A four foot landscaping strip is planned
around the entire periphery of the property, which will shift the
aisles and parking stalls by four feet.
18. The Applicant's represenative, Richard Bugatsch, further
testified that incorporating the proposed building in the central
area of the existing building cannot be done for life safety
reasons, and remodeling the entire building becomes economically
infeasible.
19. Bruce Freckleton, Assistant to the City Engineer, and
Shari Stiles, Planning and Zoning Administrator, submitted comments
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
CHERRY LANE CHRISTIAN CHURCH
which comments are incorporated herein as if set forth in full.
Their comments included the following:
a. The project site is located in an L-O (sic) zone,
which currently does not allow churches as a permitted
use. Expansion of this non-conforming use, plus the
addition of a building on the site, is only allowed under
the conditional use process;
b. As Cherry Lane has been recently reconstructed and
no change in access is proposed, it is not anticipated
the Ada County Highway District will have any
requirements of the project, with the exception of
payment of impact fees;
c. Residential properties surround this project site.
City Ordinance Section 11-2-414 D 2. c. states that
whenever a commercial off-street parking area is located
in or adjacent to a residential district, it shall be
effectively screened on all sides which adjoin or face
any property used for residential uses by a wall, fence,
or planting screen that is not less than four feet (4')
in height plus a planting strip of four feet (4') minimum
width or in an alternate arrangement as approved by the
Commission. Due to noise and other potential negative
impacts of the project, additional landscape setbacks may
need to be imposed. Suitable landscaping and ground
cover shall be provided and maintained on a continuing
basis within the planting strips;
d. The site presently contains a vast island of
pavement that has never been adequately landscaped.
Although the proposed plan is an improvement, if falls
far short of the minimum of one (1) three-inch (3")
caliper tree per 1,500 square feet of asphalt as required
per City Ordinance Section 11-2-414 D. The Applicant is
to provide calculations of asphalt areas and locate
appropriate trees on a revised site plan;
e. The site is adjacent to Nine Mile Creek, which is
identified in the Meridian Comprehensive Plan for
enhancement. Additional trees and landscaping should be
provided adjacent to the easement of the creek, as well
as adjacent to all residential areas. Detailed
landscaped plans are needed;
f. The Applicant is to provide fire access and hydrant
locations in accordance with the Uniform Fire Code and
Meridian Fire Department policies. The site plan
erroneously shows a Fire Department access at the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
CHERRY LANE CHRISTIAN CHURCH
southwest corner of the site. This access lines up with
an existing City sewer easement and easement for the
Rutledge Lateral. These easements were not ever intended
to be used as Fire Department access to the church site;
q. If the existing trash area is not currently
screened, or additional trash area is anticipated, the
Applicant is to provide enclosures per City Ordinance
Section 11-2-414 A 3. The Applicant is to provide
details and location on a revised site plan. The
Applicant is to coordinate dumpster site locations with
the City's solid waste contractor, and locate dumpsters
so as not to impede fire access;
h. As Cherry Lane is identified as an entrance corridor
in the Meridian Comprehensive Plan, a thirty five feet
(35') landscape setback beyond the required right-of-way
is encouraged. The fact that the area directly in front
of the building is landscaped 60 feet back of the
existing sidewalk should allow for the additional
planting areas as shown. Parking may not be closer than
four feet (4') to an existing right-of-way. The
Applicant is to provide detailed landscape plan,
including berming details, for approval prior to
obtaining building permits;
i. The Applicant is to provide curbing and underground
sprinkler system for all landscaped areas;
j. The Applicant is to provide temporary fencing to
contain debris during construction, particularly to
protect Nine Mile Creek;
k. All driveway parking areas shall be paved, with all
driveway accesses approved by the Ada County Highway
District. Paving, striping and signage of the parking
lot is to be in accordance with Meridian City ordinance
and the Americans with Disabilities Act. Driveway widths
and parking stall lengths shall meet the requirements of
City Ordinance Section 11-2-414, i.e. 25 feet wide
driveway aisles with 9' x 19' stalls (or as otherwise
dimensioned for angled parking). Graveled driveways,
parking, and access are not permitted. A drainage plan
designed by a state of Idaho licensed architect or
engineer is required and shall be submitted to the City
Engineer with calculations (Ord. 557, 10-1-91) for all
off street parking areas. All site drainage shall be
contained and disposed of on-site;
1. The Applicant is to obtain a Certificate of
Occupancy prior to occupying the building;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 13.
CHERRY LANE CHRISTIAN CHURCH
m. 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, the Uniform
Sign Code, and 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;
n. All building construction shall be in compliance
with all required Uniform Codes;
o. 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. Assessment fees will be
determined during the plan review process. A re-
assessment agreement will be entered into with the
Applicant prior to issuance of a Certificate of
Occupancy;
p. 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;
q. Sewer service to the project is proposed to a new
service line to be installed south of the new building.
Service lines to the project will be reviewed during the
plan review process. The treatment capacity of the
Meridian Wastewater Treatment Plant is currently being
evaluated. Approval of this application needs to be
contingent upon the City's ability to accept the
additional sanitary sewage generated by this project;
r. Water service to the project will be via an
extension of the existing service lines to the church.
Service lines to the site shall be reviewed during the
plan review process. Water service to this project is
contingent upon positive results from a hydraulic
analysis by the City's computer model;
s. The existing irrigation ditch has been tiled on the
westerly boundary of the property. Nine Mile Creek is
designated as a natural drain and may not be tiled. Any
other irrigation/drainage ditches that may cross or lie
adjacent to the property shall be tiled per City
Ordinance 11-9-605 M. Plans will need to be approved by
the appropriate irrigation/drainage district, or lateral
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14.
CHERRY LANE CHRISTIAN CHURCH
users association, with written confirmation of the said
approval submitted to the Public Works Department;
t. 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;
u. The Applicant is to provide a revised site plan
meeting all staff and agency requirements prior to action
by the Planning and Zoning Commission, or, at a minimum,
prior to being scheduled for a public hearing at City
Council level, as determined by the Planning and Zoning
Commission;
v. All uses/buildings shall be reviewed under the
conditional use permit process. No details have been
submitted; and
w. The conditional use, if approved, shall be subject
to review upon notice to the Applicant.
20. The Meridian Police Department submitted comments, which
comments are hereby incorporated herein as if set forth in full.
21. The Meridian Fire Department submitted comments, which
comments are hereby incorporated herein as if set forth in full;
that all codes will need to be met; that it does not know the
identity of the owner of the property designated for fire access
(it has flowers and trees growing on it); and that afire hydrant
might need to be added.
22. The Meridian Sewer Department submitted comments on the
subject application, which comments are hereby incorporated herein
as if set forth in full; that the kitchen will require a 1, 000
gallon grease interceptor as a minimum external to the building.
23. The Central District Health Department submitted comments
on the subject application, which comments are hereby incorporated
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15.
CHERRY LANE CHRISTIAN CHURCH
a •
herein as if set forth in full. Its comments included that after
written approval from appropriate entities are submitted, it can
approve the proposal for central sewage and central water; that
runoff is not to create a mosquito breeding problem; that
stormwater runoff should flow into a grassy swale before
discharging to seepage beds.
24. The Nampa & Meridian Irrigation District submitted
comments, and such comments are hereby incorporated herein as if
set forth in full. Its comments included the following:
a. The District's Rutledge Lateral courses along the
west boundary of the project. The right-of-way of the
Rutledge Lateral is 40 feet; 25 feet to the right and 15
feet to the left facing downstream;
b. The Nine Mile Drain is a contract drain and also
courses through this project. The District's right-of-
way of the Nine Mile Drain is 100 feet; 50 feet from the
center each way;
c. The Applicant must contact the District for approval
before any encroachment or change of right-of-way occurs;
d. The District requires a Land Use Change/Site
Development application be filed for review prior to
final platting;
e. All laterals and waste ways must be protected;
f. All municipal surface drainage must be retained on
site;
g. If any surface drainage leaves the site, the
District must review drainage plane;
h. The Applicant must comply with Idaho Code Section
31-3805; and
i. It is recommended that irrigation water be made
available to all developments with the District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16.
CHERRY LANE CHRISTIAN CHURCH
25. 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.
26. in the ZONING SCNEDULE OF USE CONTROL, Sections 11-2-409
B. Commercial, Churches are not listed as a conditional use in the
R-4 District.
27. The R-4, Residential District is described in the Zoning
Ordinance, 11-2-408 B. 3 as follows:
1R-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 predominantly residential development has, or is
likely to occur in accord with the Comprehensive Plan of
the City, and to protect the integrity of residential
areas by prohibiting the intrusion of incompatible non-
residential uses. The (R-4) District allows for a
maximum of four (4) dwelling units per acre and requires
connection to the Municipal Water and Sewer systems of
the City of Meridian.
28. Section 11-2-406 A of the City of Meridian Zoning and
Development Ordinance provides:
It is the intent of this Ordinance to permit conforming
uses. All applications for the enlargement, expansion,
extension of non-conforming uses or all applications for
the addition of other structures or uses prohibited
elsewhere in the same district shall be subject to the
Conditional Use procedures of Section 2-418 of this
Ordinance.
29. Conditional Use Permit is defined in the Zoning And
Development Ordinance, City of Meridian, Idaho as follows:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17.
CHERRY LANE CHRISTIAN CHURCH
"Permits allowing an exception to the uses authorized by this
Ordinance in a zoning district."
30. A conditional use permit would be and is required for the
construction of a family life center building on the property.
31. There were no other comments by the public regarding this
application.
CONCLUSIONS OF LAiP
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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18.
CHERRY LANE CHRISTIAN CHURCH
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 Uae. 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 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 Uae 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. The use, would in fact, constitute a conditional use
and a conditional use permit would be required by
ordinance;
b. The use would be harmonious with and in accordance
with the Comprehensive Plan but the Zoning Ordinance
requires a conditional use permit to allow the use;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19.
CHERRY LANE CHRISTIAN CHURCH
c. The use, if designed and constructed properly, would
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. The use would not be hazardous nor should it be
disturbing to existing or future neighboring uses if the
conditions are met; however, traffic may increase, but
the development will have vehicular approaches to the
property which shall be designed to decrease interference
with traffic on surrounding public streets;
e. The Applicant should 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. Sufficient parking for the proposed use will be
required to meet the requirements of the City ordinance;
and
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
11. Because conditions may be placed upon the grant 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 the grant of the
conditional use be required, to wit:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20.
CHERRY LANE CHRISTIAN CHURCH
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, or more
often if conditions warrant, upon notice to the
Applicant, for violation of any conditions imposed herein
and other conditional use applications;
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) As residential properties surround this project
site and the commercial off-street parking area is
located in or adjacent to the residential district,
the parking area shall be effectively screened on
all sides which adjoin or face any property used
for residential uses by a wall, fence, or planting
screen which is not leas than four feet (4') in
height plus a planting strip of not less than four
feet (4') in width. Appropriate landscaping and
ground cover, as determined by the City, shall be
provided and maintained on a continuous basis
within the planting strips;
(2) The Applicant shall provide calculations of asphalt
areas and shall locate the appropriate number and
size trees in accordance with City Ordinance
Section 11-2-414 D. The Applicant shall provide to
the City a detailed landscape plan of the property,
including berming details, for approval prior to
obtaining building permits;
(3) As the site is adjacent to Nine Mile Creek, which
is identified in the Meridian Comprehensive Plan
for enhancement, the Applicant shall provide
additional trees and landscaping adjacent to the
easement of the Nine Mile Creek, as well as
adjacent to all residential areas;
(4) The Applicant shall provide fire access and hydrant
locations in accordance with the Uniform Fire Code
and Meridian Fire Department policies;
(5) The Applicant shall provide screening for existing
trash area(s) and any additional trash area(s).
The Applicant shall coordinate dumpeter site
locations with the City's solid waste contractor,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21.
CHERRY LANE CHRISTIAN CHURCH
and locate dumpsters so as not to impede fire
access. The Applicant shall provide details and
the location(s) of the screened trash area(s) on a
revised site plan;
(6) As Cherry Lane is identified as an entrance
corridor in the Meridian Comprehensive Plan, the
Applicant shall provide a thirty five feet (35')
landscape setback beyond the required right-of-way;
(7) Parking shall not be closer than four feet (4') to
any existing right-of-way;
(6) The Applicant shall provide curbing and underground
sprinkler system for all landscaped areas;
(9) The Applicant shall provide temporary fencing to
contain debris during construction;
(10) All driveway parking areas shall be paved, with all
driveway accesses approved by the Ada County
Highway District;
(11) Paving, striping and signage of the parking lot
shall be in accordance with Meridian City
ordinances and the Americans with Disabilities Act;
(12) Driveway widths and parking stall lengths shall
meet the requirements of City Ordinance Section 11-
2-414;
(13) Graveled driveways, parking, and access shall not
be permitted;
(14) The Applicant shall cause to be prepared a drainage
plan designed by a state of Idaho licensed
architect or engineer, and shall submit such plan
to the City Engineer with calculations for all off
street parking areas. All site drainage shall be
contained and disposed of on-site;.
(15) The Applicant shall obtain a Certificate of
Occupancy prior to occupying the building;
(16) 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, the
Uniform Sign Code, and shall receive design
approval of the Planning and Zoning Department. A-
frame and other temporary signs shall not be
permitted and will be removed upon three (3) days
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22.
CHERRY LANE CHRISTIAN CHURCH
notice to the Applicant. Sign permits shall be
required for all signage;
(17) All building construction shall be in compliance
with all required Uniform Codes and the Americans
with Disabilities Act;
(18) The Applicant shall provide the Public Works
Department with anticipated sewer and water usage
for analysis in determining whether additional
assessment fees should be charged. Assessment fees
will be determined during the plan review process.
The Applicant shall enter into a re-assessment
agreement prior to issuance of a Certificate of
Occupancy;
(19) The Applicant shall provide parking lot lighting
plans to the Meridian Public Works Department. All
lighting and illumination of the site shall be
designed and operated so as not to cause glare or
adversely impact neighboring residential
properties, as determined by the City of Meridian;
(20) The location of sewer service lines to the project
shall be reviewed during the plan review process;
(21) As the treatment capacity of the Meridian
Wastewater Treatment Plant is currently being
evaluated, the grant of the Conditional Use Permit
pursuant to this application shall be contingent
upon the City's ability to accept the additional
sanitary sewage generated by this project;
(22) The location of water service lines to the project
shall be reviewed during the plan review process.
Water service to this project shall be contingent
upon positive results from a hydraulic analysis by
the City's computer model;
(23) As Nine Mile Creek is designated as a natural
drain, it may not be tiled. Any other irrigation/
drainage ditches which cross or lie adjacent to the
property shall be tiled. Plans will need to be
approved by the appropriate irrigation/drainage
district, or lateral users association, with
written confirmation of the said approval submitted
to the Public Works Department;
(24) Any existing domestic wells and/or septic systems
within this project shall be removed from domestic
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23.
CHERRY LANE CHRISTIAN CHURCH
~~
service. Wells may be used for non-domestic
purposes such as landscape irrigation; and
(25) The Applicant shall provide a revised site plan
meeting all staff and agency requirements prior to
the application being scheduled for a public
hearing before the City Council.
d. The Applicant shall meet and comply with the comments,
recommendations and requirements of the Meridian Police
Department, the Meridian Fire Department, the Meridian
Sewer Department, the Central District Health Department,
the Ada County Highway District, the Nampa & Meridian
Irrigation District, and all other governmental agencies
submitting or hereafter submitting comments.
e. Proper and adequate access to the property is available
and shall be maintained, with appropriate buffering to
residential properties and traffic on Cherry Lane and
surrounding residential areas; and
f. All ordinances of the City of Meridian shall 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 24.
CHERRY LANE CHRISTIAN CHURCH
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 SMITH VOTED
COMMISSIONER MACCOY VOTED
COMMISSIONER MANNING VOTED
CHAIRMAN JOHNSON (TIE BREAKER) VOTED
DECISION AND
~1
~i~i~
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 annually, or more
often if conditions warrant, upon notice to the Applicant by the
City. ~}
MOTION: ~l~y~ `,y~l
APPROVSD (Ql / DISAPPROVED:
FINDINGS OF FACT AND CLUSIONS OF LAW - Page 25.
CHERRY LANE CHRISTIAN CHURCH
u
BEFORE THE MERIDIAN PLANNING AND ZONING
MERIDIAN ASSEMBLY OF GOD
CONDITIONAL USE PERMIT FOR NEW CBURCB BUILDING
1830 N. CINDER ROAD
NORTH OF CHERRY LANE AND WEST OF CINDER ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing on
June 10, 1997, at the hour of 7:00 o'clock p.m., the Applicant
appearing through its representative, Patrick Drake, the Planning
and Zoning Commission of the City of Meridian having duly
considered the evidence and the matter makes the following Findings
of Fact and Conclusions of Law:
FINDIN(;8 OF FACT
1. A notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to said
public hearing scheduled on June 10, 1997, the first publication of
which was fifteen (15) days prior to said hearing; that the matter
was duly considered at the June 10, 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 contains approximately 12 acres and is
located within the City of Meridian. The property is described in
the application which description is incorporated herein. The
Applicant is the owner of record of the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
MERIDIAN ASSEMBLY OF GOD - Conditional Use Permit
3. The property is presently zoned (R-4) Low Density
Residential District and the Applicant has requested a zoning
amendment to (L-O) Limited Office District.
4. The proposed land use is to construct an new church
building on the property.
5. Pursuant to the application, the Applicant agrees to pay
any additional sewer, water and trash fees or charges, if any,
associated with the proposed use of the property.
6. Patrick Drake, the representative of the Applicant,
testified and explained substantially as follows. The Applicant
presently has three Sunday morning services which are full. It
desires to construct a new building sufficient in size to
accommodate its practitioners in Sunday one service.
7. A church is a permitted use in the (L-O) Limited Office
District; however, in accordance with the grant of the zoning
amendment requested for the property, the property can be developed
only under a development agreement or under the conditional use
process. Therefore, although the property would be in the (L-O)
Limited Office District upon the grant of the zoning amendment
requested a conditional use permit for the construction of a new
church building would be required.
8. That the (L-O) Limited Office District is described in
the Zoning Ordinance, 11-2-408 B. 7 as follows:
(L-OI 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 uaes shall not involve heavy testing operations of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
MERIDIAN ASSEMBLY OF GOD - Conditional Use Permit
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.
9. Conditional Use Permit is defined in the Zoning And
Development Ordinance, City of Meridian, Idaho as follows:
"Permits allowing an exception to the uses authorized by this
Ordinance in a zoning district."
10. 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:
a. The Applicant recently received approval for
conditional use of modular buildings for a one-year
period on this property. Since the original construction
of the church, the Zoning and Development Ordinance has
been changed not to allow churches in the R-4 zone, and
the Applicant seeks rezoning to L-O to conform with the
current Ordinance. In addition, a conditional use permit
is being sought for an additional building on the
property. Section 11-2-405 G. of the Zoning and
Development Ordinance states that, except in the case of
a Planned Development (PD), no more than one (1)
principal detached building shall be allowed on a lot;
b. Additional landscape is to be provided to meet the
Ordinance requirements of one (1) three-inch (3") caliper
tree per 1,500 square feet of asphalt. A total of 131
trees is required for the paving shown. Additional
landscaping should be considered north of the additional
parking area shown. The Applicant is to provide a
landscape plan for approval prior to obtaining a building
permit. A letter of credit or cash shall be required
prior to occupancy of the buildings if the improvements
are not made;
c. The Applicant is to meet all other requirements of
Ada County Highway District for driveways and tapers;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
MERIDIAN ASSEMBLY OF GOD - Conditional Use Permit
i ~
d. The conditional use permit shall be subject to
annual review, or more often if conditions warrant;
e. All signage shall be subject to design review. A-
frame, banners and other signs of a temporary nature will
not be permitted as part of this conditional use permit;
f. The Applicant is to provide 25-feet wide driveways
and striped parking spaces in accordance with City
Ordinance. All parking and driveway areas are to be
paved. Parking on non-paved areas shall be prohibited;
g. The Applicant is to obtain a Certificate of
Occupancy prior to utilization of new construction. A
letter of credit or cash for all improvements would be
needed prior to granting temporary occupancy;
h. Drainage plan and calculations prepared by an
architect or engineer licensed in Idaho is required to be
submitted to the Public Works Department for review and
approval for all parking areas;
i. Landscaping and underground sprinkling of all
landscaped areas shall be provided per City Ordinance;
j. Illumination of the site shall not cause glare or
impact adjacent properties, as determined by the City;
k. Five feet wide pedestrian walkways are to be
provided throughout the site;
1. The buildings shall meet all applicable Uniform Fire
Code and Uniform Building Code requirements;
m. The Applicant shall, as a condition of any permit,
be required to enter into a reassessment agreement with
the Public Works Department to determine if additional
sewer and/or water fees need to be paid; and
n. All trash areas shall be housed in a screened trash
enclosure.
13. The Meridian Police Department and the Meridian Fire
Department submitted comments on the subject application, which
respective comments are hereby incorporated herein as if set forth
in full.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
MERIDIAN ASSEMBLY OF GOD - Conditional Use Permit
•
14. The Meridian Sewer Department submitted comments on the
subject application, which comments are hereby incorporated herein
as if set forth in full; if the new building will include a kitchen
facility, depending upon size and frequency of use, a grease
interceptor for the sewer may be required.
15. The Central District Health Department submitted comments
on the subject application, 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 the proposal for central sewage and central water; that
runoff is not to create a mosquito breeding problem; that
stormwater runoff should flow into a grassy swale before
discharging to a seepage bed.
16. The Nampa b 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.
17. 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.
18. In response to questions of Commissioner MacCoy, Patrick
Drake, the representative of the Applicant, testified substantially
as follows. The Applicant has reviewed the submitted comments from
the Assistant to the City Engineer and the Planning and Zoning
Administrator. It is willing to adhere to all those submitted
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
MERIDIAN ASSEMBLY OF GOD - Conditional Use Permit
comments and requirements. The proposed building will be a
concrete block and stucco structure. He assumes the color of the
building will be an off white.
19. Commissioner MacCoy commented that illumination of the
property is an area of concern for the Commission, especially if
the property is in close proximity to residential areas. In
response, Patrick Drake testified substantially as follows. The
Applicant will hire civil engineers and other consulting engineers
to properly light the parking lot. The lighting of the parking lot
may be controlled by timers so the lights are turned off at a
certain time. The lights would be located in the parking lot area
rather than in the buffer zone along residential properties. This
location of the lights will hopefully alleviate the concerns of the
neighbors. One of the neighbors is a civil engineer. He came to
the Applicant and expressed concerns about lighting. He was
assured that the Applicant will properly engineer the lighting of
the property and it intends, and wants, to be a good neighbor.
20. Patrick Drake further testified substantially as follows.
The temporary buildings on the property will be used for
educational purposes, although the Applicant has not addressed or
decided what it will do with them in the future. The future use of
the buildings will depend upon the future extension of the
Conditional Use Permit granted for the buildings in the future.
21. James Main, another representative of the Applicant,
testified substantially as follows. This application for a
conditional use permit sought is for a portion of the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
MERIDIAN ASSEMBLY OF GOD - Conditional Use Permit
• r
With regard to the building type, the Applicant is still in the
schematic design phase. The Applicant is presently desirous of
concrete masonry units on the bulk of the building with a possible
mansard type of roof around the perimeter with a colored standing
seam metal.
22. In response to questions of Commissioner MacCoy, James
Main testified substantially as follows. The existing building is
beige with green trim. The color of the new building would likely
play off the colors of the existing building. The Applicant is
considering a split face concrete masonry unit (CMU) in an integral
color, so the Applicant would likely choose some earth tones. The
standing seam metal would possibly be a green or blue to play off
the trim on the existing building. At the present time, the
Applicant has not planned for any lighting on the face of the
building. On a preliminary site plan used for promotional
purposes, some lighting was randomly spaced. A neighbor viewed
this preliminary site plan and raised concerns about the lighting;
however, the Applicant has not yet involved an electrical or site
engineer. The Applicant will engineer the site so the lighting of
the parking area does not affect the neighbors. The Applicant will
likely choose 20 foot poles located as close to the center of the
parking area as possible. Because the Applicant owns the entire
property, buffering has not been depicted to allow options to
remain open for the number of parking spaces in the parking area.
There exists a retention pond on the property for collection of
irrigation water. The retention pond is approximately 1.5 feet to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
MERIDIAN ASSEMBLY OF GOD - Conditional Use Permit
2 feet deep. Screening of the retention pond for the protection of
children has been discussed.
23. Commissioner Smith commented that the site plan does not
depict the proposed new construction from the existing buildings.
Commissioner Smith further commented that he has a problem
approving or disapproving the application because of a lack of
detail as to the features and look of the proposed building. In
response to the comments and questions of Commissioner Smith, James
Main testified substantially as follows. More detailed plans have
not been produced because the architectural firm had only been
retained recently. However, he anticipates the proposed building,
which will be a multi-use building, will have a ceiling height of
22 feet in the main portion of the building and approximately
12,000 square feet. A five foot joist will extend to the top of
the building making the top of the building approximately 30 feet
in height. The existing building is approximately 14 feet to 16
feet in height sweeping to a steeple at the top of the building.
The steeple is approximately 30 feet to 35 feet in height.
24. The Applicant's representative, James Main, submitted a
letter dated June 27, 1997 accompanied with a front building
elevation of the proposed building. This letter and the
accompanying building elevation are incorporated herein as if set
forth in full.
25. Bryan D. Donaldson and Sarah Helgeson submitted a letter
signed by Bryan D. Donaldson supporting the application, however,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
MERIDIAN ASSEMBLY OF GOD - Conditional Use Permit
• s
with certain concerns. This letter is incorporated herein as if
set forth in full, and provides in part as follows.
We live at 1803 N.W. 13th and were notified about a
request from the Meridian Assembly of God Church for a
zoning change from R-4 to L-O. We support this request
for rezone with the following exceptions.
We are especially concerned about light pollution from
the area lighting proposed in the parking lot. We
recognize that the City requires a buffer strip be placed
around the property exterior boundary to somewhat
mitigate this concern; however, we feel that the standard
procedures incorporated by the City of Meridian are
inadequate in this regard.
We request additional technologies and methodologies be
utilized to protect our property from extraneous light.
we would suggest that the easterly boundary of the
property be lit at the ground level only using lighting
on the ground that shines upward in lieu of overhead
lighting. We would also suggest that this, to the extent
possible, be carried out on the eastern end of the
parking lot, as some of the overhead parking lot lighting
would be too bright.
We believe our concerns can be mitigated through
successful use of architecture and buffer strips. We
support the rezone application, but urge you to consider
and resolve any mitigating factors associated with
lighting of the parking lot.
26. There were no other comments by the public regarding this
application.
CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning Act
and of the Ordinances of the City of Meridian have been met,
including the mailing of notice to owners of property within 300
feet of the external boundaries of the Applicant's property.
2. The City of Meridian has authority to grant conditional
uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2-
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
MERIDIAN ASSEMBLY OF GOD - Conditional Use Permit
418 of the Zoning And Development Ordinance of the City of
Meridian.
3. The City has the authority to take judicial notice of its
own ordinances, other governmental statutes and ordinances, and of
actual conditions existing within the City and the State.
4. The City of Meridian has authority to place conditions on
a conditional use permit and the use of the property pursuant to
Idaho Code Section 67-6512 and pursuant to that section conditions
minimizing the adverse impact on other development, controlling the
duration of development, assuring the development is maintained
properly, and on-site or off-site facilities may be attached to the
permit; that 11-2-418 D authorizes the City to prescribe a set time
period for which a conditional use may be in existence.
5. Section 11-2-418 D. states as follows:
In approving any Conditional Use, the Commission and
Council may prescribe appropriate conditions, bonds, and
safeguards in conformity with this Ordinance. Violations
of such conditions, bonds or safeguards, when made a part
of the terms under which the Conditional 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 Zoning And Development Ordinance of the City of Meridian and
upon the basis of the Local Planning Act of 1975, Title 67 Chapter
65, Idaho Code, the Comprehensive Plan of the City of Meridian, and
the record submitted to it and the things of which it may take
judicial notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
MERIDIAN ASSEMBLY OF GOD - Conditional Use Permit
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 grant of the
zoning amendment for 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 apparently designed and to be constructed
so as to be harmonious in appearance with the character
of the general vicinity. If the conditions set forth
herein are complied with the use should be operated and
maintained to be harmonious with the intended character
of the general vicinity and should not change the
essential character of the area;
d. The use would not be hazardous, nor should it be
disturbing, to existing or future neighboring uses if the
conditions are met; however, traffic may increase, but
the development will have vehicular approaches to the
property which shall be designed to decrease interference
with traffic on surrounding public streets;
e. The Applicant shall be able to provide adequately
for the essential public facilities and services such as
streets, police and fire protection, drainage structures,
refuse disposal, water and sewer, but Applicant may have
to pay additional fees for the use;
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community;
g. If the conditions are met, the use should not
involve a use, activity, process, material, equipment or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
MERIDIAN ASSEMBLY OF GOD - Conditional Use Permit
r~
conditions of operation that would be detrimental to
people, 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
Ordinances; 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. Since conditions may be placed upon the granting of a
conditional use permit to minimize adverse impact on other
development, it is recommended by the Planning and Zoning
Commission that the following conditions of granting the
conditional use be required, to wit:
a. The conditional use, pursuant to the 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, or more
often if conditions warrant, upon notice to the
Applicant, for violation of any conditions imposed herein
and other conditional use applications;
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) The Applicant shall provide additional landscaping
to meet the Ordinance requirements of one (1)
three-inch (3") caliper tree per 1,500 square feet
of asphalt. A minimum of 131 trees shall be
required for the proposed asphalt paving, and
additional landscaping should be provided north of
the additional proposed parking area. The
Applicant shall provide a landscape plan for
approval prior to obtaining a building permit;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
MERIDIAN ASSEMBLY OF GOD - Conditional Use Permit
(2) The Applicant shall provide a letter of credit or
cash for the improvements to be made on the
property prior to occupancy of the buildings or to
the grant of temporary occupancy;
(3) The Applicant shall meet all the requirements of
Ada County Highway District specifically including
the requirements for driveways and tapers;
(4) All signage shall be subject to design review. A-
frame, banners and other signs of a temporary
nature shall not be permitted as part of this
Conditional Uae Permit;
(5) The Applicant shall provide 25-foot wide driveways
and striped parking spaces in accordance with City
Ordinance;
(6) All parking and driveway areas shall be paved, and
parking on non-paved areas shall be prohibited;
(7) The Applicant shall obtain a Certificate of
Occupancy prior to utilization of new construction;
(8) The Applicant shall provide to the Public Works
Department a drainage plan with calculations
prepared by an architect or engineer licensed in
Idaho for review and approval for all parking
areas;
(9) The Applicant shall provide landscaping and
underground sprinkling to all landscaped areas per
City Ordinance;
(10) Illumination of the site shall not cause glare or
impact adjacent properties, as determined by the
City;
(11) The Applicant shall provide five feet wide
pedestrian walkways throughout the site;
(12) All buildings and new construction shall meet all
applicable Uniform Fire Code and Uniform Building
Code requirements;
(13) The Applicant shall enter into a reassessment
agreement with the Public Works Department to
determine if additional sewer and/or water fees
need to be paid; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13.
MERIDIAN ASSEMBLY OF GOD - Conditional Use Permit
(14) All trash areas shall be housed in a screened trash
enclosure.
d. The Applicant shall meet and comply with the comments,
recommendations and requirements of the Meridian Police
Department, the Meridian Fire Department, the Meridian
Sewer Department, the Central District Health Department,
the Ada County Highway District, the Nampa & Meridian
Irrigation District, and all other governmental agencies
submitting or hereafter submitting comments.
e. Proper and adequate access to the property is available
and shall be maintained, with appropriate buffering to
residential properties and traffic on Linder Road and
surrounding residential areas; and
f. 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.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these Findings of Fact and Conclusions
of Law.
ROLL CALL
COMMISSIONER BORUP
COMMISSIONER SMITH
COMMISSIONER MACCOY
COMMISSIONER MANNING
~-~..
VOTED
VOTED ~~ ~~G~~~f"
VOTED ___ `f /~ E
VOTED GL7,
CHAIRMAN JOHNSON (TIE BREAKER) VOTED C.~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. ~~(J~'
MERIDIAN ASSEMBLY OF GOD - Conditional Use Permit
DECISION AND RECOMFIENDATION
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 annually, or more
often if conditions warrant, upon notice to the Applicant by the
City.
MOTION:
APPROVED• DISAPPROVED:
~~~1~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15.
MERIDIAN ASSEMBLY OF GOD - Conditional Use Permit
BEFORE THE MERIDIAN PLANNING AND ZONING
MERIDIAN ASSEMBLY OF GOD
REZONE OF APPROXIMATELY 12 ACRES FROM R-4 TO L-O
1830 N. CINDER ROAD
NORTH OF CHERRY LANE AND WEST OF CINDER ROAD
MERIDIAN, IDAAO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing on
June 10, 1997, at the hour of 7:00 o'clock p.m., the Applicant
appearing through its representative, Patrick Drake, 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 rezone application
was published for two (2) consecutive weeks prior to said public
hearing scheduled on June 10, 1997, the first publication of which
was fifteen (15) days prior to said hearing; that the matter was
duly considered at the June 10, 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 contains approximately 12 acres and is
located within the City of Meridian. The property is described in
the application which description is incorporated herein. The
Applicant is the owner of record of the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
MERIDIAN ASSEMBLY OF GOD - REZONE
3. The property is presently zoned (R-4) Low Density
Residential District and the Applicant requests a rezone to (L-O)
Limited Office District.
4. Pursuant to the application, the property is presently
used for a church, and has been used for a church over the last 12
years. The proposed use of the property is to continue for a
church, and, more specifically, the Applicant intends to construct
a new church building.
5. Pursuant to the application, the Applicant agrees to pay
any additional sewer, water and trash fees or charges, if any,
associated with the rezone and use, whether residential, commercial
or industrial.
6. Patrick Drake, the representative of the Applicant,
testified and explained substantially as set forth hereinafter.
The Applicant desires to change the zoning of the property to
conform with the City of Meridian's existing zoning ordinance to
change the zoning from (R-4) Low Density Residential District to
(L-O) Limited Office District. The primary building on the
property was constructed approximately 13 years ago prior to the
change in the zoning ordinance. The Applicant has reviewed the
submitted comments from the Assistant to the City Engineer and the
Planning and Zoning Administrator. It is willing to adhere to
those submitted comments and requirements.
7. In response to questions of Commissioner Smith, Patrick
Drake testified substantially as follows. The Applicant seeks a
rezone of the entire property, 12 acres. The Applicant owns the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
MERIDIAN ASSEMBLY OF GOD - REZONE
entire 12 acres. The primary church building on the property was
constructed on the property approximately 13 years ago, at which
time churches were permitted in the R-4 District. The Applicant's
intent is to rezone the property to conform to the present zoning
ordinance.
8. The proposed zoning amendment is consistent with the
Meridian Comprehensive Plan.
9. A church is a permitted use in the (L-O) Limited Office
District.
10. That the (L-O) Limited Office District is described in
the Zoning Ordinance, 11-2-408 B. 7 as follows:
,(L-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
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.
11. 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:
a. The Applicant recently received approval for
conditional use of modular buildings for a one-year
period on this property. Since the original construction
of the church, the Zoning and Development Ordinance has
been changed not to allow churches in the R-4 zone, and
the Applicant seeks rezoning to L-O to conform with the
current Ordinance. In addition, a conditional use permit
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
MERIDIAN ASSEMBLY OF GOD - REZONE
•
is being sought for an additional building on the
property. Section 11-2-405 G. of the Zoning and
Development Ordinance states that, except in the case of
a Planned Development (PD), hot more than one (1)
principal detached building shall be allowed on a lot;
b. Additional landscape is to be provided to meet the
Ordinance requirements of one (1) three-inch (3") caliper
tree per 1,500 square feet of asphalt. A total of 131
trees is required for the paving shown. Additional
landscaping should be considered north of the additional
parking area shown. The Applicant is to provide a
landscape plan for approval prior to obtaining a building
permit. A letter of credit or cash shall be required
prior to occupancy of the buildings if the improvements
are not made;
c. The Applicant is to meet all other requirements of
Ada County Highway District for driveways and tapers;
d. The Conditional Use Permit shall be subject to
annual review, or more often if conditions warrant;
e. All signage shall be subject to design review. A-
frame, banners and other signs of a temporary nature will
not be permitted as part of this conditional use permit;
f. The Applicant is to provide 25-feet wide driveways
and striped parking spaces in accordance with City
Ordinance. All parking and driveway areas are to be
paved. Parking on non-paved areas shall be prohibited;
g. The Applicant is to obtain a Certificate of
Occupancy prior to utilization of new construction. A
letter of credit or cash for all improvements would be
needed prior to granting temporary occupancy;
h. Drainage plan and calculations prepared by an
architect or engineer licensed in Idaho is required to be
submitted to the Public Works Department for review and
approval for all parking areas;
i. Landscaping and underground sprinkling of all
landscaped areas shall be provided per City Ordinance;
j. Illumination of the site shall not cause glare or
impact adjacent properties, as determined by the City;
k. Five feet wide pedestrian walkways are to be
provided throughout the site;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
MERIDIAN ASSEMBLY OF GOD - REZONE
1. The buildings shall meet all applicable Uniform Fire
Code and Uniform Building Code requirements;
m. The Applicant shall, as a condition of any permit,
be required to enter into a reassessment agreement with
the Public Works Department to determine if additional
sewer and/or water fees need to be paid; and
n. All trash areas shall be housed in a screened trash
enclosure.
13. The Meridian Police Department, the Meridian Fire
Department and the Meridian Sewer Department submitted comments on
the subject application, which respective comments are hereby
incorporated herein as if set forth in full.
14. The Central District Bealth Department submitted
comments on the subject application, 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 the proposal for central sewage and
central water; that runoff is not to create a mosquito breeding
problem; that an appropriate stormwater management system should be
installed preventing impacts to shallow ground water.
15. 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.
16. The Ada County Bighway 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 5.
MERIDIAN ASSEMBLY OF GOD - REZONE
17. Bryan D. Donaldson and Sarah Belgeson submitted a letter
signed by Bryan D. Donaldson supporting the application, however,
with certain concerns. This letter is incorporated herein as if
set forth in full, and provides in part as follows.
We live at 1803 N.W. 13th and were notified about a
request from the Meridian Assembly of God Church for a
zoning change from R-4 to L-O. We support this request
for rezone with the following exceptions.
We are especially concerned about light pollution from
the area lighting proposed in the parking lot. We
recognize that the City requires a buffer strip be placed
around the property exterior boundary to somewhat
mitigate this concern; however, we feel that the standard
procedures incorporated by the City of Meridian are
inadequate in this regard.
We request additional technologies and methodologies be
utilized to protect our property from extraneous light.
We would suggest that the easterly boundary of the
property be lit at the ground level only using lighting
on the ground that shines upward in lieu of overhead
lighting. We would also suggest that this, to the extent
possible, be carried out on the eastern end of the
parking lot, as some of the overhead parking lot lighting
would be too bright.
We believe our concerns can be mitigated through
successful use of architecture and buffer strips. We
support the rezone application, but urge you to consider
and resolve any mitigating factors associated with
lighting of the parking lot.
18. There were no other comments by the public regarding this
application.
CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning Act
and of the Ordinances of the City of Meridian have been met,
including the mailing of notice to owners of property within 300
feet of the external boundaries of the Applicant's property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
MERIDIAN ASSEMBLY OF GOD - REZONE
2. The City 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.
3. The City of Meridian has authority to place conditions
upon granting a zoning amendment.
4. This Application for a zoning amendment has been judged
upon the basis of guidelines contained in Section 11-2-416 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 can take judicial
notice.
5. Section 11-2-416 A. states in part as follows:
When the public necessity, convenience, general welfare
or zoning and development practice require, the Council
may amend, supplement, change, or repeal the
regulations, restrictions, and boundaries or
classifications of property as well as the regulations
and provisions of this Ordinance.
6. Section 11-2-416 (K) of the Zoning And Development
ordinance of the City of Meridian sets forth standards under which
the City shall review applications for zoning amendments. Upon a
review of those requirements and a review of the facts presented
and conditions of the area, it is specifically concluded as
follows:
(a) The (L-O) Limited Office District zoning would be
harmonious with and in accordance with the Comprehenaive
Plan;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
MERIDIAN ASSEMBLY OF GOD - REZONE
(b) The area included in the proposed zoning amendment is
intended to be developed in a fashion which would be
allowed under the proposed new zoning;
(c) The property, if designed and used as allowed in the (L-
O) Limited Office District, would be designed and
constructed to be harmonious with the surrounding area,
which is developed in the fashion of the (R-4) Low
Density Residential District;
(d) The (L-O) Limited Office District use would not be
hazardous to th"e existing or future uses of the
surrounding neighborhood;
(e) The (L-O) Limited Office District development would not
create excessive additional requirements at public cost
for public facilities and services, and would not be
detrimental to the economic welfare of the community;
(f) The proposed use would not involve urea, activities,
processes, materials, equipment or conditions of
operation which would be detrimental to any person,
property or the general welfare of the area; however, the
amount of traffic may increase rather than if it remained
under an (R-4) Low Density Residential District
development;
(g) The area should have vehicular approaches to the property
which will be designed to decrease interference with
traffic on surrounding public streets;
(h) A rezone would not result in the destruction, loss or
damage of any natural or scenic feature of major
importance; and
(i) The proposed zoning amendment is in the best interest of
City of Meridian.
7. It is further concluded that the Applicant must meet and
comply with the comments, recommendations and requirements of Bruce
Freckleton, Assistant to the City Engineer, and Shari Stiles,
Planning and Zoning Administrator. Their comments, recommendations
and requirements include, but are not limited to, the following:
(a) The Applicant shall provide additional landscaping to
meet the Ordinance requirements of one (1) three-inch
(3") caliper tree per 1,500 square feet of asphalt. A
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
MERIDIAN ASSEMBLY OF GOD - REZONE
minimum of 131 trees shall be required for the proposed
asphalt paving, and additional landscaping should be
provided north of the additional proposed parking area.
The Applicant shall provide a landscape plan for approval
prior to obtaining a building permit. The Applicant
shall provide a letter of credit or cash for the
improvements to be made on the property prior to
occupancy of the buildings;
(b) The Applicant shall meet all the requirements of Ada
County Highway District specifically including the
requirements for driveways and tapers;
(c) Any Conditional Use Permit issued shall be subject to
annual review, or more often if conditions warrant;
(d) All signage shall be subject to design review. A-frame,
banners and other signs of a temporary nature shall not
be permitted as part of any Conditional Use Permit
issued;
(e) The Applicant shall provide 25-feet wide driveways and
striped parking spaces in accordance with City Ordinance.
All parking and driveway areas shall be paved, and
parking on non-paved areas shall be prohibited;
(f) The Applicant shall obtain a Certificate of Occupancy
prior to utilization of new construction. A letter of
credit or cash for all improvements shall be provided
prior to the grant of temporary occupancy;
(g) The Applicant shall provide to the Public Works
Department a drainage plan with calculations prepared by
an architect or engineer licensed in Idaho for review and
approval for all parking areas;
(h) The Applicant shall provide landscaping and underground
sprinkling of all landscaped areas per City Ordinance;
(i) Illumination of the site shall not cause glare or impact
adjacent properties, as determined by the City;
(j) The Applicant shall provide five feet wide pedestrian
walkways throughout the site;
(k) All buildings and new construction shall meet all
applicable Uniform Fire Code and Uniform Building Code
requirements;
(1) The Applicant shall, as a condition of any permit
granted, be required to enter into a reassessment
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
MERIDIAN ASSEMBLY OF GOD - REZONE
agreement with the Public Worka Department to determine
if additional sewer and/or water fees need to be paid;
and
(m) All trash areas shall be housed in a screened trash
enclosure.
8. It is further concluded that the Applicant must meet and
comply with the comments, recommendations and requirements of the
Meridian Police Department, the Meridian Fire Department, the
Central District Health Department, the Nampa & Meridian Irrigation
District and the Ada County Highway District.
9. Proper and adequate access to the property is available
and must be maintained by the Applicant, with appropriate buffering
to residential properties and traffic on Linder Road and
surrounding residential areas.
APPROVAL OF FINDIN(~3 OF FACT AND CONCLUSIONS OF LAW
The Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these Findings of Fact and Conclusions
of Law.
ROLL CALL
COMMISSIONER
COMMISSIONER
COMMISSIONER
COMMISSIONER
CHAIRMAN JOH]
BORUP
SMITH
MACCOY
MANNING
!1SON (TIE BREAKER)
VOTED ~'~---''
VOTED
VOTED -~~
VOTED a~/~;
VOTED
~lv~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
MERIDIAN ASSEMBLY OF GOD - REZONE
DECISION AND
The Planning and Zoning Commission hereby recommends that the
property set forth in the application be approved by the City
Council for the zoning amendment requested 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/or 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 is not
agreeable with entering into a development agreement and/or that
the property only be developed under the conditional use process,
the application for the zoning amendment should be denied.
MOTION:
APPROVED DISAPPROVED:
i
~l~/~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
MERIDIAN ASSEMBLY OF GOD - REZONE
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
ROGER MZCHENER
REZONE OF APPROXIMATELY 1.4 ACRES FROM R-8 TO C-G
519 E. FAIRVIEW AVENUE
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW ,
The above entitled matter having come on for public hearing on
June 10, 1997, at the hour of 7:00 o'clock p.m., the Applicant
appearing through his representative, Hoyt Michener, 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 rezone application
was published for two (2) consecutive weeks prior to said public
hearing scheduled on June 10, 1997, the first publication of which
was fifteen (15) days prior to said hearing; that the matter was
duly considered at the June 10, 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 contains approximately 1.4 acres and is
located within the City of Meridian at 519 E. Fairview Avenue. The
property is described in the application which description is
incorporated herein. The Applicant is not the owner of record of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
ROGER MICHENER - REZONE
the property. The record owners of the property are Robert G. and
Patricia A. Jacobsen, and they have consented to the application
for re-zone of the property.
3. The property is presently zoned (R-8) Medium High Density
Residential District and the Applicant requests a rezone to (C-G)
General Retail and Service Commercial.
4. Pursuant to the application, the property is presently
bare. The proposed use of the property is to construct a multi-
tenant retail center.
5. Aoyt Michener, the representative of the Applicant,
testified substantially as follows. The Applicant has reviewed the
comments submitted on this application, and asked for some
clarifications on some of those comments. With regard to the
comment concerning cross access easements, the Applicant is
planning to provide access to the south property through a recorded
easement. As to the properties located to the east and west of the
property, the Applicant is not aware of what the planned use of the
properties are. Consequently, he does not know whether cross
access is necessary. The Applicant plane to meet all the minimum
landscaping requirements, and a 20 feet planting strip would be
acceptable to the Applicant. With regard to fire access and
hydrant locations, two hydrants have been requested. The Applicant
does not know the desired location of the hydrants or the demand
for those hydrants. If two fire hydrants are required for the
Applicant's proposed building, the Applicant would comply, but
wants to know the specific location for the hydrants. However, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
ROGER MICHENER - REZONE
Applicant desires that he have to install only one hydrant. The
trees for the landscaping are not a problem. The Applicant plans
to landscape the four sides of the property. The requirement of a
screening for the trash receptacles/dumpster is not a problem.
With regard to the dedication of an additional four feet of right-
of-way on Fairview Avenue, which may effect the purchase price of
the property, that issue and the question of reimbursement are
matters for the Applicant and the Ada County Highway District.
However, the dedication of the additional right-of-way does affect
the size of the building and meeting the minimum set back,
landscaping and other site specific requirements. The Applicant
requests clarification on the requirement of the erection of a
fence to contain debris during the construction of the building.
6. Commissioner Borup commented that the purpose of the
requirement that a fence be erected during construction of the
building is to contain debris on the property and off adjoining
properties.
7. Hoyt Michener further testified substantially as follows.
The construction of a 6 feet high concrete wall along the boundary
between the property and the adjacent mobile home park is a concern
of the Applicant. With regard to providing sewer to the property,
the Applicant desired to connect the property to the sewer through
Fairview Avenue. However, as Fairview Avenue has been resurfaced,
and Ada County Highway District prohibits the cutting of new
pavement for a period of five years, the sewer could possibly be
stubbed in to the line east of the property.
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8. City Engineer, Gary Smith, commented as follows. There
exists a lot of missing information on the site plan. Many of the
questions and issues could be answered by information on the site
plan, such as where the property will connect to sewer and water.
As provided in the City staff's comments, a new site plan needs to
be submitted.
9. In response, Hoyt Michener responded that when the
property was put under contract to purchase, many things needed to
be accomplished such as a rezone of the property and securing a
conditional use permit. The Applicant is attempting to jump
several hurdles to get this project moving forward quickly. He
does not know whether the Applicant can accomplish all these tasks
to everyone's satisfaction. With regard to the sewer connection,
the only option apparently available is to connect the property to
the sewer line through the property to the east.
10. City Engineer, Gary Smith, commented that he would not
support cutting the new pavement on Fairview Avenue.. With regard
to connecting the property to sewer, the Applicant needs to extend
the line to the sewer line which runs along Five Mile Creek, and he
does not know the location of the property in relation to Five Mile
Creek. The Roundtree Chevrolet property does not connect to sewer
through Fairview Avenue. It connects through Danbury Fair
Subdivision.
11. Karen Gallagher of the Ada County Highway District
testified substantially as follows. Pursuant to the Ada County
Highway District's staff report there is no right-of-way which is
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ROGER MICHENER - REZONE
required. However, the Ada County Highway District needs 54 feet
of right-of-way from the centerline of Fairview Avenue. If it
needs four feet of additional right-of-way, it will pay for the
additional right-of-way. As Fairview Avenue is an arterial, the
funding for the acquisition of the additional right-of-way will
come through impact fees collected.
12. In response to questions of Commiaeioner Borup, the Ada
County Highway District has requested only the cross access south
of the property. The Five Mile Creek presents a problem with
regard to cross access, making such access not feasible. The south
cross access is an access with which the Ada County Highway
District can work and eliminate an access point on Fairview Avenue.
13. In response to questions of Commiaeioner MacCoy, Hoyt
Michener testified substantially as follows. The Applicant does
not have an elevation schematic for the proposed building. To this
point, the Applicant has expended $2,000.00 on the plan for the
property. The Ada County Highway District requested a single curb
cut which caused the Applicant to redraw its plans. The Applicant
has spent a considerable amount of money to redraw the plans to
meet the requirements of other agencies. The Applicant has not
done a full set of plans, and it does not plan to do a full set of
plans unless approval for the proposed development is secured.
However, the Applicant can prepare a front view, with a color
scheme, of the proposed building. The proposed building will be a
mason block designer color with raised block around banded color.
The front of the building will be glass for retail display and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
ROGER MICHENER - REZONE
visibility. The interior ceilings will be the typical 8 feet to 10
feet high, with an additional four feet for duct work and ceiling
access. The Applicant is uncertain as to the design of the roof,
although it may be a flat roof. The Applicant does not like metal
buildings. With regard to the building plane or schematics, the
Applicant did not know whether it had to expend the money not
knowing whether the application for rezone would be approved. The
present primary objective of the Applicant is to secure the rezone
of the property. The requested rezone fits with the City's
Comprehensive Plan. There is definitely a demand in Meridian for
retail space. The Applicant does a lot of leasing and sales of
commercial real estate. There presently exists a high demand for
retail space. The property is prime property because it is close
to downtown. The Applicant has had a significant interest from
retail type users. Securing the rezone of the property is
paramount to pursuing the project and investing money into it.
14. In response to further questions of Commissioner MacCoy,
Hoyt Michener testified substantially as follows. The Applicant
has received a copy of the letter from the owner of Elm Grove
trailer park, concerning the six feet high concrete wall between
the property and the trailer park. He recognizes the wall being a
visual barrier, but he does not know how beneficial the wall will
be as a sound barrier. The Applicant can review the request for
the concrete wall, and the Applicant does not have a problem with
constructing the wall. However, he does not know whether the wall
should go east and west across the southern property line of the
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property. Based upon past commercial development, the wall is not
an unusual request. The Applicant would prefer to split equally
the expense of the fence with the owner of the trailer park. The
Applicant does not presently want to extend the concrete wall
across the southern portion of the property. The Applicant is
willing to meet with the owner of the trailer park.
15. In response to a question of Commissioner Smith, Hoyt
Michener testified substantially that the land south of the
property is one parcel which is zoned R-8.
16. Robert Jacobsen testified substantially as follows. He
is the owner of the land which is directly south of the property.
He would not require a visual or a sound wall between his land and
the property; no need presently exists for such a wall. With
regard to his property, he presently has no specific plans for it.
The land is presently zoned R-8, and he may seek a rezone in the
future.
17. Loren Ross testified substantially as follows. He is the
owner of the land to the west on which the Elm Grove trailer park
is located, and the comments he has made in his letter received by
the City of Meridian on May 12, 1997, is an expression of his
comments and concerns pertaining to the application. With regard
to the southerly access to the property, such access will impact
his trailer park due to the close proximity of the traffic and
eight or nine residents of the trailer park. What occurs at the
rear of a commercial buildings gives rise to his concern and
request for a sight and sound wall. Dependent upon the occupants
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ROGER MICHENER - REZONE
~,
of the building, activities, noise and light disturbance can occur
early in the morning and late in the evening. Based upon the site
plans he has reviewed, lights will shine into the residences of the
trailer park. Consequently, he requests the concrete wall. Ae
also has a concern of the nature of the businesses which will
occupy the property.
18. Loren Ross submitted a letter received by the City of
Meridian on May 12, 1997, which letter is incorporated herein as if
set forth in full. This letter provides in part:
His property includes a 12,000 sq. ft. commercial
building (405/407 E. Fairview) that is part currently
occupied by New Horizons Child Care, Idaho, Inc. and Elm
Grove Trailer Park, a 40 unit mobile home park.
I wish to go on record with the following concerns
in which the above proposed project may impact my
property:
1. Noise. I would request that noise levels be
kept within an acceptable decibel level to
continue with the same "business as usual"
that New Horizons Child Care is currently
experiencing. Equally, if not of more
concern, is the impact on the occupants within
Elm Grove Trailer Park. The proposed project
will be within very close proximity to the
mobile home community.
2. Sight. Early morning and late night lights from
customers, employees, and delivery trucks,
specifically parking/freight area behind the
proposed project, would shine directly into the
mobile homes within Elm Grove Trailer Park. This
is not acceptable.
I would request a sound & sight barrier in the form
of a pumice block wall, minimum height of 6 feet,
accompanied with landscaping to soften/eliminate activity
that may negatively impact my property. At a minimum,
the wall needs to commence at the rear of my commercial
building (New Horizons Child Care) and continue south for
the duration of the project. At that point, the wall
needs to continue eastward the width of the proposed
project.
Priority should be given to construction of the
sound and sight barrier prior to building construction to
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ROGER MICHENER - REZONE
eliminate all of the above mentioned concerns as well as
blowing dust and debris during the construction phase.
In conclusion, I welcome the proposed project with
the above concerns properly addressed by the members of
this commission and the owners of the proposed project.
However, if decisions, or the lack thereof, made by
members of this commission or the owners of the proposed
project should result in a negative impact and/or loss of
revenues to Elm Grove Trailer Park and my commercial
building at 405/407 E. Fairview (currently Horizons Child
Care), this may result in litigation to remedy the
problem.
19. In response to a question of Commissioner Smith, Loren
Ross testified that he is not presently willing to comment on the
sharing of the coat of construction of the concrete wall between
his property and the property.
20. In response to questions of Commissioner Borup, Loren
Ross testified substantially as follows. With regard to the site
plan which he received and reviewed, the first mobile home is close
to the south end of the play area for the child care center on his
property. There is screening between the play area and the mobile
home park. The fence is 6 feet high and has slats to reduce the
noise from the play area. The children are not in the play area
very much or an ongoing basis. The children are inside most of the
time, and the day care runs, approximately, normal business hours.
By 6:00 p.m., the children have been picked up, whereas the retail
business on the property could operate until midnight. He has
owned his land for approximately 45 years. The building has been
used for retail furniture businesses before it was day cares. He
is not against the development of the property, but desires certain
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constraints to be imposed to protect the surrounding properties.
The types of businesses and lessees change over time, and the
different types of businesses and tenants cause different types of
impacts.
21. The Planning and Zoning Administrator commented
substantially as follows. A bar would not be a permitted uae,
although it may be permitted through a conditional use if the
property was rezoned to C-G. Restaurants are permitted uses in the
C-G; however, she thinks the City can place restrictions, or at
least have some design review, as tenants start to occupy the
property. Any change in use would require that a conditional use
permit be prepared for it. The Applicant's application for a
conditional use permit is requesting retail only. Although the
possibility exists for a bar or restaurant, a conditional uae
permit would need to be obtained.
22. Hoyt Michener further testified substantially as follows
in response to questions of Commissioner Smith. At this time, all
the tenants that have expressed interest in the property are
retail, service oriented, and not food establishments. Originally,
the Applicant proposed a drive-through and two curb cuts, but that
has been changed. The Applicant abandoned the drive through plan,
which would have accommodated a food establishment. Although
prospects exist, no leases have been executed. He does not know
the identity of any of the tenants, but does not anticipate any
tenant creating any problems in terms of noise or otherwise. Of
the prospective tenants with which he has spoken, two would operate
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ROGER MICHENER - REZONE
businesses with hours of 8:00 a.m. to 5:00 p.m., and another was
7:00 a.m. to 10:00 p.m. However, any of these tenants would have
to secure a conditional use permit.
23. 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:
a. This request for rezone to C-G with a condition use
permit is consistent with the Meridian Comprehensive
Plan. The proposed development site is part of a larger
parcel. The Applicant proposes splitting the frontage
off and providing a cross access agreement to the back
portion of the property, as the split would leave the
remainder landlocked;
b. ACHD [Ada County Highway District] policy requires
that access from Fairview to this development be located
to align with the Jackson's Food Mart and that cross
access agreements be entered into for the properties
east, south and west of this parcel;
c. A minimum 20 feet wide planting strip is required
adjacent to the existing residential use per City
Ordinance Section 11-9-605. A revised plan detailing the
20 feet wide planting strip is needed prior to action on
this proposal. The owner of the adjacent trailer park
has submitted a letter requesting that a block wall be
provided adjacent to the trailer park. Detailed
landscaping plans, including species and sizes of all
plants, will be required prior to submitting an
application for a building permit;
d. The Applicant is to provide fire access and hydrant
locations in accordance with the Uniform Fire Code and
Meridian Fire Department policies;
e. A minimum of twenty five (25) three inch (3")
caliper trees are required for this development;
f. A screened trash enclosure is to be provided per
City Ordinance. No trash area is shown on the plan. The
Applicant is to coordinate dumpater site locations with
the City's solid waste contractor. The Applicant is to
locate dumpsters so as not to impede fire access;
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ROGER MICHENER - REZONE
g. The Applicant is to dedicate four (4) additional
feet of right-of-way on Fairview Avenue (54' from
centerline). The Applicant is to furnish a copy of
recorded warranty deed to the City Clerk's office for
dedication of additional right-of-way prior to submitting
an application for a building permit;
h. The Applicant is to provide a thirty five feet (35')
landscape setback beyond the required right-of-way. The
Applicant is to provide detailed landscape plan including
berminq details for approval prior to obtaining building
permits. Sidewalk/curbing shall be installed along
Fairview Avenue;
i. The Applicant is to provide curbing and underground
sprinkler system for all landscaped areas;
j. The Applicant is to provide temporary fencing to
contain debris during construction;
k. All driveway and parking areas shall be paved, with
all driveway accesses approved by the Ada County Highway
District. Paving, striping and signage of parking lot is
to be in accordance with Meridian City Ordinance and the
Americans with Disabilities Act. Driveway widths and
parking stall lengths do not meet the requirements of
City Ordinance Section 11-2-414; i.e. 25 feet wide
driveway aisles with 9' x 19' stalls. 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 with calculations (Ord. 557, 10-1-
91) for all off-street parking areas. All site drainage
shall be contained and disposed of on-site;
1. Each tenant shall obtain a Certificate of Occupancy
prior to opening for business;
m. 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, the Uniform
Sign Code, and 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;
n. All construction shall be in compliance with the
Americans with Disabilities Act (ADA) and all required
Uniform Codes;
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ROGER MICHENER - REZONE
o. 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;
p. Assessment fees will be determined during the plan
review process;
q. 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;
r. The City of Meridian owns and maintains a 21 inch
diameter sanitary sewer main adjacent to the north of
this proposed site in Fairview Avenue. The Ada County
Highway District is currently working on an asphalt
overlay of Fairview Avenue. Ada County Highway
District's policy prohibits any cuts of newly paved or
overlaid roadways during a five year period from the date
of completion. The 21 inch diameter sanitary sewer main
also follows the westerly side of Five Mile Creek near
the easterly boundary of the proposed site. It may be
possible to access the sewer across the adjacent parcel
if easements could be obtained from the owner. Service
lines and mainlines to the site shall be reviewed during
the plan review process. The treatment capacity of the
Meridian Wastewater Treatment Plant is currently being
evaluated. Approval of this application needs to be
contingent upon the City's ability to accept the
additional sanitary sewage generated by this project;
s. The City of Meridian owns and maintains an eight
inch diameter water main in Fairview Avenue at the
intersection of E. 3rd Street. The Applicant would be
responsible for the extension of this main to the
easterly boundary of the proposed site. Service lines
and mainlines to the site shall be reviewed during the
plan review process;
t. Water service to this project is contingent upon
positive results from a hydraulic analysis by the City's
computer model;
u. 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
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ROGER MICHENER - REZONE
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 this project;
v. 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;
w. The legal description submitted for rezone describes
the perimeter of the site shown on the site plan;
however, according to the Ada County Assessor's
information, there is an irregular piece of land in the
northeast corner of the site that is still in the County.
Although the Applicant does not own all of this property,
the triangular piece should be cleaned up and annexed.
A possible reason this was left in the County is that
there is currently a billboard next to Five Mile Creek;
x. The Applicant is to provide a revised site plan
meeting all staff and agency requirements prior to being
scheduled for a public hearing before the City Council;
and
y. A development agreement incorporated detailed
conditions of approval is required as a condition of
rezoning. All uses shall be developed under the
conditional use permit process.
24. The Meridian Police Department, the Meridian Fire
Department, the Meridian Sewer Department and the Nampa & Meridian
Irrigation District submitted comments on the subject application,
which respective comments are hereby incorporated herein as if set
forth in full.
25. The Central District Health Department submitted
comments on the subject application, 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 the proposal for central sewage and
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ROGER MICHENER - REZONE
central water; and that stormwater run-off should flow into a
grassy swale before discharging to the subsurface.
26. 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 aet forth
in full when submitted.
27. There were no other comments by the public regarding this
application.
CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning Act
and of the Ordinances of the City of Meridian have been met,
including the mailing of notice to owners of property within 300
feet of the external boundaries of the Applicant's property.
2. The City 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.
3. The City of Meridian has authority to place conditions
upon granting a zoning amendment.
4. This Application for a zoning amendment has been judged
upon the basis of guidelines contained in Section 11-2-416 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 can take judicial
notice.
5. Section 11-2-416 A. states in part as follows:
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ROGER MICHENER - REZONE
When the public necessity, convenience, general welfare
or zoning and development practice require, the Council
may amend, supplement, change, or repeal the
regulations, restrictions, and boundaries or
classifications of property as well as the regulations
and provisions of this Ordinance.
6. Section 11-2-416 (K) of the Zoning And Development
Ordinance of the City of Meridian sets forth standards under which
the City shall review applications for zoning amendments. Upon a
review of those requirements and a review of the facts presented
and conditions of the area, it is specifically concluded as
follows:
(a) The (C-G) General Retail and Service Commercial zoning
would be harmonious with and in accordance with the
Comprehensive Plan;
(b) The area included in the proposed zoning amendment is
intended to be developed in a fashion which would be
allowed under the proposed new zoning;
(c) The property, if designed and used as allowed in the (C-
G) General Retail and Service Commercial, would be
designed and constructed to be harmonious with the
surrounding area;
(d) The (C-G) General Retail and Service Commercial use would
not be hazardous to the existing or future uses of the
surrounding area;
(e) The (C-G) General Retail and Service Commercial
development would not create excessive additional
requirements at public cost for public facilities and
services, and would not be detrimental to the economic
welfare of the community;
(f) The proposed uses under the (C-G) General Retail and
Service Commercial would not involve uses, activities,
processes, materials, equipment or conditions of
operation which would be detrimental to any person,
property or the general welfare of the area;
(g) The area should have a vehicular approach to the property
which will be designed to decrease interference with
traffic on surrounding public streets;
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ROGER MICAENER - REZONE
(h) A rezone would not result in the destruction, loss or
damage of any natural or scenic feature of major
importance; and
(i) The proposed zoning amendment is in the best interest of
City of Meridian.
7. It is concluded that the City could rezone the property
(C-G) General Retail and Service Commercial, but once the property
was rezoned (C-G) General Retail and Service Commercial, the
Applicant could place many 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. Because the City should
have control over any uses that are to be placed on the land, it
is, therefore, concluded, as a condition of rezoning, that any use
or development of the property shall only be allowed under the
conditional use process.
8. It is concluded that the property should be rezoned (C-G)
General Retail and Service Commercial, but only capable of being
developed under the conditional use permit process.
9. As a condition of the rezoning of the property to (C-G)
General Retail and Service Commercial, the Applicant shall be
required to enter into a development agreement as authorized by 11-
2-416 L; that the development agreement shall address the comments
of the Assistant to the City Engineer, the Planning and Zoning
Administrator, the sewer and water requirements, and any other
items deemed necessary by the City Staff, including design review
of all development, and conditional use processing.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17.
ROGER MICHENER - REZONE
C,
•
10. It is further concluded that the Applicant must meet and
comply with the comments, recommendations and requirements of Bruce
Freckleton, Assistant to the City Engineer, and Shari Stiles,
Planning and Zoninq Administrator. Their comments, recommendations
and requirements include, but are not limited to, the following:
(a) The Applicant shall provide a minimum 20 feet wide
planting strip adjacent to the existing residential use
per City Ordinance Section 11-9-605;
(b) A revised plan detailing the 20 feet wide planting strip
shall be provided prior to action on this proposal by the
City Council;
(c) The Applicant shall provide detailed landacaping plans,
including species and sizes of all plants, prior to
submitting an application for a building permit;
(d) The Applicant shall provide fire access and hydrant
locations in accordance with the Uniform Fire Code and
Meridian Fire Department policies;
(e) A minimum of twenty five (25) three inch (3") caliper
trees shall be required for this development;
(f) The Applicant shall provide a screened trash enclosure
per City Ordinance. The Applicant shall coordinate
dumpster site locations with the City's solid waste
contractor. The Applicant shall locate dumpsters so as
not to impede fire access;
(g) If required by the Ada County Highway District, the
Applicant shall dedicate four (4) additional feet of
right-of-way on Fairview Avenue, 54' from centerline. If
so required by the Ada County Highway District, the
Applicant shall furnish a copy of recorded warranty deed
to the City Clerk's office for the dedication of
additional right-of-way prior to submitting an
application for a building permit;
(h) The Applicant shall provide a thirty five feet (35')
landscape setback beyond the required right-of-way;
(i) The Applicant shall provide a detailed landscaping plan
including berming details for approval prior to obtaining
building permits;
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(j) The Applicant shall install sidewalk(s) and curbing along
Fairview Avenue;
(k) The Applicant shall provide curbing and an underground
sprinkler system for all landscaped areas;
(1) The Applicant shall provide temporary fencing to contain
debris during construction;
(m) All driveway and parking areas shall be paved, with all
driveway accesses approved by the Ada County Highway
District. Paving, striping and signage of parking the
parking areas shall be in accordance with Meridian City
Ordinance and the Americans with Disabilities Act;
(n) Driveway widths and parking stall lengths shall meet the
requirements of City Ordinance Section 11-2-414;
(o) Graveled driveways, parking and accesses are
unacceptable;
(p) The Applicant shall provide a drainage plan for all off-
street parking areas, designed by a state of Idaho
licensed architect or engineer, and shall submitted it,
along with calculations, to the City Engineer;
(q) All site drainage shall be contained and disposed of on-
site;
(r) Each tenant of the building on the property shall obtain
a Certificate of Occupancy prior to opening for business;
(s) 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 and the Uniform Sign Code, and
shall be submitted to 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 shall be required for all
signage;
(t) All construction shall be in compliance with the
Americans with Disabilities Act and all required Uniform
Codes;
(u) 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. The Applicant shall enter into a re-assessment
agreement prior to issuance of a Certificate of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19.
ROGER MICHENER - REZONE
Occupancy. Assessment fees will be determined during the
plan review process;
(v) The Applicant shall provide parking lot lighting plans to
the Meridian Public Works Department. Illumination of
the site shall be designed so as not to cause glare or
adversely impact neighboring residential properties, as
determined by the City of Meridian;
(w) The Applicant shall connect the property to Meridian
water and sewer and resolve how the water and sewer mains
will serve the property. Service lines and mainlines to
the site shall be reviewed during the plan review
process;
(u) As the treatment capacity of the Meridian Wastewater
Treatment Plant is currently being evaluated, approval of
this application is specifically contingent upon the
City's ability to accept the additional sanitary sewage
generated by this project;
(v) Water service to this property is contingent upon
positive results from a hydraulic analysis by the City's
computer model;
(w) 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 for tiling existing
irrigation/drainage ditches 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;
(x) 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;
and
(y) The Applicant shall provide a revised site plan meeting
all staff and agency requirements prior to being
scheduled for a public hearing before the City Council.
11. It is further concluded that the Applicant must meet and
comply with the comments, recommendations and requirements of the
Meridian Police Department, the Meridian Fire Department, the
Meridian Sewer Department, the Central District Aealth Department,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20.
ROGER MICHENER - REZONE
the Nampa & Meridian Irrigation District, the Ada County Highway
District, and any other agency submitting comments.
12. The Applicant shall establish and maintain appropriate
buffering to residential properties.
13. These conditions shall run with the land and bind the
Applicant and his successors in interest, assigns, heirs, executors
or personal representatives.
14. Since Hoyt Michener testified that the Applicant can
prepare a front view with a color scheme, the Applicant must submit
a front view elevation with a color scheme of the proposed building
to the City five (5) days prior to the hearing before the City
Council.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
The Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these Findings of Fact and Conclusions
of Law.
ROLL CALL
COMMISSIONER BORUP
COMMISSIONER SMITH
COMMISSIONER MACCOY
COMMISSIONER MANNING
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED
VOTED
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21.
ROGER MICHENER - REZONE
~~~v~
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 the zoning amendment requested 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 is not
agreeable with entering into a development agreement and that the
property only be developed under the conditional use process, the
application for the zoning amendment should be denied.
MOTION:
APPROVED
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22.
ROGER MICHENER - REZONE
i
~EFORE THE MERIDIAN PLANNING AND ZONING COMMISSION i
WESTPARR COMPANY, INC. I
APPLICATION FOR ANNEXATION AND ZONING
SHERBROOKE HOLLOW SUBDIVISION i
I
SOUTH 1/2, SW 1/4, SECTION 20,
TOWNSHIP 3 NORTH, RANGE 1 EAST,
BOISE MERIDIAN, ADA COUNTY, IDAHO
EAST SIDE OF LOCUST GROVE AND NORTH OF VICTORY ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAH
The above entitled annexation and zoning application having
come on for public hearing on June 10, 1997, at the hour of 7:00
o'clock p.m., the Applicant appearing through its representative,
1
Van Elg of Briggs Engineering, 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 June 10, 1997, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the June 10, 1997, hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
WESTPARR COMPANY, INC.
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 48.70 acres in size.
3. The Applicant is not the record owner of the property;
however, the record owners have consented to this application of
the Applicant.
4. The property is presently zoned by Ada County as RT,
Rural Transitional, and is used for agricultural purposes. The
land has no structures upon it. The Applicant requests the
property be zoned (R-4), Low Density Residential District. The
Applicant has requested the annexatian and this zoning, and the
application is not at the request of the City of Meridian.
5. The Applicant intends to develop a single-family
residential subdivision known as Sherbrooke Hollow Subdivision.
More specifically, a residential development with a proposed
density of 2.87 dwellings per acre and consisting of 139 single
family residential lots, one lot designated for a daycare facility
and seven common lots.
6. The property is located on the east side of Locust Grove
Road and north of Victory Road. The property adjoins the city
limits of the City of Meridian along the northwest portion of the
property. The adjacent Salmon Rapids development is currently
zoned (R-4), Low Density Residential District, as is the Loa
Alamitos development north of the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
WESTPARK COMPANY, INC.
7. The Applicant's representative, Van Elg, testified
substantially as follows. The zoning request of the property is
consistent with the zoning of the land surrounding the property;
Los Alamitos and Salmon Rapids. The property is contiguous with
the Salmon Rapids development which is the route of the annexation
request. The requested zoning is in compliance with the
Comprehensive Plan, and is an excellent transition for annexation
of this type. The proposed density for the development is 2.87
dwelling units per acre which is consistent with the developments
in the area. It is also consistent with the Comprehensive Plan
with regard to future rezoning if the appropriate services become
available. In this case, sewer and water will be made available to
the property. The Comprehensive Plan identifies the property for
single family use which this proposed development is.
8. The Applicant's representative, Van Elg, further
testified substantially as follows. On May 8th, a neighborhood
meeting was held in accordance with Meridian's requirements. Becky
Bowcutt attended the meeting. Ms. Bowcutt advised that six people
from the nearby area attended the meeting. Ms. Bowcutt followed up
with a letter to Mrs. Coonse, which letter he believes addressed
fencing and the right to farm. There were concerns expressed about
farming and the status of farming in the area. The Applicant has
agreed to provide perimeter fencing which will be aix feet high and
constructed of noncombustible material. The Applicant has also
agreed to provide a statement on the face of the plat that
addresses the right to farm. Another issue which Ms. Bowcutt
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
WESTPARK COMPANY, INC.
addressed is the comments from City staff, which letter is dated
May 28th and addressed to Bruce Freckleton, Assistant to the City
Engineer, and Shari Stiles, the Planning and Zoning Administrator.
One of the comments addressed is the issue about a bridge across
the Ridenbaugh Canal. The Applicant has discussed with the Ada
County Highway District this issue. It has indicated that it does
not support the construction of the bridge for several reasons.
First, it wants the bridge further to the north. Second, the
topography of the property does not lend well to the construction
of the bridge. Third, the estimated cost of constructing the
bridge is $300,000.00 to $500,000.00. Finally, it does not want to
maintain a bridge in the location. Ada County Highway District
will be constructing another sort of bridge, or crossing, across
the Eight Mile Lateral which skirts the south and west boundaries
of the property. The property is also skirted by the Ridenbaugh
Canal and the Nine Mile Drain, which, consistent with the desires
of the Bureau of Reclamation, the Applicant intends to leave open.
Leaving the ditch open provides benefit in terms of draining water
from the property. The Applicant desires to relocate the Nine Mile
Drain within the open space area, which is one of the purposes of
open space along the eastern boundary of the proposed development.
This relocated drain will be parallel to the Ridenbaugh Canal.
With regard to the bridge and its necessity for life safety, Ms.
Bowcutt had a discussion with Kenny Bowers at the Meridian Fire
Department. He indicated it was not necessary and he was not
requiring it. Patrick Dobie addressed the issue of traffic through
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
WESTPARK COMPANY, INC.
a traffic study. The study indicated that the development would
generate approximately 1,300 trips per day after full development.
This information was submitted to the Ada County Highway District
for review. Ground water monitoring has also occurred in the area.
The Department of Water Resources has indicated that its drawings
and log reports in the area tend to support a 40 feet ground water
level. Equipment was installed to monitor ground water in the
general area and across the property. Little or no ground water
was detected which would be harmful to the development of the
project. This determination does not preclude, as residents in the
area may point out, that there may be some surface ground water
problems which need to be adequately addressed. The Applicant will
work closely with the City Engineer to adequately address the
surface ground water problems. Potential solutions to address the
surface ground water problems may include filling, raising sites
along the northwest corner of the property and perhaps the
southeast portion of the property. In her response to the City
staff's comments, Ms. Bowcutt requested that if a variance from the
piping requirement is necessary, such be provided as a condition of
approval for the project. The Applicant will comply with such
condition. The Applicant will also address with the Nampa 6
Meridian Irrigation District and the Department of Water Resources
the relocation of the Nine Mile Drain. In the City staff's
comments, there is a concern that the Applicant provide for sewer
connection for the property to the north. Ms. Bowcutt requests
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
WESTPARK COMPANY, INC.
that a late comer agreement for the sewer be established for this
project.
9. City Engineer, Gary Smith, commented that the issue of a
late comer agreement for the sewer is better addressed when the
project is presented to the City Council for consideration and
approval. The City Council may agree conceptually to the late
comer agreement; however, there must exist hard costs for the
establishment of such agreement.
10. Van Elg further testified substantially as follows. In
the City staff's comments, there was a question as to the location
of the irrigation facility as required by Meridian City ordinances.
The project will have pressurized irrigation, and the site plan/
preliminary plat identifies the location of the proposed pump
station. The location of the pump station will be negotiated with
the Nampa & Meridian Irrigation District. There was also a concern
expressed in the City staff's comments about a block length
requirement on South McKay Drive. Be believes the culdesac length
was 450 feet; however, such issue has been addressed and revised
appropriately. Also, there is another expressed concern about the
block lengths of Blocks 1, 2, 3 and 7, which exceed the 1,000 feet
block length limit.
11. Shari Stiles, the Planning and Zoning Administrator,
commented that the length of Block 1 has been addressed; however
Blocks 2, 3 and 7 have yet to be addressed.
12. Van Elg further testified substantially as follows. With
regard to Blocks 2, 3 and 7, according to Ms. Bowcutt, they exceed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
WESTPARK COMPANY, INC.
the 1,000 feet length limit; however, the unusual configuration of
the parcels limits the lot layout potential and creates longer
block lengths. The Eight Mile Lateral creates a long block since
it inhibits the potential for stub street connections. To provide
a stub street in such area or limit the block length, a bridge
would need to be constructed in that location and another stub
provided. Block 7 abuts the Ridenbaugh Canal and two micropath
connections have been provided in this block to a proposed
pedestrian bridge. Although the Ada County Highway District
opposed the construction of a bridge across the Ridenbaugh Canal,
it does request the Applicant deposit money into the trust account
for construction of a pedestrian bridge. At the time the eastern
portion of the site is developed or the side across the canal is
developed, another contribution for the remaining half of the
pedestrian bridge will be required. Two micropath connections have
been provided in Block 7 to a proposed pedestrian bridge which
crosses the Ridenbaugh Canal. The intent of the block limitations
is to minimize the walking distance between blocks. The Applicant
believes the micropaths provide this connection. The entrance from
Locust Grove has been relocated to align with Lake Creek Street in
the proposed Salmon Rapids No. 4 development. The location of this
entrance was a concern in prior applications. The property owner
to the north of the property expressed the concern and request that
he obtain a stub street. To Mr. Elg's belief, the Applicant has
complied with such concern and request, and aligned the entrance
with the entrance to the Salmon Rapids development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
WESTPARR COMPANY, INC.
13. In response to questions of the Planning and Zoning
Administrator, Shari Stiles, Mr. Elg testified substantially as
follows. When the new stub street was added, a new block number
was added to the preliminary plat, specifically, Block 8.
14. In response to a question of Commissioner Borup, the
Planning and Zoning Administrator, Shari Stiles, substantially
commented that many of the concerns, including block length issues,
and comments of City staff have been addressed by the Applicant in
its written response; however, it still needs to obtain a variance
on the block lengths because the lengths exceed the limitation. It
will also need to obtain a variance on the tiling of the ditches.
15. The Applicant's representative, Van Elg, stated that the
requirements of the variances be conditions of approval, and that
the Applicant submit applications for and obtain such variances.
16. In response to questions of Commissioner MacCoy, the
Applicant's representative testified substantially as follows.
With regard to the access from and to Victory Road from the
proposed development, a recommendation was made for a left-turn
lane on Victory Road into the project for stacking to minimize the
turning movements on Victory Road. He does not believe there is a
turn (entry lane into the project on Locust Grove Road. However,
the Ada County Highway District's requirements provide that Locust
Grove Road be constructed to a six-lane road, which would provide
turn lanes. The Applicant has to dedicate enough right-of-way for
a 90 feet right-of-way on Locust Grove Road. No time frame has
been given by the Ada County Highway District for such improvements
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page S.
WESTPARK COMPANY, INC.
•
to Locust Grove Road. However, pursuant to the letter from Ms.
Bowcutt to LouAnn Coonse, the Ada County Highway District plans to
rebuild Locust Grove from Overland to Victory in 1999. This
project would include reconstruction of the bridge over the Eight
Mile Lateral. This project is currently listed in the Ada County
Highway District's five-year construction plan; however, no funding
has been allocated to the project at this time. The proposed width
of the future right-of-way for Locust Grove Road is 90 feet, with
a 70 feet road section. Victory Road is not in the Ada County
Highway District's five-year plan, but will be improved in the
future to a 90 feet right-of-way and a 50 feet road section.
17. In response to questions of Commissioner Smith, the
Applicant's representative, Van Elg, testified substantially as
follows. With regard to the "green spaces" on the preliminary plat
map, the Applicant is attempting to create a buffer along the
Ridenbaugh Canal. The Applicant is aware that it must address the
Nine Mile Drain in the area, and that is the reason the "green
area" is designated in that location. The area is designed for
drainage purposes. Ms. Bowcutt has reviewed that issue with the
engineers in an attempt to accommodate drainage throughout the
site. The other green areas are for drainage purposes and/or
landscape areas to be maintained by the homeowner's association.
With regard to the capacities of the schools in the Meridian School
District, as representatives of applicants, we advise the
applicants that the impact on the school district is an issue. We,
as representatives of applicants, have numerous meetings with the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
WESTPARK COMPANY, INC.
School Board to discuss the concerns and problems, and attempt to
address those concerns and problems. For an applicant, the
dedication of 5 to 12 acres of property of each project for school
facilities does not make sense. The dedication of property to the
school district is dependent upon the school district wanting and
accepting such property. With regard to the development of the
property to the particular density, Mr. Elg does not know the
specifics for the chosen density; however, the R-4 zone allows a
minimum lot size of 8,000 square feet, and the vast majority of the
lots in the proposed development are considerably larger than 8,000
square feet. Many of the lots are 9,000 to 10,000 square feet in
size. Accordingly, the Applicant is not maximizing the density at
2.87 dwelling units per acre. The Applicant is providing a larger
lot and, perhaps, a better product.
18. In response to a further question of Commissioner MacCoy,
the Applicant's representative testified that there have been no
discussions with the Meridian Fire Department about locating afire
house in or about the property.
19. Rhonda Coonse testified substantially as follows. She
moved to Meridian one year ago in February from southeast Boise,
and she loves living in Meridian. She has animals on her property,
which she could not have on her property in Boise. In terms of
traffic and vehicles, 140 lots means to her 280 vehicles traveling
from and to the property from Victory Road and Locust Grove Road.
That number of vehicles on the two roads is too much for the
present status of the roads. She is concerned about the relocation
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
WESTPARK COMPANY, INC.
of the Nine Mile .Creek, because of the potential of her being
denied irrigation water. She has a pond on her property from which
the irrigation water is pumped and sprinkled upon her property.
Although she recognizes that the Applicant can the the
canal/ditch, her primary concern is the continued availability of
irrigation water to fill the pond on her property. Another concern
she has is the perimeter fencing to be constructed around the
property. The Applicant advised her that she had a choice as to
the fence, and she desires a 6 feet high privacy vinyl fence.
20. In response to questions of Commissioner Smith, Rhonda
Coonse testified substantially as follows. Her concern with regard
to the pond is the continued availability of irrigation water.
There has been some activity, by persons unknown to her, with
digging and structuring of the canals/ditches. There has been a
problem in the past with the irrigation water backing up into
fields in the area. So she believes said persons installed a
larger culvert.
21. Richard Wade Coonse testified substantially as follows.
With regard to Rhonda Coonse's testimony, along the back property
line of their property is a pole barn fence. The fence line
crosses diagonally, so half of the pond is on their property and
the other half is on the Applicant's property. The pond provides
water to irrigate six acres of pasture, and also two acres of their
property. The pond provides water to their property's sprinkler
system. Consequently, the continued availability of the water from
the pond is important to them. With regard to Locust Grove Road,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
WESTPARK COMPANY, INC.
• •
this road is too narrow for the demand placed upon it by the
traffic entering and exiting from the proposed project. Although
Victory is a little wider, there will still be a lot of traffic
congestion, unless something is done to improve Locust Grove Road
and Victory Road.
22. Ruth Fritts testified substantially as follows. She has
a concern about the traffic generated by this proposed project.
She was told by Ms. Bowcutt that there would be 10 trips per day
per household in the proposed subdivision. She is also concerned
about the restriction of one-story homes on two adjoining lots
along Victory Road and six adjoining lots along the southeast
corner of the property. The Applicant has agreed to specify single
story restrictions to preserve the adjoining neighbors' view
corridor. This agreement by the Applicant has not been addressed
in this hearing. With regard to building up the lot sites for
purposes of correcting drainage problems, she believes a build up
of the lots and a two-story structure would be one in the same. A
portion of the property (the culdesac area) is presently a swamp.
The Ridenbaugh Canal leaks into that area of the property, so she
does not have to irrigate in that area. She does not know how the
Applicant will be able to build in the area, or whether a drainage
pipe will correct the problem.
23. In response to questions of Commissioner Borup, Ruth
Fritts testified substantially as follows. The proposed project is
approximately 300 feet from her house. The Applicant has agreed to
erect a 6 feet high chain link perimeter fence; however, she would
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
WESTPARK COMPANY, INC.
like to know whether this chain link is the only fence to be
constructed. She has livestock on her property, and is concerned
about the livestock's manure falling into the yards of the
residents of the subdivision.
24. John Shipley testified substantially as follows. His
land has a frontage of 195 feet and runs adjacent to the property
back to the Nine Mile Lateral. Consequently, his property will be
adjacent to the houses in the subdivision. He has approximately
5.2 acres and raises cattle, primarily during the summer. The
property line is where a drainage ditch courses. His water from
the Eight Mile Lateral crosses his property and drains into a ditch
coursing on the frontage of his property. The ditch services Mr.
Babbit's property next to his property and Barkers' property. He
does not want the delivery or availability of his irrigation water
effected. The irrigation water delivery/drainage ditches need to
be tiled. He has noticed that the water level in January is 6 feet
high, at which time the canal was not full of water. Consequently,
houses in this area may well be flooded, and the purchasers need to
be aware of that risk. Over the last 24 to 25 years, the basement
of his house has been flooded during the summer months. The
fencing along his property line must be constructed of
noncombustible material, because he burns his ditches. He has no
objection to the proposed project because he desires to subdivide
the property in the future. He does have a concern with the access
onto Locust Grove Road due to the danger presented from the lack of
width and area.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13.
WESTPARK COMPANY, INC.
25. In response to a question of Commissioner Smith, John
Shipley testified substantially as follows. He was told over the
telephone that only one story houses would be constructed adjacent
to his property; however, he did not receive a letter to that
effect.
26. Clifford Babbitt testified substantially as follows. He
is happy to see the redesign of the entrance to the proposed
project on Locust Grove. He is pretty happy with the proposed
project; however, he is concerned from the standpoint of his cattle
pasturing on his property. He is also concerned about the
availability and delivery of irrigation water. The tiling of the
delivery ditch would help and would alleviate some of the problems
with the irrigation water.
27. Nancy Hanson submitted a letter setting forth her
comments and concerns pertaining to this application, which letter
is incorporated herein as if set forth in full. Further, Nancy
Hanson testified substantially as follows. She has a concern about
the R-4 zoning request. She would prefer the property be zoned R-
2, with 1 to 5 acreages. She believes such zoning and the size of
acreages would be more appropriate for the area by providing better
buffering for the surrounding agricultural areas. She has a
concern about the availability of water in the well she has; she
does not want the well going dry. She has concerns about the
traffic.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14.
WESTPARR COMPANY, INC.
28. In response to question of Commissioner Borup, Nancy
Hanson testified substantially as follows. She has four acres,
which borders Victory Road and parallels the canal.
29. The Applicant's representative further testified
substantially as follows. Other than the pond which according to
the Applicant's map is not on the property, there may exist
drainage issues and problems. According to Ms. Bowcutt, these
problems will be addressed through berming and piping. Also, the
relocation of the Nine Mile Lateral along the eastern border of the
property will help with. the recharge rate of the ground water to
the west of the Ridenbaugh Canal. With regard to the traffic, the
Applicant's studies were forwarded to the Ada County Highway
District, who concurred in the findings of those studies to his
knowledge. Under normal conditions, the developed project would
generate 1,300 plus trips per day from the property. There was the
concern expressed about 5,500 trips on Victory Road; however, the
present trips per day on Victory Road are 4,000. An increase in
trips per day cannot be discounted; there will be an increase due
to development of the property and the area. However, the 1,300
trips per day do not come in surges, but throughout the day, with
peak hours. With regard to the height of the houses, he is not
familiar with that requirement, but would have to refer to the
letter of Ms. Bowcutt. If letters to such affect exist, the
Applicant would have no objection to their inclusion in the record.
As far as the swampy condition of an area of the property, the
issue will be addressed. As far as concerns with cattle, the right
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15.
WESTPARK COMPANY, INC.
to farm statement will be included on the plat. The Applicant will
certainly attempt to address the concerns expressed by the
neighboring property owners, and accommodate their needs so as not
to impede their freedom and life style. With regard to the zoning
district and one to five acre lots, from a economic feasibility
standpoint, such is not practical. This proposed development
should not be a negative impact upon neighboring wells.
30. Commissioner Smith commented substantially as follows.
With reference to a quote from the Comprehensive Plan set forth in
Nancy Hanson's letter, he sees no innovative land use planning
techniques exhibited in the proposed project. He does not see
buffering zones, screening, transitional densities or any other
characteristics which would be achieved through a lower density
zoning and development. The City is in a transitional period. He
personally cannot comprehend placing a development of this density
in the middle of a rural area. This type of project would be more
appropriate in an area closer to the urban center of Meridian as
opposed to farther on the periphery. He believes this property
would be more appropriate to a lower density development.
31. In response, the Applicant's representative responded
substantially as follows. This area is within the City of
Meridian's area of impact and is right for development at the
density proposed. It is compatible with the zoning of surrounding
properties and developments. It is consistent with patterns of
development in the area, which have already been approved. The lot
sizes exceed the minimum lot standards for the R-4 zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16.
WESTPARK COMPANY, INC.
requested. Consequently, the density levels are not nearly as high
as the level we could get in the R-4 zone. There is accommodating
buffering in some locations, and the Applicant is providing
screening with fencing. The Applicant is complying with the City's
ordinances along Locust Grove Road for screening, landscaping and
buffers. There is a limited amount of frontage on any street;
however, the Applicant is providing the necessary buffering along
those areas. The Applicant maintains that the proposed project is
consistent and compatible with patterns of development for the
area. The fact that the Applicant is not developing the property
to the level of density it could in an R-4 zone is indicative of an
innovative concept. Not every development can economically afford
to provide the amount of park site or open space area as provided
in this proposed project. As compared to lots in Boise and
Meridian, the lots of the proposed project are good sized lots.
The Applicant believes the proposed project is consistent with the
standards and good planning.
32. The Assistant to the City Engineer, Bruce Freckleton, and
the Planning and Zoning Administrator, Shari Stiles, submitted
general comments and site specific comments. Their general
comments and site specific comments are incorporated herein as if
set forth in full. Their general comments included the following:
a. Any existing irrigation/drainage ditches crossing or
adjoining the subject property shall be tiled per City
Ordinance 11-9-605 M. The ditches to be piped are to be
shown on the Preliminary Plat. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17.
WESTPARK COMPANY, INC.
Department. No variances have been requested for tiling
of any ditches crossing this 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 is to determine the seasonal high
groundwater elevation, and submit a profile of the
subsurface soil conditions as nreoared by a soil
scientist with the street development plans;
d. The Applicant is to submit a master street drainage
plan, including method of disposal, with approval from
the affected irrigation/drainage district;
e. The Applicant is to submit a letter from the Ada
County Street Name Committee, approving the subdivision
and street names. The Applicant is to make any necessary
corrections to the preliminary plat map prior to
resubmittal to the City;
f. The Applicant is to coordinate fire hydrant
placement with Meridian's Water Works Superintendent;
g. The Applicant is to indicate any existing FEMA
floodplain boundaries on the preliminary plat map, and/or
any plans to reduce said boundaries;
h. Street signs are to be in place, water system shall
be approved and activated, perimeter fencing installed,
and road base to be approved by the Ada County Highway
District prior to acceptance of building permit
applications;
i. The Applicant is to provide five feet wide sidewalks
on both sides of proposed streets in accordance with City
Ordinance Section 11-9-606 B; and
j. The Applicant is to respond, in writing, to each of
the comments contained in this memorandum and submit to
the City Clerk's office prior to the scheduled hearing
date.
Their site specific comments included the following:
a. Sanitary sewer for this development shall be off an
extension of the existing sanitary sewer main in Los
Alamitos Park Subdivision. Easements across the property
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18.
WESTPARK COMPANY, INC.
adjacent to the north boundary shall be submitted for
review by the Public Works Department. Sewer mains
installed in easements across undeveloped land shall be
designed such that they will be within future right-of-
ways. The 12 inch trunk line shown on the preliminary
plat should be routed back west in S. Mackay Drive to S.
Potlatch Avenue, then extended to W. Victory Road. The
Applicant will be responsible to construct the sewer
mains to and through this proposed development;
b. 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 this proposed development. The subdivision
designer ie 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;
c. Water service for this development shall be off of
an extension of the existing main located in Locust Grove
Road. The Applicant is responsible for extension of
water service to and through this development. Water
service to this development is contingent upon positive
results from a hydraulic analysis by the City's computer
model. The subdivision designer is to coordinate routing
with the Meridian Public Works Department. Water lines
shall be located on the north and east sides of roadway
centerlines;
d. The Applicant is to indicate on the preliminary plat
map the pump station location for pressurized irrigation.
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. The Applicant shall
provide a statement as to the ownership of and operation/
maintenance of the pressurized irrigation system;
e. A detailed landscape plan for the common areas shall
be submitted for review and approval prior to submittal
of the final plat. A letter of credit or cash surety
will be required for the improvements prior to signature
on the final plat;
f. No easement is shown for the existing Nine Mile
Drain. The Applicant proposes relocating the Nine Mile
Drain, but no plan for how this will be accomplished is
shown. The Applicant is to submit plans and approvals
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19.
WESTPARK COMPANY, INC.
from the appropriate agencies for relocation of the
drainage;
g. The Applicant is to install non-combustible, six
feet high, permanent perimeter fencing prior to obtaining
building permits unless this requirement is specifically
waived in writing by the City. Fencing of the Eight Mile
Lateral and Ridenbaugh Canal is not to encroach on
existing easements;
h. The Applicant is to provide scaled dimensions of all
lots on the revised plat;
i. It appears that either the easement for the Eight
Mile Lateral is not shown correctly or the canal is not
located within the easement. The Applicant is to explain
this difference. Also, it would appear the east lot line
for the proposed lot on Locust Grove Road falls within
the Eight Mile Lateral. This lot does not appear to have
a block designation. This lot will need to be separate
from the common area lot of the Eight Mile Lateral;
j. The City has been experiencing problems with
groundwater in drainage areas. The Applicant is to
provide detailed plans for these drainage lots, along
with the determination of high groundwater as prepared by
a soil scientist, to assure that the ponds will not be
impacted by high groundwater;
k. The Applicant is to install 250 and 100 watt high-
pressure sodium streetlights at locations designated by
the Meridian Public Works Department after Idaho Power
Company completes their design for the service of this
development. All streetlights shall be installed at
subdivider's expense;
1. Blocks 1, 2, 3 and 7 exceed the maximum 1,000 feet
length allowed by ordinance. An additional stub street
shall be provided in Block 1 to the John Shipley
property. The proposed road to Locust Grove Road is only
50 feet from the driveway to the Shipley property and may
negatively impact his ability to access and leave his
property. As the property to the east of the Ridenbaugh
Canal is a portion of a larger holding of the Applicant,
which is intended for subsequent development, a bridge
should be provided over the Ridenbaugh Canal for life
safety vehicles and inter-neighborhood circulation.
Street names need to be provided for these new streets,
as well as the stub street to the Frank Stopello property
and the short street section between Dworshak Drive and
E. Limousine Drive;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20.
WESTPARK COMPANY, INC.
m. The cul-de-sac for S. Mackay Drive exceeds the 450
feet maximum allowed length;
n. All references to a daycare lot need to be removed
from the plat. The R-4 zone does not permit a daycare,
and daycares need to be approved under the conditional
use permit process. The Applicant will need to apply at
a later date for appropriate zoning and conditional use
permit;
o. The temporary turnaround shown on the south end of
S. Bull Trout Avenue may make the affected lots
unbuildable until the street goes through. An instrument
is to be recorded, either prior to or after plat
recordation, providing an easement for the temporary
turnaround. The document would have a provision that the
easement would automatically be rescinded once the
streets are able to go through;
p. All lots are to have a minimum frontage of 80 feet.
Frontage on corner lots is determined by the line length
plus one-half of the chamfer length. The Applicant is to
indicate front of house designation on lots that do not
meet the minimum on one side;
q. Information from the Assessor's office indicates
that not all of the parcels as they currently exist are
proposed as part of the development. Why are only
partial parcels being proposed for annexation and
development at this time?;
r. The notarized consents from the record property
owners are over two years old. The Applicant is to
provide new notarized consents indicating the property
owners have agreed to the current annexation and plat
applications;
s. The minimum centerline radius of curves for all
local streets is 100 feet per Ada County Highway District
Development Policy 7204.4.11. Four curves within this
proposed development do not conform. The Applicant is to
revise the plat to correct this;
t. The Applicant is to submit three copies of the
revised plat incorporating all required changes to the
City Clerk's office prior to the June 10, 1997 Planning
and Zoning Commission meeting. Staff will review the
revised plat and may have additional comments at that
time; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page Z1.
WESTPARR COMPANY, INC.
u. A development agreement is required as a condition
of annexation.
33. The Applicant's representative, Becky L. Bowcutt,
responded in writing to the general and site specific comments of
the Assistant to the City Engineer and the Planning and Zoning
Administrator through a letter dated May 28, 1997. This responsive
letter is incorporated herein as if set forth in full. Ms.
Bowcutt's responses to the general comments included the following:
a. The subject parcel abuts the Ridenbaugh Canal and
Eight Mile Lateral. The two irrigation facilities exceed
a 48 inch pipe size and, therefore, fall within the
category for exemption from tiling. If a variance is
required, please specify as a condition of approval when
the application should be submitted;
b. The Nine Mile Drain runs parallel with the
Ridenbaugh Canal. The Applicant would prefer to relocate
the drain. The Bureau of Reclamation had requested the
drain remain open on a project north of the subject
property. I contacted John Anderson of Nampa & Meridian
Irrigation District concerning relocation of the drain.
He indicated plans would need to be submitted and
reviewed to determine the method of location. I will
contact the Bureau and Nampa 5 Meridian Irrigation
District to obtain guidance on whether the facility
should be tiled or remain open;
c. A small drain exists through the mid-section of the
parcel exiting to the north boundary. The Applicant
intends to pipe the small ditch;
d. I have no knowledge of any existing wells or septic
systems on the property;
e. Jason Kelly, a professional engineer with expertise
in the area of soils and hydrology was retained by the
Applicant to install pziometers at the site and monitor
the groundwater. Five pziometers were installed in
different areas of the property. A summary of the
groundwater investigations was submitted with the
application;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22.
WESTPARK COMPANY, INC.
r~
L
f. A master drainage plan will be submitted to all
governing agencies for their review and approval after
preliminary plat approval;
g. The Ada County Street Name Committee reviewed the
preliminary plat and commented on April 17, 1997.
Additional street names were required and minor alignment
changes were requested. Two names were added to the plat
which were approved by the Street Name Committee on June
8, 1995 (Highland Ranch). The preliminary plat reflects
the Street Name Committee's changes;
h. The engineer will coordinate hydrant locations on
construction plans with Meridian Public Works after
preliminary plat approval;
i. The subject property lies outside the 100 year
floodplain as designated on the FEMA maps;
j. The Applicant understands that the following
improvements are required prior to the acceptance of a
building permit application:
1. Domestic water system (approved and
activated);
2. Pressurized irrigation system (approved and
activated);
3. Perimeter fencing (installed); and
4. Road base (approved by Ada County Highway
District).
k. All proposed new public streets will have five feet
(5') sidewalks on both sides. Victory Road and Locust
Grove Road frontage will have five feet (5') sidewalks as
required by Ada County Highway District.
Ms. Bowcutt's responses to the site specific comments included the
following:
a. The Applicant will provide easement documents to
Meridian Public Works Department after receiving
preliminary plat approval;
b. A site plan for future residential development of
the Stopello property was provide to Mr. Stopello for his
review. The legal description for the sewer easement,
prepared by Briggs Engineering, reflects the street
alignment in the Stoppello site plan;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23.
WESTPARK COMPANY, INC.
c. The preliminary plat has been revised to reflect the
extension of the 12 inch sewer trunk line to Victory
Road;
d. The Applicant understands that it will be
responsible for extension of the Nine Mile Sewer Trunk
line through the Stopello property and the subject
parcel. The Applicant proposes to enter into a "Late
Comer Agreement" with the City of Meridian for offsite
sewer;
e. The Applicant understands City of Meridian's
acceptance of sewage is dependent upon sewer capacity.
The project engineer will coordinate main sizing and
comply with the City's requirements;
f. The Applicant understands it must extend water from
Locust Grove through the subject property and along the
property's Locust Grove and Victory Road frontage. The
project engineer will coordinate water design with
Meridian Public Works Department;
g. The pressurized irrigation pump station is proposed
adjacent to the Ridenbaugh Canal on Nine Mile Drain. The
preliminary plat has been modified to reflect this
location. The final location of the pump station will
have to be approved by the Nampa & Meridian Irrigation
District;
h. The Applicant will coordinate with the City of
Meridian on a supplementary connection to the pressurized
irrigation system;
i. The pressurized irrigation system will be owned and
maintained by the Nampa & Meridian Irrigation District;
j. The Applicant will provide a detailed landscape plan
on the common area for the City's review prior to
submittal of the final plat. The Applicant understands
it will be required to install the landscaping or bond
prior to City signature on the final plat;
k. The existing Nine Mile Drain easement is
approximately 50 feet. The Applicant intends to relocate
the drain parallel with the Ridenbaugh Canal. This
relocation will require coordination and approval by the
Nampa & Meridian Irrigation District and the Bureau of
Reclamation. The Applicant intends to re-channel the
drain east of its current location;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24.
WESTPARK COMPANY, INC.
1. The Applicant will install 6 feet non-combustible
fencing along the perimeter of the subject property prior
to obtaining building permits. The irrigation easements
for the Ridenbaugh Canal and Eight Mile Lateral are
proposed as separate lots. No encroachment by fencing
within the easements is proposed;
m. The revised preliminary plat reflects dimensions on
all lots;
n. The easement for the Eight Mile Lateral is 80 feet
(40 feet from ditch centerline on both sides). The
easement along the south side of the Eight Mile Lateral
has been added to the preliminary plat. The lot west of
the Eight Mile Lateral has been added to the preliminary
plat. The lot west of the Eight Mile Lateral has been
separated from the lateral lot. A block designation was
shown on the preliminary plat, Block 3;
o. The Applicant will provide detailed plans for
drainage facilities and a high groundwater report by a
soils scientist for City review with the final
construction plane;
p. The Applicant will install street lights consistent
with the requirements of the City of Meridian;
q. Blocks 1, 2, 3 and 7 exceed the 1,000 feet block
length. The unusual configuration of the parcel limits
the lot layout potential and creates longer block
lengths. The Eight Mile Lateral creates a long block
because it inhibits the potential stub street
connections. Block 7 abuts the Ridenbaugh Canal, and two
micro-path connections have been provided in this block
to a proposed pedestrian bridge. The intent of block
limitations is to minimize the walking distance between
blocks. The Applicant believes the micro-connections in
this block provide the connection;
r. The Locust Grove entrance has been relocated south
to align with Lake Creek Street in the proposed Salmon
Rapid No. 4 Subdivision. This revision meets Ada County
Highway District's standards and solves any ingress/
egress conflict between the subject parcel and Shipley
property;
s. Ada County Highway District has determined a
vehicular access across the Ridenbaugh Canal is not
preferred due to topographical differences;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25.
WESTPARK COMPANY, INC.
i •
t. Ms. Bowcutt met with Ken Bowers of the Meridian Fire
Department, and he indicated that the two points of
ingress and egress to the parcel and three stub streets
will provide adequate access to the development for
emergency vehicles;
u. The Applicant believes a vehicular bridge is not
appropriate over the Ridenbaugh Canal and would not
provide enhanced emergency vehicle access that would
warrant the cost of $300,000.00 to $500,000.00. The
project has 140 lots which obviously could not absorb the
expense;
v. The cul-de-sac E. Mackay Drive has been revised to
meet the 450 feet maximum length;
w. The reference to the daycare lot has been removed;
x. A turn-around easement will be prepared and
recorded;
y. All lots meet the 80 feet frontage requirement with
th exception of corner lots and cul-de-sac lots. House
orientation has been delineated on the plat;
z. The Applicant indicates the subject property was
under separate ownership and legal one time divisions of
the properties transpired while under Ada County
jurisdiction;
aa. The new consent forms have been submitted;
bb. The centerline radius on the curves that do not meet
the definition of an "L" intersection have been revised
to meet a 100 foot centerline radius. The plat reflects
the revisions requested by Ada County Highway District;
and
cc. The Applicant understands a development agreement is
required as a condition of annexation.
34. The Meridian Police Department, the Meridian Fire
Department, the Meridian Sewer Department and the 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 26.
WESTPARK COMPANY, INC.
35. The Central District Health Department submitted
comments. Its comments are incorporated herein as if set forth in
full. 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 & Welfare, Division of
Environmental Quality. Street runoff is not to create a mosquito
breeding problem. Stormwater run-off should flow into a grassy
swale before discharging to the subsurface and shallow groundwater.
36. The Ada County Highway District has or may hereafter
submit comments. Its submitted comments, if any, are incorporated
herein as if set forth in full, and its comments hereafter
submitted shall be incorporated herein as if set forth in full when
submitted.
37. There were no other comments by the public regarding this
application.
38. The property is adjacent and abutting the present city
limits of the City of Meridian.
39. The property which is the subject of this application is
within the Area of Impact of the City of Meridian.
40. 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.
41. The property is in an area designated on the Generalized
Use Map of the Meridian Comprehensive Plan as a single family
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27.
WESTPARK COMPANY, INC.
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.
42. 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
PLAN CITY OF MERIDIAN at page 29.
43. 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.
44. 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.
45. The R-4, Low Density Residential District is described in
the Zoning and Development Ordinance, 11-2-408 B. 3 as follows:
(R-4) 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
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.
46. Pursuant to the Zoning and Development Ordinance, 11-2-
411 D 1., all new single-family detached housing in the (R-4) Low
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28.
WESTPARK COMPANY, INC.
i
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.
47. 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.
48. 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 ae 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.
49. The following pertinent statement is made in the Meridian
Comprehensive Plan under LAND USE, RURAL AREAS, section 6.4 c.:
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29.
WESTPARK COMPANY, INC.
C~
50. 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.
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.
51. 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.
52. With regard to this application, Planning and Zoning
Administrator, Shari Stiles, and Assistant to the City Engineer,
Bruce Freckleton, made the specific comment that the annexation of
the property should be conditioned upon a development agreement.
53. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 30.
WESTPARR COMPANY, INC.
quality of service, delivery to current residents or
imposing substantial additional costs upon current
residents to accommodate the proposed subdivision.
54. 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.
55. 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
in the City because of the imperilment to the health, welfare and
safety of its citizens.
56. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 31.
WESTPARK COMPANY, INC.
areas; the pedestrian easement shall be at least ten feet (10')
wide."
57. Section 11-9-605 G of the Zoning and Development
Ordinance provides in part:
Planting strips shall conform to the following:
1. Plantina 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; .
58. 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;
59. Section 11-9-605 K of the Zoning and Development
Ordinance provides:
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 only), or unimproved areas (left in a
natural state), linear open space corridors serve:
1. To preserve openness;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 32.
WESTPARK COMPANY, INC.
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;
5. To enhance local identification within the area due
to the internal linkages; and
6. To link residential neighborhoods, park areas and
recreation facilities.
Subdivision plats or development plans shall show the
location of any lineal open space corridors.
60. 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 Countv (as prepared by Ada county [sick Highway
District) when reviewing bicycle and pedestrian pathway
provisions within developments.
61. 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.
62. Proper notice was given as required by law and all
procedures before the Planning and Zoning Commission and City
Council were given and followed.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 33.
WESTPARR COMPANY, INC.
CONCLUSIONS OF LAN
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 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 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 34.
WESTPARK COMPANY, INC.
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 vs. 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
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 35.
WESTPARK COMPANY, INC.
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 plate;
g. Submission and approval of individual building,
drainage, lighting, parking, and other
developmental plans of the property;
h. Harmonizing and integrating the site improvements
with the surrounding residential development and
other development;
i. Addressing and complying with the present general
and site specific 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;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 36.
WESTPARK COMPANY, INC.
1. Addressing and complying with the comments and
requirements of other governmental agencies
submitting comments;
m. The sewer and water requirements;
n. Traffic plans 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 ie 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.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 37.
WESTPARR COMPANY, INC.
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.
22. 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 38.
WESTPARK COMPANY, INC.
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 JOH1
BORUP
SMITH
MACCOY
MANNING
950N (TIE BREAKER)
VOTED
VOTED
VOTED ~'~~~
VOTED ~(;
VOTED
DECISION AND RECOAQIENDATION
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/or is not agreeable with entering into
a development agreement, the property should not be annexed.
MOTION:
APPROVED: ~" l J f ~f DISAPPROVED:
/ "1~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 39.
WESTPARK COMPANY, INC.
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
CLASSIC KITCHEN, INC. - BRET JONES
CONDITIONAL USE PERMIT FOR EXPANSION OF PLANT FACILITIES
208 AND 218 EAST BOWER
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing on
June 18, 1997, at the hour of 6:00 o'clock p.m., the Applicant
appearing through, Bret Jones, 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:
FINDINOB OF FACT
1. A notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to said
public hearing scheduled on June 18, 1997, the first publication of
which was fifteen (15) days prior to said hearing; that the matter
was duly considered at the June 18, 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 properties are adjacent and located at 208 and 218
East Bower, Meridian, Ada County, Idaho, and are described in the
application which descriptions are incorporated herein. The
Applicant is the owner of record of the properties.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
CLASSIC KITCHEN, INC. - BRET JONES
3. Pursuant to the application, the proposed land use is to
add to the existing building located at 208 East Bower, Meridian,
and to construct a parking area on the property located at 218 East
Bower, Meridian. The purpose of the addition to said existing
building is to expand the Applicant's current business in the
Cabinet Door Division, as well as to upgrade and beautify the
properties.
4. Pursuant to the application, the Applicant agrees to pay
any additional sewer, water and trash fees or charges, if any,
associated with the proposed uses of the property.
5. Bret Jones testified and explained substantially as
follows. Classic Kitchen Doors Inc. is a manufacturing plant
located at the properties. It produces or manufactures raw wood
products, which are sold to home builders and cabinet makers
throughout the United States. The Applicant seeks the Conditional
Use Permit to allow it to expand its facility. More specifically,
it desires to construct a 5,200 square feet addition for office and
manufacturing use.
6. In response to questions of Commissioner MacCoy, Bret
Jones testified substantially as follows. The Applicant has
received a copy of City staffs' comments, and has no problems with
them. The Applicant has not responded in writing to said comments;
however, it intends to comply with everything which has been asked
of it. The Applicant intends to use [concreted block in the
construction of the proposed building expansion. The height of the
proposed building expansion is 20 to 22 feet. Revised plans have
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
CLASSIC KITCHEN, INC. - SRET JONES
• i
been prepared. The Applicant mat with the Building Inspector on
June 18, 1997 to review some fire code issues and other issues.
There are many issues to the construction of a commercial building
which will have a flat roof. The Applicant intends to revise its
elevation plan and provide the revised plans to the City. The
revised elevation plan will show eves and gable ends. The
Applicant is working out the fire issues with the City. The
Applicant intends to address the issues concerning the handicap,
and accommodating the handicap. The Applicant does not spray or
lacquer any products; the products produced are raw. The sawdust
produced in the manufacturing process, which is combustible, is
collected in a general dust collection system. This collection
system is to be moved as part of the project. The Applicant must
comply with the regulations of DEQ, which the Applicant is in the
process of doing. The Applicant must follow specific guidelines
promulgated by DEQ.
7. In response to questions of Commissioner Borup, Bret
Jones testified substantially as follows. The proposed parking
area is to be located on the adjacent property owned by the
Applicant. One of the existing buildings is a maintenance
building, in which the Applicant performs some light welding and
which has nothing to do with the manufacturing. With regard to the
grade level of the properties, the Applicant will grade the
property. The grading/ excavation plan must be submitted to the
Nampa & Meridian Irrigation District to review and approve the
drainage plan and system. The area in which the properties are
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
CLASSIC KITCHEN,. INC. - BRET JONES
located was not designed very well in the 1900'x. Consequently, it
is difficult to utilize the properties and get the most from the
investment. The use of one property as parking allows the
Applicant to meet the requirements and recommendations of the City.
The Applicant intends to improve the area.
8. In response to questions of Commissioner Borup, Bret
Jones testified substantially as follows. The Applicant has not
thought about whether the color of the concrete block will remain
natural or be painted; however, he will probably leave it natural.
There may be some accent colors through the middle, and the
Applicant may accent the split face block. The (garage) doors are
metal overhead doors.
9. The properties are currently zoned (OT) Old Town; that in
the ZONING SCBEDULE OF USE CONTROL, Section 11-2-409 C., Cabinets,
Doors, and Other Secondary Wood Products are listed as a
conditional use in the (OT) Old Town District and, therefore, in
the (OT) Old Town District a conditional use permit for the
expansion and operation of a secondary wood products manufacturing
plant is required.
10. The (OT) Old Town District is described in the Zoning
Ordinance, 11-2-408 B. 12. as follows:
lOTI 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
CLASSIC KITCBEN, INC. - BRET JONES
r
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.
11. Conditional Use Permit is defined in the Zoning Ordinance
as follows: "Permit allowing an exception to the uses authorized
by this Ordinance in a zoning district."
12. A letter dated June 10, 1997 was submitted to the City
from Mr. and Mrs. Richard Rausch pertaining to this application.
This letter is hereby incorporated herein as if set forth in full,
and provides, in part, as follows:
We are the owners of apartments near the Classic Ritchen
premises and have known Bret Jones and his wife, Trudy,
for several years. Mr. Jones has been one of the most
conscientious businessmen we have been in contact with.
Mr. Jones takes pride in his business, in his environment
and the impact it has on the community around him. We
have watched the Classic Kitchens (sic) grow bigger and
better each year.
We support Bret Jones and Classic Kitchens (sic) and
would ask that you find favor with him and grant his
permit.
13. Cecil Conser testified substantially as follows. He owns
property adjacent to the Applicant's properties. He supports the
Applicant's application and proposal. He believes the Applicant's
proposed project would be an improvement to the area.
14. 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 5.
CLASSIC KITCHEN, INC. - BRET JONES
a. The project site is located in Old Town, which
requires a conditional use permit for expansion of
existing and new uses not expressly permitted;
b. The Applicant is to comply with all Ada County
Highway District requirements. The curb constructed on
Bower Street should be vertical to prevent parking on the
sidewalk;
c. A minimum of one (1) three inch (3") caliper tree
per 1,500 square feet of asphalt as required per City
Ordinance Section 11-2-414 D. The Applicant is to
provide calculations of asphalt areas and locate
appropriate trees within a detailed landscape plan for
submittal with the building permit application;
d. The Applicant is to provide fire access and hydrant
locations in accordance with the Uniform Fire Code and
Meridian Fire Department policies;
e. The Applicant is to provide screened trash
enclosure(s) per City Ordinance Section 11-2-414 A 3.
The Applicant is to provide details and location on a
revised site plan. The Applicant is to coordinate
dumpster site locations with the City's solid waste
contractor, and locate dumpsters so as not to impede fire
access;
f. Parking may not be closer than four feet (4') to an
existing right-of-way. The plan submitted appears to
meet this requirement;
g. The Applicant is to provide curbing and underground
sprinkler system for all landscaped areas;
h. All driveway and parking areas shall be paved, with
all driveway accesses approved by the Ada County Highway
District. Paving, striping and signage of parking lot(s)
are to be in accordance with Meridian City ordinance and
the Americans with Disabilities Act. Driveway widths and
parking stall lengths shall meet the requirements of City
Ordinance Section 11-2-414; i.e. 25 feet wide driveway
aisles with 9' x 19' stalls. Graveled driveways, parking
and accesses are not permitted. The number of parking
spaces shown falls short of City ordinance requirements.
A drainage plan designed by a state of Idaho licensed
architect or engineer is required and shall be submitted
to the City Engineer with calculations (Ord. 557, 10-1-
91) for all off-street parking areas. All site drainage
shall be contained and disposed of on-site;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
CLASSIC KITCHEN, INC. - BRET JONES
i. The Applicant is to obtain a Certificate of
Occupancy prior to occupying the building;
j. 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, the Uniform
Sign Code, and 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;
k. All building construction shall be in compliance
with all required Uniform Codes;
1. 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. Assessment fees will be
determined during the plan review process. A re-
assessment agreement will be entered into with the
Applicant prior to issuance of a Certificate of
Occupancy;
m. The Applicant is to provide parking lot lighting
plans to the Meridian Public Works Department.
Illumination of the site shall be designed so as not to
cause glare or adversely impact neighboring residential
properties, as determined by the City of Meridian;
n. Any existing irrigation/drainage ditches that may
cross or lie adjacent to the properties shall be tiled
per City Ordinance 11-9-605 M. Plana 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;
o. 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;
p. The Applicant is obviously attempting to comply with
City ordinances and to enhance a somewhat rough area of
the City. Staff reports a waiver for the number of
required parking spaces provided future use does not
negatively impact traffic patterns; and
q. The conditional use, if approved, shall be subject
to review upon notice to the Applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
CLASSIC KITCHEN, INC. - BRET JONES
15. The Meridian Police Department submitted comments on the
subject application, which comments are hereby incorporated herein
as if set forth in full.
16. The Meridian Fire Department submitted comments on the
subject application, which comments are hereby incorporated herein
as if set forth in full; the building will need to be fire
sprinkled to meet fire codes.
17. The Meridian Sewer Department submitted comments on the
subject application, which comments are hereby incorporated herein
as if set forth in full; that a pretreatment system must be
approved, and that all chemicals must be stored away from drains.
18. The Central District Health Department submitted comments
on the subject application, 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 the proposal for central sewage and central water; that
runoff is not to create a mosquito breeding problem; that
stormwater management should include grassy swales before
discharging to the subsurface.
19. The Nampa & Meridian Irrigation District submitted
comments, and such comments are hereby incorporated herein as if
set forth in full. Its comments included the following:
a. The Nampa & Meridian Irrigation District requires
that a Land Use Change/Site Development application be
filed for review prior to final platting;
b. All laterals and waste ways must be protected;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
CLASSIC KITCHEN, INC. - BRET JONES
c. All municipal surface drainage must be retained on
site. If any surface drainage leaves the site, the
District must review drainage plans;
d. The developer must comply with Idaho Code Section
31-3805; and
e. It is recommended that irrigation water be made
available to all developments within the Nampa & Meridian
Irrigation District.
20. The Ada County Highway District submitted comments, and
such comments are hereby incorporated herein as if set forth in
full. Its comments included, but are not limited to, the
following:
a. The Applicant is to construct standard vertical
curb, gutter, five feet wide concrete sidewalk and match
paving on Bower Street abutting the parcel. Improvements
shall be constructed to one-half of a 41 feet street
section;
b. Utility street cuts in the new pavement are not
allowed unless approved in writing by the District;
c. The Applicant is to construct a 24 to 30 feet wide
curb cut driveway located as proposed 29 feet west of the
east site boundary (as shown on the submitted site plan);
d. 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 Bower Street; and
e. As required by District policy, restrictions on the
width, number and locations of driveways shall be placed
on future development of this parcel.
21. There were no other comments by the public regarding this
application.
CONCLUSIONS OF LAW
1. All the procedural requirements of the Local Planning Act
and of the Ordinances of the City of Meridian have been met
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
CLASSIC RITCHEN, INC. - BRET JONES
~ _
including the mailing of notice to owners of property within 300
feet of the external boundaries of the Applicant's properties.
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 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 properties pursuant to
Idaho Code Section 67-6512 and pursuant to that section conditions
minimizing the adverse impact on other development, controlling the
duration of development, assuring the development is maintained
properly, and on-site or off-site facilities may be attached to the
permit; that 11-2-418 (D) authorizes the City to prescribe a set
time period for which a conditional use may be in existence.
5. Section 11-2-418 D. states as follows:
In approving any Conditional Use, the Commission and
Council may prescribe appropriate conditions, bonds, and
safeguards in conformity with this Ordinance. Violations
of such conditions, bonds or safeguards, when made a part
of the terms under which the Conditional Use is granted,
shall be deemed a violation of the Ordinance and grounds
to revoke the Conditional Use. The Commission and
Council may prescribe a set time period for which a
Conditional Use may be in existence.
6. The City has judged this Application for a conditional
use upon the basis of guidelines contained in Section 11-2-418 of
the Revised and Compiled Ordinances of the City of Meridian and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
CLASSIC KITCHEN, INC. - BRET JONES
S f
upon the basis of the Local Planning Act of 1975, Title 67 Chapter
65, Idaho Code, the Comprehensive Plan of the City of Meridian, and
the record submitted to it and the things of which it may take
judicial notice.
7. 11-2-418(C) of the Revised and Compiled Ordinances of the
City of Meridian sets forth the standards under which the Planning
and Zoning Commission and the City Council shall review
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area and assuming that the above conditions or
similar ones thereto would be attached to the conditional use, the
Planning and Zoning Commission concludes as follows:
a. The use, would in fact, constitute a conditional use
and a conditional use permit would be required by
ordinance;
b. The use would be harmonious with and in accordance
with the Comprehensive Plan but the Zoning Ordinance
requires a conditional use permit to allow the use and
expansion of use;
c. The use and expansion of use is to be designed and
constructed so as to be harmonious in appearance with the
character of the general vicinity; that if the conditions
set forth herein are complied with the use and expansion
of 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;
e. The properties have 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
CLASSIC KITCHEN, INC. - BRET JONES
e ~
services and the use would not be detrimental to the
economic welfare of the community;
q. 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 use and expansion of use 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 grant 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 the grant of 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 properties or to another property;
b. The conditional use shall not be restricted to a period
of authorization but may be reviewed upon notice to the
Applicant, for violation of any conditions imposed herein
and other conditional use applications;
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) The Applicant is to comply with all Ada County
Highway District requirements. The curb
constructed on Bower Street shall be vertical to
prevent parking on the sidewalk;
(2) A minimum of one (1) three inch (3") caliper tree
per 1,500 square feet of asphalt shall be required
pursuant to City Ordinance Section 11-2-414 D. The
Applicant shall provide .calculations of asphalt
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
CLASSIC RITCHEN, INC. - BRET JONES
f ~
areas and locate appropriate trees within a
detailed landscape plan for submittal with any
building permit application;
(3) The Applicant shall provide fire access and hydrant
locations in accordance with the Uniform Fire Code
and Meridian Fire Department policies;
(4) The Applicant shall provide screened trash
enclosure(s). The Applicant shall coordinate
dumpster site locations with the City's solid waste
contractor, and locate dumpaters so as not to
impede fire access. The Applicant shall provide
details and location of screened trash enclosure(s)
on a revised site plan;
(5) Parking may not be closer than four feet (4') to
any existing right-of-way;
(6) The Applicant shall provide curbing and underground
sprinkler system for all landscaped areas;
(7) All driveway and parking areas shall be paved, with
all driveway accesses approved by the Ada County
Highway District. Driveway widths and parking
stall lengths shall meet the requirements of City
Ordinance Section 11-2-414. Graveled driveways,
parking and accesses shall not be permitted.
Paving, striping and signage of parking lot(s)
shall be in accordance with Meridian City
ordinances and the Americans with Disabilities Act;
(8) A drainage plan designed by a state of Idaho
licensed architect or engineer shall be required
and shall be submitted to the City Engineer with
calculations for all off-street parking areas;
(9) All site drainage shall be contained and disposed
of on-site;
(10) The Applicant shall obtain a Certificate of
Occupancy prior to occupying the building;
(11) 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, the
Uniform Sign Code, and shall receive design
approval of the Planning and Zoning Department;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13.
CLASSIC KITCHEN, INC. - BRET JONES
• s
(12) A-frame and other temporary signs shall not be
permitted and shall be removed upon three days
notice to the Applicant;
(13) Sign permits shall be required for all signage;
(14) All building construction shall be in compliance
with all required Uniform Codes;
(15) 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. Assessment fees
will be determined during the plan review process.
The Applicant shall enter into a re-assessment
agreement prior to the issuance of a Certificate of
Occupancy;
(16) The Applicant shall provide parking lot lighting
plans to the Meridian Public Works Department;
(17 ) Illumination of the site shall be designed so as
not to cause glare or adversely impact neighboring
residential properties, as determined by the City
of Meridian;
(18) Any existing irrigation/drainage ditches that may
cross or lie adjacent to the properties shall be
tiled. Plans for tiling of any existing
irrigation/drainage ditches 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; and
(19) Any existing domestic wells and/or septic systems
within this project shall be removed from their
domestic service. Wells may be used for non-
domestic purposes such as landscape irrigation.
d. The Applicant shall meet and comply with the comments.,
recommendations and requirements of the Meridian Fire
Department, including, but not limited to, the building
being fire sprinkled.
e. The Applicant shall meet and comply with the comments,
recommendations and requirements of the Meridian Sewer
Department, including, but not limited to, the approval
of a pretreatment system, and that all chemicals shall be
stored away from drains.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14.
CLASSIC KITCHEN, INC. - BRET JONES
f !
f. The Applicant shall meet and comply with the comments,
recommendations and requirements of the Meridian Police
Department, the Central District Health Department, the
Ada County Highway District, the Nampa 6 Meridian
Irrigation District, and all other governmental agencies
submitting or hereafter submitting comments.
g. 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, and 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.
APPROVAL OF FINDINGS OF FACT AND
of LAw
The Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these Findings of Fact and Conclusions
of Law.
ROLL CALL
COMMISSIONER BORUP
COMMISSIONER MANNING
COMMISSIONER MACCOY
COMMISSIONER SMITH
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED ~''"-
VOTED Cl ~_'U
VOTED
VOTED l~}L(~- ~ ~~
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15.
CLASSIC KITCHEN, INC. - BRET JONES
s s
DECISION AND
The Planning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that it approve the
Conditional Use Permit requested by the Applicant for the
properties 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 properties be required to meet the water and sewer
requirements, the Fire and Life Safety Codes, Uniform Fire Code,
parking, paving and landscape requirements, and all ordinances of
the City of Meridian. The conditional use should be subject to
review upon notice to the Applicant by the City.
MOTION:
APPROVED DISAPPROVED:
n1~1~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16.
CLASSIC KITCHEN, INC. - BRET JONES
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
APPLICATION FOR ANNEXATION AND ZONING
HAVEN COVE NO. 7 SUBDIVISION
A PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4,
SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST,
BOISE MERIDIAN, ADA COUNTY, IDAHO
NORTH OF PINE STREET WEST OF CINDER ROAD
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for public hearing on June 18, 1997, at the hour of 6:00
o'clock p.m., the Applicant appearing through its representative,
Charles Eddy, 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 June 18, 1997, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the June 18, 1997, hearing;
that the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
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 29.14 acres in size.
3. The Applicant is not the record owner of the property;
however, the record owners, John T. Eddy and Betty M. Eddy, have
consented to this application of the Applicant.
4. The property is presently zoned by Ada County as RT,
Rural Transitional, and is used for agricultural purposes. The
Applicant requests a portion of the property, approximately 25.34
acres, be zoned (R-4), Low Density Residential District, and the
remaining portion of the property, approximately 3.04 acres, be
zoned (R-15) Medium High 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.
5. The Applicant intends to develop a single-family
residential subdivision known as Haven Cove No. 7 Subdivision.
6. The property is located on the north side of Pine Street
and south of Linder Road. The property is currently bounded on
three sides by residential developments; Haven Cove No. 4 to the
north, Haven Cove No. 5 and No. 6 to the east, and Morning Glory
Subdivision along the south side of Pine Street. The property
adjoins the city limits of the City of Meridian.
7. The Applicant requests (R-15) Medium High Density
Residential District of approximately 3.04 acres due to the unusual
shape of the parcel caused by the Eight Mile Lateral.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
~~
8. The Applicant's representative, Charles Eddy, testified
and explained substantially as follows. The application is for the
annexation and zoning of approximately 28.38 acres located at 2630
and 2930 West Pine. For as long as he can recall, the property has
been used for agricultural purposes. The parcel to the north of
the property, Haven Cove Subdivision No. 4, is zoned R-4. The
parcels to the east, Haven Cove Subdivisions No. 5 and No. 6, are
zoned R-4. The parcels to the southwest are currently zoned RT and
are used for agricultural purposes. The Applicant is requesting
annexation of the property with a portion zoned R-4 and the
remaining portion zoned R-15. The R-15 zoning applies to
approximately 3.04 acres of the southwestern portion of the
property. The Eight Mile Lateral, which bisects the property in a
northwesterly direction, splits off the approximate 3.04 acres.
The Applicant proposes 808 of the development consist of single
family residential and the remaining 20$ consist of townhouses.
The portion of the property which would be single family
residential would contain public streets with 50 feet wide right-
of-ways and 37 feet back to back curb improvements. The
approximate 3.04 acres zoned R-15 would consist of townhouses with
a private street to be owned and maintained by the homeowners
association. The Applicant plans to meet all of the minimum
standards for house size and lot size. The Applicant has, however,
submitted an application for a variance on the following items.
There are two lots that do not meet the minimum of 80 feet of
frontage; namely Lot 40, Block 9 and Lot 8, Block 13. In
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
accordance with the Applicant's letter to the City Council, Lot 40,
Block 9 has 40.08 feet of frontage, which is at the right-of-way
line. The 80 feet of frontage occurs at 42 feet from the right-of-
way line. The total depth of Lot 40, Block 9 is 140 feet and the
lot area is 13,206 square feet. Lot 6, Block 13 has lot frontage
of 68.59 feet at the right-of-way line. Twenty seven feet from the
front lot line is the location of the 80 feet frontage. The depth
of Lot 8, Block 13 is 99 feet with a total lot area of 8,330 square
feet. The Applicant is also requesting a setback variance on an
existing house, which is located on Lot 4, Block 16. The builders
of the home in the 1930's did not have the foresight to know that
the road would be widened to 66 feet. Consequently, the increased
width of West Pine Street and the 20 feet of additional landscaping
width which is required by the City's ordinance causes the setback
to be reduced to 13.3 feet. This 13.3 feet of setback is less than
the 15 feet minimum. With reference to the general comments of
City staff, the general comments, Items 1 through 9, are accepted
as stated. With regard to item 3 of the site specific comments of
City staff, the preliminary engineering drawings incorrectly
provided nine feet of clearance between the top of the sewer pipe
and the bottom of the Eight Mile Lateral. This clearance should be
nine inches. With reference to item 6 of the site specific
comments, excepting the matters for which the Applicant seeks the
variances, lot lines for Lot 4, Block 16 and Lot 46, Block 11 will
be adjusted to meet the minimum frontage of 80 feet. City staff
commented that Lot 38, Block 16 did not meet the minimum frontage
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
40 feet on the chord which is required for a culdesac. If one
added the 32.46 feet and the 10.06 feet on the tangents, the sum is
42.52 feet which is in excess of the minimum requirement of 40
feet. The comment at item 7, concerning the rear setback, was
previously addressed and explained. With reference to item 8 of
the comments, the main reason for the block length being greater
than 1,000 feet is the existence of a house at 2930 West Pine. The
Applicant had to accommodate this house in order to place the
streets, and, consequently, the block length is greater than 1,000
feet. Staff commented that the bridge, presently used to access
the house, be used as a pedestrian access after the subdivision is
completed. The Applicant does not presently believe this is a
viable option. The existing ingress/egress easement that serves
this house only provides for access to that house and not for use
by the general public. Also, safety issues are present given the
current condition of the bridge. With reference to the two item
nines, the Applicant will proceed through a conditional use process
for the R-15 zoned property and the proposed townhouses. The Nampa
& Meridian Irrigation District requested the Applicant provide to
it an additional 3.5 feet of right-of-way on each side of the
current 53 feet right-of-way for the Eight Mile Lateral. Although
the Applicant appreciates the staff's recommendation that it not
grant the District such additional right-of-way, it has
incorporated such request into the design and have agreed orally to
expansion. The remainder of the staff's site specific comments are
accepted as stated with no problems. The Eight Mile Lateral is
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
very large. The Applicant anticipates that if it were tiled, the
necessary pipe would be 84 inches by 56 inches. In the past the
City's policy has been not to require tiling of ditches which would
require a pipe over 48 inches. Accordingly, the Applicant requests
that it not be required to the the Eight Mile Lateral, but to
fence it in conformance with the subdivision ordinance.
9. In response to questions of Commissioner MacCoy, the
Applicant's representative, Charles Eddy, testified substantially
as follows. The Applicant's request for the R-15 zoning on a
portion of the property is based upon several things. First the
parcel is oddly shaped and it is difficult to derive an
aesthetically pleasing design for single family residential on the
particular part of the property. Second, the Applicant felt that
because of the natural break of the Eight Mile Lateral, the lateral
would provide a natural buffer between the single family
residential portion of the property. Based upon discussions with
City staff, it was felt that this part of the property would be a
good location for a townhouse type of development. Although the
Applicant has a better idea of the type of building which would be
constructed, generally, the buildings would be two story. With
regard to fire access in the R-15 portion of the property, the
Applicant has had discussions with the Meridian Fire Department.
As depicted on the 11" x 17" plat map submitted at the hearing, an
island is provided which allows a turn around for the fire trucks.
The depth from the turn around to the southerly portion of the
private drive, in his layman opinion, is sufficient for fire
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
access. His experience has been that 150 feet maximum area is
generally accepted; however, if the area is not acceptable to the
Fire Department the Applicant would redesign the area to meet the
Department's standards.
10. Ben Jepson testified substantially as follows. He and
his wife own the property directly west of the proposed R-15 zoned
property. His first concern is the Rutan Lane, which is used for
access to the house on the property. There exists a stub street in
the area to provide access to future development. Rutan Lane is on
his property, and after the property is developed he does not want
people from the developed subdivision using the lane to access Pine
Street. After the property is developed, he prefers that the
easement right-of-way be released, and access on Rutan Lane blocked
to prevent access from the subdivision development. Another
concern is the depth of the sewer across the Eight Mile Lateral.
He desires the sewer line crossing the Eight Mile Lateral be buried
deep enough to allow the line to be used by his property when it is
developed in the future. Another concern is the open earthen ditch
along the south edge of the Eight Mile Lateral, which provides
irrigation water to his property and several other properties
adjacent to his property. He desires the ditch to be tiled
properly, and the pipe have sufficient capacity to allow the use of
additional water if such exists. His largest concern is the R-15
zoning of a portion of the property. He understands that the
Comprehensive Plan identifies the property as R-4 zoning. The
homes west of the property are single story/single family
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
residences. He is concerned that the R-15 zoning would allow tall
structures. He is further concerned about traffic, noise and
congestion arising from the R-15 zoning. He prefers the entire
property be zoned R-4 if possible, because such zoning would blend
in with the existing homes in this area.
11. Dave Fuller testified substantially as follows. He owns
property adjacent to Ben Jepson. His largest concern is the stub
street and the potential access from the development to the west.
He believes a lot should be taken out and a bridge constructed over
the Eight Mile Lateral. He would prefer single family residential
dwellings rather than townhouses. He believes the neighbors in the
area also prefer single family residences to townhouses. He
recognizes that his property will be developed in the future, but
he desires to maintain a mixed development in the area. The R-15
zoning will precipitate further R-15 development in the area. He
does not think the plan, in light of the future development of
property to the west, is good. The issue of traffic is also a
concern. The speed of the traffic on Ten Mile is in excess of the
speed limit. He also wants the sewer line to be buried deep enough
so it may be used in the development of his property in the future.
12. Don Bailey testified substantially as follows. He is
curious of the City's ability to provide water and sewer to the
properties being annexed into the City, including this property.
13. In response to the testimony of Mr. Bailey, the City
Engineer, Gary Smith, commented as follows. The City's water and
sewer system are continually in the process of expansion as a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
result of the growth the City has experienced. Each year, at least
two wells are drilled to supplement the water supply, and a new two
million gallon water storage tank is being designed to supplement
the City's storage. This storage tank will be built this year,
1997. The City is presently constructing a new primary clarifier
at the waste water treatment plant. The City is designing an
expansion of the aeration basin. When the aeration basin is
constructed, within the next year, the City will have a sewer
treatment plant with a capacity of four million gallons per day.
The present demand on the sewer treatment plant, based upon an
average daily basis, is 2.78 million gallons per day. The City is
presently catching up to the growth, and will be ahead of the
growth with the foregoing construction and improvements.
14. The Applicant's representative, Charles Eddy, further
testified substantially as follows. With regard to Ben Jepson's
comments, as part of Ada County Highway District's requirements for
the stub street that stops at the bridge, barricades will be
constructed to prevent public access from the developed subdivision
onto Rutan Lane. In conformance with the Nampa & Meridian
Irrigation District's and the City's policies, the Applicant will
the the ditch coursing through the 3.04 acres for which the R-15
zone is requested. The ditch will be tiled in accordance with
applicable standards. With regard to the comments of Dave Fuller,
the Applicant would be willing to examine any of Mr. Fuller's
working drawings to determine whether the installation of the sewer
in the property can be designed to tie into Mr. Fuller's property
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
in the future. However, he does not believe such is feasible due
to the lay of the land.
15. Glen Blaser, a member of the Applicant, testified
substantially as follows. The Applicant is doing its best to
address and resolve the issues concerning drainage and the other
requirements imposed on the proposed development. The portion of
the property, for which the Applicant seeks an R-15 zoning, is a
prime piece of land. The Applicant desires a little more latitude
in the development of that portion of the property. The Applicant
wants to develop that part of the property with a nice
aesthetically pleasing development. He anticipates the
construction of buildings which appear as large houses, but two
families live in each building, with lawns. He does not presently
have the specific details for what will be constructed on the
property; however, whatever the Applicant comes up with will be
brought back before the City for review and approval through the
conditional use process. He has experienced that the people who
live in a townhouse type of development are retired couples, who
desire low maintenance type of landscaping.
16. Commissioner MacCoy commented as follows. He believes
the R-4 zoning of the portion of the property, for which the
Applicant seeks R-15, would be nice. He does not like the close
proximity of houses as has been developed recently; he prefers
space amongst the houses. He is concerned with the zoning and
development of property to the west being R-15. However, he also
recognizes the economics of development.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
17. In response to the comments of Commissioner MacCoy, Glen
Blaser, a member of the Applicant, testified substantially as
follows. He appreciates the comments of Commissioner MacCoy and
will entertain such comments in the pursuit of developing the
property- The Applicant has had inquiries from individuals seeking
to purchase the property, and the Applicant would sell that portion
of the property if it in fact had a buyer. However, at this point
in time, the Applicant desires flexibility for the development of
that portion of the property.
18. Commissioner Smith commented as follows. He too does not
believe the R-15 zoning is appropriate for the portion of the
property which the Applicant seek R-15 zoning. The Applicant may
have to purchase adjacent property to make the area of property
larger and to achieve the flexibility it desires. With regard to
the Eight Mile Lateral acting as a buffer area, he does not believe
such is consistent with the intent of a buffer zone. Buffer zones
are transitional zones between higher density and lower density
developments. He would like to see grouped open space that
scattered open space in the proposed development. The smaller
areas are less conducive to use than are larger areas. He would
like the Applicant to consider other alternatives, rather than
proceeding with the R-15 zoning.
19. In response to the comments of Commissioner Smith, Glen
Blaser, a member of the Applicant, testified substantially as
follows. The Applicant's intentions are to acquire flexibility in
the development of this small portion of the property, not
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
necessarily to construct cheap buildings. The Applicant's
objective is to construct aesthetically pleasing structures and
make this portion of the property nice in appearance. The
Applicant is pursuing different ideas to achieve this objective.
20. In response to questions of Commissioner Borup, Glen
Blaser testified substantially as follows. He visualizes
constructing residences which appear as one large house from the
outside, but in which several families live. He visualizes nice
housing in which retired couples, older couples, young married
couples would live. He does not visualize a line of garage doors.
The garages would be located underneath or to the side of the
buildings. However, he is relying upon architects to create
aesthetically appealing buildings.
21. Dave Fuller further testified substantially as follows.
His concerns focus upon traffic, condominium development, a bridge
crossing, the location and depth of the sewer line, the irrigation
ditch, and prohibiting the use of Rutan Lane. However, his primary
concern is tying the development of the property into the
development of the adjacent property to the west. He desires Lot
35 should be eliminated to allow a connection to the property to
the west for future development purposes.
22. In response to the further testimony of Dave Fuller, the
Applicant's representative, Charles Eddy, testified substantially
as follows. Mr. Fuller is correct that Lot 35 is not a buildable
lot; however, as provided on the preliminary plat for the
development, Lot 35, Block 9 is designated as a storm drainage and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
recreation lot. The proposed plan conforms with the
recommendations and requirements of the Ada County Highway
District. If the Ada County Highway District requests something
different, the Applicant would certainly examine such request.
23. In response to questions of Commissioner Borup, the
Applicant's representative testified substantially as follows. The
prior stub street recommendations were to accommodate sewering the
property; however, the property is to be sewered through other
methods. The property is sewered by moving to the north, rather
than the west. With regard to development of property to the west,
the depth of the sewer lines running east and west are at the
minimum depth for sewer lines. The sewering of the property must
meet with Haven Cove's depth. Consequently, the sewer lines are at
the minimum depth. With regard to the proposed density of the
property for which the Applicant seeks an R-15 zoning, there are 15
building lots and 3.04 acres; thus, five dwellings per acre.
24. The Assistant to the City Engineer, Bruce Freckleton, and
the Planning and Zoning Administrator, Shari Stiles, submitted
general comments and site specific comments. Their general
comments and site specific comments are incorporated herein as if
set forth in full. Their general 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. The Applicant has submitted a variance
application for tiling of the Eight Mile Lateral;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
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 determine the seasonal high
groundwater elevation, and submit a profile of the
subsurface soil conditions as prepared by a soil
scientist with street development plans;
d. The Applicant is to provide five feet wide sidewalks
in accordance with City Ordinance Section 11-9-606 B;
e. Water service to this development is contingent upon
positive results from a hydraulic analysis by the City's
computer model;
f. The Applicant is to submit a letter from the Ada
County Street Name Committee, approving the subdivision
and street names, and make any corrections necessary to
conform;
g. The Applicant is to coordinate fire hydrant
placement with the City of Meridian's Water Works
Superintendent;
h. The Applicant is to indicate any existing FEMA Flood
Plain Boundaries on the Preliminary Plat Map, and/or any
plans to reduce said boundaries; and
i. The Applicant is to respond, in writing, to each of
the comments contained in this memorandum, prior to the
scheduled June 18, 1997 hearing by the Meridian Planning
and Zoning. The Applicant is to submit ten copies of the
revised Preliminary Plat Map to the City Clerk's Office
a minimum of one week prior to the hearing by the
Meridian City Council.
Their site specific comments included the following:
a. The legal descriptions submitted with the
application for annexation/zoning/preliminary plat need
to be revised to include one half of the Eight Mile
Lateral right-of-way. By following this convention, the
properties will abut each other and the parcel annexed
March 15, 1994 by Vickie Welker as Ordinance 633, which
is located on the opposite side of Eight Mile Lateral
near the westerly boundary;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
b. Sanitary sewer service to this site will be via
existing mains installed in prior phases of this
development, and by a new main to be installed along the
Eight Mile Lateral, to the existing main in Ten Mile
Road. The Applicant will be responsible to obtain
easements, and to construct the sewer mains to and
through this proposed development, which includes the
installation of a dry line sewer in Pine Avenue. The
subdivision designer is to coordinate main sizing and
routing with the Public Worka Department. Sewer manholes
are to be provided to keep the sewer lines on the south
and west sides of the centerline;
c. The sewer plan/profiles submitted with this
application show a sewer main is proposed to cross under
the Eight Mile Lateral near the northernmost corner of
the R-15 site. The profiles state that there is nine
feet of clearance from the top of the sewer pipe to the
flow line of the lateral. The clearance more than likely
should have been stated as nine inches. Special
consideration needs to be given to the design and
construction of this crossing;
d. Water service to this site will be via existing
mains installed in prior phases of this development.
Applicant will be responsible to construct the water
mains to and through this proposed development. The
subdivision designer is to coordinate main sizing and
routing with the Public Works Department;
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;
f. Lot 40, Block 9; Lot 8, Block 13; Lot 4, Block 16;
and Lot 46, Block 11 do not appear to meet the minimum 80
feet frontage required in an R-4 Zone, and Lot 38, Block
16 does not appear to meet the minimum 40 feet frontage
requirement for a cul-de-sac lot in an R-4 Zone. The
Applicant has applied for a variance on Lot 40, Block 9,
and Lot 8, Block 13, only;
g. The Applicant has also requested a variance from the
15 feet rear yard setback requirement for the existing
house sitting on Lot 4, Block 16;
h. Block 16 exceeds 1,000 feet in length. There is an
existing bridge at the end of the proposed N. Carla
Place, but it does not meet Ada County Highway District
standards. The access easement which includes this
bridge goes through the adjacent property to Pine Street,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
but it is unknown if the easement applies once a
subdivision has been built. The Applicant has submitted
a variance request for the block length. At minimum, a
pedestrian walkway should be constructed through Lot 35,
Block 9, with half of the cost of a pedestrian bridge
over the Eight Mile Lateral paid for by the developer of
this subdivision. Bopefully, the existing bridge across
the Eight Mile Lateral could also be retained as a
pedestrian walkway;
i. The Applicant is proposing an R-15 zone adjacent to
an existing rural residential property to the west which
is still in the County. The resident of the property is
understandably concerned about the higher density and
two-story buildings that are proposed next to the home.
While higher densities along major transportation
corridors should be considered by the City, consideration
must also be given to the existing residents. Buffering
for this use will be hard to attain. If R-15 is approved
at the location proposed, development should only be
approved under the conditional use permit process;
j. Several lots unnecessarily have the arrow symbol
depicting the front lot line, unless the developer wants
to restrict to orientation of the houses on these lots
(Lot 38, Block 9, Lota 25, 26, 32 and 34, Block 16, Lots
30, 31 and 42, Block 11, Lot 10, Block 13). The City of
Meridian requires lots to carry the arrow symbol
depicting the orientation of the front of house only on
lots that have a side(s) that does not meet the minimum
frontage required by the particular zone, or when there
is concern with aesthetics, such is the case with Lot 20,
Block 16;
k. The Applicant is to correct the description of the
survey monument located at the intersection of Pine
Avenue and Ten Mile Road to read "1/4 Corner" instead of
1/16 Corner;
1. 250 and 100 watt high pressure sodium street lights
will be required at locations designated by the Public
Works Department. All streetlights shall be installed at
the Applicant's expense. Typical locations are at street
intersections and/or fire hydrants;
m. The Applicant to please add or revise the following
notes:
(4.) Revise second part because the five feet
wide easement is only applicable if the
boundary line is a side lot line.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
•
C~
(6. ) This note is only applicable to an R-4
zone. Add minimum square footage for the
R-15 zone or the schedule of square
footage distribution as allowed in that
zone, or as approved by the City Council
as a condition of annexation and zoning.
(14.) Add Lot 3, Block 26 to the list of lots
owned and maintained by the homeowners
association.
n. Street signs are to be in place, water system shall
be approved and activated, fencing installed, pressurized
irrigation system approved and activated, and road base
approved by the Ada County Highway District prior to any
building permits being used;
o. The Applicant is to install six feet high,
permanent, non-combustible fencing along both sides of
the Eight Mile Lateral and permit no structural
encroachment of the common lot. The 53 feet wide area
should be designated as a separate lot on the plat. Also
provide permanent, six feet high perimeter fencing
adjacent to adjacent properties that are not part of a
recorded subdivision. Fencing is to be in place prior to
applying for building permits. Bonding for the
improvements will be required prior to signature on the
final plat.
p. A minimum 20 feet wide common area planting strips
are required adjacent to Pine Street. A detailed
landscape plan for the common areas shall be submitted
for review and approval prior to submittal of the final
plat map. A letter of credit or cash surety will be
required for the improvements prior to signature on the
final plat.
q. A development agreement is required as a condition
of the annexation of this property.
r. The Applicant is to consider the design modification
shown on the map included in their comments. It would
help to reduce the sea of asphalt look, and also direct
the traffic around the corner a little better.
The map included in their comments is hereby incorporated as if
presented in full.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
25. The Meridian Police Department submitted comments, which
comments are incorporated herein as if set forth in full.
26. The Meridian Fire Department submitted comments, which
comments are incorporated herein as if set forth in full; that the
entire area set aside for the City of Meridian and area the
homeowners association will maintain will need to be kept clear of
trash and weeds, that all street name signs will need to be
installed before building is started, and that it is not sure what
kind of turn arounds the Applicant is putting in the area of the R-
15 zoning.
27. The Nampa & Meridian Irrigation District submitted
comments, which comments are incorporated herein as if set forth in
full and included the following:
a. The Nampa & Meridian Irrigation District's Eight
Mile Lateral courses through the west portion of the
project. The right-of-way of the Eight Mile Lateral is
60 feet; 30 feet from the center each way;
b. The Applicant must contact the District for approval
before any encroachment or change of right-of-way occurs;
c. The Nampa & Meridian Irrigation District requires a
Land Use Change/Site Development application be filed for
review prior to final platting;
d. All laterals and waste ways must be protected;
e. All municipal surface drainage must be retained on
site. If any surface drainage leaves the site, the
District must review drainage plans;
f. The Applicant must comply with Idaho Code Section
31-3805; and
g. It is recommended that irrigation water be made
available to all developments within the Nampa 6 Meridian
Irrigation District.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
28. The United States Department of the Interior, Bureau of
Reclamation, submitted comments on this application, which comments
are incorporated herein as if set forth in full. Its comments
provided in part:
The United States' Eight Mile Lateral Canal abuts the
northwestern portion of this proposed development and
bisects its southern portion.
1. The canal right-of-way is owned in fee by the United
States. It is not an easement as indicated on the
preliminary plat. The plat should be relabeled prior to
final approval.
2. We are working with the developer to bring about the
land ownership depicted on the plat. At this time,
however, ownerships are as depicted on the enclosed
drawing.
The drawing accompanying its comments is hereby incorporated herein
as if presented in full.
29. The Central District Health Department submitted
comments. Its comments are incorporated herein as if set forth in
full. 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 fox central sewage and central water must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality. Street runoff is not to create a mosquito
breeding problem. Stormwater run-off should flow into a grassy
Swale before discharging to seepage beds.
30. The Ada County Highway District has or may hereafter
submit comments. Its submitted comments, if any, are incorporated
herein as if set forth in full, and its comments hereafter
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
•
a
submitted shall be incorporated herein as if set forth in full when
submitted.
31. Joint School District No. 2 submitted comments on this
application, which comments are incorporated herein as if set forth
in full. Its comments provided in part:
I [Jim Carberry] have reviewed the plat for Have Cove No.
7 Subdivision and find that it includes approximately 110
homes assuming a median value of $100,000.00. We also
find this development is located in census tract 103.10
and in the attendance zone for Chaparral Elementary
School, Meridian Middle School and Meridian High School.
Using the above information we can predict that these
homes, when completed, will house 30 elementary aged
children, 26 middle school aged children, and 31 senior
high aged students. This development will cause
additional overcrowding in all three schools. The cost
per student for newly constructed schools, excluding site
purchase price and offsite improvements, exceeds $5,000
per elementary student and $10,000 per middle or high
school student.
Even though, we are in a difficult position and need your
help in dealing with the impact of growth on schools, we
will approve this subdivision.
32. There were no other comments by the public regarding this
application.
33. 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.
34. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
~~
Urban Service Planning Area may be developed at greater densities
than one dwelling unit per acre.
35. 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.
36. 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.
37. 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.
38. The R-4, Low Density Residential District is described in
the Zoning and Development Ordinance, 11-2-408 B. 3 as follows:
jR-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
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.
39. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 21.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
•
i
least 1,400 square feet of living space of which the garage is not
included in determining the square footage of living .space.
40. The R-15, Medium High Density Residential District is
described in the Zoning and Development Ordinance, 11-2-408 B. 5 as
follows:
(R-151 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) dwellings units per acre. All
such districts 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 predominant housing types in this district
will be patio homes, zero lot line single-family
dwellings, townhouses, apartment buildings and
condominiums.
46. In the Meridian Comprehensive Plan under TRANSPORTATION,
Functional Classification Definitions, Collectors, provides that
Pine, Ten Mile to Locust Grove is a collector within the Meridian
Urban Service Planning Area. See COMPREHENSIVE PLAN CITY OF
MERIDIAN at page 44.
47. Section 11-2-411 D of the Zoning and Development
Ordinance provides in relevant part:
2. All new single-family detached housing in Zones R-8
and R-15 shall be constructed to contain at least
one thousand three hundred one (1,301) square feet
of living space (garage not to be included in
determining living space) unless there is dispersed
among the new residential development houses of
varying sizes. The following schedule shall set
the percentages and accompanying sizes that shall
exist in all new residential developments in the
above two (2) zone districts of R-8 and R-15,
except for those containing houses, all of which
will contain one thousand three hundred one (1,301)
square feet or more. The below schedule is a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
minimum schedule and houses of larger sizes may
occupy a larger percentage than set forth below:
a. No single-family detached houses may be
constructed in an R-8 or R-15 residential
development which are less than one thousand
(1,000) square feet;
b. .Ten percent (108) of the single-family
detached houses in an R-8 or R-15 development
may be between one thousand one (1,001) square
feet and one thousand one hundred (1,100)
square feet;
c. Fifteen percent (15~) of the single-family
detached houses in an R-B or R-15 development
may be between one thousand one hundred one
(1,101) square feet and one thousand two
hundred (1,200) square feet;
d. Twenty five percent (258) of the single family
detached houses in an R-8 or R-15 development may
be between one thousand two hundred one (1,201)
square feet and one thousand three hundred (1,300)
square feet;
e. Fifty percent (508) of the single-family
detached houses in an R-8 or R-15 development
may be larger than one thousand three hundred
one (1,301) square feet.
3. All single-family detached houses in the R-8 or R-
15 districts below one thousand three hundred one
(1,301) square feet shall be interspersed uniformly
through the entire development.
4. All single-family detached dwelling houses in all
residential districts which have multi-stories
shall have a minimum of eight hundred (800) square
feet of living space on the ground floor.
48. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
range of affordable housing opportunities." COMPREHENSIVE PLAN
CITY OF MERIDIAN at page 23.
49. 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.
50. The following pertinent statement is made in the Meridian
Comprehensive Plan under LAND USE, RURAL AREAS, section 6.4 c.:
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.
IVE PLAN CITY OF MERIDIAN at page 30.
51. 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.
1.3 An open housing market for all persons, regardless
of race, sex, age, religion or ethnic background, shall
be encouraged.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
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.
52. 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.
53. With regard to this application, Planning and Zoning
Administrator, Shari Stiles, and Assistant to the City Engineer,
Bruce Freckleton, made the specific comments that if the R-15
zoning request is approved at the location proposed, development of
that part of the property should only be approved under the
conditional use permit process, and the annexation of the property
should be conditioned upon a development agreement.
54. 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.
55. 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
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.
56. 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
in the City because of the imperilment to the health, welfare and
safety of its citizens.
57. 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."
58. Section 11-9-605 G of the Zoning and Development
Ordinance provides in part:
Planting strips shall conform to the following:
1. Plantinc Strips - Planting strips shall be required
to be placed next to incompatible features such as
highways, railroads, commercial or industrial uses
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
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; .
59. 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;
60. Section 11-9-605 K of the Zoning and Development
Ordinance provides:
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 only), 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;
5. To enhance local identification within the area due
to the internal linkages; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
6. To link residential neighborhoods, park areas and
recreation facilities.
Subdivision plats or development plans shall show the
location of any lineal open space corridors.
61. 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 Countv (as prepared by Ada county [sic] Highway
District) when reviewing bicycle and pedestrian pathway
provisions within developments.
62. 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.
63. 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 Applicant's property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
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 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.
B. 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 vs. The City of Zdaho 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
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
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. It is concluded that the development of the entire
property as a (R-4) Low Density Residential District would be more
compatible to the development in the surrounding area, in contrast
to the development of a portion of the property as a (R-4) Low
Density Residential District and the other portion of the property
as a (R-15) Medium High Density Residential District, as requested
by the Applicant. It is therefore concluded that the annexing and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 30.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
zoning of the property is in the best interest of the City of
Meridian and that the entire property should be annexed and zoned
(R-4) Low Density Residential District.
13. As a condition of annexation and the zoning of the
property as (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 applicable to the
entire property 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;
h. Harmonizing and integrating the site improvements
with the surrounding residential development and
other development;
i. Addressing and complying with the present general
and site specific comments of and the comments
hereafter made by the Planning and Zoning
Administrator;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 31.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
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 plans 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.
14. 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.
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.
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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 32.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
17. All ditches, canals, and waterways shall be tiled as a
condition of annexation, unless a variance shall be granted, 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.
22. 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 33.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.
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
COMMISSIONER MANNING
COMMISSIONER MACCOY
COMMISSIONER SMITH
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED °Y~_
VOTED ~~~~~I~~E ~~
VOTED ~~ ~~„//
~~>
VOTED
VOTED
,~~ rs 1
DECISION AND RECOlDSENDATION
The Planning and Zoninq 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
applicable to the entire property; that if the Applicant is not
agreeable with these Findings of Fact and Conclusions of Law,
and/or is not agreeable with entering into a development agreement
applicable to the entire property the property should not be
annexed.
MOTION:
7-Y 'q7
APPROVE DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 34.
MERIDIAN LAND DEVELOPMENT CO. L.L.C.