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1997 06-10MER~AN PLANNING & ZONING COM~ION AGENDA TUESDAY, JUNE 10, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD MAY 13, 1997: (APPROVED) FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A CAR WASH WITH FUEL FACILITIES BY STEVE LYONS 8~ STEVEN BAINBRIDGE: (APPROVED FINDINGS; APPROVED RECOMMENDATION) 2. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR OUTSIDE SEATING BY WILD WEST BAKERY 8 ESPRESSO - 815 E. 1sr STREET: 3. PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR OUTSIDE SEATING BY WILD WEST BAKERY 8 ESPRESSO: (APPROVE FINDINGS WITH AMENDMENTS; APPROVE RECOMMENDATION) 4. PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-O BY MERIDIAN ASSEMBLY OF GOD - 1830 N. CINDER ROAD: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 5. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A NEW CHURCH BUILDING BY MERIDIAN ASSEMBLY OF GOD - 1830 N. CINDER ROAD: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 6. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCKING TERMINAL BY DONOVAN BROTHERS COMMERCIAL CONSTRUCTION - S. OF PINE STREET, E. OF NOLA ROAD: 7. PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A TRUCKING TERMINAL BY DONOVAN BROTHERS COMMERCIAL CONSTRUCTION: (CITY ATTORNEY TO AMEND FINDINGS FOR JUNE 18 MEETING) 8. PUBLIC HEARING: REQUEST FOR A REZONE OF 1.4 ACRES FROM R-8 TO C-G BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 9. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A MULTI-TENANT RETAIL CENTER BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: (CONTINUE PUBLIC HEARING TO JULY 8, 1997 MEETING) 10. PUBLIC HEARt~ REQUEST FOR ANNEXATIO~ND ZONING OF 48.7 ACRES TO R-4 BY WESTPARK CO. - E. OF LOCUST GROVE ROAD, N. OF VICTORY ROAD: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 11. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK CO. - E. OF LOCUST GROVE ROAD, N. OF VICTORY ROAD: (TABLED TO JULY 8, 1997) i • MERIDIAN PLANNING & ZONING COMMISSION JUNE 10 1997 The regular meeting of the Meridian Planning & Zoning Commission was called to order by Commissioner Keith Borup at 7:00 P.M.: MEMBERS PRESENT: Ron Manning, Byron Smith, Malcolm MacCoy: MEMBERS ABSENT: Chairman Jim Johnson: OTHERS PRESENT: John Fitzgerald Jr., Will Berg, Shari Stiles, Gary Smith, Richard Baxter, Jerry Van Engen, Morten Awes, Jeff Foster, Loren D. Ross, Robert Fritts, Ruth Fritts, Rhonda Coonse, John Shipley, Dixie Jenkins, Hoyt Michener, Clifford Babbitt, Nancy Hansen, Marvin Hansen, Van Elg, Carolyn Jansper, Patrick Drake, Jim Maines, Karen Gallagher, Robert Jacobsen, Richard Coonse: MINUTES OF PREVIOUS MEETING HELD MAY 13, 1997: Borup: Has everyone had a chance to read the minutes, any comments, questions or additions? Manning: I move the minutes be approved as written. MacCoy: It has been moved and seconded to approve the minutes as prepared, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A CAR WASH WITH FUEL FACILITIES BY STEVE LYONS AND STEVEN BAINBRIDGE: Borup: Any discussion from the Commission concerning the findings of fact and conclusions of law? Smith: Mr. Chairman, I would just like to reiterate my concerns that I brought up at the last meeting regarding the site plan as designed. I have concems about the parking spaces backing out onto the access drive. I think it is a safety issue that should be addressed. I also don't believe that there is adequate stacking space in front of the vacuum bays. The findings of fact state that Bob Daugherty testified that 15 vehicles could be stacked in the three staging areas, three lanes. That would be five vehicles a lane. The standard parking stall is 19 feet, 5 cars and 19 feet is about 96 feet. I don't think they have 96 feet from the vacuum bay to the street. I think at a minimum they should do some kind of a vehicular flow projection to determine how many vehicles are actually going to be stacked and how many are going to be required to be waiting in the street. Atso, in response to the construction of the building it has been stated by the architect Joe Numbers that the building would be constructed of primarily of CMU and Meridian Planning & Zo~g Commission June 10, 1997 Page 2 metal siding. The rendering of the building that was presented depicts pre-cast concrete and I don't want to belabor a graphic issue but it clearly does not depict CMU. I think it should be adequately or accurately depicted when presented to the City Council. The correct material designation on the construction of the building. Also, I guess I have a concern that this building has been designed to look pretty from the street and once you turn the corner of the building the applicant has chosen to minimize the durable, they have minimized the CMU and have gone with a metal shell which is not as attractive and requires more maintenance and does not have the longevity of concrete masonry. If I need to put together some kind of motion to amend the findings of fact and conclusions of law and incorporate those concems about the design, I don't want to hold up the process for the applicant to incorporate those concerns into the findings of fact. Borup: You can go ahead and anything can be amended at this point. Maybe you can get it more precise. Counselor? Fitzgerald: Well his concerns he expressed are somewhat detailed and I would say that given the expression of his concerns unless he can be more concise and specific it would require or I would suggest that we redo those findings of fact and conclusions of law to specifically incorporate those as stated. Borup: Concerning his comment on not wishing to hold it up further here is there some way that some of those comments could be submitted along with the findings to City Council that they may want to consider any adjustment? Fitzgerald: I suppose that he could specifically try to provide it in a motion to amend it by saying his concerns with regard to the parking spaces backing out into the roadway access roadway the stacking he doesn't believe that there is a sufficient area. And third in terms of the design of the building the appearance and so forth he has concerns about those. And then he could amend it that way and include it (inaudible). Borup: Commissioner Smith does that sound like that would cover (inaudible) Smith: Let me see if I can give this a try here. I would like to amend the findings of fact and contusions of law with the following inclusions that the parking be reconfigured on the site to eliminate backing onto the access drive. That the applicant provide documentation to show that there is adequate stacking space for cars on the site as designed and if not that redesign be done. That the rendering as presented to the City Council be corrected to show the materials that are proposed to be utilized in the design and construction of this building. And that consideration be made by the City Council to require that the entire building be constructed of CMU in lieu of partial walls CMU and metal siding. MacCoy: Second Meridian Planning & Zon~g Commission • June 10, 1997 Page 3 Borup: We have a motion and a second, do you want to expand on the motion to include the rest of the findings? Smith: I will make a second motion Borup: With the aforementioned motion I would also like to propose 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 Borup: We have a motion and second, roll call vote. ROLL CALL VOTE: Smith -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Borup: Do we have any other recommendations for City Council? 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 applicants 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's by the City. Manning: Second Borup: A motion and second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR OUTSIDE SEATING BY WILD WEST BAKERY & ESPRESSO - 815 E. 1ST STREET: Borup: At this time I would like to open the public hearing and invite the applicant or the representative to come forward. Carolyn Jansen, 708 Spyglass Way, Eagle, was sworn by the City Attorney. Borup: We have got your application and such, maybe you can expand a little bit on what you are proposing. Meridian Planning & Zon~g Commission • June 10, 1997 Page 4 Jansen: Alright, what we would like to do is put a couple of tables and two chairs a piece for those tables right outside the door to our business. They would go underneath the window. We would also like to put a couple of whiskey barrels closer to the street side so ~ have the tables and chairs close to the window, we would leave a five foot pedestrian pathway and then on the other side put a couple of whiskey planters with live plants in them to kind of add more color. We would also like to put an awning up over our window with our name on it Wild West Bakery & Espresso. We would also like to put up a sandwich sign, it is really cute, it is a sandwich sign that stands about 9 foot tall, it has a black board on it and drawings around the side and cowboy boots for feet and a cowboy hat on top of that. It would show our coffees of the day, we have four different types of coffees of the day and we always change the coffees. So a customer could know before they even walked in what kind of coffee he could be served that day. We also I think there was one more thing, a planter box for undemeath the window so we could plant some live flowers in the planter box. We think that would be conducive to Old Town. We think it is in the spirit of Meridian and the Wild West theme that we are trying to (inaudible). We also need the seating really bad as well. MacCoy: On this sandwich board which you propose 9 foot tall is pretty good size. Jansen: I think that is what she was doing, it is 9 foot high, 2 feet wide on 9 inch legs. So I guess it probably stands he is not 9 feet, probably about that high I would think. It is not nine feet. MacCoy: Where would you actually locate that? Jansen: Right up next to the building probably by the door. So it wouldn't be in the impending pathway that we are going to leave vacant it would be up by the door or by the tables, on the other side of the tables. Because there is parking right next to the street so if we put it by the street you couldn't see it. So we are going to have to move it in toward the building itself. MacCoy: You read part of the report which requires you to leave a five foot (inaudible) Jansen: Absolutely, the tables aren't that big and the feet between where the road starts and where our building is, that is like 18 feet I think. So there is no problem, when we put our tables out there it doesn't even go on that first cut off where the actual sidewalk. If you are on the sidewalk and you are going toward the Sunrise Cafe or the church it doesn't even obstruct that part of the sidewalk, So this is like the space going into our building is not even actually on the sidewalk because if you get into that alleyway there is nothing there and the sidewalk continues on toward the church. So we are talking about putting them on that little space that is right in front of our window. So even if a customer moves his chair out there is still plenty of room between that and the street. MacCoy: Let me ask staff a question here, Gary, on the sandwich board since that is not allowed in the City do we have because of Old Town an exception to that? Meridian Planning & Zon~g Commission June 10, 1997 Page 5 Stiles: Commissioners, this has been a policy of the City of Meridian to not allow temporary signs within the City. I don't know if this is something that would be moved in everyday. Borup: The application does day 9 feet. Stiles: It is a little hard for the Commissioners to decide if that is something that truly Hrould fit in just with the verbal description of what you are proposing. I appreciate your intent and it could be a good idea and something that the Commissioners would buy off on but we are really trying to eliminate the temporary signs that just sit out there as a portable day in and day out kind of sign. I think if it were something that were more discrete with a menu board that is a little bit different than some of the signs that we are having a problem with. But I think that would be up to the Commissioners to decide if they felt that was appropriate. Jansen: If 1 could make one comment, 1 have seen some of the sandwich signs that are up and down Fairview and up and down First street. I am not talking about two pieces of plywood smashed together, I think they look tacky. This is completely different from that. It is very tastefully done, it is all painted, It is a professional office working on it. The writing would be professional writing when we get read to the names of the coffees out. It is cute, it is not the kind that is just two pieces of board with metal strips on top and folded in. It is really tastefully done. MacCoy: What about turning that thing 90 degrees and have it against the building so that as people into your establishment they would actually still see (inaudible). Jansen: We could do that too very easily. It would be nice if it could be put out so people could see it, but I could stick it right up next to the building that wouldn't be a problem. MacCoy: There is a, I guess a question has been raised about the receptacle for trash. Jansen: Well, from what I, Mr. Foley is not in attendance, I am kind of surprised. I see that there is a letter dated June 9"', it was received by City of Meridian June 9~h that said he was going to table that because they were in agreement with the or they are trying to get it to an agreement with the Nazarene Church. I have not been made aware of the conclusions of that agreement. MacCoy: I didn't see him here this evening and I was hoping that maybe you had already resolved that issue. Jansen: I know they have discussing it and as a matter of fact he was going to, we agreed that item #6 be tabled or withdrawn to allow us to reach an agreement regarding the issue between ourselves. If the item cannot be tabled then it is my request that it be Meridian Planning & Zon'i}fg Commission • June 1Q 1997 Page 6 withdrawn in its entirety so the remaining items of the conditional use permit can be acted upon. The last I heard he and Pastor Cox were, Pastor Cox came to me on Saturday and said they were going to reach an agreement they just hadn't yet. MacCoy: That is all I had. Smith: Conceptually I like your proposal, a couple of issues that I have, you are proposing two tables with four chairs. Jansen: Two chairs per table Smith: Okay, two things, one I definitely have a problem with the sign, I guess I would like to see if you had to have a sign outside to see it tucked back in the alcove of the entrance here between Valley News and your shop. But I guess at that point to locate it that far back off the street you may as well go inside and look at your signs inside, your menus boards and that thing. So I don't know if it is really going to do anything for you back there. The Xerox copies that we got that show the awnings that you are proposing to use they didn't come out very good. So I guess I would like to request that you have some kind of picture or something for the City Council to approve and then if you are going to have actual signage on that awning that you have that designed and present that to the City Council for approval as well. As far as the placement of your tables and whiskey barrels out there, I think that is a great idea, I would just like to see some kind of a plan that the City Council can approve to where those will be located so that pedestrian traffic is not impeded or safety is not compromised out there in front of your shop. Just to kind of prevent things getting away from us here down the road where we don't have any control over where that stuff gets put. Jansen: I took a picture of the front of the building, the pictures with the awning the awnings that are on now is the store in Eagle. That is where I took those pictures. There are pictures of the front of the building of Wild West in Meridian, I can actually show you where those tables. Smith: That is what I am asking is that you have something showing the Council where those will be placed so they can (inaudible) I would like something a picture or drawing or something that shows that. Something that we can hang our hat on. Borup: I might mention here I think the application is strictly for the table and the awnings and the planters and that kind of thing are just added things that they are doing for their own decorating benefit. I don't know that those even need to be in the application other then they did add them. 1 believe I am correct on that, is the application just strictly for the tables? That and the sandwich board would be a factor too. Stiles: Commissioners I believe that as part of the conditional use permit we can, we do have the ability to review all of those items particularly in Old Town. It would be nice to have a scaled drawing that showed how much overhang you have on the awning, how Meridian Planning & Zor~g Commission • June 10, 1997 Page 7 much it projects. I think that is mainly what we are concerned with here. We did get another comment from Ada Planning Association that asked that at least 8 feet be allowed clear space particularly due to like when you have the parades like the Dairy Days you are going to need more than 5 feet for people to walk safely. I think you could still meet that 8 foot requirement. I think the Planning and Zoning Commission is perfectly within its right to ask for additional details whether they want to ask that this go on to City Council and that you provide those details by the time you get to City Council. Byron would have the ability to make a comment at the time it even event to Council as a Commissioner I believe would be appropriate. It just depends on if they are able to make that motion and want to proceed that way. Borup: Any other comments? Fitzgerald: I just had a question of Ms. Jansen, in terms of the sign, where specifically did you plan to locate the sign? Jansen: Originally we wanted to locate it right next to the front door. Not in front of it but next to it so people walking this way and people walking this way can see what it said. I don't have a problem leaning it up against our side of the door because it wouldn't impede people going up the step to get into the front door. Fitzgerald: So would it be on the sidewalk, actually on the sidewalk? Jansen: That was the initial intent was to put it on the sidewalk and still leave the 5 foot area. I even thing I, right underneath the window there is like 3 '~ feet of block cement that is part of the sidewalk right up next to the window. That is realty what we need. So if I could just move those tables over a little bit and put the sandwich sign up against the window if that is what it takes. When he said people could just walk in and see the menus, the problem is getting people to walk into the store. If they saw we had Hagen Daaz ice cream and I had it on special for Saturday it might help them to make up their minds whether or not they wanted to come in. The whole point is I am just trying to get people in the store. Fitzgerald: I would point out to the Commission that Section 11-2415 C specifically prohibits the placing of signs on the curb or sidewalk and that would require a variance from that ordinance, but I would point that out. MacCoy: If she put it right next to the building faced with the building and not on the sidewalk so that it could be part of the (inaudible) Fitzgerald: If it is not on the sidewalk that would be correct MacCoy: How do you get around that? Manning: Is the sign design basically an A frame sign? Meridian Planning & Zon1Rg Commission • June 10, 1997 Page 8 Jansen: Yes Manning: And that would if you put it up against the building essentially you would lose one have of the sign. Jansen: I could always write iced mochas on one side and hot mochas on other and turn it over at noon. MacCoy: You could do that or you could only pay for one side Jansen: Actually she has got a lot of it done and I didn't think, that would be an idea we could put hot mochas and hot coffees and what they were and then at noon when everybody turns to iced espressos and iced lattes we could just tum it over. Manning: I have no more questions. Borup: Any other questions? Jansen: I just want to be certain what procedure I take now? Borup: We are still going to have it open for additional public testimony and then what Counsel has done is prepared preliminary findings of fact which enable us to deal with that tonight which essentially saves you a month and get it to the City Council faster. So that is what we are endeavoring to do. This is a public hearing, is there anyone from the public that would like to give testimony? At this time I would like to close the public hearing. Commissioners now I guess, it was my understanding it was the intent they would like to have the seating in operation in time for Dairy Days and do have preliminary findings of fact and conclusions of law available for us which have most of the pertinent information to enable us to add anything else to it that if we would like to. Do we have any other comments or discussion at this time? MacCoy: So you are going to combine two and three, is that what you are doing? Borup: Well the public hearing has been close on two I guess vae are on item No. 3 now. It sounds like maybe from some of the comments, the one item, item #4 in the findings it does pertain to the A-frame that says essentially a variance would need to be obtained. Counselor, after hearing testimony is there anything you feel should be added? Fitzgerald: I don't believe that there was anything substantial, the testimony was substantial don't get me wrong, anything that would cause the findings of fact or conclusions to be changed or revised in terms of how they were presented. I think that they do need to be amended in terms of adding in the applicant's representative's name Carolyn Jansen as her appearing as well as striking the fact that they would be Meridian Planning & Zon~g Commission • June 10, 1997 Page 9 preliminary from the findings of fact. If you decide to move forward with these as presented. Smith: Mr. Chairman, I think we also have this trash receptacle issue to deal with and I would also like to incorporate into the findings of fact the concerns about the layout and design of that sidewalk space. I will make a motion if there was nothing else. Borup: Is there any other discussion? Are we looking at tabling on the trash receptacle, the letter referred to item 6 is that the proper? Smith: It is item 3F on page (inaudible) Fitzgerald: It would item 6 in the application. Borup: So that would be item 3F and also and also 7E would that be correct. Fitzgerald: The Commission may want to ask if that, as I understood it was either to be, the request was either to table that or to withdraw it. The Commissioners needs to know how the applicant is approaching this, should it be withdrawn or if it is tabled then we would have to table the findings of fact and contusions of law. Borup: The way I read Mr. Foley's letter and maybe 1 am assuming something his first choice was to withdraw it but table it (inaudible) Stiles; Commissioner Borup, Commissioners, I believe what the intent of that item in that letter from Mr. Foley was is that item #6 of the applicant's request which I am not sure that I really understand if you will see that letter from Valley Shepherd Church of the Nazarene on the third page there is a description of the conditional use permit that was part of the application. The request is amendment to conditional use permit granted Hunter Investments Inc. owner of the building to allow a garbage receptacle behind to the west of the subject building to be used cooperatively by surrounding property occupants. I believe that was partly from an understanding that they were required to provide their own individual trash receptate and enclosure. I think as long as they are working on cooperatively doing that, that is still a condition Of the application. They are to provide a screened trash enclosure just as long as they work that out as soon as possible. I think a resolution is fairly close. I don't believe it was the intent of Mr. Foley to stop this in any way to really table it or withdraw the application. It was just that one item he may have had a question on. Borup: That makes more sense, did the Commission understand (inaudible) No need to table or withdraw it, let it sit as stands they just need to work out whatever they work out. Commissioner Smith, any of your other items do you feel we need to open for discussion? Or are we ready Meridian Planning & Zon~g Commission • June 10, 1997 Page 10 Smith: I guess I can't support the sandwich sign seeing as how it is not permissible under the existing zoning. Borup: The findings already state that, that they need to, what you saying is you agree with the findings then? Smith: Yes Borup: For the applicant's information that was just saying that a variance would need to be secured on the sign. The sign was the one item and then anything else, I think the findings address that. Smith: Just some kind of drawing indicating a proposal layout for the whiskey barrels, the tables and to show that the awnings and window boxes are not going to impede pedestrian traffic or safety on the sidewalk. I don't think they will 1 think vve need to have something that shows that they won't. Borup: You are saying you want that to come back to us or (inaudible) Smith: I don't want to hold it up, 1 want them to be able to go forward with it. So I can make that as an amendment to the approval of the findings of fact. Borup: So some more detailed drawings on the tables and landscaping layout. We have also added the applicant's name, does that need to be I the motion? Fitzgerald: Yes, in terms of if there is going to be a motion to approve the findings of fact and conclusions of law you need to intude the amendments into your motion which would include striking the word preliminary and adding in the blank on the first page the applicant's representative or the representative Carolyn Jansen. And make sure that part of your motion which would need to be second. Smith: Mr. Commissioner, I would like to make a motion that we approve these preliminary findings of fact as findings of fact and contusions of law, that the word preliminary be stricken. That the applicant's name Carolyn Jansen be added to the record. And that the findings of fact and conclusions of law be amended to intude request for submittal of drawings showing the table and whiskey barrel layouts, the awnings and window boxes as they are proposed. Which show that they will not impede pedestrian traffic or safety. Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and contusions of law as amended. MacCoy: Second Borup: It has been moved and seconded to approve the findings of fact and conclusions of law, roll call vote. Meridian Planning & Zo~g Commission • June 10, 1997 Page 11 ROLL CAL VOTE: Smith -Yea, MacCoy -Yea, Manning -Yea MOTION CARRIED: All Yea Smith: Mr. Chairman, the Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that except for the placement and display of sandwich sign which uses in paragraph #B of the findings of fact it approves the conditional use permit for the rest of the uses specified in paragraph 3 of the findings of fact herein above 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. MacCoy: Second Borup: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-O BY MERIDIAN ASSEMBLY OF GOD - 1830 N. CINDER ROAD: Borup: Is the applicant or representative here? Patrick Drake, 704 Spyglass, Eagle, was sworn by the City Attorney Drake: Good Evening Gentlemen, thank you for your time tonight. As per the request we at this point in time would like to have the ability to conform with the current ordinances. The property was built approximately 13 years ago prior to the rezoning. At this point in time we would like to go ahead and conform to the current ordinances by changing from R-4 to L-O. We have had a chance to review at length the comments from the engineers department as well as the P & Z Administrator and are willing to adhere to the requests that have been stated and so forth. Borup: Any comments or questions from the Commission? I think at this point we are just looking at the rezone request. Smith: Can you show me where, what area of this site we are dealing with here for the rezone request? Drake: The entire 12 acres. In reference to the question the entire 12 acres is owned by the church it is all contiguous under the one title. Meridian Planning & Zon~g Commission June 10, 1997 Page 12 Smith: So it is all currently zoned R-4. Drake: The church was built prior to the zoning, our intent is to conform with current regulations. Borup: Any other questions? This is a public hearing, anyone from the public that would like to submit any testimony? I would like to close this public hearing at this time, commissioners. This is an item that we do need findings of fact. So we are open for a motion. MacCoy: Mr. Chairman, I move that we ask the Counsel to prepare findings of fact and conclusions of law for this project. Manning: Second Borup: It has been moved and seconded, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A NEW CHURCH BUILDING BY MERIDIAN ASSEMBLY OF GOD - 1830 N. CINDER ROAD: Patrick Drake, 704 Spyglass Way, Eagle, was sworn by the City Attorney. Drake: Gentlemen, we request a conditional use permit (End of Tape) wee are in three full morning services on Sunday. We would like to build a new building sufficient so we can go back to one service and see each other again. Borup: Commissioners, any questions? MacCoy: You are in receipt of the staff report? Drake: I am sir. MacCoy: You made an earlier statement that you were, when you read it you were in compliance with it or at least you would honor those things. Drake: We have discussed it with our architectural firm and the church board as well. We would adhere to all of the recommendations from both the engineering department and the P & Z administrator. MacCoy: I have a couple of questions along that line then. What is your building material, what is this going to look like when we get a building out there? Meridian Planning & ZonlFig Commission • June 10, 1997 Page 13 Drake: Perhaps some of these questions I can address and some others might be addressed by the representative from the architectural firm Jim Maine is here as well. MacCoy: Do you want to hold that one until he gets up here? Drake: I can give it a whirl and he can follow up perhaps. It is basically going to be a concrete construction MacCoy: Do you mean poured or concrete block? Drake: It will be concrete block and probably stucco. MacCoy: What color? Drake: I would assume it would be an off white, I think he might have some renditions with him. MacCoy: Before you leave, vre will come back to his. To do with your exterior lighting, that is a very touchy issue with us. The fact that you end up with a structure like this and a neighborhood setting and people do all kinds of things with outside lighting and the next thing you know what do wa hear about it that everybody is complaining about the fact that there are lights in their bedroom at nighttime. Drake: I think it is a very good question Commissioner, we will definitely address it. We have and will hire civil engineers along with other consulting engineers to properly light the parking lot. Perhaps timers would be apropos to go off at a certain time. We would put the lights in the parking lot itself in islands per say versus the buffer zone contiguous to the neighbors. I think that would alleviate some of their fears. One of the gentlemen is an engineer lives next door. He came over and addressed his concern. We reassured him that we will engineer it property and intend to be good neighbors. We want the neighbors to come and visit up. MacCoy: You don't plan to put lighting on the building itself that would highlight the building like a white wash or something like that? Drake: I think I will defer that question. MacCoy: Lets move over to your architect. Fitzgerald: I have one question, as I recall, you recently had a conditional use permit for temporary buildings is that correct? Drake: That is correct. Meridian Planning & Zon~g Commission • June 10, 1997 Page 14 Fitzgerald: What do you plan to do with the temporary buildings once the its constructed? Drake: At this point in time they are going to be used for educational purposes. I don't think we have fully addressed what we are going to do at that point in time. The City gave us permission to have it reviewed on an annual basis and then we ~nrould go from there. MacCoy: Do you recall we asked that question up here and they mentioned the fact they had a new building coming. We were looking (inaudible) for educational reasons so we got (inaudible). We haven't forgotten. Borup: Any other Commissioners have questions for the applicant? James Main, 414 South Sailor, Kuna, was sworn by the City Attorney. Main: If I could just take a minute to kind of review where we are at. This is a copy of the site plan, it is the same one you had in your packet. What I have done is I have put a red dotted line in this area, the conditional use permit that was granted in March takes into account the property to the west of that line. All of those areas that were addressed by ACRD in the findings that were sent back to us are already being addressed as far as the entry. The width of the driveway, the tapers, the landscaping, planting trees. So this conditional use application is for the remainder of the site. As far as the building type we are still in the schematic design phases. What we are leaning towards right now is concrete masonry units on the bulk of the building on the higher part with possible some mansard type roof around the perimeter with the standing seam metal, a colored standing seam metal MacCoy: What color are you going to make it? Main: The existing building now is a beige with green trim, so I would think we would probably play off that. What we are looking at is probably a split face GMIJ in an integral color so we would probably go with some earth tones. Possibly on the standing seam metal going with a green or blue to play off the trim on the existing building. MacCoy: And you are not going to have any lighting on the face of the building for a Tight wash? Main: At this time we haven't planned any. The concern about the site lighting initially we did a site plan which was preliminary to this that the church used for some promotional reasons that sat inside the lobby of the church. On that we had some lighting randomly spaced on it and one of the neighbors came in and saw that and that is where their concerns came from.. At this time we haven't involved an electrical or site engineer yet. Once we do that we will engineer the site so that the lighting lights the parking area without affecting the neighbors. Meridian Planning & Zon~g Commission • June 10, 1997 Page 15 MacCoy: Since you are the architect will you be looking at almost directional down lighting low height variety I would think anyway. Main: I think we will probably go with probably 20 foot poles, as close to the center of the parking as we can. One of the items on Shari's comments also was the fact that there is no buffer along this line over here. The reason I didn't do that the church owns this entire piece of property over here. Right now vue are showing approximately 450 parking spaces. The church may decide that instead of a one to 2.5 ratio they want to go with a 1 to 2 ratio. That may bump over just a little bit. So I wanted to leave that option there. MacCoy: You even have a swimming pool. Main: Well, not quite a swimming pool. This is for sprinkling the green areas. Of course the church has surface water rights and in order to utilize that we have a small retention pond, actually it is a pretty long retention pond. Where the irrigation water will run into that and then the pump system will pump out of that pond. And there also is a well that will fill that pond when the irrigation water isn't available. MacCoy: How deep is that pond? Main: From the water level probably a foot and a half to tvuv feet. MacCoy: Are you going to put some type of screening around it for protection of children? Main: That has been discussed. Smith: The site plan doesn't depict between new construction versus existing. Can you walk me through what is new? Main: The only existing building on the site right is these Mro modular buildings (inaudible) at this point anything behind this line all this parking area here (inaudible) every couple of months one of the church members comes over and (inaudible). Smith: I guess the problem 1 have with approving or disapproving is I don't know what it is going to look like. I don't know how tall it is. I have no idea what it is going to look like. You said you are in schematics right now which is an early design phase. Is the reason, are you still evaluating cost or what is the issue why we don't have something presented in front of us that shows what the building is going to look like? Main: The reason is we have only been retained by the church within the last 2 to 3 weeks to do the project. Height on the building, what it is called here is a multi-use building. So I would estimate the ceiling height to be about 22 feet in the main room, the Meridian Planning & Zon~g Commission • June 10, 1997 Page 16 main room will be about 12,000 square feet. (Inaudible) we are probably looking at 5 foot joist which would put the top of the building at approximately 30 feet. Smith: What is the height of the existing building do you know? Main: The existing building, I am not sure if you are familiar with it, the outside wings I would say probably 14, 15, 16 feet and then they come to the center which sweeps up and has a steeple on it. I would think that steeple is probably in the 30 to 35 foot range. Smith: I am familiar with it. I can't comment any more because that is all the information that was presented. Borup: Any other Commissioners with questions at this time? This is a public hearing, do we have anyone from the audience that would like to submit any other testimony? Hearing none we will close this public hearing. Commissioners, what is your pleasure? MacCoy: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby recommend to the City Council of the City of Meridian. Borup: We need findings MacCoy: Mr. Chairman, I move we have the City Attomey prepare findings of fact and conclusions of law for this project. Manning: Second Borup: All those in favor? Opposed? MOTION CARRIED: 2 YEA, 1 NAY ITEM #6: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCKING TERMINAL BY DONOVAN BROTHERS COMMERCIAL CONSTRUCTION - S. OF PINE STREET, E. OF NOLA ROAD: Borup: Is the applicant here or their representative? Richard Balster, 4103 S. 239"' Street, Kent, WA, was sworn by the City Attomey Balster: Donovan Brothers are proposing to build a freight terminal for Oak Harbor Freight Lines who are currently located in Boise. It is a family owned business and they currently have 14 employees, 8 of those employees are truck drivers at their local terminal. It is a quality run organization. We will voluntarily widen the road down by the Franklin intersection, that is at Nola Street and Franklin. We are going to pay to upgrade a 10 inch water line to a 12 inch water line. As per Karen Gallagher with Ada County the existing roads will handle the truck traffic. Her statement says 600 vehicle trips per Meridian Planning & Zon~g Commission • June 10, 1997 Page 17 day but they currently only have the 8 drivers and they don't do 600 trips per day. The building is going to be a metal building, 2000 square feet of office with 20 truck doors. We will also be installing 116 three inch trees around the property to screen the property. Borup: Any questions from the commissioners? MacCoy: Yes sir I do, I have a whole lot of them. What are your hours of operation? Balster: Hours of operation they start running about 4 to 5 in the morning. Most of the traffic is they are loading up the trucks and they are leaving around 7 to 8 o'clock. They fill the trucks and then the truck drivers come in and take them out and bring them back empty, they get filled up around 4:30 to 6:00. They may have one or two drivers that go and come back if they get two loads. A lot of their freight is just going from there. They take the freight from businesses in Meridian and Boise bring it back to the place terminal that gets shipped to Seattle and California overnight. MacCoy: So you would say 4 a.m. to what? Balster: To about 6 or 7 o'cock at night. MacCoy: What type, you said construction is going to be a metal building Balster: Yes MacCoy: And you have a flat roof probably? Balster: Yes, metal roof, standard seam. MacCoy: I am sure you have looked at the site out there and are familiar with that. Truck traffic is a real concern of ours and you have an R-4 across the street from you and I imagine you will probably be running from where you are proposing your location to be up Locust Grove to Fairview and out. Balster: The traffic will be coming off of Franklin, the easiest way for them to get to the interstate is from Franklin and coming down Locust Grove and turning into the site. MacCoy: You are saying no traffic would go up to Fairview for example? Balster: Not that I know of. That is why they are also widening the road up at that intersection, they want to take the right hand turns getting out to get to the interstate. They don't want to take the left street and the left hand turn and go down Pine Street. MacCoy: I was concerned about the noise antl the fumes of the area because if you are right across the street with a house. Meridian Planning & Zon~g Commission • June 10, 1997 Page 18 Balster; There is only one house across the street. MacCoy: You have a whole complex (inaudible) Balster: They meet all the EPA regulations for their trucks, they are having to go to California (inaudible) MacCoy: That may be but if you happen to be one of the ones that owns housing in the area you don't care about EPA to the point that you have your sleep disturbed at 4 in the morning. What about sound barrier walls, are you going to do any of that? Balster: We are putting 116 trees that are going to be filling in (inaudible) that would be doing some screening. MacCoy: That is your only sound barrier? Balster: That is it. MacCoy: You also indicate a future shop? Balster: Yes they may put a shop in there at some time, that is just to maintain the vehicles on site. MacCoy: Will you be doing maintenance which would use air wrenches for example and tools that are Balster: That is done between 8 and 5 if they do and that would be done inside the building not outside which is an insulated building. MacCoy: What about painting and so on, you have fumes of paint and solvents and so forth. Balster. They don't do any painting or anything like that. MacCoy: Would you say the shop will not also be a paint shop. Balster: All they do is basically put tires on and change oil and do repairs on trucks. MacCoy: You are indicating it is actually a staging area then it is not, you really have no warehouse ability. Balster: They may have three rows of racking but all the freight comes in over night and it is shipped out in the morning. So you call it a cross dock facility. Meridian Planning & Zon~g Commission • June 10, 1997 Page 19 MacCoy: You also indicate you have a future expansion down the road with these (inaudible) I am going to pass it at this moment. Smith: How are you going to deal with the fact that there is a school across the street? Balster: We have talked to the school about traffic. It is not a middle school it is an alternative school. They are going to have temporary buildings located way down by the other intersection. He didn't see it as being a problem, Chuck Lee. Smith: Is he with the administration? Balster: Yes, I am sure if he had some real concems here he would be here tonight. Smith: I have some real concerns with it and I am not going to debate whether or not the school site is appropriate where it is or not. But it is there nonetheless. I think there are some issues that come up with these two type of uses there. 1 wasn't clear, you are going to widen the existing Locust Grove Road to Franklin from your site, the entire length to Franklin? Balster: We are adding the left hand turn lane on Franklin or to go from Franklin to Locust Grove. This is the (inaudible) We are widening the road so that a left hand turn lane can be added in the middle. This is on Locust Grove, this also helps the buses get in and out better (inaudible). Smith: Are your trucks going to be turning left on Franklin to go (inaudible) I just assumed they would be. Balster: This is more of a benefit for them to tum into the project so the road is wide enough. Smith: You didn't answer my question. Balster: I am not the terminal manager. Smith: It is a possibility (inaudible) Balster: They could go this or that way, they like to take the right hand turns. Smith: Has there been any discussion with Ada County regarding a signal light there. Balster: They didn't think it would be required. Smith: They didn't feel it was necessary based on what you are proposing? Balster. No Meridian Planning & Zon~g Commission • June 10, 1997 Page 20 Smith: I hate to sound like a broken record. I guess I am not real crazy about the whole facility being constructed out of metal siding. Your elevation shows metal siding painted, is that indeed metal siding painted or is that apre-finished metal siding. Balster: That is apre-finished metal siding, (inaudible). It is very similar to the other buildings that are in that development right off to the east. Smith: Is the 17 foot dimension on the elevation is that to the ridge of the roof? Balster: Yes Smith: The heavy line I see right below that would indicate the eve line. The three boxes that I am looking at on the office end of the building those would be windows? Balster: Yes Smith: The 10 foot landscaping strip along Locust Grove is that a minimum landscaping requirement the width? Balster: Actually we are going to have to make that one, that will be 10 feet. Smith: I think something like a berm along there might alleviate some noise. When you get around here to the expansion, if or t should say when Locust Grove extends on through to the west side of your property the future expansion it looks like it would encroach into a setback on the proposed Locust Grove, have you looked into that? Balster: We will have to dedicate portions of our property for that property. Smith: No the setback requirements from the road. Balster: The setbacks, we have worked that all out with Shari Stiles and Karen Gallagher on the distance from all of the intersections. They have approved our setbacks per here June 5 letter. Is that what you are talking about? Smith: No, I am talking about the setback from Locust, new Locust Grove back to the minimum dimension from the road that you can build your building. Balster: Right now that building is just shown that it may happen, we will have to come in for another permit. Smith: Functionally your site will still work okay with your offices on the back side? Balster: That is correct. Meridian Planning & Zonirfg Commission • June 10, 1997 Page 21 Smith: Is there any fueling done at this site? Balster: Not currently, it is brought in. There is fueling done on the site, an outside supplier comes in and brings the fuel on site and does the fueling in the morning. Smith: Fuels the truck, so there is no on site storage, fuel storage? Balster: Correct, but they may apply for a permit to do that. They are still considering that. Manning: You say they anticipate, this facility would increase traffic by 600 units a day, 600 vehicles a day. Balster. Like I said right now they have 8 truck drivers that are working this facility so we are not increasing the truck traffic by 600 units. Manning: No but you are not building that to maintain a status quo of 8 units. Balster: That is right, their business may grow, but I would say that is on the very high side. They don't have any of their terminals that 600 trips a day. Manning: To the best of your knowledge the bulk of the traffic would be Locust Grove, Franklin into Meridian. Balster: That is correct, they do not want to go to Pine Street, that does not work for them. Manning: Say the truck was headed east would it not go onto Eagle Road and gain access to the interstate on Eagle? Balster: Yes it may. Manning: But the bulk of the traffic you feel would be coming into Meridian, Franklin into Meridian. Balster: Yes Borup: Anyone else? Balster: I do have a couple of comments, on the City of Meridian's letter to us, which we have not received yet, we just picked up from the architect today. Borup: The staff comment letter? Meridian Planning & Zon~g Commission • June 10, 1997 Page 22 Balster: Yes, in the existing, item #2, existing irrigation drainage ditches crossing this property to be included in this project shall be tiled per City ordinancz 11-9-605 we are wondering, there is currently no ditches there but (inaudible) there is a waste ditch and an irrigation ditch on the project but it is not on our property it is also on the City's property. So, we were wondering what they want us to do there. Borup: Shari, would you like to clarify that, was this a standard statement or site specific? Stiles: Commissioner Borup, Commissioners, it is a standard comment. Any barrow ditches would have to be taken care of in your street improvements is that right, or did they leave them, they are not the City's property they are the Ada County Highway District's property. If they are within that 90 foot total width there. Are you talking about both on Pine and Nola Road? Balster: Yes Stiles: There is an irrigation ditch that goes along the property boundary, the properties east boundary clear up to Pine and then goes along Pine and hooks up with Railside Subdivision. As far as the barrow ditches that would be taken care of with whatever your construction is with Ada County Highway District within their right of way. Balster: Item #7, the City of Meridian owns a 15 inch diameter sanitary sewer main, we would prefer there is another sanitary sewer line that vue would prefer to connect in that is closer to the truck terminal rather than going all the way to Pine Street. Stiles: Gary is not here now to address that but these comments are from the Public Works Department and to meet their trunk requirements trunk line requirements that would be the nearest available sewer that you could hook into. Balster Pine Street Borup: You are saying the other sewer line does not have the capacity, that you are understanding. Stiles: I would prefer Gary answer that. Balster: We don't have many units (inaudible) Stiles: I would like to get Gary to address that (inaudible) Borup: Okay, if he is still here, I would say that is something that needs to be worked out with the City Engineer if he is still here. Meridian Planning & Zon~g Commission • June 10, 1997 Page 23 Balster. Okay, my last one is the applicant is to dedicate right of way for all streets, Pine, existing Locust Grove, new Locust Grove abutting the ten acre parcel prior to submitting an application for building. We would like to change that to issuance of building permit or upon occupancy. ACHD's report to us is that our dedicating of our right of way is going to be either to the ultimate centerline 48 feet or 60 feet. They have not told us where our property line is going to tie. We will agree to do that but we want to actually get in for a permit and would like it to be a condition upon issuance of a permit or occupancy rather than applying for a permit. Borup: Is the question on right of way on both roads? Balster: No it is just on where the center line Borup: You said 48 or 60. Balster: Yes the way ACHD's response was that we would have to dedicate right of way either to the ultimate center line or 60 feet. There is a question where the ultimate center line of the new Locust Grove is going to be. Until that is determined we can't dedicate right of way. Borup: That was my question, this is just in reference to the new Locust Grove. Balster: That is correct Borup: So your request is just pertaining to the new Locust Grove then. Balster: But we would like them all to be done, we would like to take care of all of them at the same time. Borup: Did ACHD give you an indication of a time frame? Balster: No they haven't. Borup: We may ask that later. Any other comments you had on staff comments? I think Smith is in now since is he up to speed maybe we can get input from him on item #7. I believe your comments pertaining to item # 7 and 12. Mr. Smith did you get brought up to date there, the question was on item #7 the sewer line. They thought that there was a sewer line in Pine I mean in Locust Grove that was Goser than the one on Pine that they would Tike to tie into. Eng. Smith: Mr. Chairman, I am not sure exactly where the line is in Locust Grove at this point. It is being extended to that Meridian Middle School Academy to serve that property I don't know where that is in relation to this property. Meridian Planning & Zor~g Commission • June 10, 1997 Page 24 Borup: Is there any problem with your department on which line they tie into. Is that something they can work out with you? Eng. Smith: It can be worked out Borup: I think the concern earlier was it might be a separate line and there was a capacity problem. Eng. Smith: I don't think there is a capacity problem. Borup: Does that answer your question? Okay, any other comments from the Commissioners before the applicant sits down. This is a public hearing, do we have anyone from the audience that would like to come fonnrard? Morten Awes, 3900 East Chinden Blvd, Eagle, was sworn by the City Attorney. Awes: I am with the architectural firm Awes-Hutchinson Architects representing the applicant. I think I can help you with some of the questions you had of the applicant. You asked about sound barriers first, the prevailing winds as you know are out of the northwest so that does help mitigate some of that problem. Also that might also help with the question of fumes to the adjacent housing development to the northwest. So that might be something to consider along those lines. You asked about a school across the street, 1 spend a good deal of time with Chuck Lee the maintenance director, Director of Operation and Maintenance and requested that he send us the plans for the facilities so we could look and see what they are proposing. They are proposing seven portable Gassrooms as you know around a culdesac drive through and it is up on the portion of Locust Grove north of Pine on the other side of Micxo Tools so it is quite a distance from this project. I thought it was across the street just north of commercial. But the site plan indicates it is north of Pine. Smith: The sign is up right across the street from your property and there is quite a bit of grading that has been done the last week or so. Awes: I am in error then, but in his comments were that it was not a problem for him because the truck traffic will be coming in from the south proceeding north bound and w will be entering the site on the southern most portion of our site so that it won't, he didn't feel it would be a problem. I asked him did he have concerns with the alternative school being in essentially a light industrial area. And again most of those kids drive themselves and it is, they wouldn't have located there if they thought it was a problem because they are aware of the fact that area is light industrial. So he was supportive and didn't feel that it represented a problem for his operation. There was just one other item here that I thought might help you. We have covered all of them so thank you very much. Borup: Any questions from the Commissioners? Meridian Planning & Zor~g Commission • June 10, 1997 Page 25 Karen Gallagher, 318 E. 37m Street, Garden City, was sworn by the City Attorney Gallagher: Commissioners, I just wanted to address the issue of right of way and then I would be happy to address any other questions you might have of the site and what we went through in reviewing it: Your staff has taken a little different approach than what we have, we are not requiring any right of way at this time on Pine. The entire site or the larger part that it comes from does abut Pine but the development itself does not abut Pine therefore we are not requiring right of way and as our funding is going at this point we don't want to spend money on right of way that we don't quite need until a development is coming forward that vue need to worry about setbacks for a building. That is incuded in our report that Pine Street the right of way is not incuded. So I would make a recommendation that not be included. As well as any right of way on either existing Locust or new Locust Grove. We are only getting right of way, we don't need any on existing Locust Grove, we do need right of way 60 from their property line on new Locust Grove and we are asking for that but only on a portion of the site that is being developed at this time. Thank you, any questions? Smith: Is the widening of existing Locust Grove Road as was shown tonight requiring the acquisition of any addition right of way? Gallagher: The plan that was shown for the widening at the intersection at Franklin was not a part of development services requirement. The applicant has been concerned about or trucks turning at that intersection and they are coordinating with a different part of the district. So whatever they are doing must be within we have 50 feet of right of way which would easily accommodate what they are dealing with. So to my knowledge there is no additional right of way that is needed for that. Borup: Anyone else, any additional comments? None, at this time 1 would like to close the public hearing. Commissioners we do have preliminary findings of fact before us. John, is there anything that you fee should be added other than the name for one thing but that after the testimony anything that needs to be added to the findings? Fitzgerald: Well I think that in terms of the testimony presented by the applicant's representative that there were a lot of (End of Tape) we incorporate those in specifically into the findings of fact and conclusions of law for your consideration. Borup: Are you referring to, the most pertinent thing in my mind was the right of way. Fitzgerald: That is correct, and the turning lanes. Borup: Do we want to address the specific items on the right of way then or can that be in the general motion do you think? Meridian Planning & Zon~g Commission • June 10, 1997 Page 26 Fitzgerald: In terms of the findings of fact you can have me revise them so we specifically include his testimony in the findings of fact if the Commission thinks it is important enough. Borup: I have a question for staff then you included in the right of way, do you have any comment in light of ACHD's testimony? Agree or disagree? Eng. Smith: I guess Mr. Chairman, Commission members, it is the highway district's right of way, it is their responsibility for the roads. I guess they are responsible for the traffic counts and the impact on the traffic load, carrying capacity of the section road, the access onto Franklin Road. Those things are their jurisdiction and their responsibility. So I guess if they have looked at that and said everything is okay then that is theirs. Borup: Any other commissioners have any other comments of (inaudible) Smith: I guess I would just like to see the findings of fact include the testimony that was given tonight regarding fueling and fumes, noise, barrier, all of that. I think there was substantial testimony given that needs to be included. Does that require another motion? Borup: Counselor, earlier 1 thought you indicated that the other changes could be made and the findings could still be passed on. Is that still the case with (inaudible) Fitzgerald: I would feel more comfortable given the substance of the applicant's representative's testimony that it actually be or the findings be revised to specifically incorporate that testimony, I would feel more comfortable. Borup: So you are saying revise them and come before the next (inaudible) we do have a little bit unusual month that vue have another meeting next week on (Inaudible). Are these changes such that it could be done at the next Planning and Zoning meeting? Fitzgerald: The quest is how quickly we can get the transcript from this hearing. Do we have enough notice? Smith: Mr. Chairman, I would like to make a motion that we incorporate the testimony as presented this evening into the findings of fact into the preliminary findings of fact and conclusions of law and that findings of fact and conclusions of law be prepared for our next commission meeting. MacCoy: Second Borup: Motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea Meridian Planning & Zo~g Commission • June 10, 1997 Page 27 Fitzgerald: So as I understood your motion what you are asking is for the preliminary findings of fact and conclusions of law to be revised to incorporate the testimony and brought back to the Commission for review and approval, is that correct? Borup: The intention is to be at the next June 18~h meeting. What we just did was instructed the attorney to prepare new findings which would incorporate the testimony with the intention of trying to have that completed by June 18t" which is next Wednesday. (Inaudible) Borup: I assume you were trying to get submitted for a building permit. (Inaudible) Borup: The next City Council meeting would be July 1~, the City Council does meet twice a month. Does that help? ITEM #8: PUBLIC HEARING: REQUEST FOR A REZONE OF 1.4 ACRES FROM R-8 TO C-G BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: Borup: Is the applicant here? Hoyt Michener, 7009 Bellhaven, Boise, was sworn by the City Attorney Michener: I have read through, my father Roger couldn't be here tonight, I have read through the comments that everybody had provided, Shari and everybody. We have a few questions and clarifications. (guess they are all public concerns. Borup: That would be appropriate go ahead. Michener: Two fire hydrants, they weren't really described where to place them. Borup: Did it reference a specific number in the comments? Michener: It said it should require two fire hydrants, number four. I guess I could just go through in order. I will start with number then. Cross access easements, we are providing one to the back which would be the south property, I don't know exactly what that owner is planning to do but we are providing access to that back and recording an easement. I don't know what the east and west landowners are doing with their parcels. At this time I don't know if we need access agreements for the east or the west. We are providing one for the south. Number three, we are planning to meet all of the minimum landscaping requirements if that requires a 20 foot strip that would be fine. Number 4, provide fire access and hydrant locations. I guess it is not on this first one, it must have been on the second one for the rezone. But it said two fire hydrants on the property we Meridian Planning & Zon• Commission • June 10, 1997 Page 28 are unaware of the location and I guess the demand for those fire hydrants. It is under the Fire Marshall comments. I guess if that is what they would require we would do it for the building if that is what the code is orrf that is what it requires we would like to know where they would want them placed. We are hoping that one is sufficient. Borup: That is probably something you may want to get with the Fire Marshall then. Michener: Number 5, the trees aren't a problem, we will be planting trees, like 1 said landscaping the front and all four sides of this property. So we don't have a problem with that. The screened trash is not a problem, if that is code we will meet that. Asking for an additional foul feet on number 7, I don't know if that is, it says from centerline, that might or might not affect the purchase price. Obviously if they are going to reimburse us for that four feet or if we just have to give it to them. 1 don't know what the status is on just with Meridian. I know ACRD and certain entities pay you back for taking (inaudible) That was just a question on whether we get reimbursed for that additional frontage foot taking off which might or might not affect the overall percentages that we have kind of tried to draw the building to a certain size and meet all of your minimum landscaping and parking requirements that additional feet might not affect the minimum requirements. Number 10, it says provide temporary fencing to contain debris during construction, maybe a clarification on that. Which I guess also touches on the letter that was included requesting a concrete masonry block 6 foot fence along one the sides and across the back. Borup: Those are two separate Michener: 1 am aware that they are two separate requests Borup: I might mention item #10 I think the temporary fencing they are talking about a lot of times during construction wind can cause debris to blow over adjoining properties. That is a concern there and that is (inaudible) take care of that during the construction period. Michener: The wall across the one side is a little bit of a concern. I don't know if that is a sound buffer. Borup: Which item are you referring to? Michener: The 6 foot block wall. Borup: You are referring to your neighbors request, no other comments an staff? Michener: It talked about cutting Fairview Avenue for the sewer and it said you are going to resurface Fairview Avenue. I don't know a timing, I guess we could stub into it right now before you resurface it. Because apparently when you resurtace, because after you resurface it you can't cut it for five years. Or you have the option of possibly Meridian Planning & Zon• Commission • June 10, 1997 Page 29 tying to the neighbors line to the east, we would have to I guess know the timing on the resurtacing whether or not we need to access that right now. Smith: It was resurfaced last week. Michener: So this point is moot, it is saying I cannot cut into the sewer, correct, is that what I am hearing? I cannot cut into the sewer on Fairview? So I have to access it from Smith: There is no cutting of Fairview that is correct. Michener: So that wording doesn't apply on this one then. Borup: You are talking item #18? Michener. No, where it talks about it is going to be resurfaced and you can't cut into it after it is resurfaced. You have the option of finding it elsewhere if you can come to an agreement with side neighbors. Borup: I think that is item #18. So I take it you have not investigated that yet. Michener: After I read this that it would be resurfaced in the future, no. There wasn't any date on this. Borup: It was probably the next day, future is very short sometimes. Michener: Is there any kind of variance, I know in Boise sometimes you can get variances after it is surfaced within the 5 year period. Eng. Smith: No, the pavement is just barely cold, I don't think the Commissioners will even listen to it. Borup: You are referring to ACHD Commissioners? Eng. Smith: Yes, I think that Mr. Chairman, I think there is a lot lacking on this site plan. A lot of these questions could be answered by information provided on the site plan. Where are you going to connect to the sewer, where are you going to connect to the water, etc. All of these questions can be answered and that is one of the comments that staff has made at the end of this is that a new site plan needs to be submitted. If you want to go down through each one of these items and discuss them we can certainly do that. Michener: I agree, we were I guess when we put the property under contract it was I guess in need. of several things like a rezone, conditional use permit for a new building. We are trying to jump several hurdles, maybe too many at once, several months to get through this process. And whether or not we can pull them all off to everybody's Meridian Planning & Zon• Commission • June 10, 1997 Page 30 satisfaction I don't know. If we can tie into the sewer next door or to the neighbor to the east obviously that is our only choice now. Smith: As far as I am concerned it is, I am not going to support cutting Fairview Avenue. I think that there would be an uproar that you wouldn't hear quiet for some time. Michener: So any new development for the next five years needs to access it off of out of the street in an easement out of the street within the property line. I know the sewer is coming from Roundtree in a westerly direction and then it is also probably coming from the other direction. So any new development over the next five years is going to have to tie into an existing. Smith: If the site plan would show the sewer line I think it would be fairly evident. I don't know exactly where the sewer line is, it is along the west side of Five Mile Creek, 1 don't know where Five Mile Creek is in relation to your property. Michener: It is not on our property. Smith: You have got to get to Five Mile Creek. Michener: Okay Smith: Roundtree does not access sewer to Fairview it accesses sewer through Danbury Fair Subdivision. Michener: I think that answers most of the questions that I had with the comments. Borup: I think the one and this maybe a mute point, but the applicant had asked a couple of questions and I think Mr. Smith's comments would take care of answering that. But he was wondering about the dedication of the additional four feet from the centerline. Karen did you want to comment on that or Shari? Karen Gallagher, ACHD, 318 E. 37"' Street, Garden City, was sworn by the City Attorney. Gallagher: Per our staff report there is no right of way that is required. We do need 54 feet from center line, our documents are showing that they have 54. Shari and I looking at the site plan it is not verifying that. If we do need four additional more feet we will pay for that right of way. It is an arterial and that will come through the impact fees. Borup: So for the applicant's question it may or may not be there so it just needs to be verified on the site plan? Gallagher: Correll, if we do need right of way we will pay for it Meridian Planning & ZoniTig Commission • June 10, 1997 Page 31 Borup: I guess maybe one other question white you are up there. The cross access agreements to the properties to the east, south and west, I assume that is something you would like to see on the plat at this time also? Gallagher: We have requested only the cross access to the south in our site specific number 1. That what the only one that we see we could, don't we have the Five Mile, we have the drainage on the one side so we really didn't see the cross access was going to be feasible over that. To the south was something that we could definitely work with and eliminated an access point to Fairview and we already had the existing day care on the west side and it is already developed. We tried to see when things are going to redevelop, what really is feasible for us to get a cross access to work and we didn't see that redeveloping. So we only went for the cross access to the south as being a realistic option. Borup: Thank you, did you have some additional comments? Michener: I was just going to answer any questions. Borup: Any questions for the applicant? MacCoy: (Inaudible) I wish you would have given us a map, plan, layout etc. that would have given us an elevation. What you show us here leaves a lot to be desired. It puts me in a position where I have to ask you what is the height of the building, what is it made of, etc. Michener: Do you want me to go into it? I don't have an elevation. MacCoy: Do you know where Michener: We have currently spent $2000 redoing the plan up to this point. ACHD requested a single curb cut so uve v~rent back and redrew it. We spent a considerable amount redrawing it to meet the previous hearings. We have not done a full set of plans, we are not going to do a full set of plans unless v~ get approval. We can do a front view showing the color scheme. MacCoy: That is what 1 am asking for, something that gives us some type of feel for this. Michener: We can do a color scheme, basically it is going to be mason block designer color I guess with raised block around banded color. Basically front glass retail, we have talked to several retail users they all want glass and frontage visibility. Like I said Mason Block height, your typical 8 foot 10 foot interior ceilings. Another 4 foot probably for duct work and access and a roof height of, I don't know probably flat we haven't really got into the type of a roof. We are just now starting to talk with builders, block seems to be the latest thing that everybody wants to build these days. So it doesn't sound like you want a metal building out there. We don't like metal buildings either. We Meridian Planning & Zon~g Commission • June 10, 1997 Page 32 could definitely do a color schematic. We didn't know if we needed to put forth more dollars not knowing whether we are going to get our rezone for starters. MacCoy: It doesn't have to be something real fancy either but you could have even done it with a sketch and done a water color wash or a pencil wash or anything else to show that to us. Michener: The main two factors that we are going after is probably the rezone, 1 think it fits your comprehensive Plan, we are not really trying to step out of the bounds, there is definitely a demand in Meridian for retail space. We do a lot of leasing commercial real estate is what we do, leasing and sales of properties. There is a high demand for retail space right now. I don't know how many projects you have heard lately but I am sure several. This is a prime property close to downtown and we have had significant interest for retail type users. We need to make sure we can get it rezoned before we start going too in depth on plans and what not. Borup: I might just mention item #8 is just referring to the rezone. The next item is pertaining the conditional use. Normally we kind of overlap that I the testimony. MacCoy: You mentioned the concrete block wall which you must have received the letter from Ross the owner of Elm Grove trailer park. Michener: Yes I reviewed that. MacCoy: You can understand their reasoning for the letter. Michener. Yes I can see a visual barrier six foot, I don't know how much sound barrier block wall is going to do. I don't know if we can put these block walls every commercial development in town whether that makes sense or not. MacCoy: We are talking about this one right here. Michener: We can review, we don't have a problem with building it along the side next to the mobile home park where the residents are. The question would be whether or not going east and west across the back of our property not knowing what the next property owner is going to do to the south. They are not having that same request I guess. MacCoy: This has got to do with the trailer park, you have to understand their view point. I was just wondering since they spelled out what they were looking for what you felt about it. Michener: We are just starting to see more and more of that with commercial development requesting for sound and visual barrier walls. So it is not out of the norm, it would be nice to split it 50/50 on the cost obviously, a good neighbor fence. Meridian Planning & Zon• Commission • June 10, 1997 Page 33 MacCoy: Well that is between you and them. This Commission though would like to see a barrier wall because we worry about the visual part and we worry about the sound with your neighbors. Michener: I didn't see where the Commission requested, I just saw the letter. MacCoy: That is true, that is the reason I am bringing it up. I am wondering one did you have a copy of the letter and two what your feeling was. Michener: Again we don't have a problem with the boundary between us and them on the west side. It is requesting the east, the southern most property line of our property why that additional needs to be done at this time. MacCoy: Do you plan to meet with the owner? Michener: Yes we can, this is the first I have ever seen of this letter. MacCoy: Well, looking down the road here I think it is going to be a point of issue for us Michener: It kind of describes in the letter what he requests and maybe to clarify we would need to request what you are asking for and that would come in obviously facts and findings. I don't know, typically are you going to put all the way from Fairview, all the way to the back of our property. Do we stop there or do we do one across the southern border of mine. Do we extend it on to the south even longer for the south property owner. I don't know, we just need to clarify that. MacCoy: I would suggest that you might want to talk to our staff people. Michener: Right, it just hasn't been addressed yet in this. MacCoy: It will come up. Michener: Right and I don't think we have a problem with it. We are still on the rezone here aren't' we? (Inaudible) Borup: Yes we are and I, it sounds like the Commissioners may have a lot of questions concerning the conditional use and maybe not so much on the rezone. I am wondering if we move things along a little faster if we want to maybe handle the one and then. Michener: That would be my preference is to address the rezone. If this sort of a use is fitting this property. Meridian Planning & Zon• Commission • June 10, 1997 Page 34 Borup: (Inaudible) it sounds like there are a lot of questions on the other, but we are still on a public hearing on the rezone. Fitzgerald: We are on the public hearing on the rezone, that is primary issue at this point. Certainly there is in exploring what their plans are with the rezone you do have so to speak some overlapping with the conditional use permit. But the focus is on their application to rezone it to L-0, excuse me to C-G. Borup: I think I would tike to proceed on with the public. Smith: I just have one question, what is the property zoned south of your site currently and what is it proposed to be zoned in the Comprehensive Plan? Michener: It is one parcel right now on the map it shows that you should have in your package it is R-8. Right on the front of the application, the whole piece the whole parcel. Borup: Anybody from the public that would like to testify? Robert Jacobsen, 204 Sunrise Rim, Nampa, was sworn by the City Attorney. Jacobsen: I am the owner of the property that is directly south and we would not require a visual or a sound wall, at this time there is no reason for needing that. As far as any future use of what we are going to do with that property we do not have any set plans at this time. It is currently zoned as R-8 I am guessing that at some point in time we will want to ask for a rezone of that. But we do not have any speafic use designed for that property at this time. Borup: Any questions from the Commission? Anyone else? Loren Ross, 1383 Linderwood Drive, Meridian, was sworn by the City Attorney. Ross: I am the owner of the property to west and the comments 1 have made in the statement you have before you withstands or still stands, I feel very strongly about those. A couple of three questions I have relative to what I have heard tonight. One of them being, they are talking about a south or southerly exit. That is going to be a continuation right down my mobile home park in addition to what you see as a site plan there it will be another probably 300 feet which will affect another 8 or 9 residents. When we speak proximity we are talking very Gose proximity. The reason for the concern for a sound and site barrier of the magnitude I requested, I think everybody is overlooking what happens at the back of a building. Depending on the retail that they lease to you can have early morning or you can have late night. Either in freight or employees or possibly even in customers that initiates noise and initiates lights. According to the site plan that I saw those lights are going to go one way right into people's homes in a very close proximity. So therefore is why I require a fence going Meridian Planning & Zoning Commission • June 10, 1997 Page 35 east and west at the back of their property. I shouldn't say require, request. Some other concerns I have, under the terminology retail does that encompass restaurant or bar? I guess that is a question I would ask you. Because those are another type of if it is termed or within the realm of retail those are going to have probably an unusual amount of noise and unusual hours relative to the usual retail. But I would have a concern with what is going to be interpreted as a southern exit and where that intends to go. Borup: Have you seen the site plan Mr. Ross? Ross: 1 only saw the one that was mailed to me. And it did not reference anything going to the south as I recall. Borup: The access to the south, maybe just for information is along the east side of their property and that is showing future access for future development of the property believe. Ross: It is not along my borderline on the west. Borup: Not it is on clear the opposite end of the property. Ross: So it would be on the east portion. Well those are the main concems I would have and with that you also everybody else has my written comments and I would stand by those. Borup: Any questions from the Commission for Mr. Ross? Smith: Mr. Ross, is construction of a 6 foot high concrete masonry unit fence something that you would be willing to participate in the cost of? Ross: I wouldn't comment on that at this time, no. Borup: Is the, the site plan shows one trailer unit and maybe a part of another that is to the edge of their property, is that fairly accurate? Ross: Reasonably dose, the back of our building in fact there is a New Horizon day care play ground and I think the bads fence there would right at the 250 foot mark from the highway. So I would say am I correct that their site plan calls for about 300 feet back from Fairview? Well maybe that is the reason I drew that assumption because I know about where my lines are. Borup: Show that to Mr. Ross so he has the same reference that we are referring to (Inaudible) Meridian Planning & Zon~g Commission • June 10, 1997 Page 36 Borup: So you are saying the play ground is in the back of the Horizon building between that and the first trailer. Ross: That is correct, it consumes fifty feet. So what is not being shown there is New Horizons Day Care then there should be 50 feet of playground area and then your first mobile home. Borup: Is there any screening between the playground and the mobile park? Ross: Yes there is. Borup: A noise thing to keep the children Ross: Yes there is a, well two things happen there, number one the fence is a 6 foot fence and it has slats in which is a noise retainer. The other thing is those kids are not back there on a very much of an ongoing basis. They are housed most of the time and when they are not housed typically the day care runs about the same hours as working hours. By 6:00 they are atl out of there. As opposed to what could be retail next to us could run until midnight depending on what that is. Borup: Have you owned this property for a number of years? Ross: About 45 years. The other thing that I vwuld like to reference there when you speak in terms of leasing buildings, as you may be aware I have done that a few years myself. What you start up with is not what you end up with. Borup: That was my question, I was wondering what some of the previous uses of the building have been. Ross: It has been furniture for a lot of years, we did that and went from furniture to day care. Borup: Did you have something in between there for a while? Ross: No, a different style of fumiture, and a different style of day cares, a couple of three day cares. What I was referring to was the new development beside me. Believe me I am not against it, I just think it should have certain barometers put to it to protect surrounding property. What I am getting at, whatever starts out as a lessee doesn't always end up being the existing lessee. Things do change so that is why, maybe they would put in place of building that would be strictly an 8 to 5 retail situation which is quite workable situation. Three. years later that could change to be unless you have other restrictions maybe it could be a bar and restaurant. That is a whole different ballgame. Meridian Planning & Zoning Commission • June 10, 1997 Page 37 Borup: Maybe while you are here, Shari, Mr. Ross had a question earlier as far as what is allowed in the C-G zoning whether bars and restaurants are allowed in that without a conditional use. Stiles: A bar would be not a permitted use, it would be allowed maybe through a conditional use if this were rezoned to C-G. Restaurant is a permitted use in the C-G, I think that the City can place restrictions or at least have some design review as the tenants come in since we don't know what the use is except for retail. Any change in use would require that a conditional use permit be prepared for it. Their conditional use permit is requesting a retail only. Ross: But the possibility could exist is all I am saying? Stiles: Yes Borup: But it would have to come back for a conditional use. Does that answer your question then? Ross: I think so. Borup: Any other questions? Smith: I have a question for Mr. Michener then. Mr. Michener, do you have any prospective tenants lined up for this building and what type of uses do you anticipate? Michener: Thus far that we have talked to have been all retail, service oriented. No food, we originally had a drive through and two curb cuts, that has been changed. We pulled the drive through plan, that probab-y would have been a food tenant but we have yanked the drive through. No leases signed, so I guess I don't really have an specifics as far as who and what are going in there. Smith: No prospects. Michener: Several prospects. Smith: Any that conflict with an adjacent use where night time hours would be a problem. Michener: I don't know, that would be up to the conditional use permit again. Shari said each tenant would have to go (inaudible) Smith: I understand that, but I am more interested in getting an idea of who you have been talking to as prospective tenants to whether or not we can foresee that being an issue or not. Meridian Planning & Zo~g Commission • June 10, 1997 Page 38 Michener: I don't foresee any problems with noise or concern that way no. Smith: Based on the prospective tenants you have talked to? Michener: Two of the users were 8 to 5 users and one I believe was more of a 7 to 10 type of a user going into the evening a little bit later. But again nothing is signed, it is just a typical retail building it could be anything and they would have to come get a conditional use permit for it. Smith: Thank you. Borup: Okay, anyone else wish to submit any testimony? Borup: If not, do any of the commissioners have anybody else they would like to question? If not I would like to close this public hearing. This is item #8 on the rezone. We are going to need findings. Smith: Mr. Chairman, I would like to move that we have findings of fact and conclusions of law prepared for this application. MacCoy: Second Borup: It has been moved and seconded to have findings of fact and conclusions of law prepared on item #8,all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A MULTI-TENANT RETAIL CENTER BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: Hoyt Michener, 7009 Bellhaven, Boise, was swam by the City Attorney. Michener. Did you have more questions? Borup: Would you like to Fitzgerald: He could request that his testimony be incorporated. Borup: That is what I was trying to say, would you like to request that your previous testimony be incorporated into this hearing? Michener. Yes, I would like to request that all of the previous comments on the rezone also be incorporated with the conditional use for item 9, public hearing. Meridian Planning & Zoning Commission • June 10, 1997 Page 39 (End of Tape) Smith: I can't even begin to act on this plan it is so vague, there is nothing on there that indicates to me what the building is going to look like. I just can't understand why you could come in here and ask for a rezone and a conditional use permit when we don't even know what you are proposing the building to Zook like. As far as the cost associated with it, that is just part of doing business. And I would think that if you want to come in here and sell us something you would go and use the tools at your disposal to sell us a product. I don't see that here and I don't see anything, this site plan is so vague there are 25 comments by staff requesting additional information, clarification. I can't in good conscious act on this application for a conditional use permit based on the information that has been presented to the information. Michener: I can probably agree to that statement, but my understanding was this was a public hearing for public comment and to review the comments that all the different agencies have put forth. Smith: My comment is what are we supposed to comment on? Michener: Well I could have done a full blown drawing prior to these comments but I just got the comments three days ago. This 1 would have probably had to change the look to meet these comments or say I am going to redo it again and redo it again. We would be happy to meet all of these comments and concerns and draw a schematic to I guess sell it to everybody. It is basically going to be a block building with glass front retail building. 1 am not trying to I guess sell anything or we are not going to make it neon pink. I am sure that I have to meet all of those with the conditional use. I guess it was my understanding this was just a public hearing and we are trying to get through the rezone and to get these comments and understand what everybody's concems are. Smith: My concern is what does it look like, what is it built out of, how tall is it, what are the colors. What is the landscaping, what is the parking lot, is it asphalt, concxete, I don't know any of those answers. Michener: If that drawing is required for this public hearing then I would have had it prepared. But it really wasn't a request for the public hearing meeting. I have got all of the landscaping requirements drawn and shown to scale and the parking spaces and the access. I redrew it to meet ACHD's needs. Smith: There are no dimensions, there is no notes on here telling what the landscaping is. I am not going to sit here and debate it with you, the information is not here for me to make a decision on whether or not to approve a conditional use permit. Borup: Anyone else? Meridian Planning & Zon• Commission • Juhe 10, 1997 Page 40 Michener: I just have a question, are we jumping to facts and findings and an approval like on 2 and 3? Borup: On the conditional use? Michener: Yes, like 2 and 3 and then 4 and 5. Borup: No, I think that was anticipated, the others were for a time frame. I think it was also anticipated that we needed the comments and information. Michener: I would be happy to prepare that for next time if that is. One quick question, the dates I had from Dean and Shari aren't, I guess you said there are a couple of other meetings or another meeting. I would like to clarify what dates the meetings are and when I need to have the next drawing read. Borup: I think it would be on the agenda it would be the July meeting. Michener: I had July 8 for facts and findings, is that not correct? Bourp: Yes, July 8 would be our next schedule meeting. Michener: You said June 19~' for somebody else? Borup: We had a heavy load this month and we needed to have two meetings. Michener: Is there anyway possible that I could get onto that one? Borup: I think that agenda is already prepared Michener. I guess the other guy got on 1 was just hoping that I could get it redrawn and prepared to review. It v~rould be the facts and findings on the 19"' instead of the 8"'. We are just trying to move a little Borup: We have facts and findings on the rezone for the next meeting for the July meeting, the next regularly scheduled meeting. As far as the conditional use it hasn't been decided yet, no action has been taken yet. Michener: I have just requested that I could be aware of those dates so that I could prepare whatever drawings that you would need before that date. I just had these comments a couple of days ago as far as preparing any additional drawings. Borup: Anyone else from the public wish to testify (Inaudible) Meridian Planning & Zon• Commission • June 10, 1997 Page 41 Fitzgerald: If you want your testimony incorporated into this public hearing yes you should. Loren Ross, 1383 Lindennrood Drive, Meridian, was sworn by the City Attorney. Fitzgerald: You can just request that your testimony from your prior public hearing be incorporated herein rather than going through and repeating. Ross: I would request that my prior testimony be incorporated into this particular conditional use permit part of the agenda. Thank you Borup: Anyone else want to offer any testimony? Clarification for Mr. Michener, the next regularly scheduled meeting was the July 8~", the one that we did include in for next week was one that we originally intended to have the findings on tonight that was just doing a brief amendment on them. So that was the only one that was continued believe for next week. We did have a full schedule of hearings so it would not be possible to get that on the agenda for the second June meeting but you would be on the regular scheduled meeting for July. At which time vre would have the findings on the rezone that is to be decided yet. (Inaudible) some discussion among the commissioners, one of our options is to continue the public hearing and ask for the additional information or we can close it and try to develop findings with what information we have at this time. MacCoy: (Inaudible) there is nothing here to make a decision on. Manning: Do we table it or just leave it open to the July meeting? Borup: We can continue the public hearing to the July meeting. We need a motion for that. Manning: So moved Smith: Second Borup: Any further discussion? I assume in that motion you are asking the applicant to bring the additional documents. Smith: Just a couple of specific things, Fairview Avenue elevation would be helpful. Dimensions from your property lines to your building. Any other building height dimensions, building materials. Maybe you addressed the staffs comments on the landscaping, you can call that what the trees are, turf areas, paving, just a schematic document showing your design intent from a site planning and a building perspective and a building elevation would show that. Borup: Is that clear Mr. Michener, any questions there? Meridian Planning & Zoning Commission • June 10, 1997 Page 42 (Inaudible) Borup: So we are continuing the public hearing to July 8th, (inaudible) one other comment for the applicant. Would you also be able to include response to staff comments? The previous letter you referenced to if that could be included on that. I believe we are ready for a vote, all those in favor? Opposed? MOTION CARRIED: All Yea Borup: I had meant to ask Mr. Michener, do you know at this point at about what date you could have that in so there would be time for staff to review it prior to the meeting enough time. (Inaudible) Borup: Well I think specifically staff comments response to staff comments, is there some additional stuff you would need prior, did you understand the question. What we are trying to do is a date for the applicant to get the information back from staff, so you have a chance to review it before our July 8th meeting. Stiles: The packets are typically prepared the Thursday and Friday prior to the meeting. Borup: Does that give you time to review? Stiles: If he meets alt of the requirements that we have outlined in the staff report I don't think that we would have a problem. We would need to review it to make sure that they did meet all of those requirements. Borup: So you are saying if they comply with (inaudible) Stiles: The elevation and the building details would tie more of a Commission action. Borup: Would that fit in with (inaudible) Stiles: What she is saying is she would like it maybe by Wednesday prior to the meeting. (Inaudible) Borup: Well that would still be fumed in here and then (Inaudible) Meridian Planning & Zoning Commission • June 10, 1997 Page 43 Borup: Normally the comments would be in a week before the meetings so the Tuesday before so that would be July 15t is that the proper date? Thank you FIVE MINUTE BREAK ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 48.7 ACRES TO R-4 BY WESTPARK CO. - E. OF LOCUST GROVE ROAD, N. OF VICTORY ROAD: Borup: Is the applicant or his representative here? Van Elg, Briggs Engineering, 1111 S. Orchard, Boise, was sworn by the City Attorney. Elg: I guess we are here for the annexation request, Becky Bowcutt is in route, she is probably over Nevada right now in an airplane. She was to be here tonight so I will fill in as best I can. The annexation request as I understand it is an existing RT zone with the request to R-4 zoning. The surrounding zoning is compatible with surrounding zoning in Los Alamitos and Salmon Rapids and is contiguous with the Salmon Rapids project and that is the route for the annexation request. According to the comprehensive plan it is compliance, it is an excellent transition are for annexation of this type. We can get into the lot size requirements in the next application I suppose. The proposed density for this development is 2.87 dwelling units per acre which is consistent with development in the Locust Grove area. It is consistent with the comprehensive plan also in that it is right for rezoning and eligible for rezoning if the appropriate services are available. In this case sewer and water will be made available to this property. It is identified on the comprehensive plan map for single family use which this development will use. With that I will open myself up for any questions for the annexation and rezone. Borup: Any questions from any of the commissioners? MacCoy: We have seen this property before. Smith: I haven't seen this before. Elg: It used to be called Highland Ranch, 480 some odd units I think it was. Smith: Get me up to speed with the rest of the guys here. You walk me through what you are proposing to do there. What, the greens space and so forth. Elg: I think we will probably cover that in the next application. Borup: That is what I was going to ask Commissioner Smith is do you feel comfortable for waiting for the preliminary plat hearing or is that something you want covered before we move onto the rezone? Meridian Planning & Zon• Commission • June 10, 1997 Page 44 Smith: Are we annexing in based on this proposed plan? Borup: Normally I guess the questions have been pertaining to the development so don't think it would be inappropriate to continue along those lines. I think that would be fine to go ahead and explore the preliminary plat aspects. Elg: So we could be combining items 10 and 11 then. Borup: As far as testimony yes, they are still two separate items but yes. Elg: I will launch right into the preliminary plat which would be item 11 for purposes of discussion and testimony I guess. On May 8"' a neighborhood meeting was held in accordance with Meridian's requirements. Becky Bowcutt attended that meeting. I believe she said that 6 people attended the meeting from the nearby area. She followed up with a letter to Mrs. Coonse I think it was which addressed fencing and the right to farm. There is some concern about farming and the status of farming out there as development moves outward. As is consistent with development along the fringes. The applicant's of the developers have agreed to provide a perimeter fencing, non- combustible six foot high fencing around the project. They have also agreed to provide a statement on the face of the plat which is Idaho Code 3801 that talks about the right to farm. Those of you who may not be familiar with that it just states that in a nutshell that the people upon purchasing these lots recognize that farming is something that needs to be dealt with and they agree not to complain about that basically when a tractor is run or there are obnoxious smells that might be associated with that. In any event that is what the right to farm act statement will do on the face of that plat. So if they come calling to do and say you have got to do something about this stinky situation you can point their nose back at the plat and say you bought into it buddy. Another issue, is Becky has addressed the conditions or the staffs comments as is consistent with the normal application we receive a set of general comments back from staff from Planning or the engineering departments. Becky has gone to great length. to address each of those items one b~r one and you should have a copy of those on file. The letter was addressed May 28 h to Bruce Freckleton and to Shari Stiles. I assume that each of the Commission members, did they receive a copy of Becky's comments? Great. One of the comments addressed the fact that about bridges. Let me go over to the map here. There was a comment in staffs report that addressed a bridge across the Ridenbaugh Canal. We have discussed that at length with ACRD and 1 discussed it this evening with Karen Gallagher who was sitting here in the meeting on a ceuple of occasions. She had indicated clearly and I also read ACHD staff report that a bridge, they do not support the bridge crossing on the Ridenbaugh for a couple of reasons, actually 3 reasons. Number one they want the bridge further to the north. Number two the topography of this site doesn't lend itself well to constructing a bridge there. This site is lower than the site to the west or the west. Number three the cost of constructing a bridge for this development is estimated at $300,000 to $500,000 which for 140 lot residential subdivision is pretty difficult tad to swallow and spread across those lots. The fourth item related to that would be that ACHD simply does not want to maintain a Meridian Planning & Zon~ Commission June 10, 1997 Page 45 bridge in that location associated with constructing a bridge right there. They are required I believe, I have not seen engineering plans but I believe that there will be another some sort of a crossing right here. So they are already going to be constructing another sort of a bridge or crossing right there across the Eight Mile Lateral which skirts the south and west boundaries of the site. The site is also skirted as you can see over on the east by the Ridenbaugh and that is where the ACRD doesn't want the bridge and then the Nine Mile Drain, you can't see this very well here but (inaudible) what the owners and our engineers propose to do with that is leave that ditch open, there have been some comments from I believe the Bureau of Reclamation indicating that they prefer to leave that ditch open. Leaving it open adds some, there are some obvious benefits to that in that it helps take any high ground water and drain it off the area there. What they would like to do (inaudible) relocate that Nine Mile Drain within that open space area that and that is one of the purposes for open space along that eastern boundary there. It will be parallel with the Ridenbaugh Canal (inaudible). Becky's comments address that also. We also discussed the bridge crossing, there was concern that the bridge was necessary for life safety. Becky discussed this issue with Kenny Bowers at Meridian Fire Department and he indicated it wasn't necessarily, he wasn't requiring it. It was necessary in his view. Traffic, we addressed traffic through a traffic study as required. PatriG< Dobie provided that study to us and indicated that it would be about 1300 trips per day, a little over 1300 trips per day generated with this development at full development. The information was submitted to ACHD for review and inGuded in many of Mr. Dobie's comments were inGuded in their staff package that was presented to their Commission. Ground water monitoring has occurred in the area. According to the individuals who prepared the ground water report, I am sorry I misplaced their name. The Department of Water Resources has indicated that their logs or their drawings and well log reports in the area tend to support a forty foot ground water out in that area. (Inaudible} were installed to monitor ground water in that general area and across the site. Little or no ground water was found that would be harmful to the development of this project. That doesn't preclude the fact that there may be according to some of the residents who are here tonight there apparently are some surface ground water problems that will have to be adequately addressed. The Ada County Engineer, I don't know how many of you have seen his most recent condition of approval that he adds. Will John actually review drainage on this too Gary? 1 don't think he will, in any event we will work closely with Gary and we have John Priester the Ada County Engineer's recommendations on ground water problems. Where there is a potential of having ground within crawl spaces and basements. tt is a very effective document that we can use to help address this issue along with Gary and our engineers we will adequately address that. It may involve some filling, raising of sites along the northwest corner of the property and perhaps even along the southeast portion of the property where there is apparently some other surtace water problems in that area. In staffs comments Becky specifically addressed item A1, which asks that you add a condition of approval for piping variances if required. The Ridenbaugh Canal and the Eight Mile Lateral are both sufficient size greater than 48 inches in size. To qualify for that they be left open, if a variance is required Becky asks that you provide that as a condition of approval for this project. We will comply. Also we will be addressing the Meridian Planning & ZoniPfg Commission • June 10, 1997 Page 46 relocation of the Nine Mile Drain with Nampa Meridian Irrigation District and with the Department of Water Resources. Item B1, addresses sewer 1 believe and there was some concern I guess that we provide for sewer connection for the property to the north I believe this location her and this location here. We have a (inaudible) Stoppello property to the north. Item B3, Becky also asks that, we will probably need to enter into a late comer agreement for this project for sewer. Gary would that be appropriate to address as a condition of approval or do we simply address that as a separate issue later on? Eng. Smith: Mr. Chairman, Commission members, Van, I think it is best addressed at the City Council level. They are the ones that actually approve the entering of a late comers agreement and basically they can do that conceptually but the actual approval of late comers agreement won't happen until there are hard costs. Elg: Okay, we have been through that before. Item 63, there was a question about the location of the irrigation facility as required by Meridian City ordinances this site will have pressurized irrigation. The proposed pump location, I think Becky submitted a new site plan or a revised preliminary plat. You will see down in the southwest corner of the site a little box with an x in it, that is the at this time that is proposed location for the pressurized irrigation pump facilities. That will be negotiated with Nampa Meridian Irrigation District. (Inaudible) 612, we discussed there was some concern about a block length requirement on South McKay drive which is this area here, I believe the culdesac length was 4501ength and that has been revised and addressed appropriately. There is apparently another condition of approval or a staff comment regarding block length. That is item 11 on about the third page of the response sheet. It says blocks 1, 2 and 3 and 7 exceed the 1000 foot block length. Shari 1 don't know that block 1 exceeds that but that is one right off of East Lake Creek Street, that doesn't appear (inaudible).. Then I guess it would be appropriate, I was caught off guard with this condition as I was sitting in the back. Shan has this been addressed to your knowledge? Stiles: On number 1 yes, the remaining blocks still addressed the 1000 feet. Elg: Two, three and seven, I will read Becky's statement on this then. Blocks 2, 3 and 7 exceed the 1000 foot block length. The unusual configuration of the parcels limit 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. (Inaudible). There again if we were to provide a stub street or to limit that block length we would have to build a bridge there and provide another stub. Block 7 abuts the Ridenbaugh Canal and two micropath connections have been provided in this block to a proposed pedestrian bridge. I didn't follow up on that previous comment. When ACRD as recommended or didn't support the bridge across the Ridenbaugh canal it should be pointed out that they do want us to provide or contribute to the trust fund for a pedestrian bridge across that canal so it will provide for intra-neighborhood connections even though there won't be vehicular access there will be pedestrian across that bridge. That is an important element of the plan I believe. At a future date when the eastern portion of that site or on Meridian Planning & Zon1Tg Commission • June 10, 1997 Page 47 the other side of the Ridenbaugh develops to the east they will be required to contribute the other remaining half of that pedestrian foot bridge. Two micro paths are connected or connections have been provided in this block to a proposed pedestrian bridge there along the Ridenbaugh. The intent of block limitations is to minimize the walking distance between blocks. We believe the micro path connections to this block provide the connection. Locust Grove entrance has been relocated to align with Lake Creek Street in the proposed Salmon Rapids No. 4. This was a concem in previous applications, I believe even in the Highlands Ranch application if I recall. There was a proposal (inaudible) and I think it is probably obvious why that was intended. It probably (inaudible) or minimize some construction there. The property owner to the north was concerned with that and concerned that he also obtained a stub street from what I understand and we complied with both of those requirements. And aligned the street with.this road in Salmon Rapids. With that I believe that I have addressed or at least hit on many of the issues that may concern you and or staff. I will try to address any questions that you have. Borup: Any questions from the Commission? I am still a little confused on Block 7, it says it abuts the Ridenbaugh canal. (Inaudible) Unless our plans are different (inaudible). Stiles: When that new stub street was added you got a new block number. Elg: Right, I just noticed that, uve have block 8 up here and block 8 here. Stiles: It is adjacent to the Ridenbaugh. When the revised plat was submitted they put this stub street to the Shipley property it made that a block so they had to renumber each of the successive blocks. Elg: (Inaudible) Borup: Really I think from my standpoint I would have a question for Shari then how many of these concerns have been answered. Are there still some concerns on block lengths or did Becky's comments answer those? Stiles: They have addressed those in their response but they still vwuld need to have a variance on the block lengths because they exceed the block length. As well as the variance on the tiling of the ditches even though they meet the criteria the ordinance is the all ditches, there is no set number. So they still would need to apply for that variance. Borup: You feel comfortable with their explanation with their compliance as long as they proceed with the variance request. Stiles: If they proceed with the variance and get the variance it is fine. Meridian Planning & Zoning Commission • June 10, 1997 Page 48 Borup: That probably takes care of a lot of questions I might have had. Elg: I guess what I would ask then is that we include that as a condition of approval. And that variances be submitted and obtained. Borup: Any other questions for the applicant at this time? MacCoy: On the south side of Victory Road, I remember before we had a road go around (inaudible) traffic pouring out there on Victory. Do you have an entry lane design so that cars can get out of this project onto Victory? Elg: I believe that staff's recommendations, ACHD include a left turn lane on Victory minimize any tuning movements on Victory. Mr. Dobie's recommendations and those of Road into the project for stacking to help MacCoy: I know we had the pedestrian bridge before (inaudible) automobiles and foot traffic. Is there also an entry lane over for the Locust. Grove? Elg: I don't believe there is one there, although ACHD's requirements are that Locust Grove be built out to a 6 lane road if I recall which would provide for turning movements there. We have to provide dedicate enough for a 90 foot right of way and it seems like it was a 47 foot street section, it is for 6 lanes is what they are anticpating on that one. So that would provide for turning movements there. MacCoy: Do they give you any time setting for them? Elg: For the construction, no, MacCoy: We are looking at Locust Grove being expanded (inaudible) Elg: Let me see if I can address that, this is in a letter from Becky to LouAnn Coonse, she says you had questions concerning the future road improvements on Locust Grove and Victory Road. Ada County Highway District Plans on rebuilding Locust Grove from Overland to Victory in 1999. This project would include reconstruction of the bridge over the Eight Mile Lateral. The project is currently listed in ACHD's five year construction plan. However no funding has been allocated to the project at this time. Proposed future right of way width for Locust Grove will be 90 feet with a 70 foot road section. So Victory Road construction is not in the ACHD five year plan, the road will be improved in the future with a 90 foot right of way and a 50 foot road section, 4 lanes. MacCoy (Inaudible) Elg: Locust Grove will have 5 lanes in 1999. MacCoy: (Inaudible) Meridian Planning & ZonTfg Commission June 10, 1997 Page 49 Borup: Anyone else, any other questions for the applicant? Smith: I am curious how this green space evolved. It kind of looks to me like somebody shut their eyes and threw these greens dots on there and they just kind of landed there. Elg: There is no question that there is some green space that occurs that way, but you have probably seen a lot of it. We are trying to create a buffer along the Ridenbaugh canal there, we know that we have to deal with the Nine Mile Drain over in that area there. That is a given of why we have the green space over there. We have a green space in the middle which will be identified as a common area. That is designed for drainage purposes. Becky has reviewed that with our engineers to try to accommodate drainage throughout the site to that to handle storm drainage. The other green spaces there, here is another drainage lot up in this area here. These other ones are simply identified as landscape areas that the homeowners association will maintain. This one you can see is a little bit larger than the others one, it is being reserved it is not ident"rfied right now but it is being reserved for potential drainage their also. Smith: So the homeowners association will maintain all of those areas. This kind of leads me into my next comment. The letter from the Meridian School District specifically statement Mary McPherson elementary is at 119°k capacity. This subdivision will cause increased overcrowding in all three schools which they are talking about Mary McPherson elementary, Lake Hazel middle school and Meridian High School. What are you proposing to do to address that? Elg: We aren't at this time, we encourage developers as they approach us we let them know this is an issue. The school districts would like to address that would like to have the legislature address that issue through the means of impact fees or something. Mr. Borup is probably well aware of that situation. We have been in numerous meetings with the school boards where they discuss their concerns and try to address the problem. At this point we have no response for that, that is their standard form letter that they send out for every subdivision be it 2 lots or 200 lots. But Smith: This is pretty site specific, they may have a standard form letter where they might say it is going to impact their schools and it will even if it is 2 lots. I guess I am just kind of disappointed that this seems to be an application of business as usual we are not going to do anything more than the minimum that we are required to do by law. So therefore that is the way (End of Tape) Elg: (Inaudible) 5 to 12 acres of site by the time you put up a school area and a park, if required. It simply doesn't make sense to dedicate that kind of acreage on every project that comes in even 'rf it was a 2 or 3 acre project there still has to be some sort of reason to the madness I suppose to dedication of property to accommodate school facilities. Even though we may have wanted to dedicate, even if this developgr said I would like to dedicate 5 to 12 acres of property to you for school building they may not have Meridian Planning & Zon~g Commission June 10, 1997 Page 50 accepted it, it may not have been a piece of property that they wanted to develop in such close proximity to this school. That is something that your comprehensive plan map I believe addresses as far as potential locations. The school districts are certainly trying to address that issue where the best and most reasonable school locations would be. Borup: Are you familiar with the current school siting, I know they had one site there and they were talking about a second. Has that second site been or do you know? Elg: The one across the street? Borup: The one to the north? Elg: I am not familiar with the second one. Borup: Is there another one across the street? Elg: Well I was thinking there is another one on Victory and Eagle. Borup: An existing school or a new site? Elg: A new school site. MacCoy: At one time you were talking about people before you up I the northeast comer betting part land there and then the developer north of you was going to give the other part. I know that the school board came in and they chose to go, that was okay at the time, but they chose to go up to the comer of Overland and Eagle for an elementary school and that is where things stand at this time. Of course no money , no plan no anything. They put their (Inaudible). Smith: I don't mean to get on a soapbox here because I could be here for quite some time. The only other question I have is what were the parameters that lead you to develop this parcel to this particular density or proposed developing to this particular density. Elg: I have to admit that I don't know that, Becky would be the one who knows that. She designed it with our engineer. 1 might point out though that the R-4 zone allows for a minimum lot size of 8,000 square foot and the vast majority of these lots are considerably more than 8,000 square feet. Many of them are 9,000, 10,000 square foot range or more. So as you can see they are not maximizing the density at 2.87 1 believe it was dwelling units per acre in the zone. They are trying to provide instead of your standard postage sized stamp lots we are providing a little bit larger lot. Perhaps a better product is what we are hoping for. Borup: Any other questions at this point? Meridian Planning & ZonT~g Commission • June 10, 1997 Page 51 MacCoy: There was a discussion the past time we looked at this land or in the southeast corner general area. The developer providing land for a fire house. (Inaudible) have you entered into anything else at all. Elg: No, nothing. In Kenny's comments I didn't see anything about that either. MacCoy: I know we are talking about one down at Hickory Corner. Borup: Thank you, this is a public hearing and we appreciate the patience of everyone here. I think you can see why we split half of our testimony to next week instead of trying to do it all tonight. I there anyone here from the public that wishes to testify? Rhonda Coonse, 2000 East Victory, Meridian, was swum by the City Attorney. Coonse: I just have comments that I want to go down on record. This may or may not be the appropriate time but I don't know when. So I saw the public hearing and thought I would come. I moved to Meridian, we moved to Meridian a year ago in February from southeast Boise and I love it here. I am not farming but I am farming but 1 am really enjoying some animals that I couldn't have in the City. I just have a couple concerns, 140 houses to me means 280 cars coming out on Victory and Locust Grove. That much traffic on Locust Grove and Victory there is a 4 way stop right now there. I am kind of wondering about the traffic and perhaps a light. Mr. Elg mentioned Nine Mile Creek (inaudible) the property is (inaudible) I am concerned about moving that irrigation water so that I don't get irrigation. The water comes across Victory right here in a small drainage. It is a very large open pond with power here that we have (inaudible) sprinklers off of that. Then the water comes along (inaudible) 1 talked with the developer because the (inaudible) open water is eroding my fence posts all along here. 1 realize he can the that but my concern is that pond. The third concern that 1 have is with the fence and you mentioned the non-combustible fence. He said I had a choice and I want to go down on record I would tike a 6 foot privacy vinyl fence (inaudible). I guess that is really about it, those are the only comments. But the water really does bother me because you don't see this at all. It is just an open pond with a pump that I am irrigating water out of. Then I haven't seen (inaudible) Thank you Borup: Any questions? Smith: Is your concern about the pond that you will still be able to access irrigation water from it? Coonse: Yes, they just came in this Spring, I don't know who did this but they and I don't know if this is Nine Mile, it is not the Ridenbaugh but I don't know if this is the Nine Mile. They actually brought some back hoes in here across Victory and laid down a bigger culvert here. They have had problems apparently in the past, I have only lived here for a year, a little over a year. They have had problems here with the water backing Meridian Planning & Zo~g Commission June 10, 1997 Page 52 up into, there is a huge farm over here in the fields over here. I believe they put in a bigger culvert here but this water comes through here and it sits in a good size pond there. 1 am afraid, I can understand he can (inaudible) how do you the a pond. Borup: I have a question, is the pond on the other property? Coonse: It is right down the middle. Borup: The pond does show on our plat but it doesn't show it, it shows it on your property, other than maybe (Inaudible) Is that straddling the property also? Coonse: The fence line goes actually (inaudible) fence line really (Inaudible) Richard Wade Coonse, 2000 East Victory, was sworn by the City Attorney. Coonse: I think what she is trying to say is (inaudible) This is the back side of our property, right now it is a pole barn fence, It comes straight down and that pond is right in this corner here and our fence cuts across diagonally here. Half of the pond is on his side half is on our side. This pond irrigates our 6 acre pasture and also our two acre property. It actually is our sprinkler system to our lawn. So it is pretty important that we have water access. We don't know how this stuff works, I am sure the developer has it where we still have to have that water coming through there one way or another. That is just a concern of our. I think what she was talking about the other concern was I believe this is so narrow here on Locust Grove Victory is a little wider but it looks like to me right now there are only two exits coming out right here there is going to be a lot of traffic and congestion once this is fully developed rf they don't do something over here or have another access. It is going to be really tough. Right now it is 50 miles an hour along Victory and that will probably slow it up to maybe 35 miles per hour. I think most people will go down Victory to Eagle and cut across and hit the freeway and head toward Boise, I think that is the way most people work. So we are going to have a lot of traffic right here in front of our place. And I think that was the other concern she was talking about. That is all I have, any questions? Borup: Anyone else? Ruth Fritts, 2384 East Victory, Meridian, was sworn by the City Attomey. Fritts: I have a concern on the traffic also. We were told that in their census that they prepared that they were figuring 10 trips per day per household coming out of that subdivision. Figure two cars, two people, to and from back and forth to the store once they got home, take the kids to soccer practice, come back. Smith: Excuse me who are you referring to when you say they? Meridian Planning & Zon• Commission June 10, 1997 Page 53 Fritts: Briggs Engineering, this is Becky Bowcutt. So again as the other people mentioned your freeway access is through Victory, not off of Locust Grove until they finally do something with Locust Grove. My other concern was in a letter we received from Briggs Engineering they addressed the restriction of one story homes on two adjoining lots adjoining Victory and 6 adjoining lots adjoining the SE comer of the property which is our property which is right here. The developer has agreed to specify single story restrictions to preserve the adjoining neighbors view corridor. That had not been addressed tonight. What they were talking about the Ridenbaugh about building up those lots if you build up those lots you might as well have a two story house. So that is a concern of ours. Smith: Excuse me, the site slopes off quite a bit to the east. Fritts: Yes, it is these adjoining lots here (inaudible). That culdesac right now is a swamp, you cannot drive up there. The Ridenbaugh leaks into that property area, we don't have to irrigate up there at all. I don't know what they are going to do as far as drainage there to get rid of that so they can put houses in there whether a drainage pipe will take care of that. But that is a concern there. Borup: Your house is fronting on Victory? Fritts: Yes sir it is. Borup: I was just curious how far away those lots are from your residence. Fritts: They are going to be about I would say 300 feet from our house. There is a 200 foot pasture area, there is probably another 100 foot to our house. They have in their letter that they have agreed upon a 6 foot chain link perimeter fence, I would like to know if that is the only fence that they are going to put up since we have livestock out there. Am I going to have to go out there and clean the fence when the neighborhood adjoining is complaining because my livestock is pooping in their yard. The other concern was in that census they were talking about that Briggs Engineering was talking about on the roads in the year 2000 I believe she said that there was going to be 5500 cars pass on Victory Road. That is a lot of cars for that area when there has been no money allocated to widen that road. It is currently a 2 lane road at the moment. That is all the concerns that I have. Borup: Any questions of the Commissioners? Anyone else wish to testify? John Shipley, 2770 South Locust Grove, Meridian, was sworn by the City Attorney. Shipley: Commissioners, this isn't the first time that this situation has cropped up. It is getting better. But it has been about 4 years and 1 am pretty well (inaudible) My property is 195 foot frontage and it goes clear back here to the Nine Mile lateral. So that Meridian Planning & ZonTfg Commission • June 10, 1997 Page 54 means that this whole property of mine here will be houses on my property line. I have about 5.2 acres in there and I raise some cattle. Mostly a summer cattle grazing situation. This property line here is also a drain ditch even though nobody has ever addressed it as a drain ditch. It is a farmers drain. Our water from the Eight Mile Lateral here pops out somewhere here in a weir box. It comes across their property and dumps into our frontage ditch here which services four or five other properties baGc there. It services Mr. Babbitt's property next to mine and Barker's (inaudible). I want to make perfectly Gear that we need to not have our water rights infringed or the way it comes out of the canal weir and everything needs to be piped or do something to this area right here. Approximately somewhere about there is one of them little white pipes that they take water level on. Last January I happen to see the man taking the water level there and noted that it was 6 foot at that time in January when the canal wasn't running. If some young people buy a lot there and build a house there they ought to be protected ahead of time for that situation so that this will probably have to be piped. This is the Nine Mile Drain right here. It will probably have to be piped there and we wilt make sure that the type of fences that are put in there are non-combustible because I do bum my ditch line and fence line and my ditches and stuff in there. I wouldn't want to have those people buy all these lots here and build alt their nice houses there and get mad at me. That is going to be quite a few of them isn't it because it runs water there all summer long and dumps in right here at this point into the Nine Mile. When 1 irrigate my land because the geology of the area is river roGc you get a subterranean flow through. I ducks nest along here along the baGc of these properties because there is water there all of time. It is water and I can prove it by the basement in my house is a swimming pool all summer long because when the water comes in the Eight Mile Lateral three weeks later I have water in my basement. It has been that way for the last 24 or 25 years that I know about. The previous owner had the same problem. We have high water so we need to probably protect those people that are (inaudible) whatever way the engineers can do it. Yet, when they monitored my well all last summer I have a well that was put in 1897 and I have a newer well that was put in 1951 or 5 or somewhere around there before I moved there. The 1897 well they monitored it all last summer at 40 feet. My well that t, it is over Loser to this property, that I pump off of is only 45 feet. I have water there so we know that the cattails are growing here. and all of those things are absolutely something that exists when high water exists. For all intensive purposes this is fine for me because when I want to subdivide later 1 will have a place to access this. When the guard rail on the canal up here blocks my view my driveway is right here and if there are a lot of people coming out then that guard rail gets into my sight pattern and it is pretty dangerous for me. My daughter's car has a bent up front fender right now on account of that. So we know it is dangerous. They are going to widen Locust Grove some time in the future to 90 feet. That will probably do away with that part of the Nine Mile Lateral and the Eight Mile Lateral that comes through there because they are going to have to cover it. Those are considerations that you people that are okaying this and everything some of you weren't here these other times. There was at one time a 37 acre school supposed to be somewhere over in here that Mr. Johnson was dickering with the school district about and he didn't negotiate it. One time he promised to buy my property in front of City CounGl and he didn't negotiate it. I never Meridian Planning & Zon~g Commission • June 10, 1997 Page 55 heard from him again, there are people in here (Inaudible) my wife and I went out and found a place and then decided we couldn't do anything about. I thought he was going to come talk to me about it after he made those statements in front of City Council. They took the pictures of my old beat up house and how it was kind of a slum and that nonsense to try and make it appear that they were doing me a favor. Then he never, kind of like a breach of something or other. A few other things went on, so if we are going to trust somebody and give them an opportunity (inaudible) get everything down 100°k. Ms. Bowcutt said no two story houses along there and kind of thing. Whenever CC&R's come in they need to point that out. If you are going to okay something like this you need to remember the things that were said about the school district. And talk to the man that they didn't negotiate with. A few of the other things that went down four years previous. Smith: Mr. Shipley were you told that there was going to be only one story houses along your property? Shipley: Yes, but that was over the telephone, I didn't get a letter to that effect. I didn't get one of these plats sent to me in the mail like she said also. Those are things that I discussed and at this point I don't believe anything anymore. When somebody tells me something and it don't happen I become rather apprehensive. ff somebody told you. they would buy you property and never discussed a price. Went in front of City Council, this had already went to City Council and it got held up there because of the street problem. Three other times I had to go to the Highway District and tell them why are you going to put a street out on my corner to get away with not building a bridge was why they were doing it. But there wasn't exactly enough space between my corner and where the canal come in there to do it. They thought they could get a variance or something, but then that ruined my setbacks on my property. So 1 wouldn't be able to do something with my property. So 1 went to the Highway District for the fourth time now and each time they get another engineer they don't tell the engineering company what has already went down. Believe me it is getting to be kind of ridiculous to have to keep coming down here and coming down here and explain these things. So when you guys get around to okaying this thing make sure everything is written down and done right because there will be people that will end up with high water tables like I have. Clifford Babbitt, 11881 West Amity, Boise, was sworn by the City Attorney. Babbitt: I am going to make mine kind of short fellows. I am glad to see this redone over here on Locust Grove here to match up with Goldsmith's here. I am pretty well happy with most of it other than my concern is that I am over here this side of Shipley, I do sometimes have cattle that I bring in and once in awhile (inaudible). The other concern was this water right here which has to do with the weir coming out of the ditch here. Which when they leveled all of this they cut it way down. There is a water problem here and probably a little of it is from my irrigation ditch here that (inaudible). It would probably help if it was piped it v~rould probably help some of the water problem. That is all I have to say about it. Meridian Planning & Zon~g Commission • June 10, 1997 Page 56 Nancy Hanson, 2460 East Victory Road, was swum by the City Attorney. Hanson: Actually I wrote a letter that I did not submit earlier, did you just want me to read it or give it to you and summarize your comments. Borup: That would be appropriate if you submit that and then vre can get copies. And then get some highlights. Hanson: Mostly it is being discussed tonight as if it is approved for the annexation and that is my concern more than anything is that I would rather it not be zoned R-4. I would rather it not be annexed because if it is in the City limits than your largest lot would R-2 and I still think they should have 1 to 5 acre acreages if you develop it all. That is what I would prefer in that area. I think that would fit better with your Comprehensive Plan of having a buffer zone between the large farms and the City. Also wre do still have concerns about the water that as you bring in atl of these houses that the wells don't go dry, wre don't want to have to pay for another well. We have concerns about the traffic, they have told us that any houses that abut our property and at this point, this development does not border our property, one of the other developments did. Smith: Could you clarify who you were referring to regarding houses abutting your property. Hanson: The Briggs Engineering told us, there was a letter from Becky that said that it would be single story houses. Borup: Could you point out the location of your house approximately? You say it is not on that map, you are on Victory Road right. Hanson: (Inaudible) Borup: How many acres do you have? Hanson: We have 4 acres and then with the (inaudible) it is just right in here. It borders Victory and goes to the canal, it is just like a triangular piece of property. It, with the easements that go along with the canal I think it is really 6 acres. That is basically my testimony and what I said in the letter also. I would comment that next time when you do this, it is really difficult for the people in the audience to know what is going on when you have this thing. If you could put it to the side we could see what people were pointing out and also still watch you. Thanks. Borup: Any other testimony from the public? The applicant, any other comments you would like to make? Meridian Planning & Zon~g Commission • June 10, 1997 Page 57 Elg: I will try to be really brief here, there have been a number of issues addressing the drainage along the south boundary of Mr. Shipley's site. And the potential pond that according to our preliminary plat appears to be located off onto another property. Aside from that there may still be drainage issues there. I am not familiar with that piece of property right there in that swampy area there enough to know if that is a condition that exists all of the time or how we are going to address that. I did read Becky's statements which I am sure she had addressed with our engineers. She has indicated that we will address the issues through berms and or piping. One other thing and as I mentioned earlier, the relocation of the nine mile drain along that eastern boundary is going to help with lowering the recharge rate on that ground water there west of the Ridenbaugh Canal. It will naturally catch a lot of the drainage that wants to percolate out or seep out of the Ridenbaugh Canal, catch it and drain it. So I am sure that has some bearing on the reasons behind the relocation of that drain ditch and leaving it open along that Eastern boundary. With some indication of traffic concerns and speed on streets. In our traffic study we recommended to ACHD or Patrick Dobie might indicate that all of the traffic information was provided by Dobie Engineering. Pat Dobie not Briggs Engineering routed to ACHD who concun'ed with his findings to my knowledge. Yes it is correct, under normal conditions a development the normal traffic patterns are 10 trips per day per household. As I stated earlier we estimate about 1300 plus trips per day coming out of the project. There. was some concern about the number of trips on Victory, the 5500 trips is a substantial number of trips. Currently I think the estimated count or the actual counts on Vctory are, they exceed 4000 trips per day now on Victory at this point. I don't believe that, certainly we can't disqualify the fact that they will see additional trips per day and traffic generated on those streets. It comes with development, it comes with, it is a natural byproduct of that development. But what most fail to understand is that those trips per day come in, they don't come in surges. They are not 1300 trips per day that come in and out in two or three time slots, they are spread out over the course of a day. There are peak hours during that time where they will see an increase. That traffic is spread out. As far as house height, I have to admit I am not familiar with that requirement and the only suggestion I would have is if they have one that if anyone has a fetter from Becky, perhaps Shari before you leave, did Becky submit that letter to you about dwelling height? Stiles: (Inaudible)I don't know if that was part of Becky's discussions at the neighborhood meeting or if that was on a prior application. Elg: That is great, I think if we have one, I don't have one, I didn't see it, this is new to me. I am not telling you that Briggs is not aware of it, Becky is probably very much aware of it. I would suggest that we submit the letter if they are willing to part with it or get a copy from Shari and would certainly be glad to enter that into the record. Briggs Engineering and the developer will stand by anything that they have addressed with these people. We are not trying to pull the wool over anyone's eyes and when I hear comments in the background that Briggs is lying again or someone is lying I am offended with that. That certainly doesn't help with development and it doesn't help. We are used to that and we will deal with it. As I stated we will certainly address any of the Meridian Planning & Zon~g Commission • June 10, 1997 Page 58 drainage issues, we will address those with Gary Smith the City Engineer. We certainly can't develop a house that has that is located in a swamp, we are aware of that and we will address the issue. Concerns about the cattle, we will place the right to farm statement on the plat. There is not a whole lot else that can be done to our knowledge. This is an old problem that goes on and on when you develop on fringes. We will certainly try our best to deal with the situation and provide these folks with the freedoms that they need to continue on with the practices that they are so accustomed to and comfortable with. We hope that this helps to address that and we hope that the fencing issues will adequately address their concerns. One other statement was made about the preference to see 1 to 5 acre lots. From an economic standpoint that simply doesn't make doesn't help and it is not economical in the sense when we are providing City sewer and water is available there won't be individual or private wells there, we will be pumping out of the existing irrigation facilities connecting to City water and connecting to City sewer. So it should not have any affect on the existing wells in the area. And the fact of the matter is that if you develop a project with 1 to 5 acre lots the feasibility of extending sewer and water to each of those lots just doesn't pan out economically for a project of this size. Wfth that I will conclude my remarks. I appreciate your time and if you have any questions I would be open for those. Borup: Do any of the commissioners have any final questions? Smith: I guess I just have a comment about the development, Mrs. Hanson's letter quotes part of the Meridian Comprehensive Plan and I am going to read that, "Existing rural land uses and farm/ranches shall be buffered from urban development expanding in the rural area by innovative land use planning techniques. New urban density subdivisions which abut or are proximal to existing rural residential land uses shall provide screening and transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities." I see no innovative land use planning techniques exhibited ih this proposal. And I certainly don't see any buffer zones, screening, transitional densities or any of that which I believe would be achieved through a development of lower density. I think this is a problem not only with this proposal but it is a problem with every development that comes before this Commission. We just, we are kind of in that transitional period where we have those issues come up and we have to draw the line somewhere I think. Personally I just can't see putting a development of this density out in the middle of a rural area that this one is being proposed in. I think it is more appropriate to be located closer to the urban center of Meridian as oppose~t'4o out farther on the periphery. I think this particular site would be more suited to mower density development. That pretty much sums it up. Elg: Can I make a comment, I think the thing that you need to remember Commissioner Smith is that this is a, it falls within the area of Impact, it is right for development at densities addressed. It is compatible with surrounding zoning, Los Alamitos, Salmon Rapids all are R-4 zoning densities. It is consistent with patterns of development in the area and have already been approved. The lot sizes although it is R-4 zoning what we Meridian Planning & Zon• Commission June 10, 1997 Page 59 are requesting the lot sizes exceed the minimum lot standards for the R-4 zone significantly. Therefore the densities is not nearly what we could get through that zone. We have accommodated buffering in some locations and we are providing for screening with fencing requirements. It may not be the, I guess that is a judgement call as to what the screening should be. We are complying with Meridian's ordinance along Locust Grove for screening, landscaping, buffers along that street. As you can see we have very limited amount of frontage on any street. But in each of those situations, each of those conditions we are providing for the required landscaping and buffering along those areas. We believe that it is consistent and crompatible with patterns of development for the area. And with the simple fact that we are not developing or maximizing the zoning that is requested. We believe that it is somewhat of an innovative concept. We are not trying to pillage the property with the maximum amount of density on it, we are coming with larger lot sizes. Not every development can afford the amount of park site or open space area that has been provided with this one. One of the problems with a project this size is that this is 50 some odd acres (inaudible) you get a scale problem in trying to put that type of a project onto a piece of paper. Those lots as you look at them on that large piece of paper look rather small. They are compared to any development within Boise City, Meridian, they are good sized lots, they are decent lots. We believe they are consistent and it is good planning. Smith: I do have one question with staff, this right to farm issue that has come up regarding the complaints that may arise from future homeowners regarding adjacent neighbors with cattle or whatever, that when they buy their home they have to sign something that says they have the right to farm (End of Tape) Stiles: (Inaudible) a note that can be added to the plat, I know in another case just recently it was the Council's decision that they would have to physically post the property with that restriction. How well that is going to work I don't know. I don't know if by placing that note on the plat if it is any kind of a deed restriction, it just puts them on notice that there is adjacent agricultural uses and they shall not be considered a nuisance or cause for complaint. Smith: So that transfers to every future land owner after the first Elg: Correct, it is a part of the title process. The other thing that could be added aside from setting it up as a note on the face of the plat you can also require as a element in the restrictive covenants. Borup: Any other questions from the Commissioners? At this time I would like to close this public hearing. We are on item 10 which is a request for annexation and zoning. This does require findings. Manning: Mr. Chairman, I move that the City Attorney prepare findings of fact and conclusions of law. Meridian Planning & Zon• Commission • June 10, 1997 Page 60 MacCoy: Second Borup: It has been moved and seconded to prepare findings of fact and conclusions of law for annexation and zoning of the request by Westpark Co., all those in favor? Opposed? MOTION CARRIED: 2 YEA, 1 NAY ITEM #11: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK CO.: Van Elg, 1111 S. Orchard, Boise, was sworn by the City Attorney. Elg: t guess at this point I would just, it would be appropriate to say that I enter all of my previous testimony into this one. Borup: We appreciate that. This is a new public hearing, does anyone from the public have anything new they would like to add? Fitzgerald: If they want to incorporate it just indicate that they want to. Smith: Can we make like a blanket motion? I would like to make a motion that Fitzgerald: Well in terms of their testimony, if they want to incorporate it. Smith: They need to do it? Fitzgerald: Is that agreeable to everybody? Everybody is saying yes so all of your testimony will be incorporated into this public hearing. Unless there is any further comment or testimony. Borup: Okay, we have this to deal with. Let's close the public hearing. We do need findings on the annexation before we decide on the preliminary plat. So would someone like to table this? Smith: I make a motion that we table agenda item 11 pending completion of findings of fact and conclusions of law on item 10. MacCoy: Second Borup: It has been moved and seconded, all those in favor? Opposed? MOTION CARRIED: All Yea Fitzgerald: I think we need a date certain on that? Meridian Planning i~ ZomTig Commission • June 10, 1997 Page 61 Smith: I amend my motion to include tabled until our Commission meeting on July 8. MacCoy: Second Borup: Motion and second to correct the motion tabled to July 8 meeting, all those in favor? Opposed? MOTION CARRIED: All Yea Borup: That concludes the public testimony for tonight, for the Commissioners vre do have one other item. Apparently no notice went out, I found out yesterday afternoon that vre do have another meeting scheduled and apparently no one else knew that. Can we verify the time, it is 6:00. Wednesday the 18"'. Manning: I move we adjourn. MacCoy: Second Borup: All those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 11:16 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) 1 CHAIRMAN ATTEST: o ~y JR., Cf~Sf CLERK = 8EA3, d~' MEF~AN PLANNING & ZONING COM~SION AGENDA TUESDAY, JUNE 10, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD MAY 13, 1997: ~p~~`~% 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A CAR WASH WITH FUEL FACILITIE BY STEVE LYONS & STEVEN BAINBRIDGE: ~Ppmve- a/x,esi~d-~~~'~f~~ Qp,O/-ova~ ~PC(J'~-ntnes,-clafi~7`p C'/C 2. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR OUTSIDE SEATING BY WILD WEST BAKERY ~ ESPRESSO - 815 E. 1ST STREET: Glodc p/~1 3. PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR OUTSIDE SEATING. BY WILD WEST BAKERY 8 ESPRESSO: prav e ern ~ ~ /~ ~ ~'/~- ~~pnve, i'e ~-~. d~v~ ~ ~ ~ 4. PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO L-0 BY MERIDIAN ASSEMBLY OF GOD -1830 N. LIND R ROAD: 5. PUBLIC H RING: R QUEST FOR A CONDITIONAL USE PERMIT FOR A NEW CHURCH BUILDING BY MERIDIAN ASSEMB Y OF> GOD - 1830 N. CINDER ROAD: L~/ ~' ~`/a7in.c~. ~ ~p.~,~ Op..~.Z ~~ ~ C/ (_ 6. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A TRUCKING TERMINAL BY DONOVAN BROTHERS COMMERCIAL CONSTRUCTION -,S. OF PIN STREET, E. OF NOLA ROAD: ~/o~e ~/~ 7. PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR A TRUCKING TERMINAL BY DONOVAN BROTHERS COMMERCIAL CONS RUCTION: ~- ~~ ~ ~~~~ CLmen~ed ~~~'~ C/C ~'z- ~ ~8~ $. PUBLIC HEARING: REQUEST FOR A REZONE OF 1.4 ACRES FROM R-8 TO C-G BY ROGER MICHENER - 519 E. FAIRVIEW VEyUE: 9. PUBLIC H RING: R UES FOR A CONDITIONAL USE PERMIT FOR A MULTI-TENANT RETAIL CENTER BY ROGER MICHENER - 519 E. FAIRVIEW AVENUE: ~.~,.,, fjh~ ~l~ ~r-~ ~, E%/t 10. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 48.7 ACRES TO R-4 BY WESTPARK CO. - E. OF LOCUST GROVE ROAD, N. OF VICTORY ROAD: ~~i~t~ c2~~7Tthcy Pv~,eFra~.e ~'/.~ ¢ ~% 1 L PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR SHERBROOKE HOLLOW SUBDIVISION BY WESTPARK CO. - E. OF LOCUST GROVE ROAD, N. OF VICTORY ROAD: CITY OF MERIDIAN PUB~C MEETING SIGN-U~HEET a~ "'`~ " ~``` t ~`.~ t ~ >t _~~-;~ ~~ a,..._ 344 - `~ ? v ~ NAME PHnNF Ni1M~~t CITY OF MERIDIAl~ PUB~C MEETING SIGN- HEET ~~~`~~`~° NAME PHONE N MB R 2/2 ~~ ~E _7-l~~~c~~ ~,~~r. X98-660 iv~L ~G"Za f - (/i, 8y ~dS~ ~, v~a;v ~, ~ is rte- l~ v.ovQ.~ R ,ro}~,,•s 2e~ to°t 3~Y- 7777 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION WILD WEST BAKERY AND ESPRESSO APPLICATION FOR CONDITIONAL USE PERMIT FOR OUTSIDE SEATING, SIGN ON SIDEWALK AND OTAER AMENITIES 815 EAST 1ST STREET, SUITE B MERIDIAN, IDAHO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit 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, i Z ~ ~ , 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: PRSLIMINARY FINDINGS OF FACT 1. A notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for 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. This property is located within the City of Meridian. The Applicant is not the owner of the property. The owner of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 1. WILD WEST BAKERY AND ESPRESSO property is Hunter Investment, Ina., and it has oonsented to the application for the conditional use permit. 3. Pursuant to the application, the request is for a conditional use permit for the following: a. Two small tables with umbrellas and four chairs for outside seating in the front of the bakery and espresso shop. The tables and chairs are to be placed next to the building of the public sidewalk; b. Placement and display on the sidewalk of one sandwich sign measuring two feet wide, five feet high on nine inch legs. The sign will be a blackboard displaying daily specials; c. Placement of two whiskey barrel planter boxes; d. Window boxes located on ledge of the building under front windows; e. Awnings for windows; and f. Permission for location of trash receptacle located behind and to the west of the building for use by the Applicant and other occupants of surrounding properties. One portion of the property, Suite A, is presently used as a newspaper publication and sales office. The other portion of the property, Suite B, is presently used as an espresso shop and bakery with accompanying sales and service. The Applicant operates the espresso shop and bakery. The Applicant agrees to pay additional sewer, water or trash fees or charges associated With the proposed use of the property. 4. The property is currently zoned (OT) Old Town. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Bakery Stores, Retail Stores and Restaurants are listed as conditional uses in the (OT) Old Town District. A conditional use permit was. previously FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. WILD WEST BAKERY AND ESPRESSO granted for the operation of an espresso shop and bakery with accompanying sales and service; however, as the property is located in the (OT) Old Town District and the above-described additional uses are integrally related to the operation of an espresso shop and bakery with accompanying sales and service, a conditional use permit for the above-described additional uses is required. 5. The (OT) Old Town District is described in the Zoning Ordinance, 11-2-408 B. 12. as follows: (OT1 Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City center. The district shall be served by the Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and to provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 6. The property is located at 815 East lat Street, Suite B, Meridian, Ada County, Idaho. 7. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted comments which are incorporated herein as if set forth in full. Their comments included, but are not limited to, the following: a. The building on the property is one of the many existing in the City of Meridian's Old Town District. It is to be noted that all uses in the Old Town District have been stated as Conditional Uses. This property was recently reviewed under the application of Hunter FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. WILD WEST BAKERY AND ESPRESSO Investment, Inc. for a conditional use permit for general commercial uses. The outdoor seating was not submitted as part of the original application. The Applicant, in addition to outdoor seating, is also proposing utilization of a "sandwich sign," a temporary sign which is not currently allowed under the City's existing policies. The Applicant also requests an "amendment" to the conditional use permit to allow a garbage receptacle behind the building to be used cooperatively by surrounding property occupants. b. Each tenant shall obtain a Certificate of Occupancy prior to opening for business; c. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning and Zoning Department. A-frame and other temporary signs will not be permitted and will be removed upon three days notice to the Applicant. Sign permits are needed for all signage. The signage proposed is not in conformance with existing policy and the Uniform Siqn Code; d. Any new construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes; e. Screened trash enclosures are to be provided in accordance with City ordinance. The Applicant is to coordinate dumpster site locations with the City's solid waste contractor. The Applicant is to locate dumpsters so as not to impede fire access. The existing dumpster site needs to be enclosed in accordance with City ordinance; f. 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; g. The property does not provide any off-street parking. A vacant dirt lot south of the building is being used for parking. The Applicant should obtain a signed agreement with the Valley Shepherd Church of the Nazarene, if possible, to allow parking on the Church's property; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. WILD WEST BAKERY AND ESPRESSO h. A minimum five feet wide unobstructed pathway is to be provided at all times between any planters and the outside seating area; and i. The conditional use permit shall be subject to review upon ten (10) days notice to the Applicant. An approval of transfer will be required for any new owners. 8. The Ada County Highway District submitted comments, and such comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. Utility street cuts in the new pavement are not allowed unless approved in writing by the District; b. The Applicant is to provide a minimum of a five feet wide unobstructed pedestrian pathway on the sidewalk west of the planters abutting East 1st Street. The Applicant is to submit a design showing the location of the seating arrangements to District staff; c. No addition to the building is proposed with this application and none is approved; and d. No driveways are proposed with this application and none are approved. 9. Central District Health Department, submitted comments, which comments are hereby incorporated herein as if set forth in full; that Central District Health Department will require plans to be submitted for a plan review of any food establishment. 10. Meridian City Police Department, Meridian Fire Department and Meridian Sewer Department submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 11. There were no further comments or testimony given at the hearing. PRELIMINARY CONCLUSIONS OF LAW FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. WILD WEST BAKERY AND ESPRESSO 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. The City has the authority to take judicial notice of its ordinances and proceedings, other governmental statutes and ordinances, and of actual conditions existing within the City and state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to 67-6512, Idaho Code, and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. WILD WEST BAKERY AND ESPRESSO 6. The Commission has judged this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. 11-2-415 C of the City of Meridian Zoning and Development Ordinance provides in relevant part: The following activities and types of signs shall be expressly prohibited in all districts except as provided by this Ordinance: 3. Signs placed on any curb, sidewalk, post, pole, electroller, hydrant, bridge, or tree except official public notices as posted by a public officer; 4. Signs which are placed in any public right-of-way except publicly owned signs, traffic signals, directional signs, and signs which direct and guide traffic and parking on private property but bear no advertising matter; 8. Conditional Use Permit is defined in the Zoninq and Development Ordinance as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 9. Use is defined in the Zoning and Development Ordinance as follows: "The specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied, maintained, let or leased." FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. WILD WEST BAKERY AND ESPRESSO 10. A variance is defined by the Zoning and Development Ordinance as: A variance is a modification of the requirements of the Ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other Ordinance provisions. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of the characteristics of the site and that the variance is not in conflict with the public interest. (Underline emphasis added.) 11. As Section 11-2-415 C of the City of Meridian Zoning and Development Ordinance specifically prohibits the placement of signs on any curb, sidewalk or public right of way, and the display of a sandwich sign on the sidewalk is not a "use" within the definition of that word in the Zoning and Development Ordinance for which a conditional use permit may be granted. The grant of a conditional use permit is not applicable to the Applicant's request for authorization to display a sandwich sign on the sidewalk. To obtain authorization to display such sign on the sidewalk, the Applicant needs to secure a variance. 12. 11-2-413 A provides in relevant part: In addition to all other regulations ae specified in this Ordinance, the following provisions shall be adhered to: 3. Required Trash Areas: All trash and/or garbage collection areas for commercial, industrial, and multi-family residential uses shall be enclosed on at least three (3) sides by a solid wall or fence of at least four (4) feet in height or within an enclosed building or structure. Adequate vehicular access to and from such area or areas for FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. WILD WEST BAKERY AND ESPRESSO collection of trash or garbage as determined by the Administrator shall be provided. 13. 11-2-418 C of the City of Meridian Zoning and Development Ordinance 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, the ordinances of the City of Meridian, 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 request for a conditional use permit for one sandwich sign to display daily specials does not constitute a "use" as defined by the City of Meridian Zoning and Development Ordinances or to which a conditional use permit would apply, and, therefore does not constitute a conditional use for which the grant of a conditional use permit would allow such use. b. The other specified uses, as set forth at paragraph 3. of the Findings of Fact, hereinabove, would in fact, constitute conditional uses and a conditional use permit would be required by ordinance; c. The uses would be harmonious with and in accordance with the Comprehensive Plan and the ordinances of the City of Meridian if the conditions set forth herein are complied with, but the Zoning and Development Ordinance requires a conditional use permit to allow the uses; d. The uses are or will be designed and constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the uses should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; e. The uses would not be hazardous nor should they be disturbing to existing or future neighboring uses if the conditions are met; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. WILD WEST BAKERY AND ESPRESSO f. The property has sewer and water service already connected, but the Applicant may have to pay additional fees for the uses; g. The uses would not create excessive additional requirements at public cost for public facilities and services and the uses would not be detrimental to the economic welfare of the community; h. If the conditions are met, the uses should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; and i. The uses will not result in the destruction, lose or damage of a natural or scenic feature of major importance. 14. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of the grant of the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, the Ada County Highway District, the Meridian Police Department, the Meridian Fire Department, the Meridian Sewer Department, the Central District Health Department, and other governmental entities, which requirements specifically include, but are not limited to: 1. Sach tenant shall obtain a Certificate of Occupancy prior to opening for business; 2. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. WILD WEST BAKERY AND ESPRESSO 3. All signage shall receive design approval of the Planning and Zoning Department; 4. Unless the Applicant secures a variance, A-frame and other temporary signs shall not be permitted and shall be removed upon three days notice to the Applicant; 5. Sign permits shall be required for all signage; 6. New construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes; 7. Screen trash enclosures shall be provided in accordance with City ordinance, specifically including Section 11-2-413 A of the Zoning and Development Ordinance; 8. The Applicant shall coordinate dumpster site locations with the City's solid waste contractor; 9. The Applicant shall locate dumpsters so as not to impede fire access; 10. The Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged; 11. The Applicant shall enter into a re-assessment agreement prior to issuance of a Certificate of Occupancy; 12. The Applicant should obtain, if possible, a signed agreement with the Valley Shepherd Church of the Nazarene to allow parking for the property on the Church's property; 13. The Applicant shall provide a minimum of a five feet wide unobstructed pedestrian pathway on the sidewalk west of any planters abutting East 1st Street; 14. The Applicant shall submit to the Ada County Highway District a design schematic showing the location of the seating arrangements; and 15. The Applicant shall submit and obtain approval from Central District Health Department of their plan for the food establishment. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. WILD WEST BAKERY AND ESPRESSO c. The conditional use shall not be restricted to a period of authorization but may be reviewed and is subject to review upon ten (10) days notice to the Applicant, for violation of any conditions imposed herein, other conditional use applications, or the ordinances of the City of Meridian. 15. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 16. It is recommended that if the Applicant meats the conditions stated above, that the conditional use permit be granted to the Applicant for those uses specified in paragraph 3. of the Findings of Fact, hereinabove, except for the placement and display of the sandwich sign. APPROVAL OF PRELIMINARY FINDINGS OF FACT AND CONCLUSIONB 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 VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. WILD WEST BAKERY AND ESPRESSO DECISION AND RECOIQ~tENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that, except for the placement and display of the sandwich sign which use is in paragraph 3b. of the Findings of Fact, it approve the Conditional Use Permit for the rest of the uses specified in paragraph 3. of the Findings of Fact, hereinabove, requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. NOTION: APPROVSD:~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. WILD WEST BAKERY AND ESPRESSO > ~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION STEVE C. LYONS AND STEVEN J. BAINBRIDGE CONDITIONAL USE PERMIT FOR FULL SERVICE CAR WASH WITS FUEL FACILITIES 835 E. FAIRVIEW AVENUE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on May 13, 1997, at the hour of 7:00 o'clock p.m., the Applicants appearing through their representative, Bob Daugherty, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 13, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the May 13, 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 within the City of Meridian at 835 E. Fairview Avenue, Meridian, Ada County, Idaho. The property is described in the application which description is incorporated FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. LYONS AND BAINBRIDGE herein. The Applicants are not the owners of record of the property. The record owners of the property are Lamont Kouba and Lynn Kouba, husband and wife, and they have consented to the application for the Conditional Use Permit. 3. Pursuant to the application, the property is presently vacant. The proposed land use is to construct a full service car wash having two detail bays and a retail space with fuel facilities. The southern portion of the property will remain conceptual in nature and subject to the conditional use permit process prior to development. The Applicants agree to pay any additional sewer, water or trash fees or charges associated with the proposed use of the property. 4. The property is currently zoned (C-G) General Retail and Service Commercial. in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Commercial, automobile washing facilities and automobile service stations are permitted uses on property zoned (C-G) General Retail and Service Commercial. However, pursuant to the ordinance adopted to annex and zone the property, the property can only be developed as a commercial planned development or under the conditional use permit process. Therefore, pursuant to the ordinance adopted for the annexation and zoning of the property, a conditional use permit for the operation of an automobile washing facility with fuel facilities on the property is required. 5. The (C-G) General Retail and Service Commercial district is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. LYONS AND BAINBRIDGE (C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highways or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. 6. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. Bob Daugherty, a representative of the Applicant, testified substantially as follows. The property had been previously approved for a conditional use permit for a retail building. Since the grant of the prior conditional use permit, the owner of the property has entered into an agreement to sell the northern portion of the property to Mr. Lyons and Mr. Bainbridge, the Applicants. The Applicants desire to construct on the property a full service car wash facility with two detail bays and a retail space at the front of the car wash with fuel facilities. Although the presently proposed development and use of the property is different from that previously proposed, the Applicants believe the presently proposed development and use are acceptable under Meridian's Comprehensive Plan and an appropriate use for the property. The previously proposed development of the property consisted of the use of the full 3.98 acres of the property; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. LYONS AND BAINBRIDGE however, the Applicants propose to split off the northern .888 acres of the property for the presently proposed use. The Applicants will be granted an easement for parking on the southern portion of the property which property will be owned by the present owners of the property, Mr. and Mrs. Kouba. The Applicants do not have any problems with the comments from the City's staff. The Applicants believe they have met all of the required setbacks and other requirements for the proposed use. 8. Bob Daugherty further testified substantially as follows. The conditional use permit previously granted required cross access agreements to the east and to the west for the adjacent commercial property located along Fairview Avenue; namely, Roundtree Chevrolet and Meridian Auto Sales. With regard to this application, the Ada County Highway District recommends cross access easements to the property to the south. The Applicants have attempted to obtain clarification from the Ada County Highway District concerning its recommendations. The Applicants desire to continue the cross access agreements as originally recommended as part of the prior conditional use permit application. The Applicants have secured one cross access agreement for a 40 feet roadway easement on the parcel of property occupied by Roundtree Chevrolet, which property is owned by the Johnsons. The Applicants have made arrangements to grant the cross access easement to the west of the property occupied by Meridian Auto Sales. The Applicants do not believe they need to secure easements or agreements for cross access for the property located south of the property. The 40 feet easement FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. LYONS AND BAINBRIDGE extends the entire length of the property's eastern boundary and provides ample access for the southern portion of the property. Additionally, a 40 feet access for Fairview Avenue was originally designed, but the Ada County Highway District recommended this access be reduced to 36 feet. The Applicants have reduced this access to 36 feet; however, the Ada County Highway District now recommends an entryway that is 24 to 30 feet in width. The Applicants desire to have access for larger vehicles to the southern portion of the property. The Applicants anticipate Roundtree Chevrolet will develop the property located to the south of their current car lot. The Applicants maintain that additional traffic flow will warrant the 36 feet wide access from Fairview Avenue, which was previously approved and which the Applicants desire. With regard to the comment from the City's staff concerning sidewalk and curbing, the Ada County Highway District requested the deposit of money into the trust fund. However, based upon the Applicants' discussions with City staff, the City desires the construction of the sidewalks and curbs as part of the development of the property. The Applicants are willing to construct the sidewalks and curbs with the development of the property. 9. In response to a question from Chairman Johnson, Bob Daugherty testified substantially as follows. The sidewalk would be 150 feet in length, which is the entire frontage of the property along Fairview Avenue. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. LYONS AND BAINBRIDGE 10. In response to questions from Commissioner MacCoy, Bob Daugherty testified substantially as follows. The hours of operation will be from 8:00 a.m. to 8:00 p.m. The Applicants' discussions with City staff have related primarily to the conditions imposed under the conditional use permit previously granted. They do not anticipate a change in the conditions previously imposed. They previously addressed the issues concerning the lighting of the property. The primary concern with the lighting of the property was the impact upon the adjacent residential property from the lighting of the previously proposed buildings located at the southern portion of the property. Under the present proposal, the southern portion of the property will not be developed. The northern portion of the property will be developed. The future development of the southern portion of the property remains subject to the conditional use permit process. 11. With regard to the lighting of the northern portion of the property, Commissioner MacCoy commented that the lighting should be placed so as not to create a problem for the drivers on Fairview Avenue. Mr. Daugherty responded that he does not believe the Applicants would have any objection to entering into an agreement to eliminate or minimize the lighting impact upon Fairview Avenue. 12. In response to further questions from Commissioner MacCoy, Bob Daugherty testified substantially as follows. City staff had indicated that a fence along the southern portion of the property may be a requirement of the grant of the conditional use FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. LYONS AND BAINBRIDGE permit for this application. A chain link fence with slate was originally contemplated along the southern property line between the adjacent residential property and the property. 13. In response to questions of Commissioner Borup, Bob Daugherty testified substantially as follows. The site plan for the development of the property is adjusted to accommodate the 35 feet setback, which causes the location of the fuel station to be moved slightly. The 40 feet roadway for the property is actually located on the property occupied by Roundtree Chevrolet. The specific location of the cross access easement to the west is dependent upon and will be determined based upon the future development and use of the southern portion of the property. The requirement for cross access for the property located south of the property would not necessarily be satisfied by the 40 feet roadway to the east of the property. There is a required 20 feet buffer strip between the property and the residential area located south of the property, so the 40 feet roadway does not connect to the property located south of the property. Because the proposed development and use of the property does not include the southern portion of the property, the Applicants do not believe the Ada County Highway District has fully examined the application. Further, because the southern portion of the property is not included in the proposed development and use of the property, the Applicants do not believe a cross access easement to the residential property to the south should be a requirement of the requested conditional use permit. The property has ample access FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. LYONS AND BAINBRIDGE with the 40 feet roadway to the east of the property for purposes of the proposed development and use of the northern portion of the property. Further, he does not believe a cross access easement for the residential area located to the south is appropriate, because it would connect a definite commercial use with a residential use. There presently exists no specific plans for developing the southern portion of the property. The Applicants have every intention to construct the car wash and associated facilities at their earliest possible convenience. They have secured an architect who is presently working on the plans for the car wash and associated facilities. Upon securing approval from the City Council, they intend to start construction. 14. Commissioner Smith commented substantially as follows, with regard to the design of the site plan as presented. He has a problem with the location and design of the parking stalls along the 40 feet access roadway. As located and designed, the vehicles would back into the access roadway. If the southern portion of the property is developed, vehicles backing into the access roadway will create a traffic hazard. Further, the stacking space available to the vacuum bays and express lanes appears inadequate, especially for the volume of vehicles on Saturdays. As a result of a high volume, the line of vehicles would extend into the access roadway. 15. In response, Bob Daugherty responded and testified substantially as follows. The Applicants have taken Commissioner Smith's concerns into consideration in the design of the site plan FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. LYONS AND BAINBRIDGE given the limitation of available space. The Applicants believe ample space is available. There will be three lanes into the car wash, and there are staging areas in front of the vacuum bays, both of which provide ample space for the volume of vehicles. Additionally, the 40 feet access roadway is four lanes under the Ada County Highway District's standards. The Applicants' intention is to designate the parking spaces along the access road as employee parking. Consequently, there will be limited trips per day to and from those parking spaces. 16. In response to another question from Chairman Johnson, Bob Daugherty testified substantially as follows. The Applicants have determined that 15 vehicles could be stacked in the three staging areas before the vacuum bays and another six vehicles in the area entering the car wash tunnel. 17. Bob Daugherty further testified substantially as follows. With regard to the requirements from the DEQ (Idaho Department of Health and Welfare, Division of Environmental Quality), the only thing which needs to be completed is hard surfacing the area, which will be accomplished with the construction of the car wash and associated facilities. 18. Joe Numbers, a representative of the Applicants, testified substantially as follows. The structural shell of the proposed building is metal. The north and east sides of the building will be faced with concrete masonry units (CMU). A glazed the will be used as a trim or as an accent piece. Along the bottom of the front of the building, a split face CMU would be used FINDINGS OF FACT AND CONCLUSIONS OF LAW - page 9. LYONS AND BAINBRIDGE which will be ribbed with a CMU band to meet the metal awnings in the front. The remainder of the building would be a smooth faced CMU block. 19. In response to questions of Commissioner MacCoy, Joe Numbers testified substantially as follows. The walls on either side of the car wash tunnel will be of CMU block. The CMU block has good sound attenuation properties. There will also be a fiberglass shield over the top which is designed primarily to shield the structural components from the water. With regard to the noise from the car wash equipment, he does not believe the noise is very much, although he would defer a specific response to the Applicants' representative from the car wash equipment supplier. However, the location of the proposed building is set back approximately 90 to 100 feet from Fairview Avenue. 20. Commissioner MacCoy commented that the Commission is concerned with a facility becoming a nuisance to the community. 21. Joe Numbers further testified substantially as follows. The Applicants are considering a 50's type of theme for the car wash facility. The design of the building accommodates the display of antique cars. Also, there is a small 17 feet in diameter patio area. The Applicants anticipate placing tables and awnings in the patio area to provide the customers a nice location to wait, which provides a visually attractive scene from Fairview Avenue. 22. In response to questions of Commissioner Smith, Joe Numbers testified substantially as follows. Two faces of the proposed building will be fully constructed of CMU. The walls FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. LYONS AND BAINBRIDGE ! • along the west and south sides of the proposed building will be constructed of metal and CMU. He anticipates that a portion of the CMU will be painted either white or an off white. The trim is a glazed blue CMU. 23. Bob Daugherty further testified substantially as follows. The actual vacuum units will be housed within the proposed building and ducting would run from inside the building to the vacuum bays. The location of the vacuum unit within the building should reduce the noise quite a bit. 24. In response to a question of Chairman Johnson, Bob Daugherty testified substantially as follows. To his knowledge the Applicants have no intention of installing any type of loud speaker system. 25. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted general and site specific comments, which comments are incorporated herein as if set forth in full. Their comments included that the property was annexed last year with an application by Lamont Kouba. A conditional use permit was granted for a retail space with some office/warehouse space on the southern portion. 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 development plans. 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. LYONS AND BAINBRIDGE ! • b. Any existing domestic wells and/or septic systems within the 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 Applicants will need to determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans; d. The Applicants will need to provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. Any needed fire hydrant will need to be in place and activated prior to issuance of a building permit; e. The Applicants will need to coordinate dumpster site locations with the City's solid waste contractor, and located dumpsters so as not to impede fire access. All dumpsters are to be provided with a screened enclosure; f. A minimum thirty five feet landscape setback beyond future right-of-way is required. The Applicants are to provide a detailed landscape plan including berming details for approval prior to obtaining building permits. Sidewalk/curbing should be installed along Fairview Avenue to provide a finished appearance. Ada County Highway District has requested that money for the sidewalk be deposited into a trust; g. The Applicants are to provide curbing and underground sprinkler system for all landscaped areas; h. The Applicants are to provide temporary fencing to contain debris during construction; i. All paving, striping and signage of parking lot is to be in accordance with Meridian City ordinances and the Americans with Disabilities Act; j. Lighting shall not illuminate adjacent residential properties or cause glare, as determined by the City of Meridian; k. A development agreement outlining detailed conditions of approval was a condition of annexation. All uses shall be developed under the conditional use permit process; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. LYONS AND BAINBRIDGE • 1. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning and Zoning Department. A-frame and other temporary signs will not be permitted and will be removed upon three days notice to the Applicants. Sign permits are needed for all signage; m. Any new construction shall be in compliance with the Americans with Disabilities Act and all required Uniform Codes; and n. The Applicants are to provide a revised site plan meeting all staff and agency requirements prior to public hearing before the City Council. Their site specific comments included the following: a. Sanitary sewer service to this development shall be from an existing main that is in place along the west side of the site. The Applicants shall be responsible to construct the sewer mains to and through this proposed development. The Applicants are to coordinate sewer main sizes and locations with the City of Meridian Public Works Department. Development plans shall be reviewed and approved through the Public Works Department. b. 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 proposed development. The Applicants have preliminarily discussed using an existing well on the site for use in the car wash. If this is done, with the approval from Idaho Department of Water Resources, a meter will need to be installed to measure actual contribution to the sewer system. The Applicants shall enter into a reassessment agreement for sewer and water fees prior to obtaining a building permit; c. Water service to this development shall be from an extension of the existing eight inch diameter main installed along the southerly side of Fairview Avenue. The Applicants are 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 Applicants are to coordinate routing with the Meridian Public Works Department. Water lines shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. LYONS AND BAINBRIDGE located on the north and east sides of the roadway centerlines; d. Pressurized irrigation is to be provided per City ordinance. Any proposal for a supplementary connection from the City's water system to the pressurized irrigation system will need to be reviewed closely due to the size of the area to be watered. The Applicants shall provide a statement as to the ownership of, and operation and maintenance of the pressurized irrigation system; e. The Applicants are to dedicate four additional feet of right-of-way on Fairview Avenue, 54 feet from the centerline. The Applicants are to furnish a copy of recorded warranty deed for dedication of additional right-of-way prior to applying for building permits; f. The Ada County Highway District policy requires that access from Fairview Avenue to this development be located on the east side, and that cross access agreements be entered into for the properties east and west of the property; g. Eighteen three-inch caliper trees are required for this development. Trees may not be located over the existing sewer line or over other utilities. A detailed landscaping plan, including sizes and species, will need to be submitted for approval with the building permit application; h. The Applicants are to submit a copy of the recorded easement agreement for access from the Roundtree Chevrolet property and to the southern portion that is not being developed at this time; i. The Applicants are proposing to split the Fairview frontage property from the remainder of the parcel. This parcel is eligible for a one-time split; however, the proposed split will leave the back portion with no legal frontage. The Meridian City Council will have to approve of the private roadway concept and actual splitting of the property; and j. The Applicants are to indicate any existing FEMA floodplain boundaries on the site plan map, and/or any plans to reduce said boundaries. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. LYONS AND BAINBRIDGE 20. The Ada County Highway District submitted comments on the subject application, which comments are incorporated herein as if set forth in full. Its comments included the following: a. The Applicants are to dedicate 54 feet of right-of- way from the street centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit, or other required permits, whichever occurs first. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be compensated for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. The value of the right-of-way will be offset against road impact fees that will be payable before a building permit is issued; b. The Applicants are to pave the driveway easement abutting the site's east boundary its full required width to at least 30 feet beyond the new right-of-way of Fairview Avenue and install pavement tapers with 15 feet radii abutting the existing roadway edge; c. The Applicants are to provide a recorded cross access easement for the parcels to the south to use the property for access to the public streets prior to issuance of a building permit or other required permits; d. The Applicants are to locate a 30 to 36 feet wide driveway on site from the 40 feet easement a minimum of 40 feet south of the new right-of-way of Fairview Avenue; e. The Applicants are to construct a five feet wide concrete sidewalk on Fairview Avenue abutting the parcel, and locate the sidewalk one foot within the new right-of- way of Fairview Avenue; f. Utility street cuts in new pavement less than five years old are not allowed unless approved in writing by the Ada County Highway District; and g. Other than access point(s) specifically approved with this application, direct lot or parcel access to Fairview Avenue is prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. LYONS AND BAINBRIDGE 21. The Meridian City Police Department and the Meridian Fire Department submitted comments, which respective comments are incorporated herein as if set forth in full. 22. The Meridian Sewer Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that the project will require coordination with the Meridian Sewer Department and the pretreatment program during construction and operation. 23. Central District Bealth Department submitted comments which comments are incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that runoff is not to create a mosquito breeding problem; and that it recommends stormwater run-off flow into a grassy swale before discharging to the subsurface. 24. The Nampa & Meridian Irrigation District submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The Nampa 6 Meridian Irrigation District's Five Mile Drain courses through the southwest corner of the project. The right-of-way of the Five Mile Drain is 100 feet; 50 feet from the center each way. The Applicants must contact the Nampa & Meridian Irrigation District for approval before any encroachment or change of right-of- way occurs; b. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; c. All laterals and waste ways must be protected; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. LYONS AND BAINBRIDGE d. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plane; e. The developer must comply with Idaho Code Section 31-3805; and f. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 25. 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 Applicants' property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning and Development Ordinance of the City of Meridian. 3. The City of Meridian has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. LYONS AND BAINBRIDGE properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 (D) authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The Planning and Zoning Commission judges this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Zoning and Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 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: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. LYONS AND BAINBRIDGE a. Although an automobile washing facility with fuel facilities are permitted uses on property zoned (C-G) General Retail and Service Commercial, pursuant to the ordinance adopted to annex and zone the property, the property can only be developed as a commercial planned development or under the conditional use permit process. Therefore, pursuant to the ordinance adopted for the annexation and zoning of the property, a conditional use permit for the operation of an automobile washing facility with fuel facilities on the property would, in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; c. The use is designed and is, apparently, to be constructed so as to be harmonious in appearance with the character of the general vicinity. If the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; however, traffic may increase, but the development will have a vehicular approach to the property which shall be designed to decrease interference with traffic on surrounding public streets; e. The Applicants 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 Applicants may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. if the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The Applicants will cause the property to have a vehicular approach which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. LYONS AND BAINBRIDGE i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of the grant of the conditional use be required, to-wit: a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner of the subject property or to another property; b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicants, for violation of any conditions imposed herein and other conditional use applications; c. The Applicants shall meet the requirements of the City Engineer's office and the Planning and Zoning Administrator, which include the following: 1. 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 shall be shown on the development plans. Plans must be approved by the appropriate irrigation or drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; 2. Any existing domestic wells and/or septic systems within the project will have to be removed from their domestic service per City Ordinance Section 5-7-517; however, wells may be used for non- domestic purposes such as landscape irrigation; 3. The Applicants shall determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plans; 4. The Applicants shall provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department's policies. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. LYONS AND BAINBRIDGE Any needed fire hydrant (s ) shall be in place and activated prior to issuance of any building permit(s); 5. The Applicants shall coordinate dumpster site locations with the City's solid waste contractor, and locate dumpsters so as not to impede fire access. All dumpsters are to be provided with a screened enclosure; 6. A minimum thirty five feet landscape setback beyond the future right-of-way shall be required. The Applicants shall provide a detailed landscape plan including berminq details for approval by the City prior to obtaining building permits. Sidewalk and curbing shall be installed along Fairview Avenue; 7. The Applicants shall provide curbing and underground sprinkler system for all landscaped areas; 8. The Applicants shall provide temporary fencing to contain debris during construction; All paving, striping and signage of parking lot(s) shall be in accordance with Meridian City ordinances and the Americans with Disabilities Act; 10. Lighting shall not illuminate adjacent residential properties or cause glare, as determined by the City of Meridian; 11. As a development agreement outlining detailed conditions of approval was a condition of annexation, all future uses or development of the property, whether the northern portion or the southern portion, shall be developed under the conditional use permit process; 12. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage must receive design approval from the Planning and Zoning Department. A-frame and other temporary signs shall not be permitted and will be removed upon three days notice to the Applicants. Sign permits shall be required for all signage; 13. Any construction shall be in compliance with the Americans with Disabilities Act and all required Uniform Codes; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. LYONS AND BAINBRIDGE 14. The Applicants shall be responsible for the construction of the sewer mains to and through the development. The Applicants shall coordinate sewer main sizes and locations with the City of Meridian Public Works Department. Any development plans shall be submitted to the Public Works Department for its review and approval; 15. As the treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated, the approval of this application shall be contingent upon the City's ability to accept the additional sanitary sewage generated by this development; 16. If the Applicants receive approval from the Idaho Department of Water Resources to use an existing well on the site in the car wash, the Applicants shall install a meter to measure actual contribution to the City's sewer system; 17. The Applicants shall enter into a reassessment agreement for sewer and water fees prior to obtaining a building permit(s); 18. The Applicants shall be responsible for the extension of water service to and through the development. Water service to this development shall be contingent upon positive results from a hydraulic analysis by the City's computer model. The Applicants shall coordinate routing of the water service lines with the Meridian Public Works Department. Water lines shall be located on the north and east sides of the roadway centerlines; 19. Pressurized irrigation shall be provided per City ordinance. The Applicants shall provide a statement as to the ownership, operation and maintenance of the pressurized irrigation system; 20. The Applicants shall dedicate four additional feet of right-of-way on Fairview Avenue, 54 feet from the centerline. The Applicants shall furnish to the City a copy of the recorded warranty deed for or other documentation evidencing the dedication of additional right-of-way prior to applying for building permits; 21. Eighteen three-inch caliper trees shall be required for this development. Trees shall not be located over the existing sewer line or over other FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. LYONS AND BAINBRIDGE utilities. A detailed landscaping plan, including sizes and species, shall be submitted to the City for approval with any building permit application; 22. The Applicants shall submit a copy of the recorded easement agreement for access from the Roundtree Chevrolet property and to the southern portion of the property which is not being developed at this time; 23. The Applicants proposal to split the northern or Fairview frontage property from the remainder of the property and the concept of a private roadway shall be subject to approval by the Meridian City Council; and 24. The Applicants shall provide information of any existing FEMA floodplain boundaries on the site plan map, and any plans to reduce such boundaries. d. The Applicants shall meet the requirements of the Meridian Police Department, Meridian Fire Department, Meridian Sewer Department, Central District Health Department, and the Nampa & Meridian Irrigation District. e. The Applicants shall meet the requirements of the Ada County Highway District, which include, but are not limited to the following: 1. The Applicants shall dedicate 54 feet of right-of- way from the street centerline of Fairview Avenue abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit, or other required permits, whichever occurs first; 2. The Applicants shall pave the driveway easement abutting the site's east boundary its full required width to at least 30 feet beyond the new right-of- way of Fairview Avenue and shall install pavement tapers with 15 feet radii abutting the existing roadway edge; 3. The Applicants shall provide a recorded cross access easement for the parcels to the south to use the property for access to the public streets prior to issuance of a building permit or other required permits; 4. The Applicants shall locate a 30 to 36 feet wide driveway on site from the 40 feet easement a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 23. LYONS AND BAINBRIDGE minimum of 40 feet south of the new right-of-way of Fairview Avenue; 5. The Applicants shall construct a five feet wide concrete sidewalk on Fairview Avenue abutting the parcel, and locate the sidewalk one foot within the new right-of-way of Fairview Avenue; and 6. Other than access point(s) specifically approved by the Ada County Highway District, direct lot or parcel access to Fairview Avenue is prohibited. f. The Applicants shall provide a revised site plan meeting all staff and agency requirements prior to public hearing before the City Council. 9. The above-conditions are concluded to be reasonable and the Applicants shall meet these conditions. 10. It is recommended that if the Applicants meet the conditions stated above, that the conditional use permit be granted to the Applicants. APPROVAL OF FIRDIROS OF FACT ARD CONCLUSIORS OF LAN 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 SON (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24. LYONS AND BAINBRIDGE DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicants 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 Applicants by the City. MOTION: APPROVSD:~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25. LYONS AND BAINBRIDGE