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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: c,~~ r-.>~-e ~j~ ~ e / e e~~re ~:e ~.e cv~-• ~-- d.,~a~ a-•,., 1v Gee-. 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: pv~ep'i~ovt ~'/~' ~G` lG. ct~ j,~prv /t re ems,.---....e--ef'd-ham ~ e'/~ 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR EXPANSION OF FACILITIES BY CLASSIC KITCHEN INC. - BRET JONES: , ~~~or~c~e ~~~~c%~ a~,prr~.e Ye~o~~,.-~c.~~..- ~4, cj~.~ 9. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING TO R-4 AND R-15 BY MERIDIAN LAND DEVELOPMENT CO.: 2~~rn v~ f e ee~~,~..e-~.~ee~H,~ fa c~~ 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,,:{ /t' / LG~YC'LN~i~ ~/ ~~fl~LC. g~ I ~' /C 13. PUBLIC FARING: / REQUEST FOR A REZONE FROM R-4 TO L-0 BY CHERRY LANE BAPTIST CHURCH - 215 W. CHERRY LANE: L?i~ ut~{m,nc~ ~/3Lepu.~,c ~~p ~ ~~/c 14. PUBLIC H ARING: R QUEST FOR AN ACCESSORY USE PERMIT FOR A FAMILY HOME DAY CARE BY B. GAIL CARRITHERS - 1060 TAMMY PLACE: CrkJ ~f't~-r....~~ fv ~+,..~.p¢~ ~l~ stilt: CITY OF MERIDIA PUB~C MEETING SIGN-U~HEET rz CITY OF MERID PUBL~ MEETING SIGNLHEET NAME _ PHONE N M$ER :5~1<3 `~"/ 7/ ~~g- i 3~ ~ g~~~ l ~~ ~~1~' ~~8- ~~~~ 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. ROGER MICHENER - REZONE 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. ROGER MICHENER - REZONE 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. ROGER MICHENER - REZONE 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. ROGER MICHENER - REZONE (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.