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1997 09-09 MERIDIAN PLANNING & ZONING COMMISSION AGENDA TUESDAY, SEPTEMBER 9, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD AUGUST 12, 1997: (APROVED) FINDINGS OF FACT AND CONCLUSIONS OF LAW FORA CONDITIONAL USE PERMIT FOR VANGUARD MILITARY ACADEMY CAMPUS BY VANGUARD MILITARY ACADEMY: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A COVERED, DRIVE-UP ATM AT MERIDIAN FIRST SECURITY BANK SITE BY FIRST SECURITY SERVICE CO. - BRYCE REYNOLDS: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE/PRESCHOOL FOR 8 TO 10 CHILDREN BY TYIA LOFTON - 2261 E. KATELYN: (APPROVE FINDINGS; APPROVE RECOMMENDATIONS TO CITY COUNCIL) 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR USED CAR AND TRUCK SALES BY CENTENNIAL MOTORS - 225 W. FRANKLIN ROAD: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 35.69 ACRES TO R-4 FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO. -BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 6. TABLED AUGUST 12, 1997: PRELIMINARY PLAT FOR TURNBERRY SUBDIVISION, 134 LOTS BY BENCHMARK LAND CO. -BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE: (RECOMMEND APPROVAL TO CITY COUNCIL) 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE FROM R- 15 TO R-40 BY LEE CENTERS -WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE BOWLING ALLEY: (APPROVE FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 8. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF 3 APARTMENT BUILDINGS (ONE 4 UNIT AND TWO 6 UNIT BUILDINGS) BY LEE CENTERS -WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE BOWLING ALLEY: (APPROVE RNDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 9. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ESPRESSO SHOP TO SELL PASTRIES, SANDWICHES, SOUP, ETC. IN THE MERIDIAN OFFICE AND CONVENTION CENTER BY SHARLA LANPHEAR: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 10. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CINDI'S FLORAL IN THE FRONT PORTION OF THE OLD ZAMZOWS STORE BY CINDI'S FLORAL - 611 E. 1ST STREET: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 11. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT 119,395 SQUARE FOOT MINI-STORAGE UNIT COMPLEX (PHASES 2 - 4 OF THE EXISTING STORAGE FACILITY BY AVEST LIMITED PARTNERSHIP -LOT 9, BLOCK 1, AVEST PLAZA SUBDIVISION: PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT BY AVEST LIMITED PARTNERSHIP -LOT 9, BLOCK 1, AVEST PLAZA SUBDIVISION: (APPROVE PRELIMINARY FINDINGS; APPROVE RECOMMENDATION TO CITY COUNCIL) 12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.5 ACRES TO C-G AND R-2 BY ECONO LOBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) 13. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR ECONO LUBE SUBDIVISION BY ECONO LOBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: (TABLED UNTIL OCTOBER 14, 1997) 14. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF ECONO LUBE N'TUNE AUTOMOBILE MAINTENANCE AND LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE BY ECONO LURE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: (CONTINUE PUBLIC HEARING TO OCTOBER 14, 1997 - CITY ATTORNEY TO PREPARE PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW) 15. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A BEER, WINE AND LIQUOR SPORTS BAR BY WILLIAM 8~ LYNN MARTELL - CORNER OF FRANKLIN AND CINDER ROADS: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW) MERIDIAN PLANNING & ZONING COMMISSION SEPTEMBER. 9, 1997 The regular meeting of the Meridian Planning and Zoning Commission was called to order by Chairman Jim Johnson at 7:00 P.M.: MEMBERS PRESENT: Malcolm MacCoy, Byron Smith, Keith Borup, Mark Nelson: OTHERS PRESENT: Will Berg, John Fitzgerald Jr., Diane Tipton, Sharla Lanphear, Scott Weber, Mary Cahoon, Pat McKeegan, Connie Dalling, Vince Earnhard, Lecia Amoureux, Cherie Wintersteen, Rebecca Lapp, Trent Wintersteen, Mark Lapp, Ramon Amoureux, Dana Taylor, Cheri Pearson, Devon Rae, Jacki Briggs, Tommy Briggs, Laurel Parrish, Steve Parrish, Tyler Parrish, Floyd Robinson, Alberta Durham, Jeff & Kristen Miller, Jerry & Tery Michelsen, Renee Jonas, J. Alan Hochstrasser Jr. Ehno Tiddens, Connie & Tom Moore, Ken & Heidi Wolfe, Don Bryan, Dennis Thorton, Glenn Budue, William Martell, Kevin Dickey, Kevin Abbiot, Gwen Pugh, Tom Roam, Sally Lambson, Berg Peterson, Gil Koga, Ken Sorrells, Brian Carry, Robert Merr, John Evans, Jerry Nicholson, Mark Holdaway, Ray Daybell, Roy Careson, Brad Dalling, Brent Meyers, Tyler Holdaway, Christine Kellersberger: MINUTES OF PREVIOUS MEETING HELD AUGUST 12, 1997 Johnson: Are there any changes, additions or deletions? I will entertain a motion for approval please. MacCoy: Mr. Chairman, I request that we approve the minutes from the August 12, 1997 meeting as written. Borup: Second Johnson: We have a motion and a second to approve the minutes as written, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR VANGUARD MILITARY ACADEMY CAMPUS BY VANGUARD MILITARY ACADEMY: Johnson: Any comments regarding these findings of fact and conclusions of law as prepared by our City Attorney? If there are no comments I will ask for a motion please. Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Meridian Planning & Zon~g Commission • September 9, 1997 Page 2 Johnson: Moved and seconded we approve the findings of fact and conclusions of law as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, MacCoy -Yea, Smith -Yea, Nelson -Yea, MOTION CARRIED: All Yea Johnson: Is there a decision or recommendation you wish to pass on to the City Council at this time? Borup: Mr. Chairman, I move the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it deny the conditional use permit requested by the applicant for the property described in the application based on the foregoing findings of fact and conclusions of law. Smith: Second Johnson: We have a motion and a second to pass the decision and recommendation onto the City as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A COVERED DRIVE UP ATM AT MERIDIAN FIRST SECURITY BANK SITE BY FIRST SECURITY SERVICE CO. - BRYCE REYNOLDS: Johnson: Any comments, any discussion regarding these findings of fact and conclusions of law? Smith: Mr. Chairman, I would like to just make a motion to approve the findings of fact and contusions of law contingent on submission of elevations which indicate height and building materials for the covered drive up. That is all I would add to the motion to approve. (inaudible) if anybody doesn't have a problem with that. MacCoy: I will second that. Johnson: We have a motion by Commissioner Smith, second by Commissioner MacCoy to approve the findings of fact and conclusions of law with amendments as stated, roll call vote. Borup: t do have a question on that, are you referring to the ATM machine the covered drive up. Was that supposed to be covered? Smith: I apologize I wasn't here but on page 2, item 5 about halfinray through the paragraph states a canopy similar in architectural design of the existing structure on the Meridian Planning & Zon~g Commission • September 9, 1997 Page 3 property will. be constructed covering both the ATM and the vehicle and the customer using the ATM. I think similar in architectural design is a subjective call and that we should require that the applicant indicate not only the building materials but also the height of that canopy. Borup: I agree that is alf the more reason because I don't think the plans really indicate that very well at all. ROLL CALL VOTE: Borup -Yea, MacCoy -Yea, Smith -Yea, Nelson -Yea MOTION CARRIED: All Yea Johnson: Do we have a recommendation to the City Council, would someone like to make that motion? Smith: Mr. Chairman, the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fad and conclusions of law as amended or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements, spec~cally including the restriping of the parking area and location of the handicapped parking spaces next to the existing bank building and the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Johnson: All those in favor of the recommendation to the City Councl as stated? Opposed? MOTION CARRIED: All Yea Johnson: It looks like we have an overflow crowd Tonight if most of you are here for item 15 it will be some time because we have a lot of items on the agenda. If you are here for other items fine. You have a copy of the agenda you know where that is going to kids in. But we are probably looking at around 10:00. It just depends on the testimony which is hard to judge at this point because we have several public hearings. ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE/PRESCHOOL FOR 8 TO 10 CHILDREN BY TYIA LOFTON - 2261 E. ItATELYN: Meridian Planning & Zon~g Commission • September 9, 1997 Page 4 Johnson: Any comments regarding these findings of fact and conclusions of law? Entertain a motion for approval if that is your pleasure. Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. MacCoy: Second Johnson: Moved and seconded we approve the findings of fact and conclusions of law as presented by our City Attorney, roll call vote. ROLL CALL VOTE: Nelson -Yea, Smith -Yea, MacCoy -Yea, Borup -Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of Meridian hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law. More particularly set forth in paragraph 8 of the contusions of law or similar conditions as found justified and appropriate by the City Councl that the property be required to meet the water and sever requirements, the fire and life safety code, uniform fire code and other ordinances of the City of Meridian. The conditional use should be subject to annual review or more often if the conditions warrant upon notice to the applicant by the City. Smith: Second Johnson: Motion and a second to forward that decision to the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR USED CAR AND TRUCK SALES BY CENTENNIAL MOTORS - 225 W. FRANKLIN ROAD: Johnson: Any comments regarding these findings of fact and contusions of law? Looking for a motion to approve. MacCoy: Mr. Chairman, I request that the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and contusions of law. Meridian Planning & Zon~g Commission • September 9, 1997 Page 5 Smith: Second Johnson: Motion by Commissioner MacCoy, second by Commissioner Smith, roll call vote. ROLL CALL VOTE: Borup -Yea, MacCoy -Yea, Smith -Yea, Nelson -Yea MOTION CARRIED: All Yea Johnson: Mr. Chairman, the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with 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. Smith: Second Johnson: Motion and a second for the stated decision recommendation to the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 35.69 ACRES TO R-4 FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO. -BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE: Johnson:. Does anyone have anything they would like to add to these findings of fact and conclusions of law? MacCoy: Mr. Chairman, the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Borup:Second Johnson: Motion and a second to approve the findings of fact and conclusions of law, roll cal vote. ROLL CALL VOTE: Borup -Yea, MacCoy -Yea, Smith -Yea, Nelson -Yea MOTION CARRIED: All Yea Meridian Planning & Zon~g Commission • September 9, 1997 Page 6 MacCoy: Mr. Chairman, the Planning and Zoning Commission here recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these findings of fact and conclusions of law. InGuding that the applicant or its successors, assigns, heirs, executors or personal representatives enter into a development agreement. That if the applicant is not agreeable with these findings of fact and conclusions of law and or is not agreeable with entering into a development agreement the property should not be annexed. Borup: Motion and a second for the recommendation as read by Commissioner MacCoy, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #ii: TABLED AUGUST 12, 1997: PRELIMINARY PLAT FOR TURNBERRY SUBDIVISION, 134 LOTS BY BENCHMARK LAND CO. -BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE. Johnson: This is the preliminary plat, this is an item we would recommend approval on without findings of fact and conclusions. Borup: Mr. Chairman, 1 move that we recommend approval of the preliminary plat and send it on to the City Council. MacCoy: Second Johnson: We have a motion and a second to approve the preliminary plat for Tumberry Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE FROM R-15 TO R-40 BY LEE CENTERS, WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE BOWLING ALLEY: Johnson: Any discussion regarding the findings of fact and conclusions of law that have been prepared? Is there a motion? MacCoy: Mr. Chairman, the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Borup: Second Johnson: Motion and a second for approval, roll call vote. ROLL CALL VOTE: Borup -Yea, MacCoy -Yea, Smith -Yea, Nelson -Yea Meridian Planning & Zon~g Commission September 9, 1997 Page 7 MOTION CARRIED: All Yea MacCoy: Mr. Chairman, the Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council of the City of Meridian for the zoning amendment requested on the conditions set forth in these findings of fact and contusions of law. Including that the applicant or its successors, interests, assigns, heirs, executors or personal representatives enter into a development agreement and that the property only be developed under the conditional use process. If the applicant is not agreeable with these findings of fact and conclusions of law and is not agreeable with entering into a development agreement and developing the property only under the conditional use permit process the application for the zoning amendment should be denied. Borup:Second Johnson: Motion and a second for approval of the recommendation to City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF 3 APARTMENT BUILDINGS (ONE 4 UNIT AND TWO 6 UNIT BUILDINGS} BY LEE CENTERS -WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE BOWLING ALLEY: Johnson: Any comments regarding the findings of fact for Mr. Centers project regarding the conditional use permit? Smith: I have a couple, this is another project that I am disappointed that we seem to have insufficient information to really evaluate the proposed development of this property. I would be willing to entertain a motion to approve these findings of fact and conclusions of law with the requirement that the applicant submit building designs indicating among other things height, number of stories, building materials, landscaping, parking areas, and any other information necessary for the City Council to make a well informed decision on approval of this project. Borup: Just a comment, I would normally agree with most of that. The landscaping and parking was submitted (inaudible) The one thing that is different here probably from at least in my mind they were duplicating buildings that they had next to the same property. So they said it was going to be the same style same exterior siding as the existing buildings. That is something you wouldn't have been aware of by looking (inaudible). Smith: I didn't see that in there. Then I will amend my Meridian Planning & ZoniTig Commission • September 9, 1997 Page 8 Johnson: Was yours a comment or a motion? Smith: It was a comment, I guess looking for comments from you all. Unfortunately 1 wasn't able to attend the last meeting so 1 am not sure what was submitted. So I just think my whole point was to make sure we knew what was going to be built. MacCoy: The questions were asked during the open forum to the applicant last time (inaudible) about the condition of the new material, new job. He assured us it would be similar to what was done before. Smith: Well, I don't remember running across that in the findings of fact, maybe, let me make a motion like this. I move the Planning and Zoning Commission of the City of Meridian. hereby adopts and approves these findings of fact and conclusions of law with the addition that the text be entered into the findings of fact and conclusions of law that the buildings will match the architecture and design of the existing adjacent properties as was stated by the applicant at the last meeting. MacCoy: Second Johnson: Motion and a second, discussion? Fitzgerald: Commissioner Smith, in terms of your motion I certainly understand it. So in terms of page 4 paragraph 8 where it says the buildings located south of the property are similar to the buildings to be constructed on the property. Is that, you want that expanded upon is that correct? Smith: Yes, similar again I think when we you are talking in terms of design it is subjective. What is similar to me might not be similar to you. It might just be that they use the same exterior material. And the, I didn't see anywhere in here where they indicated the number of stories the buildings were going to be so that is why 1 want to be a little more specific. Johnson: We have a motion and a second, roll call vote ROLL CALL VOTE: Borup -Yea, MacCoy -Yea, Smith -Yea, Nelson -Yea MOTION CARRIED: All Yea Johnson: Any decision you wish to pass on to the City Council? MacCoy: Mr. Chairman the Planning and Zoning Commission of the City of Meridian hereby adopts and approves these findings of fact and conclusions of law. Johnson: That is the one we did, we need the decision and recommendation. Meridian Planning & Zon• Commission • September 9, 1997 Page 9 MacCoy: Here we go, Mr. Chairman, the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and contusions of law or similar conditions as found justified and appropriate by the City Council. And that the property be required to meet the water and sewer requirements, the fire and life safety codes, Uniform Fire Code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Johnson: A motion and a second to pass that recommendation onto the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ESPRESSO SHOP TO SELL PASTRIES, SANDWICHES, SOUP; ETC. IN THE MERIDIAN OFFICE AND CONVENTION CENTER BY SHARtA t.ANPHEAR: Johnson: At this time I will open the public hearing and invite the applicant or the applicant's representative to address the Commission. Sharla Lanphear, 138 West Rockford Street, Meridian, was sworn by the City Attorney. Johnson: I am sure you haven't been here before, if you would just briefly tell us what you plan to do and then the Commission will ask you questions. Lanphear; Okay, for the new Meridian Office and Convention Center I want to open an espresso shop to service the people in the building including sandwiches and soup so they can have lunch there in the building. Johnson: Any questions from the Commission? Borup: I am just curious on the size of the area, the plan that was turned into us was Lanphear: About approximately 200 square feet, the space is. Borup: Do you know about what the dimensions are there? 10 by 20 it looks like it is real Gose to that. Johnson: Any other questions? Meridian Planning & Zon~g Commission • September 9, 1997 Page 10 MacCoy: I was curious along the same line, size wise what you are planning on doing do you plan on doing all of your work right there in that room or are you going to do it someplace else and bring it in? Lanphear: Most of the pastries will be ordered in, they will already be pre-made and packaged and ready to sell. The sandwiches I will do there on a deli type basis. But they will be prepared there and the sandwiches will have to be prepared there. MacCoy: So you are going to have a delivery coming in and selling them. Have you seen a copy of the staff report? Lanphear: Yes MacCoy: Do you have any Johnson: Excuse me there is a letter responding to the staff report item by item, do you have that Commissioner MacCoy? MacCoy: No Johnson: You might want to look at this then as you are ask your questions because some of the answers are probably (inaudible). MacCoy: My question actually is a basic question, do you have any problem with Staff comments since they have kind of covered a watertront? Lanphear: No Johnson: Commission Smith do you have any comments or questions? Smith: No I don't Johnson: Commission Nelson? Nelson: No I don't Johnson: Do you have any idea yet on your operating hours? Lanphear: 7 a.m. to 3 p.m. Johnson: I am assuming there is no sit down facility is that correct? Lanphear: That is correct. Meridian Planning & Zon~g Commission • September 9, 1997 Page 11 Johnson: I have no further questions. Thank you very much, we will give you an opportunity to come back in case there is some other comment from the public. This is a public hearing, would someone else like to address the Commission on this application? Any further comments by anyone before I Gose the public hearing? I will Gose the public hearing at this time. What is your pleasure gentlemen? Smith: Mr. Chairman, I would like to make a motion that we ask the City Attorney to draw up findings of fact and conclusions of law on this agenda item. Borup: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CINDI'S FLORAL IN THE FRONT PORTION OF THE OLD ZAMZOWS STORE BY CINDI'S FLORAL - 611 E. 1sT STREET: Johnson: At this time I will open the public hearing and ask that the representative for the applicant or the applicant come forward. Diane Tipton, 758 S. Coral Court, Boise, was swum by the City Attorney. Tipton: Right now I have a Cindi's Floral located at Fairview and Milwaukee. We are one of the top 500 FTD shops in the nation. We would like very much to come to Meridian and use that as a point to deliver to Nampa and Caldwell also. We do a lot of business with Meridian, Eagle and Kuna ,feel we could help our customers and do a better job if we had the Meridian area to also go from. I am a long time resident of Meridian, I graduated from high school here. I have a lot of pride in this area and I would very much like to bring my business here and be part of the community. Johnson: Thank you very much, questions from the Commissioners? Borup: Mine are all related to staff comments, did you have any additional comments on any of them pertaining particularly to parking and landscaping? Tipton: I am a little confused on the landscaping because my understanding was that the City of Meridian had landscaped it two years previously and had determined that was the amount of trees and everything that should be there. So I am a little surprised that they want it to be redone. It is really nice, they have the bricks inlay out there and the trees. I am not sure where there would be room to put more. We are certainly willing to look at it, 1 just don't know where it would be applicable. Meridian Planning & Zo~g Commission • September 9, 1997 Page 12 Borup: That is why I ask, I think the landscaping that was done was more for East 1~ Street not the individual properties. The, you have parking spaces indicated here are those already put (inaudible) Tipton: Yes Borup: That is what I thought they were. I have no other questions at this time. MacCoy: Do you want to ask Shari about the landscaping. Johnson: You can do that Malcolm go ahead. MacCoy: Since he already started this line of thought, I too thought the landscaping was pretty well done as she points out they already had the pavers out there and the trees in. In fact I was even thinking the fact that she was home free. Stiles: Our comments were that if a building permit is to be obtained then they would need to provide additional landscaping to meet the minimum requirements? MacCoy: Has that been spelled out to her what that meant? Stiles: Well the comment is additional landscaping will be required prior to obtaining a building permit. That would primarily involve any of the, something additional in the parking area. Tipton: Our only change will be electrical, we will have to have something put in for the cooler. Also we use a lot of modems so there will be some electrical uses for the computer but other than that there are no other permits vve will need just electrical. MacCoy: So, (inaudible) landscaping plan? Stiles: Not at this time no. MacCoy: Continue on with the comments that we had and the staff had. You started down that same trail now on what you are going to change because I have been in that store a number of times and I think it is a good location for you. You are not planning to do any physical construction with that building, tear a wall out? Tipton: We will put a few shelves up and we will need to build a work table. Frankly one of the things that attracted us to this location is that it is an old building, it has a beautiful floor. It is very rustic and w8 want to keep that there. We are not trying to come in and fancy something up. We really like the way it is. There is very little, we will put a cooler in and a work table and that is just about all we will have to do to it. We are going to keep the existing shelving the way it is. Meridian Planning 8 Zonlrig Commission • September 9, 1997 Page 13 MacCoy: I am glad to hear you say that. The owner of the building and you have been in discussion I am sure because, are you dealing with Rick? Tipton: Yes I am MacCoy: Ne is quite detailed in what he wants and I was hoping that everything would be left pretty much the same because it is an old building and 1 like to see (Inaudible). The benches outside I can understand your direction but 8 foot clear is going to be a hard thing to come buy. Tipton: I kind of wondered about that, 1 didn't get to go measure it. What we really wanted wikh the over hang there it has such a nice shade that I was thinking and of course I have done this myself I have (inaudible) Davis Food and going past Zamzows. We thought it would be a nice place for people that were walking along to be able to sit and rest. If there is no clearance I guess there isn't. That was the point, we thought we could put some planters out there and make it more colorful and just a nice area for the residents of Meridian to enjoy as they are walking or senior citizens or children. MacCoy: I agree with you, I am just going to say it is a tight situation there so you are going to be very careful with your tape measure because it will be checked. signage, what are you doing for signage? Tipton: There is a sign up there already and I don't know if it is in compliance or not. tf it isn't in compliance obviously I will take it down. Rick felt that it would be easier for me to go ahead and use that sign then for us to find an electrician and move it around to the side of the building for him. I think that I can't stress enough that what we want to do is what is right for the City of Meridian. I want to make certain that #his is something that the City can be proud of. Whatever they want us to do with signage is fine, there is no problem. We will make certain that we comply with your ordinances. MacCoy: It needs to be approved anyway, so it would be a good time to ask your question. I had one more Johnson: While you are looking, Commissioner Smith do you have any comments? Smith: What, I am not certain what this squiggly line indicates in the parking area indicating mill is? Tipton: That is where the mill property goes. We have this part that we plan on renting and then the rest of it is the back of the Mill where they are taking (inaudible) to load and unload. Smith: (Inaudible) this is all paved back here? Meridian Planning & Zon• Commission • September 9, 1997 Page 14 Tipton: I think so, yes it is. These are marked as parking spots with paint and everything. When you get back here it is just paved, there is no marking as parking because the mill comes out through there and it has that big thing it hooks to. Smith: I didn't see any marking on these spaces out here but one of staffs comments was indicated the required parking sizes, which these don't match it. You are aware that these don't, but 1 think you are also going to be required that wherever you have provide parking you have to provide handicapped parking. I didn't know what the required number of stalls for this use. That would be the only other question or comment. (Inaudible) one, I think vre are covered. Commissioner MacCoy asked the rest of my questions so I am done. Johnson: Anything else from the Commission? Borup: I just had a question for staff which pertains to this and several others. The last sheet from the last agency comment is not marked which agency that comes from. I know there are several others coming up the same way. Smith: It is the Waste Water Department. Johnson: We need to get them a rubber stamp. If there are no other questions then we may call you back up. This is a public hearing, is there anyone else here to testify on this application? Any more comments from the Commission or from staff? I will close the public hearing at this time. MacCoy: Mr. Chairman, I move that the attorney prepare findings of fact and conclusions of law for this project. Smith: Second Johnson: Motion and a second to prepare findings of fact and conclusions of law on the application by Cindi's Floral, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT 119,395 SQUARE FOOT MINI-STORAGE UNIT COMPLEX (PHASES 2 - 4 OF THE EXISTING STORAGE FACILITY) BY AVEST LIMITED PARTNERSHIP - LOT 9, BLOCK 1, AVEST PLAZA SUBDIVISION: Johnson: I will now open this public hearing and if the applicant or the applicant's representative is here please address the Commission. Scott Weber, 5248 N. Black Bird Way, Boise, was sworn by the City Attorney Meridian Planning & Zo~g Commission • September 9, 1997 Page 15 Weber: Just representing Avest Limited Partners. We have reviewed the conditional use permit, we all agree with the conditions we will fully meet those conditions in our construction and our development. I will entertain any questions from P & Z if they have any. Johnson: Thank, questions from the Commissioners? Borup: Could you elaborate on the western entrance the one that is right Gose to Locust Grove that is going to have the gated entrance? Weber: That is going to be strictly emergency required probably from the fire department. That is in our last phase that is a concern of a P & Z we can look at moving that back and liking that up with the other entrance to Fred Meyers. We can sure look at that but that is probably going to be a year or two years down the road. We are just going to do the second phase right now. Borup: This is just for the second phase? Weber: It is for the approval of all of it but the first construction is only the second phase. I noticed that concern from P & Z on that entryway. It is strictly a breakaway gate for the emergency fire department and police department. It is always locked and closed. Borup: 1 assume the concern was fire stacking that Gose (inaudible) 1 am assuming that with staff comments. MacCoy: You are speaking of that E loop? Weber: Right there at the west end of the loop road. MacCoy: Your staff report also and rightly so brought the concern for the E Loop, item 4 on their report. Weber: That is what we were talking about before. MacCoy: The construction of your buildings, what are we looking at metal siding? Weber: Metal siding, wood framing, metal siding. Just exactly what we built in the first phase there right behind Fred Meyers, exactly the same way. MacCoy: What about color? Weber: It is a beige with a brown trim. MacCoy: So you are not changing your color system. Meridian Planning & Zo~g Commission • September 9, 1997 Page 16 Weber: It is all the same. MacCoy: I ask that question based on I have seen some that (inaudible) Weber: We make a good image. MacCoy: On exterior lighting, another concern I have what type of lighting Weber: We use a light that is right underneath the eve. It primarily shows down on the ground, you don't have any lights up because it does no good. We want the lighting down on the ground so we can see down the alley ways. That whole complex is going to be videoed, it is videoed right now, so it is highly lit. I think the complex is totally videoed 24 hours a day. All the alley ways all the doors are totally videoed. MacCoy: So you don't expect to have any problem with glare or any of those things. What about signage? Weber: We have now a sign on the east part of the property. We are showing on the plans there we have a monument sign, just a little monument sign. MacCoy: You don't plan to make some great big edifice? Weber: No, our primary sign is over by the east side of the property by our office. We want to steer everybody to our main office. They might have a monument sign with Stor-It with an arrow pointing towards the East. MacCoy: So would you say it would be your (End of Tape) Smith: One of my plans says pile on sign. Weber: No pile on sign. Smith: I would just like to comment that this is one of the rare applications we get that has elevations and plans that we can actually look at and do some kind of an evaluation on what is proposed. The existing berm here, you have an elevation indicated 10'8 inches to the eve, is that from the top of the berm? Weber: No that is ground level from basically the loop road level. The berm will go up on the side of the building so actually the building will be. Smith: The berm rolls down and will be cutting into (inaudible). The CMU, the split face CMU you indicate color beige is that integral color block or is that going to be painted? Meridian Planning & Zo~g Commission • September 9, 1997 Page 17 Weber: That depends on how the bids come in, I assume go the best if I can get a colored block I will go that way. Smith: Do your existing buildings have CMU? Weber: No Smith: So you are not trying to match anything? Weber: No, we are just concerned for the appearance along Locust Grove. I talked with Shari (inaudible). Smith: 1 guess I don't really have a question so much as a comment. There is an existing subdivision on the backside of this property and in my opinion this is really not what I would consider to be transitional zoning. But it is almost like we set the precedent for this to continue on around Fred Meyer when we approved the first phase. So that is all I have to say about it. Johnson: Anyone else? Thank you, is there anyone else that is here for this application that would like to address the Commission? Don Bryan, 2070 N. Locust Grove, Meridian, was sworn by the City Attorney Bryan: Hello members of the Commission, I haven't been here for awhile. I wasn't going to talk tonight but some of your questions provoked me to talk. I border the adjacent property of this proposed storage facility to the north. My property is the north, I have 400 feet of frontage along their backside. We set the precedent of the rural transition when we put in the first phase. When they did the subdivision behind me there was no rural transition between me and the subdivision behind me. It is nice that you think about it now. You made the comment on these people's plans and having their stuff together on the proposal. I think the more you work with these folks you will find out that they are 100°k truthful and they do what they say and they have a good project going. They treated me better than I ever expected to be treated with their development and the Fred Meyer property and the storage facility. I think there is nothing that would benefit me more than to have that storage facility next door to me than anything else. I just want to go on record as stating that they are on the up and up and my remarks are unsolicited by them. It is just dealing with them day to day. Do you have any questions? Johnson: 1 appreciate that Don, any questions? Thank you, is there anyone else that has any comments on this application? Mary Cahoon, 1875 N. Locust Grove, Meridian, was swam by the City Attorney. Cahoon: Good evening, just a couple of things. 1 live right near the loop road, obviously we have been greatly impacted by Fred Meyer and TCBY and all of those things that Meridian Planning & Zo~g Commission • September 9, 1997 Page 18 have gone in. Out of anything they can put in there probably the storage units aren't bad. My concerns are the traffic on loop road, my driveway aligns directly with that particular road and whatever you can do to help me with that. They do have an existing berm there during construction when they are doing this one thing that I would request to kind of help us out because the last time when they developed that one part we had so much dust and stuff rolling in and they have the berm there with the grass and everything. If they could put some sort of trees to kind of filter some of the stuff kind of flowing across or water it on a daily basis or something while construction is going on we would really appreciate that. Then you mentioned the signage and that is one thing that really has been tough for me is that when they built the TCBY they have a huge electric sign that I look right at from my front window. So please have them be very careful with that signage. Johnson: Any questions of Mary? Commissioner Borup, you had a comment. Borup: You mentioned you would like us to help you out on loop road, did you have anything in mind? I just don't know what it is that can be done short of removing the road which Cahoon: I know that is impossible, I mean, it is kind of tough getting in and out of my driveway and there is not much Borup: So it sounds like you feel storage buildings would be something a lot less traffic than (inaudible) Cahoon: I am hoping, probably won't have lots of semi trucks running and out of the storage complex. Johnson: Anyone else? Comments from staff? Is there anyone else that would like to come forward? Weber: The concern about the traffic, Mrs. Cahoon's concem about the traffic we tell our staff in the storage business to bring the traffic down Fairview to come in on the south entrance of the loop road to come into the storage because that is where our main office is. The sign will lie built down in the berm low down basically just identifying Stor-It there it won't be a high glaring light there. That is all I have thanks. Johnson: Last chance, anyone else? Borup: I have a question for Scott, I am sure I know the answer to this but has there been any consideration given to do phase 4 before the other phases or maybe the block building? Meridian Planning & Zo~g Commission September 9, 1997 Page 19 Weber: Well if you can guarantee me rent of about 400 units I would do the whole thing. It is kind of chop that up, I would have to fence and (inaudible) small business we have to look at numbers. Borup: When 1 first saw this application that was the first concern I had was bordering on Locust Grove (inaudible) berm makes a nice buffer from the rest of the building. Weber: By the time it is mature, it will take 4 or 5 years for the trees to mature that we are going to plant on there. It will look pretty, we have a fatlity up on Federal Way that is right next to a neighborhood and we did a similar thing and the trees are really big and you can hardly even see the buildings. MacCoy: Before you leave I have one question, or one statement I guess more than anything else. The lady that was just up here how about meeting with her and tacking about the trees and the berms. Weber: Sure, I have no problem with that. I have dealt with Mrs. Cahoon on a wall that vve put in front of TCBY to lower the light when they came through the driveway. 1 built that when I was in the middle of building storages and I am very aware of her concerns and I will work with her. MacCoy: I think it would help relationships (inaudible). Thank you Johnson: Last shot before 1 close the public hearing. Seeing no one then 1 will close the public hearing at this time. Before we make our motion I will point out to you that we do have preliminary findings of fact and contusions of law already prepared on this application and if the Commission so feels we can proceed with those if you wish and move this forward quicker than usual, normal. Borup: Mr. Chairman, does the blank need to be filled in? Johnson: Yes, we can fill in blanks, we can amend just as though they were any findings of fact and contusions of law. Smith: I didn't receive those in my packet. Johnson: I think it just was loose, wasn't in the packet. Probably would have been in your latest mail that you picked up. If you want to take a few minutes to look at those. Smith: I don't want to hold everybody up if everyone else thinks they are okay. Johnson: Any direction there Counsel, how many blanks we need to fill in or what do we need to do. Fitzgerald: My recollection is the only blank that is there is (inaudible). Meridian Planning & ZorlTng Commission • September 9, 1997 Page 20 MacCoy: Mr. Chairman, I request that the Planning and Zoning Commission of the City of Meridian hereby goes for facts of findings which we now have in our hands. Do you want a roll call vote? (Inaudible) So I will give the rest, hereby adopts and approves these findings of fact and conclusions of law. Smith: Second Johnson: Motion and a second to approve the preliminary findings of fact and conclusions of law as stated, roll call vote. ROLL CALL VOTE: Borup -Yea, MacCoy -Yea, Smith -Yea, Nelson -Yea MOTION CARRIED: All Yea J Johnson: There is also a decision recommendation that has been prepared if you feel you would like to pass that on to the City Council. Borup: Mr. Chairman, I move the Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and conclusions of law or similar conditions as found just~ed and appropriate by the City Council. That the property be required to meet the water and sewer requirement, the fire and safety code, the uniform fire code, parking, paving and landscape requirements and all ordinances of the City of Meridian. The conditional use shall be subject to review upon notice to the applicant by the City unless the City Council states that a conditional use is not subject to review. Smith: Second Johnson: Motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.5 ACRES TO C-G .AND R-2 BY ECONO LUBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: Johnson: I will now open this public hearing and ask the applicant to come forward or his representative to come forward. Patrick McKeegan, 218 S. Cole Road, Boise, was sworn by the City Attorney. McKeegan: As I stated my name is Patrick McKeegan, 1 am the architect representing Econo Lube N'Tune. With me I have Mr. Dennis Thornton and Mr. Glenn Budue Meridian Planning & Zo~g Commission • September 9, 1997 Page 21 representing Schucks Automotive. I do not know if (inaudible) I see Cheryl Todd is here representing them. IN order to keep things short and sweet we have read the conditions of approval and 1 don't know what the protocol is if we are going to handle these one at a time or take all three of them. We have read the conditions and (inaudible) Johnson: I will make a comment on the protocol or kind of what is customary if that will help you. Normally what we do when we have grouped separate hearings in order to speed things up we solicit all of your comments now ff we can get them and then we incorporate that testimony in those other public hearings so we don't have to repeat ourselves. That kind of speeds the process. Try to touch all bases as we go. McKeegan: That is whaf I was hoping, based on that it is my understanding that in regards to the annexation that the City has requested that the southern six acres be withdrawn from the annexation request which is the R-2 portion south of Wilson Lane and we do not have any disagreement with that. That will still leave a legal lot of record in Ada County and allow us to go forward with our subdivision process. The only other conditions that we would like to address is under site specific comments item #6 there was some discussion about the City not allowing a common storm drainage system. We would like to at least for the Econo Lube and the Schucks portion of the project request that dialog be left open so we can discuss that further. If the City absolutely does not want us to have a common system between those two parties then we are willing and able to put in individual system. Our intent was to hopefully save a little money and resources and have a common system and we would have the joint easement and agreements in place on that. For tonight's testimony I prepared a map or a site plan that indicates the relocation of the driveway as requested by the highway district which we are in agreement with Schucks and Econo Lube have come together and you have in place the proper access agreements that will allow Econo Lube to go through Schucks property and have access to their property. Johnson: Gan we get that on an easel somewhere so the public can see that as well. McKeegan: The other item that was not addressed in the report specifically was that we had shown an access easement from the northern two lots on the bottom of the site plan going through the common lot line between lots 3 and 4 to Wilson Lane. The highway pistrict in their staff meeting had requested that we remove that because they are concerned about long term cross through traffic through private property for people wanting to avoid the light at Locust Grove. In talking with potential purchasers of that property they have not indicated any reluctance to have us drop that. What we have done is we have taken that easement which also is a utility easement from Wilson Lane to lots to the north and we have moved that to the easterly property line. So our utilities will be extended Wilson Lane to the east property and then the utilities for Schucks and Econo Lube will come down that easterly access or utility easement. At this time I would just like to reiterate that we have read the rest of the comments and we answered Meridian Planning & Zo~g Commission • September 9, 1997 Page 22 those in writing to Shari and Bruce and would just answer any questions you might have concerning the project at this time. Johnson: Thank you very much for your presentation, any questions for Patrick from the Commissioners? Borup: At this point you say you do not have, are there any plans at all for the other tow remaining lots. What types of things are you anticipating? McKeegan: We are currently negotiating with a user in the area that would be using that for an outdoor storage of materials. But other than that we haven't actively put the property, since we don't own it and it is not subdivided. But it would be a use compatible with the C-G zone. Borup: Then, where did you anticipate access to those lots then? McKeegan: Off of Wilson Lane. Borup: From what you just mentioned about moving the easement so they are not anticipating any access through there at all. McKeegan: That is correct, they would have direct access off of Wilson Lane but they would not have, there would not tie an easement to allow the northern two lots to cross through that property to Wilson Lane unless that would be negotiated sometime in the future. In discussions on the salability of that property we have been told that is actually a detriment because it restricts, once you have that easement through the center of the property if somebody was to buy both lots for instance then essentially you can't build across that line. Borup: That would make sense. McKeegan: But they will have direct access off of Wilson Lane and we are under the conditions of approval we have to improve put curb and gutter in on our side, improve the asphalt plus 12 feet of the southern half. Wilson Lane will be improved much like it is behind D & B supply to the east property line. Borup: I think ACRD (inaudible) cross access to parking lots and some of the areas in the building. 1 am assuming it is a compatible business that would be going in. McKeegan: I think if that were to happen then we would be agreeable to that. Their big concern was that people ~nrould start using this property during peak traffic times as a cross through. MacCoy: Are you dealing directly with D & B for that cross section (inaudible)> Meridian Planning & Zoning Commission • September 9, 1997 Page 23 McKeegan: Yes, we are going to have a cross access agreement with D & B's parking lot to the west and then they have also expressed interest in that back piece but that hasn't been finalized at this time. MacCoy: Did you get a copy of this letter from Myall? McKeegan: Yes we did MacCoy: I realize it is kind of directed at both us and you. McKeegan: I can respond briefly to the letter. I can say addressing their concerns about the R-2 portion since that .has been withdrawn then the point in my opinion is moot at this time. That was the zoning that was requested by the owners of the property that we applied for and the City feels it is inappropriate and doesn't want to consider it then that is fine. So all their discussion about that would be probably better held for another forum. Concerning the irrigation and the water flow, we will, there is a supply ditch that runs through our property that used to supply D & B along Fairview Avenue. It has been blocked at the north, the west comer. So it doesn't serve any downstream users that we are aware of. If there any downstream users then we will the that ditch and keep it active. But we .have been told that there isn't anybody downstream from that and the maps seem to back that up. Where it comes onto our property we will maintain access to lots three and four as we are legally required to by State irrigation law until such time as those people decide that they do not want to use the water. If we can use the water for pressurized irrigation we are going to see if there is enough water volume (Inaudible) water to do that. Concerning the drainage ditch issues it is the same thing, we don't have any drainage ditches across the subdivision that we are dealing with. However there is one that comes across, it comes across Wilson Lane to the southeast comer of D & B's property and we would put in whatever boxes and then the the ditch where it crosses under the street. Our intention is maintain the irrigation to people that getting irrigation to take the drainage from the property and allow that to flow. All of our, as a condition of the City all of the run off water on our property will be retained on our property. There was also some mention of concern about potential contamination. The we are required by law to maintain the water or by ordinance to maintain the water on our property by yourselves and the highway district. There will be two lots between Econo Lube and Schucks property and the street and (inaudible) which vwe assume that Wilson Lane will also be accommodated or designed so that it will not drain onto adjacent properties. Just the fact that Econo Lube is very sensitive about hazardous materials, their lube pit is constructed of 5 different levels and layers of protection. It does not contain a drain. tt is designed to contain all of the total fluids that are on site in case there is some kind of a catastrophic event and then they would be removed. It is, they have never had, all the tanks are secured they are double walled tanks. They are much more concerned about contamination then probably the residents around there. They don't want to have any problems either. Schucks of course all of their stuff is (inaudible) in small containers and the stuff you would normally expect in an automotive type store. So as far as their personal concerns about their water and their property Meridian Planning & Zon~g Commission • September 9, 1997 Page 24 becoming contaminated it is a relatively low probability unless there is some type of catastrophic event in which there are probably a lot more uses around the area that are going to be causing problems also. MacCoy: I am just very interested and very concerned about the ground water and their drinking well and that is what you just answered. McKeegan: We are going to comply with all the health department all regulations. Econo Lube goes above and beyond that because there is some obvious liability issues for them if there is any. We have done level 2 tests on the site to make sure there is no contamination on the site at this point. So we know when we go in the site is Gean. We want to make sure we will never have anything migrate off the site onto somebody else's property. MacCoy: Moving onto another subject on lighting, exterior lighting. What do you have planned? McKeegan: Econo Lube because their normal hours are normally during the daylight hours they are not a late business: They start generally about 7:30 in the morning and they go to maybe 6 or 6:30 at night. They don't run late at night. It doesn't not have a need for site lighting or security light and so it prefers not to put anything there other than the minimum the City requires. Even if they did have those lights they would probably have them on a timer to where they would go off at a reasonable hour. Schucks hours are a little bit longer, they can go to like (inaudible) 9:00 so they would have a higher level of light in their parking lot for protection and security. They use a wall pack type of light on the building to shine out. We recognize that. needs to be shielded to keep from shining into the other properties and that would certainly be taken care of. Again their lights would be on a timer so that after hours at a reasonable hour they would shut down so you wouldn't have lights shining into what existing residences there are in the middle of the night. We want to be good neighbors. MacCoy: On your layout you said to us it may just be a symbol but it looked like your signage was either the same or similar between the two businesses. McKeegan: It is just a symbolic sign, they will be applying for. Both Econo Lube and Schucks will be applying for separate design review and signage permits on the property. They each have their own corporate signage packages which they will be requesting. MacCoy: Are they going for a monument type sign do you have any idea? McKeegan: If that is what the City desires, the first choice would be a pole. If there is some resistance there then we III certainly be glad to put in a monument type sign. Meridian Planning & Zonlhg Commission • September 9, 1997 Page 25 MacCoy: We don't want a pole with a blinking light system on it. Your ADA parking, you took care of that. Just one comment about that, you did show, everything was correct on the Econo Lube from the standpoint you had a slot as well as an area to unload a wheelchair and so on. That was good. On the Schucks side and this is what we are seeing happen every so often they are doing a sharing situation of that off loading section. I think what you ought to do since you are the architect is to take a look at the fact that vans are either loaded from the back or from the right side. So if you had two vans come in here that were wheel chair types you should have parking and then onto the right should have an area that they can unload a wheel chair on. That is just a suggestion to you. McKeegan: We will take that into consideration Johnson: Commissioner Smith? Smith: Quick comment, that is how I would have done the handicapped parking as Patrick. did it. Usually you are pretty squeezed on size. I don't know how you are on your parking. Was any consideration given to putting the buildings at the front of the property and the parking in the rear? McKeegan: The conceptual planning was done before I received I the project. So 1 will have to defer to Mr. Thornton. Do you want to finish with me and come back to him? Smith: I guess it seems like how every one of these retail developments get done is the parking gets right up front off the street. It is an eyesore. It looks like there is a lot of flexibility on the site to move things around and it just seemed like a viable alternative to the site planning here. McKeegan: I can speak to the Econo Lube site is that basically what is shown on the site plan on the north side of the building is the staging lanes for the lubrication. Econo Lube requires 50 feet from the building to any curbing or edge of parking. So even if we were to relocate the parking in front to the back the building would still be 50 feet away from, there would still be 50 feet of paving from just for stacking space for two cars to the front of the building. Smith: I just think there are some opportunities there for a little more attractive street side elevation which kind of leads me into my next pet peeve is there is no information as far as what the buildings Zook like. What the materials are, what the height of them are. I know Schucks goes for some pretty splashy graphics there are no color indications. t am going to ask that stuff be submitted for City Council review. McKeegan: Did I miss the boat somewhere, I thought there was a separate design review application in the City of Meridian to specifically address those. I can tell you that the Econo Lube building it is a split face block in two tones of light brown with a red canopy and a red cap band. Then the signage on the building is red. Meridian Planning & Zo~g Commission • September 9, 1997 Page 26 Borup: 1 think Commissioner Smith's comment is very appropriate because we do not have design review here. What little is done is here in the City Council. McKeegan: I would certainly be glad to submit that, the buildings are as you can see the Schucks building is in gray earthtones with stucco like material with again a red canopy and I believe red banding with blue accents. It is not quite a flamboyant as their earlier stores wrould be. An example of the store is they just recently constructed a store on Overland Road in Boise. Smith: That is a tilt up pre-cast? McKeegan: No it is a wood frame with synthetic stucco material. Smith: What is the height of the parapet? McKeegan: Econo Lube is 18'8 at the high part of the building and 16'8 at the rest. Smith: Can you repeat what he just stated? McKeegan: Schucks is 19 feet at the parapet. Smith: Irregardless, we are in here evaluating design issues so that information I don't think is inappropriate to ask for. I am assuming that you can make your parking work with these 16 foot 6 (inaudible) McKeegan: We are going to slip it back to 19 feet. Smith: Is this a zero set back zone here? McKeegan: Yes, it will be on the west side because that is an existing commercial zone, on the east side will be abutting existing residential zone so therefore we have to have the landscape buffer that is shown. As you can see on the plans wre have actually provided a 3'/Z foot landscape zone on the west side of the Schucks building also. Smith: (inaudible) may as well run it over the property line and stuck it on the other side for what it gets us. Then, one of the comments that was made was about the berm that was required to be put in front of D & B and that is in this 25 foot setback are. McKeegan: That is right and in our response we indicated we would comply with that. With the landscaping requirements I believe it is one tree per 1500 square feet of asphalt. Smith: What is the construction of the periphery fence? Meridian Planning & Zo~g Commission • September 9, 1997 Page 27 McKeegan: We are required to have one on the residential side. Because it is an existing residence I would think a wood fence would be appropriate, a 6 foot wood cedar. If there are other considerations then masonry to match the building. Smith: I think just from the longevity and durability masonry is probably a better solution but of course there are cost ramifications that go along with that and maybe the City Council will have some thoughts on that. I guess, I would just like to see some consideration made to if it is feasible to put the buildings at the front of the site and the parking at the back. I think it is a better design and kind of starts to set the tone to where we get away from this strip development that is prevalent along Fairview and Boise and that kind of leads me to my next comment. It seems like Schucks and Econo Lube have a working relationship together and it would be nice to omit one of these signs here and see if you guys can work together and developing a nice monumental type of sign that both of your businesses can share if you feel that is necessary to have besides the signage that is pretty predominant on the buildings. Again there is nothing that is written that says you have to but it would be nice to start setting a tone for some of this development along Fairview so it doesn't end up looking like Boise on Fairview. McKeegan: I would assume that the signage allowance for each individual property would then be combined also. Smith: Which signage allowance are you talking about? McKeegan: Well normally there is so many square feet. That is we were allow 100 square feet per project that we be able to put a total sign of 200 square feet. Smith: 1 would think so but that is not for me to say. I guess that is something you would want to review with staff. That is the extent of my comments. Johnson: Anyone else from the Commission? Is there anyone else representing the applicant that would like to be sworn at this time? Dennis Thornton, 13571 Carol Way, Tuston, California, was svrom by the City Attorney. Thornton: Mr. Smith raised the issue as to would we be willing to consider moving our buildings forward. In fact we prefer to have our buildings forward Mr. Smith, however when you look at the configuration of these particular buildings in line with what is to this direction 1 think that is east or west. To the right, there is contemplated a cross access agreement with D & B which would allow parking and I think from a safety standpoint if somebody overshoots D i?< B they can pull into one of our parking lots, drive through without having to get back out onto Fairview, Which mitigates your traffic issues. I can't speak for Schucks but I think we both feel that this is probably the most conducive for the area. We are happy to move closer because we don't know at this point what is going to happen on the left side of the site.. Somebody may come up and put one 25 feet off the Fairview Road which would then block our view from one Meridian Planning & Zo~g Commission • September 9, 1997 Page 28 direction. But in the spirit of trying to make it safe and compatible with the other use there we wanted to work with what we had. That is the reason. Smith: I think that is one of the real short comings on probably all of the strip developments you see is there is no connection to leave one property to go to another you have to get out on the street. I did think about that but 1 guess f just felt in weighing the two issues that moving the buildings up held more weight to it than the connection to DBB. Thornton: Are there other questions? I would emphasize that Econo Lube N'Tune is very cognizant of environmental issues. In fact we recycle everything but spark plugs and air filters. We over engineer the pit, the construction cost in the pit alone are $22,000 and only we inspect those because we want no chance of leakage. The three individual owners of the company like to sleep at night. Smith: Just coming back to the site plan a minute. I don't mean to say that weighing one against the other doesn't mean you can't do both. 1 don't know, I haven't sat down and played around with rearranging things on here. So I don't know that it can't be done. If you could achieve both obviously that would be the optimum, if you can't personally my feeling would be to minimize the impact of the visual of the parking along Fairview and to move it to the back. Thornton: I think you achieve some of that with your berm don't you out front Mr. Smith? I apologize I am not trying to be argumentative. Smith: I don't, not really. You block the first row to some degree until you get a car parked there. I am assuming your access to (inaudible) Johnson: Any further comments? MacCoy: I would like to put something in for the record. Right along Commissioner Smith's direction, he is thinking correctly, I did take the time to go meet with the leadership with D & B. They have been very plus in their viewpoint in working with you people. They said they tried to make that tie across to yours so it matched up and vice versa. I like the idea that you can run from one to the other (End of Tape) Glenn Buday, 529 N. Oxford Lane, Chandler, AZ, was swum by the City Attorney. Buday: I just wanted to address a couple of the comments that Commissioner Smith had regarding the site plan and the building orientation. We would like to move a little closer too, but in lieu of the way our typical buildings are laid out we have a front entrance right in the center of the building as you are facing the site plan looking directly at the building. We want to make sure our customers that coming out with oil and batteries and that kind of equipment can get to their vehicles right away. That is why we have parking right in front of the building. In order to do that we would have to put the Meridian Planning & Zo~g Commission • September 9, 1997 Page 29 building up and get parking around the rear. That becomes kind of a dead end parking area where you just have one aisle of parking. We typically like to have parking along the side, I calf it on the left side of the building. But because of the restraints of the sizes of property we can't do that. What we would like to do is make sure we provide a very safe ingress and egress out of our site. As you go into the site incidentally I think that driveway entrance driveway will probably be moved over another maybe 10 or 15 feet to the right because I don't think that alignment is right. We got some information from the highway department but I think it was incorrect in looking at that today. So that even gets the driveway more centered on our building. What we would like to do is provide a 30 foot driveway rather than a 25 foot driveway so that customers coming into the site will have safer ingress and egress. Then as mentioned have our crossway easement over to D & B Supply which is in direct alignment with what they have right now because they all have the 25 foot buffer. I think either 25 or 35 foot drive and then the parking. And I am here to answer any questions you might have. Johnson: Thank you, any questions? Mr. Borup? Borup: I feel like we are beating this site thing to death. Have there been any thoughts on turning the building the other direction? It would accomplish two things, turn it the other direction is would move 70 feet closer to the road, still leave the egress to D & B, get you your parking on the side and still leave the area in the back maybe for the overFlow parking. Buday: Where would the customer entrance be? Borup: I guess that would depend somewhat on the design of the building. You could leave the same design you have now and have the entrance here on the left side or the other choice would be redoing the entrance there. I would assume (inaudible) But then again I realize you have an adjoining building there to be compatible with too. There are some alternatives along the line that Commissioner Smith was talking about to get it a littler closer to the road and maybe still (inaudible). Buday: We will look into that, 1 don't have a problem with that at all. I would be happy to go back to the corporate architect to explain what the issues are. Smith: Is this a standard building foot print? Buday: Yes it is. Smith: Is this the only one that Schucks has right now and I hate to make you get up again, I have the same question for Econo Lube. Thornton: This is a standard, we have three or four configurations we can use. This seemed to be the most appropriate. Meridian Planning & Zo~g Commission • September 9, 1997 Page 30 Johnson: Thank you, this is a public hearing, is there anyone from the public that would like to address the Commission on this application? Any comments from staff? Any more discussion before I close the public hearing from the commission? At this time I will close the public hearing on item 12, this is the annexation and zoning request. This would require findings of fact and inclusions of law. Smith: Mr. Chairman, I would like to make a motion that we direct the City Attorney to draw up findings of fact and contusions of law for the annexation and zoning of this agenda item. MacCoy: Second Johnson: We have a motion and a second to have the City Attomey prepare findings of fact and contusions of law on item #12, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR ECONO LUBE SUBDIVISION BY EGONO LUBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: Johnson: I will now open this public hearing and invite the applicant to come forward and be sworn again and request incorporation of prior testimony and any additional comments he might have. Patrick McKeegan, 218 S. Cole, Boise, was sworn by the City Attorney. McKeegan: I would request that the previous testimony be placed into the public record on this item. Johnson: Any comments or questions from the Commission? Smith: 1 have a question for you Mr. Chairman, since this is ah application for a preliminary plat, a lot of our comments were addressing the site plan as it was laid out. How can we, what is the most expeditious way to keep from holding these people up and still have them re-look at the site planning as they had stated that they were willing to do? Johnson: I am not really sure about that, I can tell you traditionally what we do. Traditionally on a preliminary plat when it follows an annexation and zoning request we table that item as we can't act on it because we haven't annexed or zoned it. If there is anything you can add to that Counsel? Meridian Planning & Zo~g Commission • September 9, 1997 Page 31 Fitzgerald: Not really, that is what in terms of the public hearing on the preliminary plat you can bring that up and discuss that and when you move it on when you do finally act you can add that to your motion to the city Council as part of your recommendation. Smith: From the standpoint of the property subdivision the items that you have asked us to take a look at will not be affected by that, will not affect the property subdivision as we have it shown. Schucks and Econo Lube are going to be essentially splitting that lots 1 and 2 into equal portions. Econo Lube will have the easterly half to work with and Schucks will have the westerly half to work with and the common access drive is going to be on that -ine. So that will be working with those pieces on their individual lots. Johnson: In the absence of any additional public testimony at this point I don't see where that is a big issue. If that were to be changed if they did a redesign we could incorporate that into the comments and move it onto City Council level. Borup: Excuse me Mr. Chairman, I think probably Commissioner Smith's comments apply to item 14. Johnson: Which is the conditional use permit itself which we will take up next. Smith: I guess we are just approving the property (inaudible) Johnson: Is there anyone else representing the applicant that would like to also have their testimony incorporated? This is a public hearing also, anyone else that would tike to comment on the preliminary plat? Any other questions or discussion? Seeing no one then I will close this public hearing. Smith: Mr. Chairman I would like to make a motion that we table this item pending approval of annexation and zoning to October 14, next Planning and Zoning Commission meeting. MacCoy: Second Johnson: A motion and a second to table item #13 until October 14"', our next regularly scheduled meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF ECONO LOBE N'TUNE AUTOMOBILE MAINTENANCE AND LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE BY ECONO LUBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: Meridian Planning & Zo~g Commission • September 9, 1997 Page 32 Johnson: I will now open this public hearing and ask that the applicant come forward and be sworn again. Patrick McKeegan, 218 S. Cole, Boise, was sworn by the Ciry Attorney. McKeegan: I would request that the testimony presented in item #12 be incorporated into this hearing. Johnson: Anything further? McKeegan: Not at this time. Johnson: Thank you, any other comments from the applicant's representative? Anyone else from the public that would like to address the Commission? Any staff comments? Any comments from Commissioners? Borup: I have one Mr. Chairman, I have got t think the same concerns as Commissioner Smith. Now we are down to approving the construction of the building and we have got some computer renderings that look real nice. But I think maybe for our comfort level we would like to see some type of plans. Smith: We only have the elevations on the Schucks we don't have them on the Econo Lube. Borup: Again for the applicant's, my understanding this would not delay the application if we can have that by our next meeting. Johnson: Do you concur with that Mr. Fitzgerald? Fitzgerald: Commissioner Borup are you saying that they submit that information so that it be forwarded onto the City Council as part of the consideration by that body? Borup: We well we are not going to be (inaudible) until next meeting are we? Fitzgerald I assume that you will request that the City Attorney prepare findings of fact and contusions of law which the neM meeting you would be approving those findings of fact and conclusions of law. Certainly we can put in there a request that if they are agreeable to submit that information we would pass that onto the City Council. Johnson: Just make that part of the motion. Smith: I don't want to lose site of trying to work some of these issues out on the site plan either. Meridian Planning & ZoPifng Commission • September 9, 1997 Page 33 Borup: The subdivision didn't address the site plan it is just strictly dividing the tot, it is just boundaries. Smith: I mean as far as the building siting and the location of parking and building orientation and all of that. 1 would like to see the whole package, the building design. We have the Schucks but what you were asking for in addition to that the Econo Lube N'Tune (inaudible) site plan. So I don't, how do we do this? Johnson: Well we somewhere along the line here are gong to have a motion, you may win or you may lose. Smith: I will take my chances, so I need to, what I want to do when I make the motion is I don't want to delay the process. I want to keep it moving forward but I also want to allow us the opportunity to review the proposed design as it addresses the issues that we brought up tonight. McKeegan: Can 1 interject, I have the exterior elevations on the Econo Lube project that we can bring those in. As far as addressing the site issues would it be appropriate to work with Planning and Zoning Administrator on those between now and the next meeting and then submit those as part of your next packet so that you will have a chance to review them. And if you (inaudible) I think that we know the direction you want to go it is just a matter of being able to efficiently design the parking is what I am concerned about is being able to efficiently get enough parking on site to meet the requirements. Smith: Are you pretty tight on parking right now? McKeegan: I was discussing that with Ms. Stiles during some of the other testimony that there is a discussion here about a requirement for 54 parking spaces. But that was based on the whole building being occupied by retail space. And actually about half the building is storage space which is one space per 1000 so using that we are actually overparked. But Schuck's has a target they like to provide around 40 spaces that is what they generally need for over flow. Smith: Can we make a motion to have findings of fact drawn up with and still have the opportunity to review these issues at the next meeting? Johnson: That information would have to come forward and it would have to incorporated into the findings of fact and conclusions of law that are prepared. There will be no other meeting, we can't be in violation of the open meeting law. So whatever comes into has to be incorporated into that to do that. Whether you can legally do that or not without another hearing I don't know. Meridian Planning & ZoTng Commission • September 9, 1997 Page 34 Fitzgerald: I guess I am a little confused here, f am getting a little apples and oranges, you want to keep the process moving forward. The next step would be for the preparation of findings of fact you approve that and it goes onto City Council. Smith: I want to keep the process moving forward if it is possible. If not can we have continue the public hearing and have preliminary findings of fact drawn. Johnson: If that is a motion you can do that. Borup: 1 have a comment if they are going to be (inaudible) I think tying into D & B I think everyone is in agreement on that, that is worthwhile. Probably the problem is if you need 50 feet of stacking for Econo Lube that is probably going to be the biggest challenge is that. But there still is something that can be done there. McKeegan: We just have to shuffle the parking lot. Also what we would like to do is maintain some type of cross access to the property to the east when it develops. We don't want to close off possibility which then it becomes a question of if you want to have that row of parking along Fairview Avenue so the driveways align or if you eliminate the parking in front of Schucks and pull the driveway down farther which is going to affect the parking on the person to the east. Smith; Does the cross access have to happen at the front row of parking. Can it happen back in one of the farther back rows? McKeegan: If you require a cross access agreement in the center of that property then it may be in the middle, if that becomes commercial property somebody may want to build a building there. You may not get it because it may be going into the middle of their building. Johnson: I think we are getting a little too detailed. I don't think wee are going to be able to work all this site plan out this evening. We need to do something to satisfy you so that you get some additional input. If that doesn't happen then you don't have any alternative to delay the project. I don't see where you can do it any other way unless you want to attend a meeting with the applicant and Ms. Stiles that could certainly be part of your motion as well. But otherwise we leave the public hearing open and we start a new one on October 14~' with that particular (inaudible). Borup: I like idea of leaving it opening and preparing preliminary findings. MacCoy: I want to take a review of this material. Johnson: If want to leave it open then I won't close the public hearing. Any other comments from anyone? If not then I will entertain a motion. Glen Buday, 529 N. Oxford Lane, Chandler, AZ, was sworn by the City Attorney. Meridian Planning & Zo~g Commission • September 9, 1997 Page 35 Buday: The reason I am up here, I am confused. 1 really don't know whether you are tabling it whether you are approving one of the three items or whether we are approving two of them. Johnson: We haven't done anything yet. Buday: That is kind of where I am at. We can do this one of two ways. I guess we can table this and come back with something that might look a little different in terms of the site plan. Or we can go ahead and take a look at each one of these conditions and approve them and then I can come back on a staff level and go through them and go through it that way. I am just very uncear I just need to be able to determine what we are doing here. Johnson: We are kind of unclear because we are not sure what Mr. Smith wants. Which is fine without a delay I don't know how we can accomplish what (inaudible) Buday: Then vve would be delaying all three items then the way I see it. Johnson: In essence you would be. Buday: And if we are we are and if are not we are not. Smith: What I would like to see you do is take another look at the site plan and while you are doing that put together your building elevations so that we can review all of that together at the next meeting which ~nrould not tie tabling this item we would be continuing it. We wilt also ask the City Attorney to prepare preliminary findings of fact and conclusions of law and therefore we can act on those it is possible we can act on those the same time we review the design at the next meeting so we can take care of all of that at once. Johnson: It is possible Smith: So we don't have to go into November. Johnson: Well you don't have to ask for their approval if that is what you want to do. Buday: You were asking for building elevations, we have submitted some building elevations, Schucks has I think you have that packet. Smith: I haven't seen it. Johnson: It maybe be at staff level and hasn't found its way to us. Meridian Planning & Zofftnng Commission • September 9, 1997 Page 36 Buday: We submitted that with the application, we had site plans, elevations, floor plans, building, all of that stuff was available. I would have remembered and I would have complimented you on providing that information. Smith: Irregardless of whether the elevations were submitted that is just something we need to work out with staff. Irregardless I would still request that you re-work the site plan. Buday: If there are any other questions it is unfortunate that you hadn't received those elevations and site plan but that was all part of the package that was supposed to have been submitted. We brought along this color elevation it is just for viewing. Smith: Nonetheless (inaudible} we continue this to allow us to review take another crack at working out some of these things on the site. Buday: Thank you Smith: Mr. Chairman, I would like to make a motion to continue this public hearing to October 14`h and ask that the applicant redesign the site plan addressing the comments and concerns that were addressed this evening and present building elevations to the Commission and that the City Attorney prepare preliminary findings of fact and conclusions of law on this agenda item. MacCoy: Second Johnson: Discussion? I have a question, you made it sound as if they have to redesign it, was that your intent or just to look at redesign? The way your motion it doesn't leave any leeway there is no flexibility there. Smith: I will revise that one little bit to look at and work with staff on redesigning the site plan. MacCoy: Second Johnson: We have a motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A BEER, WINE, AND LIQUOR SPORTS BAR BY WILLIAM & LYNN MARTELL - CORNER OF FRANKLIN AND CINDER ROADS: Johnson: At this time I will open the public hearing and 1 would like to give some instructions or at least hopefully they will be instructions. We have a large group tonight obviously you are all interested in this and a lot of you will want to testify. If you follow Meridian Planning & Zo~g Commission • September 9, 1997 Page 37 our sign over here our guide keep your remarks concise and I will try to limit those to three minutes. Try not to be redundant, don't repeat the same thing over and over. But if you want to echo somebody's remarks that is fine. We will move this along as quickly as possible. At this time I will open the public hearing which I have already done I guess and invite the applicant or the applicant's representative to come forward and be sworn and address the Commission. William Martell, 2241 NW 10~n, Meridian, was svrorn by the City Attorney Martell: First thing I want to do is to try and get rid of these misconceptions that we are going to be similar to a Kit Kat or a JB's Sports Bar. The Sports Bar I am recommending is only for sports such as your baseball, football, basketball. Large screen t.v.'s, pool, darts, shufFle board, that is what I have now. That is what I have now, I have run a bar successfully for 6 % years and all I want to do is expand it and move to this location. It is not going to be like a Kit Kat or a JB's and it is not on the comer it is back from the comer. That is a very bad misconception, we are located approximately 200 feet east of that corner is where our lot is supposed to be. Johnson: If you would just tell us a little bit about your building, your design that sort of thing. Martell: The building and design is probably just as you have plans of just a nice little 3200 square foot building. It is just basically going to be a place for people to come and enjoy themselves, play some games, play some darts, play some pool. Johnson: Thank you, questions of the Commissioners to the applicant? MacCoy: I do, have you read the staff report for this material? Martell: Yes MacCoy: Do you have any comments about it? Martell: I have no problems with any of it. MacCoy: You mentioned a sports bar, people (inaudible) yet you are going to sell beer, wine and liquor at your location. Martell: Yes sir that is what I do now. After 6'/z years and I haven't had a problem with anything. MacCoy: I guess I have a problem from the standpoint that I know you are outside the school zone situation but I think it is with beer, wine and etc. being sold in the premises it is not a good thing. We are trying to get our kids to do a better job and I have a real Meridian Planning & Zo~g Commission • September 9, 1997 Page 38 problem with that. Also the location of Franklin and Linder, just a question on why did you pick that location? Martell: We picked that location because ~ feel that things are moving that way. There is going to be a new five lane by this time next year on that area. We picked that location because we feel things are moving that direction. That four corners is zoned commercial there is going to be some commercial there. MacCoy: Agreed there will be because that is the way it is zoned. But it is basically a residential area to the south and it is already a bad traffic intersection. f realize the five lanes will be a big help because it will be probably lighted with traffic lights. But I guess I have a real concern about the Gientele that will show up there and I don't care to read in the paper about two cars coming together at angles and we have another death on our hands. Johnson: I don't think we are going the right direction. 1 think what we are doing is being philosophical here as a commission and we need to confine our remarks as a commission to the application and what is being presented. I am sure we will get plenty of that type of comment to follow here shortly. MacCoy: 1 am sure we will too, but I wanted to make sure that one you had read the staff material and you mentioned just a regular simple building. Is that going to be a wood building? Martell: Not it is going to be a block building, decorative block on the front with wood trim and wood easements on the front of it. MacCoy: What about your signage now? Martell: signage we will do whatever the Commission decides we can do there at that time. We have not planned that. MacCoy: What about, another thing that is a concern of mine is the lighting, the exterior lighting of a building like this. Martell: We wilt have parking lighting and exterior lighting that is required and that should be there. MacCoy: I don't want anything glaring into the actual traffic. Martell: If it is we won't put it there. We are set back quite a ways off the road. We allowed for setbacks that the 11 foot that Ada County is taking out. We are setback to the back of the lot. MacCoy: I am going to hold the rest of mine. Meridian Planning & Zo~g Commission • September 9, 1997 Page 39 Smith: Again I would like to see what the building looks like that you are proposing here. I can't even quite frankly I can't even make a decision on this without knowing what the building is going to look like. You have stated it is going to be masonry decorative block on the front, what is going to be on the rest of the building? ~~, Martell: It will be a cinder block finish with a smooth finish on the exterior. We have a set of plans here don't we? Smith: I have a site plan. Martell: Oh just a site plan you don't have a set of the regular plans? Smith: I only have a site plan, it is always desirable to submit the additional information the elevations. We can't evaluate this. You are asking us to make decisions on building projects here and vue have to know what they look tike. Johnson: On the applicant's behalf here he has submitted what is required by our ordinance. Smith: I understand that, I am not going to belabor the point. Again siting wise from a site planning standpoint I would like to see the parking in the back and the building up front. If the building is designed properly 1 think that would be a more desirable frontage. Martell: I think it can be designed that way too. I don't see a problem, you can have some in front or some in back. We do have the room to do that. Smith: That is probably, what are your hours of operation? Martell: Hours of operation are 10 in the morning to 2 a.m. Smith: That is pretty much the extent of my comments then. Borup: I had one other, and that is pertaining to the staff comment number 18 about water main, apparently at least on the comments there is not a water main in Franklin Road at this time. Martell: I read that myself Keith and I am not sure, I haven't looked into it far enough to see how close that water main gets to us. Borup: I just wondered if you had addressed that or discussed that with water department or anything. Martell: We have not at this time no. Meridian Planning & Zo~g Commission • September 9, 1997 Page 40 Borup: Apparently they are planning on doing that when Franklin Road is constructed which brings me to the question what time frame did you have? Martell: Well our time frame is based on whenever we can get it done Keith to move into the thing. If we have to move a little bit on that water main I sure don't want to drill a well for it. Borup: I don't think that is an option, not being in the City limits. Martell: So if we have to wait for that or if we have to get with the water department to see if we can get that done a little early we will. Borup: You said you are operating a bar presently, is that in Boise? Martell: It is right here in Meridian Borup: What is the name of it? Martell: Bill N' Lynn's Place and this will be the same place. It will still be the same place, we are not opening a new one we are just moving our existing one. Borup: I have no other questions at this time. Johnson: I have one question regarding this letter from Bruce Freckleton and Shari Stiles dated September 4, do you have that letter? Martell: I do not have a copy of that one. Borup: Those are the staff comments. Martell: I have those right here. Johnson: I just for my own edification wanted to see if that question had been resolved in number 1 specifically where it says repeated request for the applicant's representative to include the entire parcel on their site plan have been ignored. Is that, have you ever responded to that? Martell: I was not aware I will have to talk to my builder back here on that because he has been handling that, my realtor and my builder. I was not aware it had not been resolved. Johnson: Any other questions? Thank you very much Bill. This is a public hearing, is there anyone else that would like to address the Commission? Connie balling, 1388 W. Crestwood Drive, Meridian, was swum by the City Attorney Meridian Planning i~ Zo~g Commission • September 9, 1997 Page 41 Dalling; I received this notice in the mail, it only was sent to 3 residents in our subdivision because it only has to go within 300 feet of where this property is to go. So people were kind enough to photo copy it and send it on. When I first read it I was concerned about it just personally I did not want to have my kids pass a bar on their way to and from school every day plus lunch. So I started talking to a few of the people, there was many people that lived within a mile of me that had not even heard about this notice. They did not receive anything in the mail and I understand that by City requirements you do not have to notify everybody around. So I asked, 1 photo copied 400 copies myself and passed them out to some of my friends and asked them to help me with a petition to let people know that we are not interested in having a bar besides our residence. I was amazed with the overwhelming response 1 got when I was out getting petitions. I didn't even have to finish speaking before people said give me the petition and let me sign it. I didn't even have to finish telling them about it. I have over 667 names here, I would like to submit to let you know these people are all I believe within a mile vicinity all around this location. To let you know that we do not want a bar built on that corner. We understand that it is commercial but we do not want it to be a bar. I would also like to have a photo copy of this. Johnson: Yes you have to leave that with us since you are entering it as evidence. You don't have a copy of it? Dalling: I didn't make copies I didn't know I needed them. Johnson: Well maybe you can talk Will into doing it but it is $.10 a sheet. Dalling: The main thing t wanted to say is with less than 6 months ago there was a big rally in Boise with the Enough is Enough program. I did not go to it myself but all of the students from Meridian High School were sent to it and these kids were told no drinking. They didn't say a little bit, they didn't say in a nice bar go ahead and do it. They said no drinking, enough is enough. That is my main concern, is where do you stand is enough enough? I do not frequent the bars in Meridian but right off the top of my head I can name nine. Where are the places for these young people to go and have some recreation. Where does Meridian have for us as families to go and have recreation. This town needs to start providing more places for families and for the youth to be able to stay here in Meridian and not have to go to Boise for entertainment and recreation. We have one City park and I ~nrould like to see us be able to get more parks. We could use another swimming pool. Kids that go down there have to just bob up and down to enjoy the water. I understand that the City does not make a whole lot of money off of City parks but I think that is something that is better spent to do something like that then to put a bar in. One other thing while we were doing the petition the lady that owns the property on the northwest corner of Linder and Franklin wrote this letter, she could not be here tonight but she wanted me to submit it to let you know that she is not in favor of it either. Meridian Planning & Zo~g Commission • September 9, 1997 Page 42 Johnson: Thank you, any questions from the Commission? Thank you very much Ehno Tiddens, 213 E. 2nd Street, Meridian, was swum by the City Attorney. Tiddens: I am 70 years old, retired, I live by myself. About twice a week I either walk or drive to Bill N' Lynn's from my house. On the way I pass two bars that are owned by people that do not live in Meridian. That is the main reason I go to Bill and Lynn's he is very proud to live in Meridian. It is real nice to go there especially just to be around people. I meet some of my other senior friends there and we discuss the current everts and I like, I don't have cable t.v. that gives me a chance to watch the Seattle Seahawks and the Seattle Mariners play once in a while. Like Bill says people just have a lot of fun there. What he means there but fun 1 believe is that people have their birthday parties there, people have their 40"' anniversary parties there. We have super bowl game parties, all of that nature and Bill and Lynn are always very generous in furnishing food for a free buffet so everybody can eat as well as drink. 1 do believe, I don't see where his bar business would be any more objectionable as far as noise and lighting especially being set back from the road like that. I don't see how you could object to that any more you could a Circle K or other types of business. And I believe this way too that if some other business is authorized to go into that location in place of Bilf N' Lynn's I think it is very discriminatory. Thank you Johnson: Thank you, any questions of Mr. Tiddens? Borup: I do Mr. Chairman, is it you say you go there a lot now. Tiddens: 1 go there about twice a week on the average. Borup: Is it getting pretty crowded there, is there not enough room? Tiddens; He does a very good business, it gets crowded at times yes. Borup: At times, do you feel a new location is a better place for you to go? Tiddens: Well yes, I am glad you asked that. By making Franklin Road to five lanes I understand they are going to put curb and sidewalks along that too. That will make it a lot easier and safer walking for me to go there. It is about the same distance as the other place. Borup: That is all I had. Smith: I am just confused, was the opportunity to watch the Seahawks a testimonial for or against this? Never mind Johnson: Anyone else? Meridian Planning & Zoning Commission • September 9, 1997 Page 43 Renee Jones, Meridian, was sworn by the City Attorney. (End of Tape) Jones: I would like to voice my opposition to the use of the NE quadrant of Franklin and Linder for a bar. My opposition is so strong in fact that my husband is attending a school open house this evening and I am here. The contiguous area most particularly the immediate north, southeast and southwest quadrants is single family residential use with a high population of school aged children. My subdivision alone which is in the southeast quadrant has three school buses transporting kindergarten and elementary children not to mention the middle and high school population. In the nearly five years I have lived in my home I have witnessed eMreme traffic abuses and infractions and sadly even road rage in my subdivision and along Franklin and Linder roads. It is my believe that allowing a bar to be built on the requested site would not only increase such difficulties but encourage them. I have a five year old daughter just entering the school system and while she is of an age where she is always supervised as she ages and her boundaries expand 1 don't wish to see her or any other child unnecessarily exposed to the dangers that would arise from a bar in our neighborhood. In the future I do not want to deny my daughter biking to a friends house because she would need to pass a bar which in itself increases traffic, disrupts traffic flow and increases traffic violations and negligence due to perhaps intoxication. I don't not wish her to be subjected to any potential deviant behavior from those gathered outside the bar. While am not opposed to bars per se I am opposed to their location within a residentially populated area particularly given the hours of operation. Let Bill. and Lynn's stay at their current location. In short I do not want to see approval of this use. Johnson: Thank you, any questions? Alan Hochstrasser Jr., 1010 Pennwood Street, Meridian, was sworn by the City Attorney. Hochstrasser: In 1991 my wife and I were married and we moved to Meridian. I am a graduate even though 1 have a baby face of Meridian High over 11 years ago. I have seen Meridian go through a lot of changes and this not a written speech so I apologize if it is somewhat haphazard. But I do want you guys to know I know how hard your job is. I am really proud of the effort you have maintained. I am not opposed per se to a person building a bar but I cannot support this particular location. I live in Fenway Park, my wife and I have raised a family since 1991. We have two kids, one living and one deceased and I have to tell you right now. I cannot feel comfortable having a bar particularly one that is supposedly a sports bar. 1 would like to just point out one thing that I hope is helpful to the Commissioners. That is for a sports bar and I am really tired of hearing a respectable sports bar. To me a bar is not a synonym for respectable necessarily, now that doesn't mean that it necessarily any bar is bad or shouldn't be located. But it is not one that generally promotes responsibility. It is not one that generally especially with the hours until 2 am in the morning promotes good common sense. Now I know we Meridian Planning & Zon~g Commission September 9, 1997 Page 44 can't say that 2 drinks equal a drunk driver all we know that the more alcohol that is consumed the more tired and fatigue that a body has the poorer your judgement becomes. Now when we want to talk about it being a respectable sports bar. to me that feels like it is somewhat of a tagade. First and foremost rf it is a sports bar with large screen tv's, shuffle board, darts, and pool tables all crammed into a 3200 square foot facility. I have a hard time picturing that. 1 Know that dart boards are generally found in bars. I have a hard time, I sell t.v's for a living figuring out how many tv's can be in there and still have the functionality of a working bar. The other thing is if it is open until 2 am I don't care how badly the Seahawks are doing they will not be playing at 2 am. What will be going on there? Well the Martell's certainly hope that it is a lot of drinking, that does not promote responsibility and I have a hard time seeing that. Also just because there is a dart board in there if I have a bible and a Koran that doesn't make it a multicultural religious center. It does not, it is a bar let's call it plain and simple, it is a bar. My parents live in Eagle and they have been raised in Eagle or t have been raised in Eagle with the exception of getting married and moving to Meridian. When 1 go to visit my parents and there have been times for my parents health that I had to go to Eagle. How do I get to Eagle, think about it you take Franklin Road and you pass several bars before you get to Eagle, well can't do thaf. If it is in the middle of the night I can't feel safe going at 2 am (inaudible) a person that has obviously been drinking for quite a few hours. So what else do I take, the only route I have that 1 can feel safe is Linder Road. The same one that my son when he attends Meridian High School will have to pass by after a school dance. I am sorry 1 don't mean to sound like an overbearing father or anything like that but when I moved into that area it was very specifically to raise a family. If this was allowed and was passed I would have to look elsewhere other than Meridian. That is all I have to say. Johnson: Thank you, questions? Smith: What is a sports bar in your definition? Hochstrasser: A sports bar would be comparable to the Ram, are you familiar with that. Smith: Yes Hochstrasser: They are capable of maintaining a large number of people and have a large, would you agree that it is over 3200 square feet. 1 think the bar is larger than 3200 square feet practically. 3200 square foot I am currently remodeling or looking at remodeling in our business to 4000 square foot area. I cannot imagine that being anything else but a bar. Johnson: How about amini-sports bar? Hochstrasser: With the promoting of drinking I would say possibly not the promotion of sports. Meridian Planning & Zo~g Commission • September 9, 1997 Page 45 Johnson: Okay Kevin Dickey, 958 W. Waltman Drive, Meridian, was sworn by the City Attorney. Dickey: I certainly appreciate being able to voice my opinion regarding this sports bar. To be brief Meridian I guess you would say is also known as the Hub of the Treasure Valley. Particularly with respect to the Franklin Road that passes through our City. When entering Meridian from Boise we pass several bars. We pass JB's Sport's Bar, we pass the Farmers Club, we pass other places such as the tobacco connection coming from the Nampa way we pass the Kit Kat club. And this is all located on Franklin Road where I live. I wonder what kind of image we are portraying as to what direction Meridian is headed. That leaves me in question as what to our community especially that region is going to become. Also one other comment that I would like to make. I belisve that there is a place for these types of businesses, the Martell's are good people and they certainly deserve to be able to operate a place that if they choose. But that location is just not the best place. The Martell's do not have control over who comes and goes from that establishment. They do not have control over what condition they arrive and what condition they leave. Today it is a sports bar, whatever a sports bar has been defined to be. But tomorrow what else could it be. I seriously question the issue has been brought up many times tonight about its location in relation to our schools. Is that the best place to have it so close to an institution of teaming where our tomorrowls future goes to become what we hope them to be. Again I would just like to say that I am in opposition to this sports bar and that is all I have to say. Johnson: Thank you Cherie Pearson, 1369 W. Kimra, Meridian, was sworn by the City Attorney. Pearson: 1 would also like to express opposition. 1 am a stay home mom and I work part time. Some of our best friends live right by Meridian High School. So I have a 2 and a 3 year old that both can ride bikes and we ride bikes up Linder Road now almost every day. If there is a bar there I am not going to let me kids ride right by there worrying about who is pulling and who is pulling out of there. I know that when we bought our house there there were farms and that is why we go for bike rides there because ws can pull right up to the corner and see the horses that are there. We can go down one block and watch the cows eat. That is why we moved to Meridian to be out by, right on the edge of farms there is no housing past Linder Road for quite a ways. That is why we moved out there. I am opposed to it, I worked at a bar when I was in college and I have walked by their bar before not that it is a good or bad place but people are going there for the sole purpose of drinking. If it is a sports bar which I think they think that sounds better to me that is not any better. A sports bar they are coming to watch games so obviously you have cowboys and 49'er fans so no matter who loses there are people leaving there angry and the fact to add in the alcohol. So now there is more abuse on Superbowl Sunday than any other time. So add in the alcohol and the fact that they were there watching a sports game. So someone had to win someone had to lose so Meridian Planning & Zo~g Commission • September 9, 1997 Page 46 now they are leaving this bar in what kind of mood they are in. I just don't want that by my neighborhood. There aren't speed bumps in our neighborhood because we have beehive homes, elderly assisted living homes. That is fine I don't worry about the speed right now, but let's say there is a cop on Franklin Road if you are going to avoid it you are going to come through the neighborhoods that are right there and you are going to pass right by my house. If my kids are out and go across the street from neighbors don't want somebody screaming through our neighborhood or even driving through there intoxicated. I can't control how my neighbors come home now but hopefully I know enough of them and we all have enough respect for each other that we respect when are kids are out there and what it going on. I am definitely opposed to it, I know there is a time and a place for bars and I think the time has gone. Now we are all talking about our kids and not drinking and not driving. We had this huge thing here Enough is Enough and 1 think contributing to a bar, putting it right by the high school right by residential is just not the place. Where they are now in a commercially zoned area for that where they are by restaurants I think that is an appropriate place and they can stay where they are at. Kevin Abbott, 1284 W. Crestwood Drive, Meridian, was swum by the City Attorney. Abbott: Good evening gentlemen, I am here has a board member of Crestwood Estates No. 3, 4 and 5. That is the area of subdivision closes to that corner. Within our homeowners associations 3 out of 5 is majority rules. I have at least three I have not been able to contact the two against this bar. 1 agree wholeheartedly with what everyone else has said about the children issues and other issues. But I want to bring up a couple more issues. I want to look at the liability of us as homeowners, my backyard looks onto Franklin Road, what are the increased chances of a drunk driver coming through my back fence leaving and me being responsible for it. We all know that there was a house on up Franklin Road that had a fence tom out from somebody (inaudible). I am not sure about the liabilities of my insurance but even with a deductible that can be costly. Secondly, we own the RV's stores right there on the corner. I know for a fact that if someone were to hit into our RV stores we do not have insurance to coverage that. We would have to pay for that out of our pocket and I am opposed to that. 1 am also concerned about the property values. Let's face it would you guys want a bar in your backyard. I know there are going to have to be some commercial buildings back there t knew that. I have a butcher shop in my backyard right now. I don't care about that, that doesn't bother me. 1 have a flashing light in my backyard, t am really concerned about the lighting that is big issue. But more than that I am thinking if there is a bar there would you want your business next to a bar. I am thinking of what commercial is going to come in there in the future and the other areas around it. There is a corner on our comer that is also commercial area that Bill Buckner owns. I am sure that is an issue to him. That is my area of concern, I do kudo what the other people say about the children, 1 have the same issues but I don't want to be redundant. Johnson: Thank you Meridian Planning & Zo~g Commission • September 9, 1997 Page 47 Gwen Pugh, 1944 N. Hilmont Avenue, Meridian, was swum by the City Attorney. Pugh: I am for the bar, 1 have lived in Meridian aff and on for the last 20 years. I don't drink, I don't smoke, that probably sounds weird going into a bar. Bill N'Lynn's is a home town bar, it is a cheers type bar. Nice people, I have been going in there for 5 of the 6 years they have been own. I haven't witnessed a lot of drunken driving or raucous behavior out in the parking lot. There is already a bar on Franklin within a mile of this subdivision. As far as the increase in traffic from what 1 understand there is a proposal for an all night convenience store on that corner that will also sell beer and wine. I live but a block from Maverick Store and there are a lot of children that hang out there and nobody seems to be real concerned about that. Maybe people have never seen the fact that people by beer and sit in the parking lot sit behind the stores. That is commercially zoned on Franklin so there are going to be businesses going in there. Growth is going to increase the traffic there, it is inevitable there is no way around that. Bill and Lynn's existing place has commercial businesses around them all over, they have pizza places they have realty offices, they have Mexican food stores, I am sure there is going to be plenty of growth around there. As far as the proposed building being large enough the existing building that Bill and Lynn's has is 2200 square feet. They have a large screen t.v. two small t.v.'s mounted on the ceiling. They have two pool tables, three dart boards, 1 video golf game, that is what 1 like to play, one shufFle board and one really nicely set up kareoke system. And I also like to sing so I kareoke in there. We don't have a lot of wild parties and obnoxious people. Again it is inevitable for growth and if you in raising your children can't be prepared for the growth. I have a letter here also from Brad Michelson, and I would like to read it to you to. "To whom this issue concerns, 1 fully support Bill and Lynn's lounge in their move to improve business and the internal environment. Bill and Lynn the owners support Meridian and surrounding community through Chamber of Commerce events. Sponsorships of community athletic teams. Both adult and children, Meridian fire department fund, fundraising events along with many other beneficial concerns. I am employed in the Emergency Services field and know that very few calls for Meridian police, fire or paramedics are needed to handle belligerent events persons due to the professional and (inaudible). I am the parent of a two year old and a an eight year old. That I firmly believe and have instructed if they have or see an emergency they can or should asked assistance from the quality personnel and friendly patrols of Bill and Lynn's I frequently and enjoyably patron this lounge and hope to continue so 1 request to denounce any objections to Bill and Lynn's objection to Bill & Lynn's new building and further community support progression. Thanks Brad Michelson" Thank you gentlemen. Tom Roam, 115 South Linder, Meridian, was sworn by the City Attorney. Roam: I also grew up in Meridian, went to high school here. f have seen the changes and some of them I like and some of them 1 don't. My concern is not so much the growth is 1 lived next to a bar. I moved back to Meridian because I wanted to get away from it. They moved a bar in next to my old house and t don't know maybe a lot of you here haven't had that experience or that enjoyment. I have and not it is not any fun Meridian Planning & Zo~g Commission • September 9, 1997 Page 48 having a bar in your back yard. I would come home to people peeing in my garage door, women peeing on my garage door, I found rubbers on the ground, Kotex on the ground and people screwing in the front of my house, no offense and I don't mean to be rude here but what goes on in the parking lot is a huge concern to me. I am probably one of the closest homes to this bar. I am not used to coming down to these meetings but I figured on this one I had to. I do not want to be next to a bar, I moved back to meridian 2 '/ years ago to get away from it and I am not about to do it again. What goes on and things that I saw here would disgust anyone of you sitting here. If you want that in your yard then you put that bar in there put it in your yard. (Inaudible) even the people at the bar would not want that in their back yard. You can't I have two girls and I vrould come home and there would tie people screwing right there in my driveway. Its like sorry girls look away, what is that on the ground, sorry you can't see that iet me kick it aside. Cups were constantly blowing in I was constantly picking up the mess. They said well this is a nice bar, this is a Gean bar. That is great you cannot control the people, you may want to sell it. That is what business is, you build and sell them. Then what about the next person, you can't control that, this is residential and you don't need that in this neighborhood. Johnson: I have a question Smith: I am just curious what bar you lived next to Roam: You know where Banbury is, the Seven Mile there, the when I moved in it was not a bar. Then they went back to a bar. Johnson: How far is your personal residence from this location? Roam: Just at 300 feet, south on the other side. (Inaudible) Roam: I am not in the subdivision I am just living (inaudible) Johnson: Okay, I appreciate some of your comments. Cortland Walker, 1300 S. Heidi Place, Meridian, was sworn by the City Attorney. Walker: I think most of the people that live south of the freeway that have kids going to Meridian High School probably did not even hear about this meeting. I live right aaoss, the neighborhood right across the street from Franklin but my children, I have my 5~' child in Meridian high school now. Most of their friends have been south of the freeway over the years. Just to represent them I would guess that probably close to 50°k of the young people that go to Meridian high school come from the south side of the freeway. That is their main route right out Franklin Road. They come across the freeway there, come out Franklin Road turn right there at Linder and you come right down there to the Meridian Planning & Zo~g Commission • September 9, 1997 Page 49 high school. A few will go out Meridian Road and come out Pine but I will be most of them come out Franklin Road. With ball games going on Friday nights and Saturday nights and different activities t think it would be a real mistake for that to be allowed when we have that kind of traffic on the road along with our youth on week nights and week ends as well with different activities. Sally Lambson, 349 S. Lodestone, Meridian, was sworn by the City Attorney Lambson: I am a parent, I am also an educator here in this district, I teach right here at Meridian elementary. Our school boundaries will encompass that corner so I have the kids that come from the homes that live in this area. I also have a child who attends Meridian elementary and I have child who now attends the high school. I have about 4 points the reason we should have this bar here. One we just put the stadium in at the high school. So we just brought all the kids back to Meridian so that they were safe and now we are going to put a bar in their path. On a Friday night we all know we have got 15 year old drivers shouldn't be driving at night but how do we know we have got 16 year old drivers on a Friday night excited about winning the game and we are going past the bar. I don't know that is a combination we tyrant. Second the bar will become a very popular place because it is right on the road to the Idaho Center, the activity center out there. High traffic area once this gets built. Already a concert is out, if anybody has been at the comer of Linder and Franklin when one of the concerts or something has been out it is the second route that people are taking instead of going down the freeway. It is high traffic already and v/e want to put a bar at that comer for people to pop into right then. A sports bar until 2 in the morning, I don't know that seems a little questionable that we are going to have the relationship on that. Third the enough is enough issue. I as an educator know a lot of these kids in the home are coming from we do not need to plant a bar in the middle of this. We need to fight for these kids and this is not how you are going to do it. Vince Earnhart, 1418 Organzer, Meridian, was swum by the City Attorney. Earnhart: Mr. Chairman and members of the Commission. Perhaps I can save us a little time tonight. 1 would like to do something here that may be a little different. How many in the audience know me personally raise your hand. t think I can safely speak for these people ff they will allow me to do so. How many of those that raised your hand will allow me to speak for you? There is guarantee they won't talk. My wife and 1 prepared a little letter and at the concern of being redundant with what Mrs. balling has said and what Mr. Jones has said and Mr. Hochstrasser has said, Mr. Dickey, Mrs. Pearson, Mr. Abbott, Mr. Walker, Mrs. Lambson and even what Mr. Roam said I will try not to be redundant with what his comments were. Although I in principle agree with them immensely. Let me give you a copy of the letter that I will extract most of my comments from. This proposed location is extremely close to residential areas where there are many small children and families who wrould be in harms way from the influences of a business that has no business being close to a residential area. There are no alternate routes out of the neighborhoods to the south of the proposed location. Meridian Planning & ZoPTfng Commission • September 9, 1997 Page 50 This comer is the only logical ingress and egress for vehiGe traffic for approximately 300 homes and several subdivisions. Residents would have no choice in passing by this proposed bar. Students walking south on Linder from Meridian High school must pass by the proposed location. From the rail road tracks south to Crestwood there are no sidewalks for foot traffic. Linder is very narrow for this % mile and students and others are in danger even with sober, alert drivers due to the heavy flow of traffic coming from the school. Not only from school time but also from extracurricular activities as well. We shudder to think of the increased danger to pedestrian traffic of any of the drivers if any of the other drivers reflexes were impaired by alcohol: We purchased our home about five years ago not realizing that a sports bar may be built Gose to our property. This will have a dramatic effect on the property values for all of the homes I the surrounding neighborhoods. Had we known of the possibility of constructing a sports bar at the time we bought we possibly would not have bought in Mallard landing. Some questions loomed because of the considerations we have here. Have environmental impact studies been done to determine the impact that a sports bar will have on our neighborhoods. Have you looked at the potential risks to our neighborhood children changes in crime rates, accident rates, number of citations issued, value of property and so forth that come about from the addition of undesirable elements. Does Meridian want to develop the reputation that Garden City has worked so diligently to alter for the better. As you can see we are extremely concerned about this proposal and heartedly endorse not granting a permit for the construction of a sports bar. Johnson: Thank you Kristen Miller, 1491 W. Crestwood, Meridian, was sworn by the City Attorney Miller: Besides the fact that I agree with most everything that was stated tonight 1 know that most people brought up that the comer is commercial and I am aware of that. Going out on our front step that is what we see is we see the comer of Franklin and Linder. The traffic is horrendous, besides that 1 worry about Meridian and the road of Franklin. Everybody stated that there is a bar Kit Kat, 2 miles away from us the other direction, we have the other bar Goser to Meridian. 1 can't see a third bar in the same location. With all of us residential people living when you have 5 or 6 different subdivisions with all of us family oriented. I hoped when we bought this house 3 years ago that the type of businesses would be doctors, maybe a lawyers office. Reputable family facilities in this corner that 1 can be proud of and that my kids can be proud of. My kids are young enough now that I don't have to worry about walking to school. But if the bar goes in there I will be out of there as quiGc as 1 can because I worry about my kids having to go to school. I have a four year old and a iwo year old and 1 have to be out there early in the morning all the way through 7:00 at night because of the traffic going through our subdivision. 5:00 short cut is our road, Crestwood, everybody cuts through our subdivision I can't imagine what it would be like with additional traffic on that corner. That is all I have to say. Johnson: Thank you Meridian Planning & Zo~g Commission • September 9, 1997 Page 51 Tom Briggs, 360 S. Outfield Way, Meridian, was swum by the City Attorney Briggs: I have just a couple of quick points. The first one was I believe it was Mr. Smith who talked about the transitional zoning. I got the impression that you had some question as to the appropriateness of a storage facility going in next to residences. I personally and I think a lot of people would agree with me I would rather have a storage facility next to me than a new bar. On a little different topic I can speak from my own experience 1 was a law enforcement officer in the area. I hate to give away one of our best kept secrets but Franklin Road is a good fishing area for DUI's, it is mainly because it is the main access from Boise to the Caldwell area. You can go straight through, you can hit a whole slew of bars. Adding one to it is not going to help that problem. Donna May, 110 N. Linder Road, Meridian, was swum by the Cfty Attomey. May: My property is the first house north of the comer of Franklin and Linder. So we are next door to this property. Some of them have said before what is that going to do to our property value. I don't want a bar in our neighborhood, I don't want live next to a bar. It might be a sports bar but they drink there. That man cannot have any control over those people when they leave that people. I don't want the noise at 2 o'clock in the morning, I don't want fights in the parking tot, I don't want drunks out on the road, I don't want somebody coming to my house because I am the closest to want to use the phone at 2 o'cock in the morning because they need a ride or their car won't start or whatever. My grandchildren come to my house I don't want that kind of atmosphere for them. We are close to retirement, we have lived there for 22 years. We don't want to move but that is exactly what we will do ff a bar is put in on that corner because we will not live next to a bar. We are a Christian family and we don't believe in bars in the first place. If the rest of them do that is fine let them have it somewhere else. Let them stay in Meridian where they are at now but we don't need a bar there with all of the children around there and the traffic. That is all. Johnson: Thank you Bert Peterson, 4131 W. Lamont, Meridian, was sworn by the City Attorney. Peterson: I have been a resident of Meridian on and off for about 20 years. I have heard a lot of discussion about increased traffic and a lot of the comments have said that there is already incredible traffic around that area because of the subdivisions. I can remember there was a lady that spoke earlier about being able to go up and watch the horses and the cows. I can remember when Meridian was a lot like that and there are a lot of subdivisions and a lot of traffic generated by that but I don't think anybody wants to say that they don't have a right to live there. They don't have a right to build there. This is a commercial zoned area, there is going to be increased traffic with the five lane road. People had made comments about the kind of people who are going to be clientele at this bar. The people who are Bill and Lynn's current Gientele and will Meridian Planning & ZoRfng Commission • September 9, 1997 Page 52 continue to be so wherever their location is the people who built their houses repair their appliances, build their roads, represent them in court, treat their children when they are sick. These are professional people, they are working people. They are good law abiding people and Bill runs the kind of a bar where he doesn't tolerate the rowdiness etc. that everybody has expressed such concem about. And that the traffic is going to increase no matter what. If there is already a problem with traffic or with drunk drivers on the road people aren't getting home from the bars that exist now other than driving on those same streets. So if your concern is with drunk drivers or traffic then those concerns need to be addressed to the highway district and law enforcement. I know that Bill and Lynn run and excellent establishment. They don't tolerate rowdiness, they deal with problems before they start. 1 think that if you do approve their request to build this bar there the community is going to find out that they are going to be a good member of the community. They contribute a lot to charities, the generate a lot of good will in the community and they support a lot of the various fire department, law enforcement and other charity organizations and processes that go on. I just think that people are worried about a lot of things that don't have a lot to do with Bill and Lynn opening a bar there. Laurie Durrant, 1038 W. Greenhead, Meridian, was sworn by the City Attorney. Durrant: This gentleman that just spoke 1 am sure he feels that Bill and Lynn are very good people. However one person brought out also that is no guarantee those people will be running that bar five years down the road, ten years down the road. It is just no guarantee to us as homeowners that these people these fine people will be running this establishment. I am sure the people on Black Cat would feel the same. I also want to point out 4hat a sports bar is no different than a regular bar. There was a tragedy in Boise about a week ago I believe the gentleman that left that was involved in that tragedy was coming from a sports bar. Now you can't tell me that he can pick which customers he is going to serve and which he is not. When he increases the capacity of that building there are going to be several new customers that he has never seen before. We don't want a tragedy happening in the neighborhoods of somebody smashing into a home or a car load full of a family. I just don't feel like residential neighborhoods and sports bars or bars whatever mix that well. I think it vwuld be irresponsible for us to allow it to happen. That is all 1 have. Gil Koga, 2095 Waltman Street, Meridian, was sworn by the City Attorney Koga: Just a real quick comment, I have been standing back there for three hours so thought I would at least say something. First of all I came up with a definition for a sports bar, a bar is a bar is a bar like a rose is a rose is a rose. I can put a kareoke name in front of it, sports in front of it, burlesque in front all it does is serves different kinds of people but it still ends up a bar is a bar is a bar. After 2 o'clock in the morning, I live sports 1 watch sports 10 o'clock at night I am done. I have been at bars where I gather with my friends and enjoy their camaraderie be a family if you will and have a good time. But a bar is a bar is a bar. I drink, (inaudible) I am not ashamed to say those Meridian Planning & Zo~ig Commission • September 9, 1997 Page 53 things now to the public but anyway. All I want to say is you all have a very difficult job and I don't envy the job you have. There are a lot of emotions here tonight and as Mr. Johnson has said earlier a lot of philosophical ideas. Mr. Martell and his customers have their feelings and the homeowners have their feelings. I just, I know it is set up legally that it is zoned commercial. I don't know the law that welt to know how much philosophical ideas or emotions play into your decision. I hope and I really do that you can find some way circumvent the law if you will, go to court if you have to. But at least listen to the emotions of the people. They don't want a bar there, do some planning for the future. Let's not go there and say back in 97 is when they passed this law, you guys pay for it now but don't blame us, blame the people in 97 for making it. That is all I ask, that is all I have to say. Johnson: Maybe it is time I on the heels of Gil's comments there tell you what our real function is here. That is one of gathering information, we want all your testimony we want all your comments we want your philosophical feelings about commercial development in general specifically this application. But we don't make the final decision for approval. What we do is gather that information and send it on to the City Council. And those political people that get paid to take your views not volunteers like us you know they make the final decision on the bar. So you will have another opportunity as well in a public hearing in case you don't know the procedure with the City Council. It happens all over again, this is usually the meeting where we get the most attendance is the first notice of this sort of thing. A lot of people can only take one night like this and spend it. So we do appreciate your comments. Fitzgerald: Just one comment in terms of the public hearing, this is the only public hearing on this because it is a commercial use. Johnson: Okay Floyd Robinson, 828 Redhead Avenue, Meridian, was sworn by the Ciry Attorney. Robinson: I understand the laws today when a group of people get together and plan something that is illegal. Whether you are a person who actually takes actually does the legal things. Hypothetically if four or five people get together and they plan a bank robbery but only two people go into the bank with guns that all five are guilty. And f feel personally that if the board was to pass this and something happened in the future that the board would be just as guilty for passing it. Thank you (END OF TAPE) Ken Sorrells, 5231 Grover, Boise, was sworn by the City Attomey. Sorrells: For the past three years my office is right next door to Bill N' Lynn's, ReMax. We have thrown a street dance for the City of Meridian for the last three years. We have not had one problem, it has all been family oriented. tittle kids out there dancing having Meridian Planning & Z~g Commission • September 9, 1997 Page 54 a great time, no drunks no problems, it has all been family and we put it on that way. It was free to the public. We are having a lot of the opposition saying they are walking their kids or riding their bikes down Franklin. Well that is going to be five lanes so I think they ought to think about that and not be doing that here shortly. I guess all I can say is enough is enough. Buster Schelekeway, 1200 West Franklin, Meridian, was sworn by the City Attorney. Schelekeway: We own the 33 acres on the north side of the road next to where they are going to build. Personally I have seen all the high school kids drive by there and stop even if you make it five lanes 1 don't think it is any place for a bar. Johnson: Thank you I appreciate the brevity of your remarks Brian Curry, 1058 West Louisville Court, Meridian, was swworn by the City Attorney. Curry: Gentlemen, I work with a company that has been working on building a building here. It has been a three year project, you are all aware that it takes a lot of work to get anything established and gone through the steps that you have set up to accomplish the goals that you have pre-determined that Meridian should be. Mr. Martell is about to go through that process too, he will learn that it is an arduous process, it is a lot of work. You guys make it really hard on people but I think the results show it. Things look nice, things function well, values are high, people want to come to Meridian. They don't want to go to Boise which I know sometimes in these chambers is a dirty word. But there is a reason we are coming here it is for what we are getting. There was a gentlemen in here earlier Mr. Roam I believe, he was very vocal in the things that had been displayed on his property. Gentlemen I lived 1000 feet from a bar and I saw the same exact thing. He is not a one time case, it was not here in Meridian but a bar is a bar is a bar, I don't care where you live. In fact I could even add many more things to that list that he did not explain at that time. But I do not think it would be appropriate especially with children here. The activity takes place I don't care where you live. There are a few points I v~rould just like to cover. In the time that we lived next to that bar, it was on a busy street in fact it was on a highway, in fact it was a five lane highway. The bar sat on a corner, they had enough problems with it they finally shut the bar down, accidents dropped 40%. Traffic matters. Another point, as I listen to the gentlemen talking outside Mr. Martell and associates the one thing that they all said in common as they were talking about what issues were going to be coming up in this meeting they were trying to persuade people in their favor, which is more power to them that is what they should do. But as they sat there and talked about those things that they wanted to get across to those people one of the things that was brought up was the best people in the world, meaning each one of you, I, or anybody else. The best people in the world get a few drinks under their belt and they tum into idiots. You have seen it, I have seen it we know it happens. Now you are putting a bar in a residential neighborhood property commercial or not. 1 think we has homeowners accept the fact that it is commercial property. We do look forward to some commercial development there. There is not a Meridian Planning & Zog Commission • September 9, 1997 Page 55 one of us that wouldn't welcome some commercial development there because most of the time it benefits us. This type of operation does not benefit us. The issue has been maintained or has been expressed several times even by Mr. MacCoy I believe. The concern of children and the proximity of where they are going to be. I echo your comments before the meeting was changed to a different direction they are correct. We are going to have children by here all of the time. It is not a one time thing it is not every now and then, it is twice a day every day, school buses. We have already had accidents there just in school buses, you are going to add alcohol to the mix, something wrong with that. We have also heard that there is going to be in that commercial property or zoning that has taken place there are going to be several buildings. One of which is probably going to be a 7-11 or Maverick or something of that type of commercial establishment. It is said that was going to be next to the bar. We have heard from the other people who want this bar that there are kids that hang around there they can buy and adults buy beer or whatever. The kids hang around there all of the time. You want them hanging out next to a bar? Because remember the activities that have been displayed at those types of places, I have seen it the gentleman Mr. Roam has seen it. As that Cherry Lane increases to five lanes, excuse me when Cherry Lane was expanded to five lanes it is now become a traffic problem. It is one of the busiest streets in Meridian as the police department will establish and one of the ones that we have problems with traffic violations on. We are not going to expand Franklin to the same thing five lanes. I don't think anybody here argues the fact that Franklin needs to be expanded to five lanes because of the huge amount of traffic it carries. You are going to add alcohol to that mix? There is a problem with that. There is one other issue that has to do with this especially with you gentlemen in your positions. We have put faith and trust in you. We expect you to make the right decisions and as far as we are concerned most of the time you do. Most of the time we are pleased with what you do. Just remember that this decision the first time someone is one of the one people that may ever drink and drive pulls out on that road and is hit and somebody is killed that decision is on your heads. Please think carefully before you make your decision. That is all I have to say. Johnson: Okay, thanks. Robert Knew, 4762 Tumbleweed Place, Meridian, was swum by the City Attorney. Knerr: Simply put from what 1 have been hearing tonight from these testimonials. All of the problems that are supposedly coming with this bar are already here. That is it. Johnson: Thank you John Evans, 4610 W. Franklin Road, Meridian, was swum by the city Attorney. Evans: For the 26 years I have lived within a block of the Bladc Cat and Franklin intersection where we have two bars at this time. The nature of those bars has changed a great deal since t have moved there. When I moved there they were quiet little Meridian Planning & Zo~g Commission • September 9, 1997 Page 56 farmers places with as many tractors parked in front as anything. During that time we have witnessed I believe 6 murders, I haven't personally witnessed them they happened at those two bars. Several beatings, knifings, shootings. We have had gun fights out in their parking lot, our house is well within range of bullets. My son when he was a small child went down there and came home with a bloody knife one day. That type of thing some of it to some degree is inevitable with any kind of bar. Even though a sports bar may be a quiet place where you have quiet people sooner or later somebody is not going to fit the profile of the regular customer or the profile of the bar will change to something that it wasn't or it isn't now. I think for those reasons and the heavy traffic there we should not allow this conditional use permit. Thank you Jerry Nicholson, 1307 W. Kimra, Meridian, was sworn by the City Attorney. Nicholson: I was one of those idiots that drank and drove and as a result I broke my neck in a car accident some 23 years ago and 1 have lived in this wheelchair since then and will the rest of my life. 1 am a little bit confused about the logic of building. You have to drive to get to one and you have to drive to leave. Isn't that in some legalizing drunk driving or it is designing a way for someone to break the law. What gets me is radar detectors. Why do we allow radar detectors, they are designed to break the law. Building a bar is designing a way for someone to break the law. Besides all the other comments that have been great it only takes one or iwo drinks to have an accident for someone's life to be changed dramatically. Princess Diana this last week, driving and drinking don't mix and don't believe bars should be allowed. That is all I have to say. Mark Holdaway, 1150 W. Greenhead St., Meridian, was sworn by the City Attorney. Holdaway: Gentlemen, I am here tonight with my son, we have encouraged some our young men to come who are boy scouts so they can earn some of their merit badge requirements. My son is also here because he has very strong emotions about his issue tonight. He has been begging me all night long to put up his hand and come up here and talk to you. For the record gentlemen my son and I are opposed to this and we echo the opposition tonight. Johnson: Thank you Mark Boschulte, 1337 W. Crestwood Drive, Meridian, was swum by the City Attorney. Boschulte: A couple of things I haven't heard addressed. The size of the building was addressed, I haven't heard anything about the seating capacity of the building as far as how many constituents wilt fit in #here, the number of parking spaces. That would give you an ideal of how many people wrill be frequenting or patronizing the bar, We have all mentioned the traffic issue. The one thing that hasn't been mentioned as far as traffic is the traffic that will be around at 2 o'cock in the morning. If there weren't people there at 2 o'clock in the morning they wouldn't be planning the hours until 2 o'cock in the morning. Where I live on Crestwood I can see the comer from my second story window. Meridian Planning & ZorTng Commission September 9, 1997 Page 57 Often times at night I like to leave the windows open, let it breeze in. We have some noise right now just from the traffic going on Franklin which isn't too bad. I don't frequently getting woken up by just regular traffic noise. To have increased traffic at 2 o'clock in the morning I don't know what the decibel levels will be increased by having more traffic there at that hour. The sound will carry better at night and I am concerned about the noise coming from the parking lot at 2 o'dock in the morning or after 10 or 11. I am also concerned about the precedent this property might set for businesses that might locate on the other comers or businesses that might shy away from locating on the other comers. I used to live by a bar myself too, so I can echo some of the comments that were made earlier and observations. No one mentioned what happened at my house, I had individuals trying to get into my house at all hours of the morning. had to resort to calling the police. They responded they wouldn't be able to do anything that that time they wouldn't be able to do anything unless the person came in my house. I don't want to face that possibility again. The proposed owners say they keep control of things in their bar. Control is one thing but they can't give me a guarantee that they can control all of these individuals. Or control over individuals that may pull into their bar that may be DUI already. They may turn those customers away because of their condition then what is going to happen when those people leave. These people that may be frequenting some other bar and decide to change bars and deride to come to this bar at some hour of the night and get turned away. Well that is still increasing the liability of some kind of an accident or some unfortunate happening in my neighborhood. t don't want to have to deal with concerns of that or concerns of the children and so forth that has been voiced already. It seems to me it is (inaudible) in here tonight and primarily homeowners in the immediate vidnity of the bar. It seems to me the majority are definitely opposed. I would also like you to consider what is going to be, who will benefit the most from the decisions going forward from here. In other words what is the best for the most people involved. I recently received a flyer in the mail from the organization MADD, I don't know if it went city wide or county wide. But it mentioned an incident that happened in Maryland at about 8:40 in the morning, recognizing this is before the bar hours. A mother was waiting at the end of her driveway with her nine year old daughter for the school bus. The school bus was approaching the daughter started approaching the bus. A car came whipping down their residential street at 50 miles per hour killing the girl. t don't want to have to be concerned with that at any hour of the day or night in my own neighborhood. Again I have lived dose to a bar before I know what the noise levels can be. People go in and go out those doors open, noise levels they are going to come booming out the door if it is loud in there. The sound will carry. I think that is about all I have. Thank you Johnson: Thank you Bruce Dayvefl, 1187 W. Kimra, Meridian, was sworn by the City Attorney. Dayvell: I live just straight down SW 12"' Avenue in the Fenway Park Subdivision. Many times I have told people that as they drive down SW 12"' that if they keep going down SW 12`" they will drive right into my front lawn. I really don't want that to come true. Meridian Planning & Zor~ng Commission • September 9, 1997 Page 58 think there are plenty of areas in this county or in this valley where bars can be built where they do not affect residential areas. I would ask these men if they would please consider one of those areas instead of this. I realize that there my be a further drive but the people who will be frequenting this bar probably 99°k of it will not be from the neighborhood that they are going to be living next to. So they will not be able to say that these people will be able to walk over to this bar and visit this bar. Because the people who live there won't necessarily be frequenting it. Roy Carlson, 1340 S. Heidi, Meridian, was sv~rorn by the City Attorney. Carlson: Gentlemen I know there has been a lot of testimony against the bar. I support the testimony against the bar as well. And echo all of the things that were said against it. I truly believe the Martell's do a very clean have a very clean business. I haven't heard of a lot of problems in their area. I am sure their clientele have been good but you cannot control what happens when people leave the door. Those are the kind of ramifications that we need to look What I would like to do is point out history. If you remember many years ago Garden City used to be the sleeping community if you paraphrase of Boise. Along that road there were many bars and it took a long time to clean up that area. There are still reminisces of the main road along Garden City that we are still dealing with a crime rate and those kinds of ramfications in the long term. Franklin Road right along here is spouting many bars within a very short period of time. Gentlemen as you are and should be visionary men consider this, consider a vision where Franklin Road could turn into a dichotomy of a Garden City. Do not let this happen. I agree with everything that was said against it. 1 would support the Martells to move anywhere else. I think there are too many bars on Franklin Road and I don't think we ought to allow any more to come into the area. Thank you Tyler Parrish, 871 W. Loon, Meridian, was sworn by the City Attomey. Parrish: I don't want a bar close to our neighborhood. I ride the bus to school and I don't want any drunk drivers driving through our neighborhood and by our house. I don't want drunk people in our neighborhood driving around. That is all. Brad Dalling, 1388 W. Crestwood, Meridian, was swum by the City Attomey. Dalling: I was just going to say like I don't really want the bar there because I would rather have a place like a gas station or something. Like my mom said like a park or something. 1 know that they sell beer and alcohol stuff at gas stations but I would rather see a gas station that sells stuff like that than a bar. That is all I have to say. Brent Myers, 323 S. Pennwood Place, Meridian, was sworn by the City Attorney. Myers: It has been a long night. 1 just wanted to echo all of those who are opposed to building the bar on that comer. I drive down Franklin on my way to work and coming home especially from work I have to drive by a lot of those bars and I don't like it. It Meridian Planning & ZoTng Commission • September 9, 1997 Page 59 gets really crowded and that is just at 5:00. I can see how that traffic problem is going to get worse. I know that the road is going to be widened and there is going to be a traffic light on that comer. But that is not going to help, It is really not going to help anything. I am very much opposed to that bar, I think there are other places in the City that they can build that without having quite that much impact. Steve Carlson, 1340 S. Heidi Place, Meridian, was sworn by the City Attorney. Carlson: I really don't want a bar there because like me and my friends we ride our bikes down that road to get to the Meridian Middle. If we had a bar there, there would be people outside drunk and crap. I don't want like people getting drunk and then going around your neighborhood speeding. It is not that good. You could have a gas station and buy the same stuff and go somewhere else. That is all I have to say. Tyler Holdaway, 1150 W. Greenhead Street, Meridian, was sworn by the City Attorney Holdaway: I don't want the sports bar because there are little kids that go around with their parents that like push their kids around in carts and stuff. I even take my sister around in the neighborhood and she is only 1 '/z. Also sports bar, even though they have sports why can't you just watch it at your house. Just go and buy beer somewhere and then invite your friends over and go to your house. You don't have to go to a bar to have a fun, you can have fun at your house and watch sports. I just don't want my sister to grow up and drink beer and all of that stuff. 1 don't think it is really good for you. We have learned in school that it is not right. That is all I have to say. Johnson: Comments from the Commission, comments from Staff? Well at this point seeing no one to testify I will close the public hearing. Mr. Martell did you want to add anything or were you through? 1 will re-open this hearing so I will do that. Martell: I appreciate all of these people's concerns, most of them that are concerned aren't within the area that does concern. But I do appreciate their concerns if they don't want something in that particular area they have a right to speak up and say whatever they have to say about it. I don't plan on hurting the community, afl I wanted to do was move to a nicer location and a new place. It is up to you guys, you make the decision. Borup: There were questions raised on seating capacity, do you know what the planned seating capacity is on your proposed building? Martell: Proposed right now it looks like about 120 I vrould estimate Borup: What are you in your present building? Martell: We are about 75 to 80. Meridian Planning & ZoTng Commission • September 9, 1997 Page 60 Borup: About how many do you know how many people presently you have on a typical night. Martell: On a typical night probably 40, on weekends we will pack the place at about 75. Borup: Would you anticipate, I kind of implied from some of your comments earlier there that one of your desires of the location there is because of the new, the five lane road anticipating probably increased exposure (inaudible) new patrons. Martell: New patrons, increased exposure. Where I am now I have really no exposure, most people have lived here all their life and still don't know where I am located at. Most of my clients it just comes from word of mouth. Smith: Excuse me Mr. Martell, are you planning on serving food? Martell: Yes we are, we are not going to have a kitchen but we will have quick foods which we do now such as pizzas and so forth. Johnson: The public hearing is still open is there anyone else before I close the public hearing? Christine Kellersbeger, 7219 Notel Creek, Meridian, was sworn by the City Attorney. Kellersberger: 1 do not live in Mallard Landing, I live in Parkside Creek. 1 was, I had a petition going around that said no to the sports bar. I went around just Big Creek and Blue Creek around there. 1 had an overwhelming response just even in my area which is by that new Albertson's out there. That even those people out there in that area do not want a sports bar because they are concerned for their children going to Meridian and coming home. Just as has been said before, just your teenage children. Teenage children have a tendency to crash cars. It is like 60% that collisions are under 21 and it is 50°h that fatalities are by drunk drivers. I really am concerned about my owns children's safety coming home from games. They do go on that corner to go down to JB's or wherever that I do not want teenage drivers and drunk drivers mixing. That corner is very bad. So I just wanted to let people know that it is not just Mallard Landing it is other parts too of the City. Thank you Johnson: Thanks, okay at this point then I will Gose the public hearing. What would you like to do gentlemen? MacCoy: Mr. Chairman, 1 move that we have the attorney prepare facts and conclusions of law for this project. Smith: Second Meridian Planning & Zo~g Commission • September 9, 1997 Page 61 Johnson: We have a motion by Commissioner MacCoy and a second by Commissioner Smith to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: We will have those prepared and will address those at our next meeting which is October 14"'. Any further discussion? We do have a new member tonight which is Mark Nelson and he sat here quietly this evening and observing but he is a member of our board and next meeting he is going to partirpate. He is going to participate right now by making our final motion of the evening. Nelson: I motion to adjourn. Smith: Second Johnson: I have a motion and a second to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:59 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: JIM OHN HAIRMAN ATTEST: d~/~,~wa,ti~ BERG, JR., SEhL ~3 'r T 18S . ~, a ,,',,fill / f/ t t: l 1~ 1 ~ ~~,`,```4 CITY OF MERIDIAN PUB MEETING SIGN-U~HEET ~Lf - J j1~:~~ ~.. ~''~wr~~~e~- /~Fi~R ~lS) ~~~-7~0~ CITY OF MERID PUB~C MEETING SIGNLIIEET SCP - 9 =~,sr ~~~° ~,~~ ~c4~ ~rnY"' ~~*~ ~5~~(- a~ai .-~ 8's2-- ,~-i r ~ ~/~Ctr~cc~ /G~yla: 8~~-C5 d/ ~,~ ~ v~ c c-' ~Cc r n yiGf ~" $~7 - (SaZ MERIDIAN PLANNING & ZONING COMMISSION AGENDA TUESDAY, SEPTEMBER 9, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD AUGUST 12, 1997: u~l~/row~- 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW FORA CONDITIONAL USE PERMIT FOR VANGUARD MILITARY ACADEMY CAMPUS BY VANGUARD MILITARY ACADEMY: rove -L/f ~ c~-/c ~t, ~pt-o/e 1't'co-r.-~-~-,r..~rCc~fr~-,- f° C`~c~ 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A COVERED, DRIVE-UP ATM AT MERIDIAN FIRST SECURITY BANK SITE BY FIRST SECURITY SERVICE CO. - BRYCE REYNOLDS: ~jprvve f/-~ tc% wie-~ S:~b:,,.>~~k~ Q/e~xn~d.~,t'uH. 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR A CHILD CARE/PRESCHOOL FOR 8 TO 10 CHILDREN BY TYIA LOFTON -2261 E. KATELYN: ~/Jruwt -~/~ {e,/G w rvv~C f-2 cer«~wti(~,.oCt..-~/bs.~ t'v e%, 4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR USED CAR AND TRUCK SALES BY CENTENNIAL MOTORS -225 W. FRANKLIN ROAD: vvt ~/f ~c/C 5. FINDING~OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING OF 35.69 ACRES TO R-4 FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO. - BI,.ACK CAT ROAD BETWEEN USTICK AND CHERRY LANE: a~/pruvr ~/~~cjc [~ LL~pYV/t F'G G07'•/n-P~~..C(ci~L~-aJ Tp G ~~--_ 6. TABLED AUGUST 12, 1997: PRELIMINARY PLAT FOR TURNBERRY SUBDIVISION, 134 LOTS BY BENCHMARK LAND CO. -BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE: a pprrr~c ~a~ . 7. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE FROM R- 15 TO R-40 BY LEE CENTERS -WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE BOWLING ALLEY: tvpprvvc ~/-/ ~ ~ /c Cam; ve /'e cv~r~--eC o--h1~ ~ G/c.- 8. FINDIN OF FACT AND CONCLUSIONS OF LAW FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF 3 APARTMENT BUILDINGS (ONE 4 UNIT AND TWO 6 UNIT BUILDINGS) BY LEE CENTERS -WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE BOWLING ALLEY: ~~'lv"..e ~~~ ~ cl! ~z~YJi- di'm' vH-c<~G~rn~ .eyCi3h~ cr~n~r~ine vac corms.-a~d a.H~ /~ cf c- 9. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ESPRESSO SHOP TO SELL PASTRIES, SANDWICHES, SOUP, ETC. IN THE MERIDIAN OFFICE AND CONVENTION E TER BY SHARLA LANPHEAR: 10. PUBLIC~EARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A CINDI'S FLORAL IN THE FRONT PORTION OF THE OLD ZAMZOWS STORE BY CINDI'S FLORAL - 611 E. 1 sT STREET: ~r~ ~~h~ ~,~/,~ ~/F ~ clc 11. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT 119,395 SQUARE FOOT MINI-STORAGE UNIT COMPLEX (PHASES 2 - 4 OF THE EXISTING STORAGE FACILITY BY AVEST LIMITED PARTNERSHIP -LOT 9, BLOCK 1, AVEST PLAZA SUBDIVISION: PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT BY AVEST LIMITED PARTNE SHIP -LOT 9, BLOCK 1, AVEST PLAZA SUBDIVISION: ~p~rnoe. , /F ~ c'lC Ci~~J~oToVe rtccnrvw~a ~ G/c- 12. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 8.5 ACRES TO C-G AND R-2 BY ECONO LUBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: ~~~ at~~y ~ 13. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR ECONO LUBE SUBDIVISION BY ECONO LOBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: ~~ u~Z`~ Oc~,(aci_ j¢/~ 14. PUBL C~HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF ECONO LUBE N'TUNE AUTOMOBILE MAINTENANCE AND LIGHT REPAIR FACILITY AND SCHUCK'S AUTOMOBILE PARTS STORE BY ECONO LOBE N'TUNE INC. -EAST OF LOCUST GROVE, SOUTH SIDE OF E. FAIRVIEW: edhfihu.P ~O%/t ei~ u~ta~-nett ~-v ~Or~~CJU~u. p~~~n.r~a,Yy ,clf ~' cj[ 15. PU LB IC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A BEER, WINE AND LIQUOR SPORTS BAR BY WILLIAM 8~ LYNN MARTELL - CORNER OF FRANKLIN AND LINDER ROADS: BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION CENTENNIAL MOTORS/SAM FISHEL, OWNER CONDITIONAL USE PERMIT FOR USED AUTOMOBILE SALES LOT 225 WEST FRANRLIN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on August 12, 1997, at the hour of 7:00 o'clock p.m., at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, Sam Fishel, owner of Centennial Motors, hereinafter referred to as the "Applicant," appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 12, 1997, the first publication of which was fifteen (15 ~ days prior to said hearing; that the matter was duly considered at the August 12, 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 225 W. Franklin Road. The property is described in the application FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT which description is incorporated herein. The Applicant is the owner of record of the property. 3. Pursuant to the application, the property is presently used and the Applicant proposes to continue the use of the property as a sales lot for used automobiles. Accordingly, the proposed conditional use of the property is for a sales lot for used automobiles. The Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use of the property, whether that use be residential, commercial or industrial. 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, "Sales Lots (Auto, Rec, & Agric., Etc.)" are listed as conditional uses on property in the C-G district. Therefore, in the C-G district a conditional use permit for the operation of an automobile sales lot 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: (C-G1 General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT 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. The Applicant testified substantially as follows. He previously rented the corner of the property and secured a conditional use permit approximately seven to eight years ago for his automobile sales business. He purchased the entire 3.6 acres of property approximately five years ago. Since purchasing the property, he leased the property to establish a sound financial base to expand his automobile sales business and use the entire property for said business. He did not know a conditional use permit was required until he was advised by the City of Meridian. As a result of the need for the conditional use permit for his use of the property, he has pursued securing such permit. He has met with Ada County Highway District on two different occasions. He desires the conditional use permit so he may operate his business legally and develop it into an aesthetically pleasing piece of property. He has read, is familiar with and agrees to all the conditions of the City of Meridian and Ada County Highway District. 6. In response to questions of Commissioner MacCoy, the Applicant testified substantially as follows. The property has the capacity for 200 automobiles. He presently has 161 automobiles in inventory on the property. There remains plenty of space available for parking and presentation of the vehicles for sale. He intends to reduce the inventory when improvements are made to Franklin FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT ~' Road. He is prepared to pave the entire section of the property in front of the existing building on the property. With regard to the improvements to Franklin Road, these matters are somewhat uncertain with Ada County Highway District. However, he is ready to do whatever is necessary. With regard to the paving requirements of Ada County Highway District and his plans to pave the front section of the property, he proposes to pave the entire front area installing curbs and sidewalks. He is uncertain how he will accomplish such improvements, given the cost, but he is willing to do whatever to comply with the requirements. He desires a beautiful facility. He does not intend to perform any vehicle repairs for the public, but does intend to perform minor vehicle repairs on the vehicles in his inventory. The building on the property has a shop within it for such repairs. None of the repairs will be done outside of the building. In the future, he may hire a mechanic to perform such vehicle repairs. The vehicle repairs will not consist of vehicle body work, no painting or similar acts. He will perform detailing of his inventory such as washing and cleaning of the vehicles. In this regard, he intends to construct this fall a four bay garage at the rear of the property for detailing and minor mechanical repairs of the vehicles; however, his construction plans depend upon the improvements and expenses incurred for the front of the property. He has already expended a substantial amount of money on improvements and maintenance to the property. He understands that he cannot erect a sign without the review and approval of the City FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT of Meridian. However, the sign which he plans to erect will exceed the requirements of the City of Meridian. With regard to storage on the property, it will not be a junk yard. The storage will be for vehicles to be in inventory and repossessed vehicles. There exists and will continue to exist a fence around the area. He has spent a considerable amount of money just cleaning up the property so it is not an eye sore. The sales building is all showroom for four vehicles. The building is of steel construction. He intends to improve the appearance of the showroom building in the future. With regard to lighting of the property, he will comply with the established requirements so as not to cause glare. 9. In response to questions of Commissioner Borup, the Applicant testified substantially as follows. With regard to the site plan presented, the requirements of Ada County Bighway District are controlling such improvements and development of the property. The extension and construction of 3rd Street will effect the improvement and development of the property. His plan is to locate the entrance to the property at the future stop light at the intersection of the extension of 3rd Street and Franklin Road; however, the Ada County Highway District desires his entrance be aligned with the Bob Giesler property. With regard to the landscaping of the property, he does not want to proceed with landscaping and have Ada County Highway District remove such landscaping when it improves Franklin Road. With regard to landscaping the east side of the property, he will probably apply for a variance on the set back and erecting a fence along the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT • adjacent trailer park property .~ There needs to be some discussions with regard to the landscaping of the east side of the property so he does not lose the use of a large portion of the property. He desires to secure the conditional use permit, and then plan for the improvement and development of the property. He desires to comply with the established requirements as his business expands, grows and creates the financial resources for the improvements of the property. He is in the beginning stages of improving and developing the property. 9. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments, which comments are incorporated herein as if set forth in full. Their comments included the following: a. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer for all off- street parking areas. All site drainage shall be contained and disposed of on-site; b. Dedication by property owner of required right-of- way on Franklin Road shall take place prior to obtaining a Certificate of Zoning Compliance/Certificate of Occupancy. The Applicant is to submit a copy of the recorded warranty deed as evidence this has been accomplished; c. Underground sprinkling and a minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt is required by City Ordinance. Curbing should be provided around all landscaped areas; d. No equipment/parts/disabled vehicles are to be stored in public view; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT e. One-third of the sales lot is to be designated for customer parking per City Ordinance Section 11-2- 414.E(5). Off-street parking shall meet the requirements of 11-2-414.D, including appropriate striping and designation of ADA (Americans with Disabilities Act] - accessible spaces and signage; f. All signage is subject to design review approval. The Applicant is to obtain sign permits for all signage prior to construction. A-frame and other signs of a temporary nature will not be permitted and may be removed by the City upon three days notice to the Applicant; g. The Applicant is to provide evidence of Road Trust/ Letter of Credit to the Ada County Highway District for sidewalk construction on Franklin Road; h. The Ada County Highway District is restricting this property to one access to Franklin Road. The driveway approach needs to be designed to meet their standards (i.e., 15-foot radii pavement tapers and location). This will be accomplished in 1998 when Franklin Road is programmed for rebuild; i. Lighting shall not impact residential properties or cause glare, as determined by the City; j. A screened trash enclosure is to be provided per City Ordinance; k. Sanitary sewer is not presently available to this site; however, plans are being drafted for the extension of sewer in Franklin Road adjacent to this site. The Applicant will be responsible for connection to City sewer and payment of appropriate fees upon completion of the installation of the main. The site is presently served by water. The building owner shall be responsible for City billings and will be required to enter into an Assessment Agreement with the City of Meridian prior to obtaining a Certificate of Zoning Compliance/Certificate of Occupancy; 1. The 20-foot-wide planting strip shown adjacent to the mobile home park is required per City Ordinance Section 11-9-605.G. The chain link fence should be slatted to obscure the view from adjacent residential properties; m. Retention ponds/seepage pits shall be designed not to cause a nuisance. These drainage areas must be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT approved by the Public Works Department per City Ordinance; n. Signage for handicap parking is to be provided; o. As Franklin Road is an entrance corridor to the City, a minimum 35' landscape setback is encouraged. The landscape setback shall be beyond the required right-of- way on Franklin Road; p. Sight triangles are not to be obscured; q. A great deal of the site is shown as storage area. What will be stored here? There should be some clarification of what will be allowed in this back area, with proper screening of the perimeter addressed. No junk or inoperable vehicles are to be stored on the site; and r. The conditional use permit shall be subject to review on an annual basis, or more often if compliance problems occur, after notice to the Applicant. 10. The Meridian Police Department and the Meridian Fire Department submitted comments on the subject application, which respective comments are hereby incorporated herein as if set forth in full. 11. The Meridian Sewer Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full; wash stands will require covering if the drain is to go to the sanitary sewer system, and if a new service area is to be established, it must conform to the current pretreatment requirements. 12. The Nampa & Meridian Irrigation District submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT a. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; b. All laterals and waste ways must be protected; c. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans; d. The developer must comply with Idaho Code Section 31-3805; and e. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 13. The Central District Health Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that runoff is not to create a mosquito breeding problem; and that run- off should discharge to a water quality sensitive BMP for stormwater management. 14. The Ada County Highway District submitted comments, and such comments are hereby incorporated herein as if set forth in full. Its comments included, but are not limited to, the following: a. The Applicant is to provide a $1,785.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel (approximately 210 feet) prior to the issuance of any required permits or District approval of a final plat, whichever occurs first; b. The Applicant is to construct a 24 to 30 foot wide driveway with 15 foot radii pavement tapers on Franklin FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT Road, located as proposed 150 feet east of the west property line; c. The Applicant is to close the western driveway, located 64 feet east of the west property line, using landscaping berms or other methods approved by the District. The Applicant is to coordinate the method used to close the driveway with District staff; d. As required by District policy, restrictions on the width, number and locations of driveways shall be placed on future development of this parcel; and e. Other than the access point specifically approved with this application, direct lot or parcel access to Franklin Road is prohibited. 15. There were no other comments by the public regarding this application. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City of Meridian has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actu.a] 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. CENTENNIAL MU'1'ORS - CONDITIONAL USE PERMIT r Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 D authorizes the City to prescribe a set time period for which a conditional use may be in existence. 5. Section 11-2-418 D states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The Planning and Zoning Commission judges this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The proposed use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The proposed uae would be harmonious with and in accordance with the Comprehensive Plan, but the Zoning Ordinance requires a conditional use permit to allow the use; c. The proposed use is designed and the development of the property 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 and off-street parking; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The Applicant will cause the property to have a vehicular approach which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT 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 Commission that the following by the Planning and Zoning conditions of granting the conditional use be required, to-wit: a. The conditional use, pursuant to the Zoning and Development Ordinance, shall not be transferable to another owner of the subject property or to another property; b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; c. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Police Department, Meridian Fire Department, Meridian Sewer Department, Central District Health Department, the Nampa & Meridian Irrigation District, and the Ada County Highway District which include, but are not limited to the following: 1. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access shall be unacceptable; 2. A drainage plan, designed by a state of Idaho licensed architect or engineer, shall be required and shall be submitted to the City Engineer for all off-street parking areas; 3. The Applicant's dedication of the required right-of-way on Franklin Road shall occur prior to obtaining a Certificate of Zoning Compliance and/or Certificate of Occupancy. The Applicant shall submit a copy of the recorded warranty deed to the City of Meridian to evidence the accomplishment of this dedication; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT 4. Underground sprinkling and a minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt shall be required in accordance with the City of Meridian's ordinance. Curbing shall be provided around all landscaped areas; 5. No equipment, parts, or disabled vehicles shall be stored in public view; 6. One-third of the sales lot shall be designated for customer parking in accordance with City of Meridian Ordinance Section 11-2-414 E (5). Off- street parking shall meet the requirements of Section 11-2-414 D, including appropriate striping and designation of handicapped parking spaces and signage; 7. All signage shall be subject to design review and approval. The Applicant shall obtain sign permits for all signage prior to construction. A- frame and other signs of a temporary nature shall not be permitted and may be removed by the City of Meridian upon three days notice to the Applicant; 8. The Applicant shall provide a $1,785.00 deposit to the Public Rights-of-Way Trust Fund for the cost of constructing a 5-foot wide concrete sidewalk on Franklin Road abutting the parcel prior to the issuance of any required permits or Ada County Highway District's approval. The Applicant shall provide evidence to the City of Meridian of such deposit; 9. The driveway approach to the property shall be designed to meet the standards of the Ada County Highway District; 10. The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed so as not to cause glare or adversely impact neighboring residential properties, as determined by the City of Meridian; 11. The Applicant shall provide a screened trash enclosure in accordance with City of Meridian's ordinance; 12. Although sanitary sewer is not presently available to this site, the Applicant shall connect the property to sanitary sewer upon the extension FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT of the sewer in Franklin Road adjacent to the property. The Applicant shall be responsible for connection to the City of Meridian's sewer and payment of appropriate fees upon completion of the installation of the main. The Applicant shall be required to enter into an Assessment Agreement with the City of Meridian prior to obtaining a Certificate of Zoning Compliance and a Certificate of Occupancy; 13. The Applicant shall provide a 20 foot wide planting strip as shown on the landscape plan adjacent to the mobile home park in accordance with Meridian City Ordinance Section 11-9-605.G, and The Applicant shall slat the chain link fence to obscure the view from adjacent residential properties; 14. Retention ponds and seepage pits shall be designed so as not to cause a nuisance. Such drainage areas shall be approved by the Public Works Department in accordance with City of Meridian's ordinance; 15. Signage for handicapped parking shall be provided; 16. As Franklin Road is an entrance corridor to the City of Meridian, a minimum of a thirty five feet (35') landscape setback shall be required, which landscape setback shall be beyond the required right-of-way on Franklin Road; 17. Sight triangles shall not be obscured; 18. No scrap metal, inoperable vehicles or other discarded material shall be stored on the property; 19. Wash stands shall be covered if the drain goes into the sanitary sewer system; 20. In the event a new service area is to be established, it shall conform to the existing pretreatment requirements of the City of Meridian; 21. The Applicant shall file with the Nampa & Meridian Irrigation District a Land Use Change/Site Development application for ita review; 22. All laterals and waste ways on the property must be protected; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT 23. All municipal surface drainage shall be retained and disposed of on site; however, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review and approve of the drainage plans; 24. The Applicant shall comply with Idaho Code Section 31-3805; 25. After written approval from all appropriate entities are submitted, the Central District Health Department may approve the property for central sewage and central water; 26. Run-off shall not create a mosquito breeding problem; 27. Run-off shall discharge to a water quality sensitive BMP for stormwater management; 28. The Applicant shall construct a 24 to 30 foot wide driveway with 15 foot radii pavement tapers on Franklin Road, located as proposed 150 feet east of the west property line; 29. The Applicant shall close the western driveway, which is located 64 feet east of the west property line, using landscaping berms or other method approved by the Ada County Highway District. The Applicant shall coordinate the method used to close the driveway with Ada County Highway District staff; 30. As required by Ada County Highway District policy, restrictions on the width, number and locations of driveways shall exist on future development of this parcel; and 31. Other than the access point to the property specifically approved by the Ada County Highway District, direct lot or parcel access to Franklin Road shall be prohibited. d. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT LI 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINOS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Concluaiona of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER MACCOY COMMISSIONER S~MZTH_ CHAIRMAN JOHNSONIS(TIE BREAKER) VOTED ~ ~ J VOTED // VOTED L Gti VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT DECISION AND RECOMl~NDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED• DISAPPROVED: ~Iq I~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. CENTENNIAL MOTORS - CONDITIONAL USE PERMIT BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION VANGUARD MILITARY ACADEMY, INC. CONDITIONAL USE PERMIT FOR MILITARY SCHOOL CAMPUS 2250 N. MERIDIAN ROAD NORTH OF FAIRVIEW AVENUE AND EAST OF MERIDIAN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having initially come on for public hearing on June 18, 1997 at the hour of 6:00 o'clock p.m., the Applicant appearing through its representative, Robert McRill, at said June 18, 1997 public hearing, which hearing was continued to July 8, 1997 at 7:00 o'clock p.m. and August 12, 1997 at 7:00 o'clock p.m., at which respective hearings neither the Applicant nor a representative for it appeared, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDIN(i8 OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on June 18, 1997, the first publication of which was fifteen (15) days prior to said hearing; that said public hearing was continued to July 8, 1997 and subsequently continued to August 12, 1997; that the matter was duly considered at the June 18, 1997, July 8, 1997 and August 12, 1997 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. VANGUARD MILITARY ACADEMY, INC. - CONDITIONAL USE PERMIT hearings; that the public, including the Applicant, was given full opportunity to express comments and submit evidence at said hearings; 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 2250 N. Meridian Road. The property is described in the application which description is incorporated herein. The Applicant is not the owner of record of the property. The record owners of the property are Jack E. and Doris Barrett, and they have consented to the application for the conditional use permit. 4. Pursuant to the application, the property is presently zoned (C-G) General Retail and Service Commercial; however, it is presently occupied as a residence by the current owners. The proposed use of the property is to develop and construct a school campus facility for a maximum of 120 students in grades five through twelve. 5. This application has been the subject of two previous public hearings the first of which was on July 10, 1997. 6. At the June 18, 1997 public hearing, the Applicant's representative, Robert McRill, testified concerning the Applicant, its history, the type of school it operates and its plans for the development of the property. 7. At the June 18, 1997 public hearing Commissioner MacCoy commented that the material submitted by the Applicant as part of the application does not provide sufficient information to consider the application, such as the dimensions or appearance of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. VANGUARD MILITARY ACADEMY, INC. - CONDITIONAL USE PERMIT building or buildings to be constructed on the property. In response, the Mr. McRill testified that the Applicant would be happy to provide such information to the Planning and Zoning Commission for consideration of this application. 8. Commissioner Smith commented on the City staff's comment that the Applicant needs to submit a revised site plan which incorporates comments of City staff and other agencies prior to action on the application, and that the Planning and Zoning Commission should receive such requested information to consider properly this application. 9. At the June 18, 1997 public hearing, there was testimony from the public both in objection to and support of the application. Said testimony from the public is incorporated herein as if set forth in full as is summarized as follows: a. Charles Knapp testified about his concerns of the proposed development of the property by the applicant, which concerns included the proposed entry to the property, emergency access to the property due to the proposed access, the noise created by the proposed use; and b. Stephanie Anderson testified about her support of the Applicant and its school based upon her daughter attending the Applicant's current school, and that the Applicant's school would be an asset to the community. 10. To permit the Applicant to submit further and additional information to the Planning and Zoning Commission for consideration of this application, the June 18, 1997 public hearing was continued to July 8, 1997. 11. At the continuation of the public hearing held on July 8, 1997, no person appeared on behalf of the Applicant with regard to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. VANGUARD MILITARY ACADEMY, INC. - CONDITIONAL USE PERMIT this application. Planning and Zoning Administrator, Shari Stiles, commented that no representative of the Applicant had been in contact with her, and that she heard through various sources that the Applicant was not successful with its endeavor to purchase the property. However, she would attempt to obtain a written statement from the Applicant pertaining to its pursuit of this application. 12. Based upon the information concerning the Applicant's pursuit of this application which was provided by the Planning and Zoning Administrator to the Planning and Zoning Commission at the July 8, 1997 public hearing, the public hearing was continued to August 12, 1997 at 7:00 o'clock p.m. 13. At the continuation of the public hearing held on August 12, 1997, no person appeared on behalf of the Applicant with regard to this application. 14. There were no other comments by the public regarding this application. 15. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein as if set forth in full. Their comments included the following: a. Section 11-2-418 C of the Meridian Zoning and Development Ordinance states: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and shall find adequate evidence showing that such use at the proposed location: a. Will, in fact, constitute a conditional use as determined by City policy; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. VANGUARD MILITARY ACADEMY, INC. - CONDITIONAL USE PERMIT ! ~ b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance. Staff is unable to affirm that a. through i. are true with the information submitted by the Applicant. A revised site plan incorporating staff and agency comments needs to be submitted to the Planning and Zoning Commission prior to action on this proposal. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. VANGUARD MILITARY ACADEMY, INC. - CONDITIONAL USE PERMIT b. In approving any Conditional Uae, 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. c. We have preliminary reviewed the above-referenced submittal and request the following conditions be placed on the project in consideration of approval of the application. These conditions are to be complied with in full, unless expressly modified or deleted by motion of the Meridian City Council: 1. The project site is located in a C-G zone, which allows for private schools only under the conditional use process. The site plan submitted with the application is extremely vague and rough, which makes it difficult to review compliance with various Meridian Ordinances and the overall desirability of the project. The site plan, although indicating a scale of 1"=40', may not be accurate. 2. ACHD policy requires that the access for this project be located a minimum of 150 feet from any existing driveways/roads on Meridian Road. Applicant is to dedicate a total of 48 feet of right-of-way from centerline of Meridian Road. Revise sit plan to conform to ACRD requirements and show centerline of roadway and property lines. The Applicant is to furnish a copy of a recorded warranty deed to the City Clerk's office for dedication of additional right-of-way prior to submitting an application for building permit. 3. City Ordinance Section 11-9-605.G. requires that 20-foot-wide planting strips be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Properties to the north and south are residential. Whether this school use should be considered commercial and incompatible is questionable. Also, City Ordinance Section 11-2-414.D.2.c. states that whenever a commercial off-street parking area is located in or adjacent to a Residential District, it shall be effectively screened on all side which adjoin or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. VANGUARD MILITARY ACADEMY, INC. - CONDITIONAL USE PERMIT i • face any property used for residential uses by a wall, fence, or planting screen that is not less than four feet (4') in height plus a planting strip of four feet (4') minimum width or in an alternate arrangement as approved by the Commission. Suitable landscaping and ground cover shall be provided and maintained on a continuing basis within the planting strip. Roadways shown immediately adjacent to the residential properties are unacceptable. A revised plan detailing a planting strip with a width as approved by the P&Z Commission is needed prior to action on this proposal. Detailed landscaping plans, including species and sizes of all plants, will be required prior to submitting an application for building permit. 4. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt is required per City Ordinance Section 11-2-414.D. The Applicant is to provide calculations of asphalt areas and locate appropriate trees on site plan. 5. The Applicant is to provide fire access and hydrant locations in accordance with the Uniform Fire Code and Meridian Fire Department policies. 6. A screened trash enclosure is to be provided per City Ordinance. Provide details and location on a revised site plan. The Applicant is to coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Znc. The Applicant is to locate dumpsters so as not to impede fire access. 7. As Meridian Road is identified as an entrance corridor in the Meridian Comprehensive Plan, a thirty-five-foot (35') landscape setback beyond required right-of-way is encourage. The property directly across the street, where the new Treasure Valley Worship Center (Foursquare) was recently constructed, is providing a 25-foot-wide landscape setback. Applicant is to provide detailed landscape plan, including berming details, for approval prior to obtaining building permits. Parking is not to encroach within the required landscape setback. 8. Applicant to provide curbing and underground sprinkler system for all landscaped areas. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. VANGUARD MILITARY ACADEMY, INC. - CONDITIONAL USE PERMIT 9. The Applicant is to provide temporary fencing to contain debris during construction. 10. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Paving, striping and signage of parking lot is to be in accordance with Meridian City Ordinance and the Americans with Disabilities Act. Driveway widths and parking stall lengths do not meet the requirements of City Ordinance Section 11-2-414; i.e., 25-foot-wide driveway aisles with 9'x 19' stalls. The distance between proposed parking and the existing garage appears to be 11 feet. The extra parking shown on the eastern portion of the property shows 10' stalls with 10' driveways. Even with one-way traffic, this obviously is inadequate. Graveled driveways, parking, and access will not be allowed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer with calculations (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 11. The Applicant is to obtain a certificate of occupancy prior to opening for business. 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, the Uniform Sign Code, and shall receive design approval of the Planning and Zoning Department. A- frame and other temporary signs will not be permitted and will be removed upon three days notice to the Applicant. Sign permits are needed for all signage. 13. All building construction shall be in compliance with the Americans with Disabilities Act (ADA) and all required Uniform Codes. 14. The Applicant shall supply the Public Works Department with anticipated sewer and water usage for analysis in determining whether additional assessment fees should be charged. Assessment fees will be determined during the plan review process. A re-assessment agreement will be entered into with the Applicant prior to issuance of a certificate of occupancy. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. VANGUARD MILITARY ACADEMY, INC. - CONDITIONAL USE PERMIT i • 15. The Applicant is to provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed not to cause glare or adversely impact neighboring residential properties, as determined by the City of Meridian. 16. The City of Meridian owns and maintains an eight- inch diameter sanitary sewer main in Meridian Road. A four-inch diameter service line to the site is existing; however, it is not physically connected at this time. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this project. 17. The City of Meridian owns and maintains a ten-inch diameter water main in Meridian Road. A service line to the site is existing; however, it is not physically connected at this time. Service lines to the site shall be reviewed during the plan review process. 18. Water service to this project is contingent upon positive results from a hydraulic analysis by our computer model. 19. Any existing irrigation/drainage ditches crossing or adjacent to the property shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 20. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 21. From looking at the County Assessor's records, it appears that a portion of the property (south of the existing barn) has not been annexed to the City of Meridian. Applicant should be required to submit an accurate legal description, stamped by a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. VANGUARD MILITARY ACADEMY, INC. - CONDITIONAL USE PERMIT Registered Land Surveyor, in order to correct the annexation ordinance discrepancies. 22. The Applicant is to provide a revised site plan meeting all staff and agency requirements prior to action by the P&Z Commission or, at a minimum, prior to being scheduled for a public hearing at City Council level, as determined by the P&Z Commission. 23. All uses/buildings shall be reviewed under the conditional use permit process. No details have been submitted. 24. The conditional use, if approved, shall be subject to review upon notice to the applicant. 25. Staff reserves the right to make additional comments at such time as an accurate, scaled site plan meeting .all Ordinance and. agency requirements is received. 16. The Meridian Police Department, Meridian Fire Department, Ada County Highway District, Nampa & Meridian. Irrigation District, Central District Health Department, and Meridian Sewer Department respectively submitted comments which respective comments are incorporated herein as if set forth in full. 17. The (C-G) General Retail and Service Commercial district is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: 1C-Gl 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. FINDINGS OF FACT AND CONCLUSIONS OF LAW -Page 10. VANGUARD MILITARY ACADEMY, INC. - CONDITIONAL USE PERMIT 18. Private schools are allowed uses by conditional use permit on property zoned (C-G) General Retail and Service Commercial; therefore, a conditional use permit would be required. 19. 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." CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of 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 development is maintained properly, and on-site or off-site facilities may be attached to the permit. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. VANGUARD MILITARY ACADEMY, INC. - CONDITIONAL USE PERMIT 5. This application for a conditional use permit has been judged 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. 6. Pursuant to Section 11-2-404 C 5. c., a duty of the Planning and Zoning Commission is to "[r]eview all subdivisions and Planned Developments (PD, contract zoning applications, zoning applications, annexatien applications and conditional use), and make recommendations tc the Council." 7. With due regard to the requirements of Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian, the testimony presented, the Applicant's failure to provide further and additional information to the Planning and Zoning Commission, including, but not limited to, information requested by City staff and a revised site plan which incorporates comments of City staff and other agencies to enable the Planning and Zoning Commission to evaluate the Applicant's application properly, and its failure to appear at the. continued public hearings and the facts understood therefrom by the Planning and Zoning Commission, the Planning and Zoning Commission concludes and it recommends that the Applicant's application for a conditional use permit be denied. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. VANGUARD MILITARY ACADEMY, INC. - CONDITIONAL USE PERMIT APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER MACCOY COMMISSIONER SM T,.H,_I ~~MMi ul1?~Pti- SuFv CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED ~~ ~(/ t , VOTED l'~ i~~f !~ VOTED T\ , DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it deny the Conditional Use Permit requested by the Applicant for the property described in the Application based upon the foregoing Findings of Fact and Conclusions of Law. MOTION: APPROVED• ~I9b~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. VANGUARD MILITARY ACADEMY, INC. - CONDITIONAL USE PERMIT ~~ BBFORE THE MERIDIAN PLANNING AND ZONING FIRST SECURITY SBRVICE CO. CONDITIONAL USB PHRMIT FOR A COVBRED, DRIVE-UP AUTOMATIC TELLER MACHINE AT THE MERIDIAN FIRST SECURITY BANK SITB 1682 EAST 1ST STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on August 12, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, Greg Toolson, 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. lINDIlI(i8 Olr FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on August 12, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 12, 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 1682 East lat Street. The property is described in the application which description is incorporated herein. The Applicant is not the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. FIRST SECURITY SERVICE CO. - CONDITIONAL USE PERMIT owner of record of the property. The record owner of the property is Bodine Oil Co., Inc., and it has consented to the npplication for the conditional use permit. 4. Pursuant to the application, the property is presently used as a First Security Branch Banking facility. The proposed use of the property is to remain the same; however, the Applicant seeks to add a covered, drive-up automatic teller machine (ATM) to be located within the existing parking area of the bank facility. The Applicant presented a site plan depicting the location of the ATM and the vehicle circulation to the ATM. Further, pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, it any, associated with the use, whether that use be residential, commercial or industrial. 5. Greg Toolson, the representative of the Applicant, testified substantially as follows at the public hearing. The Applicant proposes an ATM for the convenience of its customers. The ATM is to be located in the existing parking area. The ATM will be located on an island approximately 12 feet in length and 3.5 feet in width. A canopy, similar in architectural design of the existing structure on the property, will be constructed covering both the ATM and the vehicle of the customer using the ATM. The Applicant maintains that the circulation of traffic in the parking area will not be disturbed by the construction of the covered ATM. Approximately six parking spaces will be removed to accommodate the ATM., which spaces are not typically used. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. FIRST SECURITY SERVICE CO. - CONDITIONAL USE PERMIT remaining number of parking spaces exceed the parking requirements for the bank site. 6. In response to questions of Commissioner MacCoy, Mr. Toolson responded and testified substantially as follows. The Applicant does not plan to change the two existing parking spaces available for disabled persona. In response, Commissioner MacCoy commented that both handicapped parking spaces should be located next to the existing bank building. The location of one of the handicapped parking apacea away from the bank building presents a hazard to the disabled person. If the Applicant were to restripe the parking area, both handicapped parking apacea could be located next to the existing bank building. He does not prefer locating handicapped parking in a location which causes disabled persons to cross traffic to enter a business. In response, Mr. Toolson testified that the Applicant would be willing to restripe the parking area and move the handicapped parking apacea next to the bank building. 7. In response to questions of Commissioner Borup, Mr. Toolson responded and testified substantially as follows. The Applicant maintains that the construction of the ATM will not disturb the circulation of vehicles in the parking area on the property. The access to the ATM lane is from the north; vehicles entering the ATM lane will travel from the south and turn north into the ATM lane. Commissioner Horup commented that customers using the ATM would not likely leave the ATM machine and travel to the drive up window of the bank building, so traffic flow in the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. FIRST SECURITY SERVICE CO. - CONDITIONAL USE PERMIT parking area should not be a problem given such unlikely occurrence. 8. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, have not submitted comments but may hereafter submit comments. Their comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. 9. The Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Central District Health Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are incorporated herein as if set forth in full. 10. There was no further testimony given at the hearing. 11. "Drive-In Establishment" is defined in the Zoning And Development Ordinance of the City of Meridian as, "An establishment (other than a service station or truck stop) which is designed to accommodate the motor vehicles and patrons in such manner as to permit the occupants of such vehicles, while remaining therein, to make a purchase or to receive services." A covered, drive-up ATM would be a "Drive-In Sstabliehment pursuant to the foregoing definition. 12. The property is currently zoned (C-C) Community Business District. In the ZONING SCHEDULE OF USS CONTROL, Section 11-2-409 B., Commercial, Drive-In Establishments are listed as a conditional use in the C-C District and, therefore, in the C-C District a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. FIRST SBCURITY SERVICE CO. - CONDITIONAL USS PERMIT conditional use permit for the operation of a Drive-In Establishment is required. 13. The C-C, Community Business District is described in the Zoning Ordinance, 11-2-408 B. 9 as follows: fC-C1 Community Business District: The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated site amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation nrterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 14. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits nllowing an exception to the uaea authorized by this Ordinance in a zoning district." 15. The additional use proposed by the Applicant is a specifically allowed conditional use in the Zoning .Schedule of Use Control, 11-2-409 B. OF LA1P 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. FIRST SECURITY SERVICE CO. - CONDITIONAL USB PERMIT 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development ie 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 itt 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. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. FINDINGS OF FACT AND CONCLUSIONS OF LAt~ - Paqe 6. FIRST SECURITY SERVICE CO. - CONDITIONAL USS PERMIT 7. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; c. The use is designed and is to be constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use; t. 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; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. FIRST SECURITY SERVICE CO. - CONDITIONAL US$ PERMIT h. The development and additional use of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 6. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Central District Health Department and Nampa & Meridian Irrigation District and other governmental agencies submitting comments; c. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; d. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements; and e. The Applicant shall reatripe the parking ar®a of the property and relocate the handicapped parking spaces next to the existing bank building on the property. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 8. FIRST SECURITY SERVICB CO. - CONDITIONAL USB PERMIT 10. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. 11. As the Applicant's Representative testified substantially that the covered, drive-up ATM is to be similar in architectural deeign to the existing structure on the property, the Applicant is to submit an elevation of the proposed covered, drive-up ATM to the City five (5) days prior to the hearing before the City Council to enable the City Council to consider the appearance of the proposed covered, drive-up ATM. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. BOLL CALL BORUP COMMISSIONER MACCOY COMMQI~S/S~~I~O~NER SMITH CHAIRMAN JOANS N (TIE BR$ARER) VOTED - ~N- t~_ ~/~ VOTED I~ VOTED ` ~~~ a VOTED '(I ~ I I FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 9. FIRST SECURITY SERVICE CO. - CONDITIONAL USE PERMIT DBCISION A11D RBCOMM611DATIOA The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Uae Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking requirements, specifically including the restriping of the parking area and location of the handicapped parking spaces next to the existing bank building, and the paving and landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: rr,,I _t{~ `~~ FINDINGS OF FACT AND CONCLUS FIRST SECURITY SERVICE CO. - DISAPPROVED: OF LAW - Page 10. ITIONAL USE PERMIT BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION AVEST LIMITED PARTNERSHIP APPLICATION FOR CONDITIONAL USE PERMIT FOR CONSTRUCTION OF 119,395 SQUARE FEET MINI-STORAGE LOT 9, BLOCK 1, AVEST PLAZA SUBDIVISION MERIDIAN, IDAEO PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled conditional use permit application having come on for public hearing on September 9, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representative, .~Cd ~t W.~,/ Q/" , 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: PRELIMINARY FINDINOS 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 September 9, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the September 9, 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, is described in the application, and by this reference is incorporated FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. AVEST LIMITED PARTNERSHIP herein as if set forth in full. The Applicant is the owner of the property. 3. Pursuant to the application, the request is for a conditional use permit to construct a 119,395 square feet mini- storage on the remaining approximately 7.5 acres of the property. The construction of the mini-storage constitutes the construction of phases two through four of the existing storage facility. The Applicant seeks the conditional use permit as required by the existing development agreement to which the property is subject. The Applicant shall complete the perimeter landscaping and provide the access to the property as previously approved by the Ada County Highway District. The Applicant agrees to pay additional sewer, water or trash fees or charges, if any, associated with the commercial use of the property. 4. The property is currently 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 and 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 construction of a 119,395 square feet mini-storage on the remaining approximately 7.5 acres of the property would be and 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. AVEST LIMITfiD PARTNERSHIP LC-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 as follows: "Permit allowing an exception to the uses authorized by this Ordinance in a zoning district." 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. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance Section 11-9-605 M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; b. The Applicant is to coordinate fire hydrant placement with the Meridian Public Works Department; c. A drainage plan designed by a state of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer with calculations (Ord. 557, 10-1-91) for all paved areas. All site drainage shall be contained and disposed of on-site; d. City staff is concerned about possible traffic conflicts on E. Loop Lane. The westernmost driveway location does not appear to be offset sufficiently from Locust Grove Road. This should not be a problem provided the gated driveway is only used for emergency access as indicated on the plan; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. AVEST LIMITED PARTNERSHIP e. Screened trash enclosures will be required per City Ordinance Section 11-2-414 A 3. The Applicant is to coordinate dumpster site locations with the building owner and the City's solid waste contractor. Dumpsters are to be located so as not to impede fire access; f. The Applicant is to obtain a certificate of occupancy prior to occupying space; g. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance, the Uniform Sign Code, and shall receive design approval of the Planning and Zoning Department. A-frame and other temporary signs and banners will not be permitted and will be removed upon three days notice to the Applicant. Sign permits are needed for all signage; h. All building construction or remodeling shall be in compliance with all required Uniform Codes; i. All required trees are to be a minimum of 3" caliper, with all landscaping watered via an underground sprinkler system; j. Uncovered parking area proposed for Phase 3, as well as any portion of the entire development, shall not be used as a sales lot of any kind, whether by the Applicant or those renting storage areas; i.e. no FOR SALE signs shall be attached in any way to vehicles or equipment; k. Security and other lighting shall not cause glare or impact adjacent residential properties, as determined by the City of Meridian; 1. The Applicant is to comply with all conditions of the recorded development agreement; and m. The conditional use, if approved, shall be subject to review upon notice to the Applicant. 8. The Meridian City Police Department and the Meridian Sewer Department submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 9. The Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; as FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. AVEST LIMITED PARTNERSHIP long as all codes it will have no objection to the proposed use, more hydrants will need to be added. 10. Central District Health Department, submitted comments, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. After written approval from appropriate entities are submitted, it can approve this proposal for central sewage and central water; and b. Stormwater run-off should flow into a grassy swale before discharging to the subsurface. 11. The Nampa & Meridian Irrigation District submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The District requires a Land Use Change/Site Development application be filed for review prior to final platting; b. All laterals and waste ways must be protected; c. All municipal surface drainage must be retained on- site; d. If any surface drainage leaves the site, the District must review drainage plans; e. The Applicant must comply with Idaho Code Section 31-3805; and f. It is recommended that irrigation water be made available to all developments within Nampa & Meridian Irrigation District. 15. The Ada County Highway District may hereafter submit comments, and such comments hereafter submitted shall be incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. AVEST LIMITED PARTNERSHIP 16. There were no further comments or testimony given at the hearing. PRELIMINARY CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian. 3. The City has the authority to take judicial notice of its ordinances and proceedings, other governmental 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 apart of the terms under which the Conditional Use is granted, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. AVEST LIMITED PARTNERSHIP shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The Commission has judged this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. Section 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 facts presented and the conditions of the area, and assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. Pursuant to the ordinance adopted to annex and zone the property, the property can only be developed as a commercial planned development and 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 construction of a 119,395 square feet mini-storage on the remaining approximately 7.5 acres of 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. AVEST LIMITED PARTNERSHIP 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 with the vehicular approach to the property, previously approved by the Ada County Highway District, such increase in traffic should not create a problem; e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The Applicant will cause the property to have a vehicular approach which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of the grant of the conditional use be required, to wit: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. AVEST LIMITED PARTNERSHIP a. The conditional uae, 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 Meridian Police Department, the Meridian Fire Department, the Meridian Sewer Department, the Central District Health Department, the Nampa & Meridian Irrigation District, the Ada County Highway District and other governmental entities, which requirements specifically include, but are not limited to: 1. Any existing irrigation or drainage ditches crossing the property to be included in this project shall be tiled pursuant to Section 11-9-605 M. The Applicant shall submit plans to the appropriate irrigation or drainage district, or lateral users association for review and approval with written confirmation of such approval submitted to the Public Works Department; 2. The Applicant shall coordinate fire hydrant placement with the Meridian Public Works Department; 3. A drainage plan designed by a state of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer with calculations for all paved areas. All site drainage shall be contained and disposed of on- site; 4. The Applicant shall provide screened trash enclosures pursuant to Section 11-2-414 A 3. The Applicant shall coordinate dumpster site locations with the building owner and the City's solid waste contractor. Dumpsters shall be located so as not to impede fire access; 5. The Applicant shall obtain a certificate of occupancy prior to occupying space; 6. All signage shall be in accordance with the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance, the Uniform Sign Code, and shall receive design approval from the Planning and Zoning Department. A-frame and other temporary signs and banners shall not be permitted and shall be removed upon three FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. AVEST LIMITED PARTNERSHIP days notice to the Applicant. Sign permits shall be required for all signage; 7. All building construction or remodeling shall be in compliance with all required Uniform Codes; 8. All required trees shall be a minimum of three inch (3") caliper, and all landscaping shall be watered through an underground sprinkler system; 9. The uncovered parking area proposed for Phase 3, as well as any portion of the entire development, shall not be used as a sales lot of any kind, whether by the Applicant or those renting storage areas, including no posting of "FOR SALE" signs on, in or about vehicles, equipment or other items of property located on the property; 10. Security and other lighting shall not cause glare or impact adjacent residential properties, as determined by the City of Meridian; and 11. The Applicant shall comply with all conditions of the previously recorded development agreement to which the property is subject. c. The conditional use shall not be restricted to a time period of authorization but may be, and is, subject to review to the Applicant for violation of any conditions imposed herein, other conditional use applications, and/or the ordinances of the City of Meridian. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that, if the Applicant meets the conditions stated above, the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. AVEST LIMITED PARTNERSHIP APPROVAL OF PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL BORUP COMMISSIONER MACCOY COMMISSIONER SMITH ~'rT-y, CHAIRMAN JOHNSON (TIE BREAKER) d'C.V`- DECISION AND VOTED ~ ~~ VOTED VOTED ~~F VOTED The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional use shall be subject to review upon notice to the Applicant by the City, unless the City Council states that the conditional use is not subject to review. MOTION: APPROVED: ~`~~~~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. AVEST LIMITED PARTNERSHIP BEFORE THE MERIDIAN PLANNING AND ZONING TYIA LOFTON APPLICATION FOR CONDITIONAL USE PERMIT FOR GROUP CHILD CARE HOME 2261 EAST KATELYN MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LA1P The above entitled application for a conditional use permit having come on for public hearing on August 12, 1997, at the hour of 7:00 o'clock p.m., the Applicant, Tyia Lofton appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered 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 August 12, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 12, 1997 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. This property is within the City of Meridian and located at 2261 E. Katelyn, Meridian, Ada County, Idaho. The property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. TYIA LOFTON described in the application which description is incorporated herein. 3. The Applicant and her husband, Michael James Lofton, are the owners of record of the property. 4. Pursuant to the application, the proposed use of the property is a child care/pre-school facility for eight to ten children. The Zoning and Development Ordinance of the City of Meridian defines a Group Child Care Home as "A child care facility which provides care for six (6) to twelve (12) children throughout the day." Pursuant to the Zoning and Development Ordinance, the proposed use of the property is as a Child Care Home. 5. Pursuant to the application, the property is presently used only as a residence. The Applicant proposes to continue the use of the property as a residence and also to use it for a child care business to care for no more than 12 children during a day. Further, the Applicant agrees to pay additional sewer, water or trash fees or charges associated with the use of the property, whether that be residential, commercial or industrial. 6. The property is currently zoned R-8 Residential. in the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 A., Residential, Group Child Care Home is listed as a conditional use in the R-8 District and, therefore, in the R-8 District a conditional use permit for the operation of a Group Child Care Home is required. 7. The R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. TYIA LOFTON ,(R-81 Medium Density Residential District: The purpose of the (R-8) Districts is to permit the establishment of single and two (2) family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two (2) family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 8. Conditional Use Permit is defined in the Zoning Ordinance as follows: "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 9. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments, which comments are incorporated herein as if set forth in full. Their comments included the following: a. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department; b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; c. The Applicant is to provide a copy of a daycare license from the Idaho Department of Health and Welfare prior to obtaining a Certificate of Occupancy. Operators' licenses shall be available on the premises at all times for inspection; d. The Applicant is to provide Social Security Numbers of owner, operator and all employees for this facility; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. TYIA LOFTON e. The Applicant shall provide for screening of adjacent properties to protect children form adverse impacts and to provide a buffer between properties; f. The Applicant shall provide for a fence of appropriate height/construction, to enclose play areas; g. This Conditional Use Permit shall be subject to annual review, or more often if conditions warrant, upon notice to the Applicant; h. No signage shall be permitted; i. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. No unpaved areas are to be used for parking; j. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height or within an enclosed building or structure; k. Sanitary sewer and water to this facility would be via existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to beginning operation. The use will be considered a commercial use for billing purposes; 1. The building shall meet all applicable Uniform Fire Code and Uniform Building Code requirements prior to obtaininc a Certificate of Occuoancy. If the conditional use permit is approved, the Applicant is to schedule an appointment with the Meridian Fire Department for inspection and shall correct any problems prior to operating. Operation of a daycare without appropriate approvals will result in revocation of the conditional use permit; m. What are proposed hours of operation?; n. The Applicant is to obtain a Certificate of Zoning Compliance and a Certificate of Occupancy prior to operation of the group child care home/preschool; o. The group child care home/preschool shall not adversely impact surrounding properties due to children's noise, traffic and other activities; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. TYIA LOFTON p. Group child care homes are defined as a child care facility which provides care for six to 12 children throughout the day. This includes the provider's own children. 9. The Applicant testified substantially as follows at the public hearing. She proposes to establish a preschool for a maximum of eight children. One part of her application provides that she desires to have eight to ten children; however, she has two children of her own and she does not want more than eight children in the home. She desires three children on a full time basis and two children on a part time basis. The day care will be a preschool type. She has a large family room which she plans to use. She plans to use only the bottom part of the house; the top part of the house will not be used. Her proposed hours are from 5:30 a.m. to 6:00 p.m., Monday through Friday. 10. in response to questions of Commissioner Borup, the Applicant testified substantially as follows. She intends to have three children on a full time basis and three on a part time basis. She will be the only person working at the day care; there will be no employees. The ages of the children will be from infant to five years. 11. In response to questions from Chairman Johnson, the Applicant testified substantially as follows. She has not read the recommendations of City staff. She does not have the City staff's comments dated August 1, 1997. With regard to item number 13 of City staff's comments, her proposed hours are from 5:30 a.m. to 6:00 p.m. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. TYIA LOFTON 12. In response to further questions of Commissioner Borup, the Applicant testified substantially as follows. She has previously worked at a child care facility in Meridian, Idaho. Hex experience has not been that children arrive at 5:30 a.m.; however, she has a friend and a couple other parents are interested in having such hour available to them. 13. In response to questions of Commissioner MacCoy, the Applicant testified substantially as follows. There does not exist any open water such as swimming pools or ditches on the property. There exists a six feet high fence around the property, which has lockable gates on it. The home is two stories. She intends to place a locked gate at the bottom of the stairway to block and secure the upstairs of the house. The upstairs will not be used for the day care. She does not plan to take care of handicapped children; she probably does not have the training to care for such children. The house has a three car garage with a driveway which provides sufficient area for three cars. She has spoken with most of her neighbors, and those which she has spoken are in favor of her proposal. The neighbors have not raised any problems or objections to her proposal. The subdivision in which the property is located has a homeowners' association. The document which governs the use of the property [the covenants, conditions and restrictions) address a business within a residence; however, she has spoken with the developer who does not believe a problem will exist if no person complains. She has not received a written document from the developer authorizing such proposed use of the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. TYIA LOFTON 1~ property, but she certainly could obtain such document from the developer. There does not exist much vehicle traffic in the area in which the property is located. The vehicle traffic is typical for a neighborhood, no major traffic. 14. In response to further questions of Chairman Johnson, the Applicant testified substantially as follows. She has not received a copy of a letter written to the City of Meridian by Mike and Marie Levers. She believes Mike and Marie Levers live down the street from the property. 15. Mike and Maria Levers submitted an undated letter to the Planning and Zoning Commission and City Council of Meridian, which letter is incorporated herein as if set forth in full. This letter provides in part: Please accept this letter as our ~oosition to a Day Care starting in our neighborhood for the following reasons. 1. Please see attached copy of our covenances (sic) clearly stating no business to be operated in the residences. We like this, as the neighborhood we lived in previously had Day Cares in homes and they negatively effected the residents and the property values, not to mention the quality of life. 2. The Lofton's knew the covenances (sic) in effect when they moved into our neighborhood. They should have looked elsewhere for housing that would accommodate a home business. 3. Eight to ten children causes the potential to add approx. (sic) 20 more trips through our neighborhood than we now experience. (10 to drop off child and 10 to pick up). 4. 5:30 a.m. is too early for this much potential traffic and 6:00 p.m. is when my daughter plays outside with many other children. Plus this would bring strangers known only to the Lofton's into our neighborhood. I feel the threat to safety should be considered. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. TYIA LOFTON 5. Our street is not a thru (sic) street, it is a loop off the major street. Therefor (sic) this added traffic would be very noticeable. We strongly oppose this Business in our neighborhood for the above mentioned reasons to restate: 1. We want to protect our property values and quality of life. 2. Added traffic & noise 3. Too early of opperating (sic) hours 4. Strangers in our neighborhood regularly 5. Safety to our children 16. With regard to this letter from Mike and Maria Levers, the Applicant testified substantially as follows. Mike and Maria Levers have not contacted her and she has not contacted them. The developer told her that they had contacted him; however, to her knowledge, they did not express any opposition to him at that time concerning her proposed day care. She believes they live six houses from her on the corner. She knows they are not an immediate neighbor, because she has spoken with all her immediate neighbors. 17. In response to further questions of Commissioner MacCoy, the Applicant testified substantially as follows. When she speaks of immediate neighbors, she means those neighbors who live next to and two houses from her on the same street and four houses adjacent and across the street from the property. With regard to traffic and the speed of automobiles, she has not observed any speeding through the neighborhood. The speed limit is 20 mile per hour. She believes the parents using the day care would be cautious and careful given they have children. As a parent herself, she is mindful of children when she is driving through neighborhoods. She FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. TYIA LOFTON is not aware of a neighborhood watch system for children in her neighborhood. 18. Commissioner Borup commented that the decision of the City of Meridian has no bearing on what is or is not permissible by the covenants, conditions and restrictions of the subdivision or the enforcement of such. In response, the Applicant testified that she was aware that she would have to work through the developer concerning such restrictions of the covenants, conditions and restrictions. 19. In response to a question to clarify the record, the Applicant testified that she intends to have three to six children at the day care in addition to her children. 20. The Meridian City Police Department and Nampa & Meridian Irrigation District submitted comments, which respective comments are hereby incorporated herein as if set forth in full. 21. The Meridian Fire Department submitted comments, which comments are hereby incorporated herein as if set forth in full; as long as all codes are met, it will not have a problem with the proposed day care, and the Applicant will not be able to use the upstairs of the residence for the day care. 22. Central District Health Department submitted comments, which comments are hereby incorporated herein as if set forth in full; it will require plans be submitted for a plan review of a child care center. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. TYIA LOFTON CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning and Development Ordinance of the City of Meridian. 3. The City of Meridian has the authority to take judicial notice of its own ordinances and proceedings, other governmental statutes and ordinances, and of actual conditions existing within the City and state of Idaho. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities, may be attached to the permit; that Section 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. TYIA LOFTON shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 6. The City has judged this application for a conditional use upon the basis of guidelines contained in Section 11-2-418 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. 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 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 proposed use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The proposed use would be harmonious with and in accordance with the Comprehensive Plan, but the Zoning Ordinance requires a conditional use permit to allow the use; c. The proposed use is to be designed and operated 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. TYIA LOFTON d. The proposed use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; that traffic may increase, but due to configuration of the driveway and off-street parking it should not be a problem; e. The property has sewer and water service already connected, but the Applicant may have to pay additional fees for the use; f. The proposed use would not create excessive additional requirements at public cost for public facilities and services and the proposed use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the proposed use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. Sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The proposed use will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. As conditions may be placed upon the 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 to the grant of the conditional use be required, to wit: a. The children, if outside, shall be maintained in a fenced area, as required below; b. There shall be fencing, gates and locks for the outside play area such that no children can leave the property without an adult unlocking and opening the gate to let the child or children out of the play area; no children shall be allowed outside of the play area or the home without an adult being present; the fence shall be maintained in good repair and the children, when outside, shall stay in the fenced area and the children shall not FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. TYIA LOFTON be allowed outside of the fenced area or the home, except for drop-off and pick-up times, and an adult shall be with them at all times if the child or children are waiting to be picked up; c. The Applicant shall meet the state of Idaho requirements for staff to children ratio; d. The Central District Health Department and the state of Idaho Department of Health and Welfare have requirements for day cares and the Applicant shall meet those requirements of the Central District Health Department and the state of Idaho Department of Health and Welfare; e. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner of the property or to another property; f. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, the Meridian Fire Department, Central District Health Department and other governmental agencies submitting comments, which comments specifically include, but are not limited to the following: 1. Any existing irrigation or drainage ditches crossing the property shall be tiled per City Ordinance 11-9-605.M. The Applicant shall submit plans for approval 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 this 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 Applicant shall provide to the City of Meridian a copy of a daycare license from the Idaho Department of Health and Welfare prior to obtaining a Certificate of Occupancy; 4. The Applicant shall cause to be available on the premises operators' licenses at all times for inspection; 5. The Applicant shall provide Social Security Numbers for the owner(s), operator(s) and all employees of the day care facility; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. TYIA LOFTON 6. The Applicant shall provide for screening of adjacent properties to protect children form adverse impacts and to provide a buffer between adjacent properties; 7. The Applicant shall provide a fence around the property of appropriate height and construction, as determined by the City of Meridian, to enclose play areas; 8. No signage shall be permitted; 9. The Applicant shall provide off-street parking in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. No unpaved areas shall be used for parking; 10. All trash and/or garbage collection areas shall be enclosed on at least three (3) sides by a solid wall or fence of at least four feet (4') in height or within an enclosed building or structure; 11. Assessments for sewer and water service will be reviewed to determine whether additional load justifies an adjustment to the assessment. The Applicant shall enter into an Assessment Agreement with the City of Meridian prior to beginning operation. The use will be considered a commercial use for billing purposes; 12. The building (house) shall meet all applicable Uniform Fire Code and Uniform Building Code requirements prior to issuance of a Certificate of Occupancy. The Applicant shall schedule an appointment with the Meridian Fire Department for inspection and shall comply with all of its requirements and correct any problems prior to operating. Operation of the day care facility without appropriate approvals will result in revocation of the conditional use permit; 13. The Applicant shall obtain a Certificate of Zoning Compliance and a Certificate of Occupancy prior to operation of the day care facility; 14. The child care facility shall not adversely impact surrounding properties due to children's noise, traffic or other activities; 15. The number of children at the day care facility shall include the Applicant's own children; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. TYIA LOFTON 16. The Applicant shall not use the upstairs of the building (house) for the day care facility; and 17. The Applicant shall submit plans to the Central District Health Department for plan review of the child care facility. g. The conditional use should not be restricted to a period of authorization but shall be subject to annual review, or more often if conditions warrant, upon notice to the Applicant, for violation of any conditions imposed herein and in other day care conditional uses and other conditional use applications. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. 11. Written testimony was received that stated the proposed use would be in violation of the covenants, conditions and restrictions of the subdivision in which the property is located. It is concluded that the City of Meridian is not bound by a subdivision's covenants, conditions and restrictions and does not have to follow them. However, the City of Meridian's action in granting a conditional use permit shall not be inferred to mean that proceedings cannot be instituted by a property owner to enforce the covenants, conditions and restrictions of the subdivision against the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. TYIA LOFTON • C~ APPROVAL OF FINDINOS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and`~onclusions of Law. \\ ROLL CALL ~ COMMISSIONER BO U 4~~ ' R P VOTED ~ COMMISSIONER MACCOY VOTED ~~ ~~"-~ COMMISSIONER SM}TH VOTED ~ ~ `'-" "tl 1 ~(~~~ l~ ~ ~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Planning and Zoning Commission of the City of Meridian hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law, more particularly set forth at paragraph 8. of the Conclusions of Law, or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the fire and life safety codes, Uniform Fire Code and other Ordinances of the City of Meridian. The conditional use should be subject to annual review, or more often if conditions warrant, upon notice to the Applicant by the City. MOTION: ~. APPROVED• ~ ~ r! DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. TYIA LOFTON f ~ ' BEFORE THE MERIDIAN PLANNING AND ZONING BENCHMARK LAND CO. APPLICATION FOR ANNEXATION AND ZONING TURNBERRY SUBDIVISION NE 1/4 OF THE SE 1/4, SECTION 4, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO WEST SIDE OF BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on August 12, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through its representatives, John Knight and Van Elg of Briggs Engineering, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for August 12, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 12, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. BENCHMARK LAND CO. 2. The property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is approximately 35.69 acres in size. 3. The Applicant is not the record owner of the property; however, the record owners have consented to this application. 4. The property is presently zoned by Ada County as RT, Rural Transitional, and is used for a residence and agricultural purposes. The Applicant requests the property be zoned (R-4), Low Density Residential District. The Applicant has requested the annexation and this zoning, and the application is not at the request of the City of Meridian. 5. The Applicant intends to develop a single-family residential subdivision known as Turnberry Subdivision. More specifically, a residential development consisting of 118 single family residential lots. 6. The property is located on the west side of Black Cat Road between Ustick and Cherry Lane. The property adjoins the city limits of the City of Meridian. 7. Pursuant to the application, the property will be developed in two phases. The proposed zoning provides for a maximum density of four dwelling units per acre. The Applicant maintains that the proposed development meets a need in the area by offering larger lot sizes. In this regard, the density of the proposed subdivision is similar to the R-3 zoning which provides for three dwelling units per acre. City services will be provided FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. BENCHMARK LAND CO. for the lots within this development. Each component of this development will comply with applicable requirements and ordinances. 8. The Applicant's representative, John Knight, testified substantially as follows. The Applicant seeks the annexation and zoning of property to be developed as a residential subdivision consisting of 118 lots. The minimum lot size is 8,000 square feet, and all lots meet the minimum lot size requirements. Quite a few of the lots exceed 8,000 square feet. The development plans for the property incorporate a sense of community. He has met with Shari Stiles and Bruce Freckleton to address the concerns they have expressed. One of the concerns expressed by Ms. Stiles is that few of the subdivisions in the City of Meridian provide street trees, which the landscaping plan for the proposed subdivision offers. Pursuant to the proposed covenants, conditions and restrictions for the subdivision, each house in the subdivision will be required to have two trees located along the street frontage. The purpose of this is to create a sense of real community. He believes that the Applicant has met the objectives which the Shade Tree Committee is attempting to achieve. He hopes the proposed subdivision sets an example for what could be accomplished with a shade tree ordinance. Another comment of Ms. Stiles pertained to the swales or the detention/retention basins of the subdivision. The Applicant has provided for the retention areas within the subdivision with some landscaping in such areas. In phase two of the subdivision, the Applicant has made an effort to provide a small tot lot type of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. BENCHMARK LAND CO. facility, for children between the age of two and five years. The Applicant has met with the Ada County Highway District, and he believes that the Applicant has addressed and resolved its expressed concerns. The proposed subdivision has passed Ada County Highway District's technical review committee. 9. The Applicant's representative, Van Elg, testified substantially as follows. The proposed subdivision has a total of 134 lots, 118 of which are buildable. There exist a number of open space landscape lots as provided in the proposed subdivision plat. A great deal of effort and time has been expended in planning this project. The Applicant has addressed the issues raised by the Ada County Highway District regarding right-of-way, future accesses, stub streets, collectors, arterials and dedication of right-of- ways. All of these issues have been discussed at great length and detail. Traffic engineering reports have been provided which supgort the proposed design of the subdivision for future connections to other developments or land within the area, which insures that the proposed development will not land lock anyone and access is available in the future. The Applicant has reviewed the City staff's comments, and believes it has addressed each one through the comment letter submitted to the City of Meridian. 10. The Applicant's representative, Van Elg, further testified substantially as follows. There is approximately 2.77 acres of open space presently proposed in the project. There are two lots which provide some common area for pathway connection. These areas will also provide drainage areas and serve as breaks to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. BENCHMARK LAND CO. block lengths. The Applicant has attempted to address each comment of City staff. The total density of the project is approximately three dwelling units per acre for the proposed R-4 zoning, which permits four units per acre. Consequently, there exists approximately 88 open space with three dwelling units per acre. The proposed zoning is compatible with typical patterns within the area and adjacent developments across Black Cat Road. The Nampa & Meridian Irrigation District's access road lies within the area to be used for buffering. One of the concerns of the Nampa & Meridian Irrigation District and some of the neighbors is the dumping of lawn clippings, which would clog the irrigation ditch. The Applicant proposes the construction of a fence in the area, which would essentially alleviate such concern. With regard to the fencing, the Nampa & Meridian Irrigation District does not permit wood or other combustible fencing. Consequently, the Applicant is exploring different options for the fencing material or placing a note on the plat concerning destruction of the fence and, notwithstanding the destruction of the fence due to ditch cleaning, the homeowners are responsible to replace the fence. The Nampa & Meridian Irrigation District has not given the Applicant approval of the idea of placing such a note on the plat. The Applicant will continue to explore options to such issue. There exist a number of crossing within the proposed subdivision. With regard to the crossing to the south and the west, the Ada County Highway District requires that the Applicant deposit into the trust fund money for extension of the roads across the irrigation ditches. Accordingly, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. BENCHMARK LAND CO. the Applicant will not have to build the connection, but money is available for such connections in the future. Pressure irrigation will be provided to the proposed subdivision. Irrigation water will be diverted from the Safford Lateral at the southeast corner of the property. The Applicant plans to meet with the developer of Ashford Greens to consider the possibility of tying the pressure irrigation systems together. The Applicant is seeking a variance on the tiling of the existing irrigation ditch due to the volume and slope of the ditch. With regard to the internal road, the Applicant has established a buffer on the main access road. There are buffers on each side with turning lanes into and out of the property. The road is designed as a collector its full length. This design has the specific purpose to assist traffic flow from surrounding properties onto Black Cat Road. The buffering exists to help minimize any impacts and improve the appearance of the proposed subdivision. No lots will front on that entrance street. 11. In response to questions of Commissioner Borup, Mr. Elg testified substantially as follows. The size and species of the trees to be planted in the subdivision will be specified in the covenants, conditions and restrictions of the subdivision. The proposed trees are flowering pears, which will grow to a height of 25 to 35 feet and located 25 to 30 feet apart. The trees will run the length of one of the roads of the subdivision. There are also lindens to be planted which are taller with more foliage. Naple trees are to be planted on the inner development of the proposed subdivision. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. BENCHMARK LAND CO. 12. In response to questions of Commissioner Borup, Mr. Knight testified substantially as follows. David Koga, the Applicant's landscape architect is to develop a street tree theme which would create a hierarch. Eventually, one would be able to drive through the proposed subdivision and observe a tree lined effect of flowering pears. In the internal part of the proposed subdivision, the Applicant is considering large shade trees. The issue of the trees will be addressed in the subdivision's covenants, conditions and restrictions. The Applicant has not yet determined the manner in which the trees will be acquired and planted. 13. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted general comments and site specific comments. Their general comments and site specific comments are incorporated herein as if set forth in full. Their general comments included the following: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Pubic Works Department. A variance for tiling has been submitted for the Safford Lateral; b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; c. The Applicant is to determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. BENCHMARK LAND CO. d. The Applicant is to provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606 B; e. Water service to this development is contingent upon positive results from a hydraulic analysis by the City's computer model; f. The Applicant is to submit a revised letter from the Ada County Street Name Committee, approving the subdivision and street names and make any corrections on the subdivision plat which are necessary to conform to such approvals; g. The Applicant is to coordinate fire hydrant placement with the Meridian Public Works Department; and h. The Applicant is to respond in writing, to each of the comments contained in this memorandum. Their site specific comments included the following: a. Sanitary sewer service to this site will be via an extension of a trunk line system to be built to the lift station in Ashford Greens Subdivision. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. The Applicant will be responsible to construct the sewer mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline; b. Water service to this site will be via extensions of existing mains installed in adjacent developments. The Applicant will be responsible to construct the water mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Public Works Department; c. The City of Meridian requires lots to carry the arrow symbol depicting the orientation of the front of house only on lots that have a side(s) that do not meet the minimum frontage required by the particular zone, or when there is concern with aesthetics. The Applicant is to provide lot dimensions of all lot lines so it can be determined if arrow symbols need to be added. Corner lot frontages are determined by the line segment length plus one-half of the chamfer or curve length. For example, Lot 1, Block 5; Lot 15, Block 1; Lots 13 and 14, Block 3; Lots 1 and 3, Block 9; Lot 2, Block 4; Lot 1, Block 4; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. BENCHMARK LAND CO. Lot 14, Block 2; and Lots 13 and 14, Block 6, would need arrow symbols added in the current configuration. A variance application has been submitted for lots on curves that do not meet minimum frontage requirements; d. Lot 9, Block 2, does not meet the minimum chord length of 40 feet; e. The Applicant is to identify the source of the pressurized irrigation system. Any proposal for a supplementary connection from the City's water system will need to be reviewed closely due to the size of the area to be watered. The Applicant shall be responsible for the payment of assessment and meter fees associated with said supplementary connection; f. 250 and 100 watt high pressure sodium street lights will be required at locations designated by the Public Works Department. All street lights shall be installed at the Applicant's expense. Typical locations are at street intersections and/or fire hydrants; g. The Applicant is to identify the locations where open detention ponds are proposed to be utilized. The City has been experiencing problems with groundwater in drainage areas, particularly those without an outflow to an existing drainage system; h. A detailed landscape plan for the common areas shall be submitted for review and approval prior to the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat; i. The Applicant is to construct six foot high, permanent, non-combustible perimeter fencing except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. j. A development agreement is required for this project, as a condition of annexation of the property; k. The Applicant is to correct the spelling of the Safford Lateral on the plat; 1. Crossings will need to be built at the west ends of Tournament and Classic Drives, as well as the south end of O'Conner Way. The Ada County Highway District will require that deposits be made for future construction of these crossings, with construction taking place when the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. BENCHMARK LAND CO. property to the west is developed. Fencing should be continued across these stub streets. Sewer and water shall also be stubbed to the subdivision boundary at these locations; m. Can the sewer and water be designed so that there is not a need to exit the development through a common lot7; and n. The preliminary plat map is required to carry the stamp, signature and date of the professional engineer that has done the preliminary design. 14. The Applicant's representative, Dean Briggs of Briggs Engineering, responded in writing to the general and site specific comments of the Assistant to the City Engineer and the Planning and Zoning Administrator through a letter dated August 8, 1997. This responsive letter is incorporated herein as if set forth in full. Mr. Briggs' responses to the general comments, one through eight, included the following: a. Item 1. is understood. As indicated, a variance for the tiling of the large irrigation/drainage ditches has been submitted - this request will be heard by the Meridian City Council for consideration; b. Item 2. is understood. An existing well and septic system exist in the southeast portion of the site (serving the old dwelling). These facilities will be appropriately removed and/or used for supplemental landscape irrigation; c. Item 3. is understood. A determination of seasonal high ground water and specific subsurface soils conditions will be submitted with the final street plans. A soils report for this area was submitted with this application. Please note that as discussed in the report prepared by Kleinfelder, groundwater and/or soil conditions are not expected to limit the scope of this development; d. Item 4. is understood. Five foot sidewalks will be provided in accordance with City Code (as shown on the preliminary plat); FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. BENCHMARK LAND CO. e. Item 5. is understood. Water service connections will be made to City of Meridian main lines in Black Cat Road. Briggs Engineering, Inc. will coordinate this connection with the Department of Public Works; f. Item 6. is understood. Letters from the Ada County Street Naming Committee and the Ada County Engineer were already submitted with this application. Revised letters will be provided to support the specific names used and the identified street locations. Any corrections will be noted. Another copy of the preliminary plat (updated) and a vicinity map will be submitted to the Ada County Engineer and the Ada County Street Naming Committee for additional review - as requested; q. Item 7. is understood. Fire hydrant locations will be coordinated with the Department of Public Works as part of the plan review process. General locations of hydrants are shown on the preliminary plat; and h. Item 8. is understood. Although not required, we felt we could make the minor revisions/adjustments to this preliminary plat and submit it in time for Commission review - rather than submit the revisions only to Council. A great deal of time and effort has been devoted to the preparation of this preliminary plat - we hope the extra effort will assist you in making a comfortable and informed decision for approval. Mr. Briggs' responses to the site specific comments included the following: a. Item 1. is understood. Briggs Engineering, Inc. will continue working closely with the Department of Public Works to verify adequate sewer capacity and to ensure appropriate design; b. Item 2. is understood. Water connection and stubs will be designed and provided as required; c. Item 3. is understood. Lot dimensions and front orientation arrows (where appropriate) will be shown. Some of the corner lots will have reversed frontages - with the longer sides serving as the front yard; d. Item 4. is understood. Lot 9, Block 2 has been adjusted to meet the applicable frontage requirements; e. Item 5. is understood. As noted by staff, due to the size of the open space/landscape areas that will FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. BENCHMARK LAND CO. require irrigation, and in compliance with Meridian Code, pressurized irrigation will be provided. At this time, the proposed source for the pressurized irrigation system will be from the Safford Lateral (see proposed pump location at the southeast corner of the site). The existing domestic well may also serve as a potential source for supplemental irrigation of landscaped areas. The appropriate Land Use Change applications will be submitted to the Nampa-Meridian Irrigation District for review and approval; f. Item 6. is understood. Street lights will be installed at the developer's expense. Street light locations, as shown on the preliminary plat, will be adjusted where necessary to conform to City requirements; g. Item 7. is understood. Drainage areas/facilities are identified on the preliminary plat. These facilities will be combined with the open space areas (see the preliminary plat and the landscape plan for further detail); h. Item 8. is understood. Although not required prior to the submittal of the final plat, we again felt that it would be helpful to present the proposed landscape plan for this project to both the Commission and the City Council. As suggested by staff, we have tried to eliminate any potential conflicts with the irrigation ditches on the site with the creation of separate lots for these facilities. In addition to this land being set aside and excluded from any useable area for these facilities, please note the buffering, open areas, landscaping, and walks that have been incorporated into this project. These facilities help beautify and protect the project, they provide linkage between blocks, and eliminate concerns about long block lengths; i. Item 9. is understood. A six-foot high non- combustible fence will be installed where required; j. Item 10. is understood. A development agreement will be submitted upon request from the City. The appropriate timing for this submittal will be discussed with staff; k. Item 11. is understood. The spelling had been corrected and noted on the plat; 1. item 12. is understood. The three crossings will eventually be constructed as noted - appropriate funding will be provided as required by ACHD. Fencing, sewer, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. BENCHMARK LAND CO. and water will also be constructed and stubbed at the appropriate locations; m. Item 13. is understood. Briggs Engineering, Inc. is reviewing this item. We will continue to discuss the design and/or any changes with Public Works staff. The lot and line will certainly be eliminated if warranted and if other reasonable options exist; and n. Item 14. ie understood. An engineer's stamp has been placed on the preliminary plat. 15. The Meridian Police Department and the Meridian Sewer Department submitted comments, which respective comments are incorporated herein as if set forth in full. 16. The Meridian Fire Department submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that all common lots will need to be kept clear of trash and weeds, and that street name signs will need to be installed before building is started. 17. The Nampa 6 Meridian Irrigation District submitted comments, which comments are incorporated herein as if set forth in full. Its comments included the following: a. The Nampa & Meridian Irrigation District's Safford Lateral courses along the south and west boundary of the project. The right-of-way of the Safford Lateral is 45 feet; 30 feet to the right and 15 feet to the left facing downstream. See Idaho Code Section 42-1208-- RIGHTS-OF- WAY NOT SUBJECT TO ADVERSE POSSESSION. The Applicant 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 a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected; c. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. BENCHMARK LAND CO. & Meridian Irrigation District must review drainage plans; d. The Applicant must comply with Idaho Code Section 31-3805; and e. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 18. Idaho Power submitted comments, which comments are incorporated herein as if set forth in full. Its comments included that it requires a permanent 10 foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use. 19. The Central District Health Department submitted comments. Its comments are incorporated herein as if set forth in full. Its submitted comments included the following. After written approval from the appropriate entities are submitted, it can approve this proposal for central sewage and central water. Plans for central sewage and central water must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. Street runoff is not to create a mosquito breeding problem. Stormwater management systems should be water quality sensitive to prevent contamination. 20. The Ada County Highway District submitted comments, which comments are incorporated herein as if set forth in full. Its comments included, but are not limited to, the following: a. The Applicant is to dedicate 45 feet of right-of-way from the centerline of Black Cat Road 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. BENCHMARK LAND CO. occurs first. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #168; b. The Applicant is to construct an Ada County Highway District approved turnaround at the terminus of both Ayrshire Court and Ailsa Court. The Applicant is to submit a design of the turnarounds for review and approval by District staff; c. Stub O'Conner Way to the south (between Lot 1, Block 5, and Lot 15, Block 1), approximately 630-feet west of the east property line; d. Stub O'Conner Way to the north (between Lot 1, Block 4, and Lot 14, Block 2), approximately 630-feet west of the east property line; e. The main project entrance off Black Cat Road shall be designed with 21 feet of pavement on either side of a center median and located approximately 470 feet south of the north property line (from Black Cat Road to Professionals Way). The median shall be constructed a minimum of 4 feet wide to total a 100 square foot area and located outside the new right-of-way of Black Cat Road. The applicant will be required to dedicate 58 feet of right-of-way plus the additional width of the median (from Black Cat Road to Professional Way). The median shall be a designated lot owned and maintained by a homeowners association; f. The Applicant is to construct a center turn lane and a deceleration lane on Black Cat Road for the Charles Street/Black Cat Road intersection. The applicant shall construct the southbound deceleration lane beginning at a point 90 feet north of Charles Street tapering to a width of 9 feet wide. The northbound turn lane shall be constructed to provide a minimum of 100 feet of storage with shadow tapers for both the approach and departure for the center turn lane. The Applicant is to coordinate the design of the turn lane with District staff; g. Charles Street, from Black Cat Road to Professionals Way, shall be designated as a residential collector with no front on housing. Notes of this restriction shall be noted on the final plat; FINDINGS OF rr^ACT AND CONCLUSIONS OF LAW - Page 15. BENCHMARK LAND CO. h. Charles Street, from Professionals Way to Jagger Avenue, shall also be designated as a residential collector with no front housing. Notes of this restriction shall be noted on the final plat; i. Unless otherwise stated, all internal roads shall be constructed as 37-foot street sections with curb, gutter and 5 feet wide concrete sidewalk within 50 feet of right-of-way; j. As required by District policy, restrictions on the width, number and locations of driveways, shall be placed on future development of this parcel; and k. Other than the access point specifically approved with this application, direct lot or parcel access to Black Cat Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 21. There were no other comments by the public regarding this application. 22. The property is adjacent and abutting the present city limits of the City of Meridian. 23. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 24. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 25. The property is in an area designated on the Generalized Use Map of the Meridian Comprehensive Plan as a single family residential area. In the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre. 26. In the Meridian Comprehensive Plan under LAND USE, Rural Areas, Section 6.3 provides that land in agricultural activity FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. BENCHMARK LAND CO. t • should so remain in agricultural activity until urban services can be provided. See COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29. 27. The City of Meridian has, and is, experiencing a population increase, and as a result there exist pressures to develop land, previously used for agricultural uses, into residential subdivision lots. 28. The property can be physically serviced with City of Meridian water and sewer if the Applicant extends the lines, and constructs and installs the necessary equipment and facilities. 29. The R-4, Low Density Residential District is described in the Zoning and Development Ordinance, 11-2-408 B. 3 as follows: (R-4) Low Density Residential District: Only single- family dwellings shall be permitted and no conditional uses shall be permitted except for Planned Residential Development and public schools. The purpose of the (r-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominately residential development has, or is likely to occur in accord with the Comprehensive Plan of the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four (4) dwelling units per acre and requires connection to the Municipal Water and Sewer System of the City of Meridian. 30. Pursuant to the Zoning and Development Ordinance, 11-2- 411 D 1., all new single-family detached housing in the (R-4) Low Density Residential District shall be constructed to contain at least 1,400 square feet of living space of which the garage is not included in determining the square footage of living space. 31. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, "2. RESIDENTIAL POLICIES 2.1U FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. BENCBMARK LAND CO. Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums etc.) for the purpose of providing the City with a range of affordable housing opportunities." COMPREHENSIVE PLAN CITY OF MERIDIAN at page 23. 32. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, RURAL AREAS, section 6.3 c.: Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings units per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided in accordance with Ada County Zoning and Subdivision Ordinances Policy. Development density below three dwelling units per acre may be allowed by conditional use permit if a cost/benefit analysis indicates positive impacts to the City of Meridian. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 29. 33. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, RURAL AREAS, section 6.4 c.: Residential development is allowed in the rural areas provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, when Low, Medium and Aigh density residential may be considered. All residential development must also comply with the other appropriate sections of this plan. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 30. 34. The following pertinent statements are made in the Meridian Comprehensive Plan under HOUSING, Housing Policies: 1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. BENCHMARK LAND CO. ~, i ** ~i 1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background, shall be encouraged. 1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 67. 35. The City of Meridian has experienced an influx in its population which influx is reasonably anticipated to continue. The property borders upon City limits of the City of Meridian, and economic conditions are making the continuation of farming in the area difficult. 36. With regard to this application, Planning and Zoning Administrator, Shari Stiles, and Assistant to the City Engineer, Bruce Freckleton, made the specific comment that the annexation of the property should be conditioned upon a development agreement. 37. In 1992, the Idaho State Legislature passed amendments to the Local Planning Act, which included amending Idaho Code Section 67-6513. Section 67-6513 provides in part: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service, delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision. 38. The City of Meridian is concerned with the increase in its population, and the impact such increase has upon its ability to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19. BENCHMARK LAND CO. moving into the City of Meridian. The City of Meridian is further concerned about the impact and burden placed upon the schools of Meridian School District No. 2 resulting from the influx of its population. The City of Meridian knows the increase in population does not sufficiently increase the tax base to offset the coats of providing fire, police, emergency health care, water, sewer, and parks and recreation services. The City of Meridian further knows the increase in population does not provide sufficient tax base to provide for school services to current and future students. 39. Pursuant to the instruction, guidance and direction of the Idaho State Legislature, the City of Meridian may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive to apply to all residential lots in the City because of the imperilment to the health, welfare and safety of its citizens. 40. Section 11-9-605 C of the Zoning and Development Ordinance provides, "Right-of-way for pedestrian walkways in the middle of the long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 41. Section 11-9-605 G of the Zoning and Development Ordinance provides in part: Planting strips shall conform to the following: 1. Planting Strips - Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20. BENCHMARK LAND CO. to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement; . 42. Section 11-9-605 H of the Zoning and Development Ordinance provides in part: Public sites and open spaces shall conform to the following: * * + 1. Natural Features - Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision; 43. Section 11-9-605 K of the Zoning and Development Ordinance provides: The extent and location of lands designed for linear open space corridors should be determined largely by natural features and, to a lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi-improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural values, especially waterways, drainageways and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21. BENCHMARK LAND CO. ,. 6. To link residential neighborhoods, park areas and recreation facilities. Subdivision plats or development plans shall show the location of any lineal open space corridors. 44. Section 11-9-605 L of the Zoning and Development Ordinance provides: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada county [sic] Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 45. Section 11-9-605 M of the Zoning and Development Ordinance provides in part: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 46. Proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22. BENCHMARK LAND CO. 2. The City of Meridian has authority to annex land pursuant to Idaho Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. There has been compliance with all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian. 5. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. 8. As the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23. BENCHMARK LAND CO. including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Development Ordinance of the City of Meridian. 11. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. It is concluded, however, that it is more appropriate to enter into a development agreement for the development of the property, and therefore as a condition of annexation, a development agreement must be entered into prior to development of the property or issuance of final plat approval. 12. As a condition of annexation and the zoning of (R-4) Low Density Residential District, the Applicant shall enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D. The development agreement shall address, but not limited to, the following matters: a. Inclusion into the development the requirements of 11-9-605; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24. BENCHMARK LAND CO. b. Payment by the Applicant, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City; c. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee, or fees for fire, police, emergency health care, water, sewer, and parka and recreation services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; g. Submission and approval of individual building, drainage, lighting, parking, and other developmental plans of the property; h. Harmonizing and integrating the site improvements with the surrounding residential development and other development; i. Addressing and complying with the present general and site specific comments of and the comments hereafter made by the Planning and Zoning Administrator; j. Addressing and complying with the present general and site specific comments of and the comments hereafter made by the City Engineer and the Assistant to the City Engineer; k. Addressing and complying with the comments and requirements of the Ada County Highway District; 1. Addressing and complying with the comments and requirements of other governmental agencies submitting comments; m. The sewer and water requirements; n. Traffic plans and access into and out of any development; and o. Any other items or matters deemed necessary by the City Staff, including design review of all development, and conditional use processing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25. BENCHMARK LAND CO. 13. As the property is in an area marked as a single family residential area, the annexation and zoning application is in conformance with the Rural Area policies. 14. The development of the property as an (R-4) Low Density Residential District, as requested by the Applicant, would be compatible to the development in the surrounding area. 15. It is therefore concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de-annexed. 16. The requirements of the Meridian City Engineer, Meridian Planning and Zoning Administrator, Meridian Fire Department, Idaho Power, Ada County Highway District, Central District Health Department, the Nampa & Meridian Irrigation District and other governmental agencies shall be met and addressed in a development agreement. 17. Unless a variance is granted by the City of Meridian, all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 18. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 19. The Applicant shall be required to connect the property to the City of Meridian's water and sewer systems, extend the water FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26. BENCHMARK LAND CO. '~ and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Applicant's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 20. These conditions shall run with the land and bind the Applicant and its successors in interest, assigns, heirs, executors or personal representatives. 21. With compliance of the conditions and requirements contained herein, the annexation and zoning of the property as (R- 4) Low Density Residential District would be in the best interest of the City of Meridian. 22. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27. BENCHMARK LAND CO. .. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER COMMISSIONER COMMISSIONER CHAIRMAN JOH BORUP MACCOY SMITH (~' VSO (TIE BREAKER) VOTED ~t ~n~ ``,~~_ 9/~ VOTED VOTED VOTED ~aye~- DECISION AND RECONI9ENDATION The Planning and Zoning Commiasion hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and/or is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED ~ 6~ ~~ ~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28. BENCHMARK LAND CO. • BEFORE THE MERIDIAN PLANNING AND ZONING LEE CENTERS CONDITIONAL USE PERMIT FOR A THREE APARTMENT BUILDINGS 305 S. MERIDIAN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on August 12, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through his representative, David Bailey of Pinnacle Engineers, Inc., hereinafter referred to as the "Representative," the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on August 12, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 12, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property contains approximately one acre and is located within the City of Meridian at 305 S. Meridian Road. The property is described in the application which description is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. LEE CENTERS - CONDITIONAL USE PERMIT incorporated herein. The Applicant is not the owner of record of the property. The record owners of the property are Robert E. and Evangelina Mayfield, and they have consented to the application for re-zone of the property. 3. The property is presently zoned (R-15) Medium High Density Residential District and the Applicant has requested by separate application a zoning amendment to (R-40) High Density Residential District. 4. Pursuant to the application, the property is presently used for a single family residence. The proposed use of the property is to construct three apartment buildings. The purpose of the requested rezone of the property is to allow the construction of 16 apartment units in three separate buildings. This proposed use results in 17 dwelling units on the property. 5. Further, pursuant to the application, the property is bound by existing apartment complexes on both the north and south sides. Consequently, the proposed project can be easily viewed as an "in-fill" type of project. Although the resulting density will be slightly higher than the adjacent multi-family parcels, the density essentially will be comparable to the neighboring apartment complexes. Existing utilities, sewer and water, are available on the lot to the south of the property, and can be easily extended to the property. Connection to the existing single family residence to the City's services in planned as part of the proposed project. 6. The Representative testified substantially as follows. There exists a single family residence on the property. With FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. LEE CENTERS - CONDITIONAL USE PERMIT regard to the proposed project, of the three apartment buildings to be constructed, two of will have six units and the third will have four units. Access to the apartment complexes will be through the adjacent existing apartment complexes. The Applicant will provide sewer and water service to the property from this adjacent property with the apartment complexes. 7. The Representative further testified substantially as follows. With regard to City staff's comments, no drainage ditches exist on or across the property. The Applicant will abandon the existing septic system for the existing house on the property, and connect the house to the City's sewer system. The existing house is presently connected to the City's water system. The Applicant has spoken with the Meridian Fire Department concerning the location of fire hydrants, and there exists some concern about the water flow to the fire hydrant from the six inch main. If needed, the Applicant can loop the water line back to Meridian Road to increase the water flow for fire protection. The Applicant will provide the easements for the sewer and water. Consistent with discussions between the City Engineer, Gary Smith, and Roger Smith of Pinnacle Engineers, concerning the utilities, the plan needs to be revised to depict the utilities. The plan will be revised to show five feet wide sidewalks. In addition there will be provided a handicapped parking space in the proposed development. The Applicant has worked with the Ada County Highway District and determined what it needs in terms of right-of-way for access. With regard to item 9 of City staff's comments, the Ada County Highway FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. LEE CENTERS - CONDITIONAL USE PERMIT District has stated that there is a loop driveway to the existing house; it wants a single access drive rather than two accesses. The Applicant will develop the property to provide the one access and does not intend to provide the area for overflow parking. If the Applicant did provide the area as overflow parking, he would have to pave the area and provide additional landscaping. However, the Ada County Highway District has indicated that it would not object to the use of such area as overflow parking. A fence presently surrounds the north and west sides of the property. Hope Arms apartment complexes are to the west and north sides of the property. To the east and across Meridian Road is Meridian Lanes. And the Applicant's previous project is to the south of the property. S. In response to questions of Commissioner MacCoy, the Representative testified substantially as follows. The access to the property is to be from the south, so that there exists plenty of room for the 20 feet set back along Meridian Road. The trash area is part of the plans for the development of the property, although such area is not depicted on the landscape plan submitted. He is uncertain as to what has been done to coordinate the trash removal with the City of Meridian's solid waste contractor. The existing fence along the property is a chain link fence six feet in height. There is not to be any signage for this particular project. The Applicant does not plan to provide canopy parking for vehicles. The buildings located south of the property are similar to the buildings to be constructed on the property. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. LEE CENTERS - CONDITIONAL USE PERMIT 9. In response to questions of Commissioner Borup, the Representative testified substantially as follows. The Representative does not know, off the top of his head, the zoning district of the property on which Hope Arms apartments are located. Chairman Johnson commented that the property was zoned R-15. The overflow parking will not be part of this proposed project. As far as the 20 feet landscape set back along Meridian Road, there is no planned landscaping at this time. 10. Commissioner Borup commented that the landscaping of the Applicant's other project, the development of the property south of the subject property, is nice; that he believes the landscaping including the landscaping along Meridian Road needs to be addressed. In response, the Representative testified that the Applicant planned to maintain the existing landscaping in the area. 11. The Applicant, Lee Centers, testified substantially as follows. He does not know what the Ada County Highway District's plans are with regard to the frontage area of the property. The Ada County Highway District has indicated that it would not permit access to the proposed project from Meridian Road. Consequently, he will have to landscape the area when he applies for a building permit. There exists a cyclone metal fence surrounding the property. Towards the end of the project, to avoid damage during construction, he is going to replace that fence with a cedar fence six feet in height around the property. The apartment buildings will have covered entry ways, and the stairs will be covered. The buildings are to be stucco. The landscaping of the property is to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. LEE CENTERS - CONDITIONAL USE PERMIT ~~ be similar to the property to the south, and he will landscape the area along Meridian Road after the Ada County Highway District determines what its plans are. 12. in response to questions of Commissioner Borup, Mr. Centers testified substantially as follows. With regard to the submitted plan and the fence depicted on it, that fence is the existing fence, which is not on the property line. If owner(s) of Hope Arms agrees, of which he is positive, he will replace that fence and locate it on the property line. 13. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein as if set forth in full. Their comments included the following: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project; b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; c. The Applicant is to coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. Fire hydrant locations shall be depicted on the preliminary plat map; d. The City of Meridian owns and maintains an eight- inch diameter sanitary sewer main adjacent to the south of this proposed site. An eight-inch diameter main will need to be extended into the subject parcel. Appropriate easements to the City of Meridian will need to be FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. LEE CENTERS - CONDITIONAL USE PERMIT dedicated over said main. Sewer main extension plans shall be reviewed during the plan review process. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this project; e. The City of Meridian owns and maintains a six-inch diameter water main adjacent to the south in Mr. Center's apartment complex. A six-inch diameter main will need to be extended north into the subject site. Appropriate easements to the City of Meridian will need to be dedicated over said main. At this time the Public Works Department is concerned about the capacity to serve this site for fire protection from the single six-inch main that was installed as part of Mr. Center's adjacent project. An additional main may be required to loop the main to Meridian Road. The necessity for this additional main will be determined from afire hydrant flow test on site during the plan review process; f. The Applicant is to revise the site plan to show all existing and proposed utilities; g. Assessment fees will be determined during the plan review process. The Applicant will be required to enter into a re-assessment agreement with the City of Meridian; h. As Meridian Road is designated as an entrance corridor in the Meridian Comprehensive Plan, a minimum 20-foot landscape setback beyond required right-of-wav should be provided. Detailed landscape plans showing this planting strip will be reviewed during the building permit process; i. Although not shown on the site plan, the landscape plans shows that the area east of the proposed four-unit apartment is for overflow parking. No access to Meridian Road has been approved for this location. In order to be used for parking, the access for the existing house would have to be used. If Council approves this area for overflow parking, it will need to be fully paved and landscaped. Gravel parking areas will not be permitted. Some additional landscaped space in this area would be desirable; j. The Applicant is to provide five-foot-wide pedestrian walkways throughout the project; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. LEE CENTERS - CONDITIONAL USE PERMIT k. The proposed trash area is shown as a planter on the landscape plan. The Applicant is to coordinate dumpster location with Meridian Sanitary Services and revise plans to reflect changes; 1. The Applicant is to dedicate additional needed right-of-way on Meridian Road to Ada County Highway District. The Applicant is to submit a copy of the recorded warranty deed prior to obtaining a building permit. The dedication needs to include the frontage of the existing house; m. The Applicant is to provide handicap parking spaces and signage in accordance with the Americans with Disabilities Act. The Applicant needs to verify if any of the proposed units are required to be handicap accessible; n. The Applicant is to construct permanent, six-foot- high perimeter fencing prior to obtaining building permit; o. The Applicant is to provide security lighting for the parking lot per ordinance; p. All signage is to be approved by the Planning & Zoning Department. Temporary and A-frame signs will not be permitted and will be removed upon three days notice to the Applicant; and q. Council may require a development agreement as a condition of the rezone, but details could be part of the annexation ordinance and the approved conditional use. If the R-40 zone is granted, density should be limited to a maximum of 20 units as has been conditioned upon other properties zoned R-40. The proposed site plan would result in a density of 18.9 units per acre. 14. The Meridian Police Department, the Meridian Fire Department and the Meridian Sewer Department submitted comments on the subject application, which respective comments are hereby incorporated herein as if set forth in full. 15. The Nampa & Meridian Irrigation District submitted comments on the subject application, which comments are hereby FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. LEE CENTERS - CONDITIONAL USE PERMIT • incorporated herein as if set forth in full. Its comments included the following: a. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; b. All laterals and waste ways must be protected; c. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans; d. The developer must comply with Idaho Code Section 31-3805; and e. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 16. The Central District Health Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that runoff is not to create a mosquito breeding problem, or impact ground and/or surface water; and that the existing septic system is to be abandoned according to the rules and regulations governing sewage systems. 17. The Ada County Highway District has or may hereafter submit comments, and such comments whether presently submitted or hereafter submitted are hereby specifically incorporated herein as if set forth in full. 18. There were no other comments by the public regarding this application. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. LEE CENTERS - CONDITIONAL USE PERMIT CONCLUSIONS OF LAW C~ 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The City of Meridian has authority to place conditions on a conditional use permit and the use of the property pursuant to Idaho Code Section 67-6512 and pursuant to that section conditions minimizing the adverse impact on other development, controlling the duration of development, assuring the development is maintained properly, and on-site or off-site facilities may be attached to the permit; that 11-2-418 D authorizes the City to prescribe a set time period for which a conditional use may be in existence. 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 10. LEE CENTERS - CONDITIONAL USE PERMIT 6. This Application for a conditional use has been judged upon the basis of guidelines contained in Section 11-2-418 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it may take judicial notice. 7. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. Pursuant to the conditions for the zoning amendment granted for the property a conditional use permit would be required; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; c. The use is 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. LEE CENTERS - CONDITIONAL USE PERMIT e. The Applicant shall be able to provide adequately for the essential public facilities and services such as streets, police and fire protection, drainage structures, refuse disposal, water and sewer, but Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions involve a use, activity, conditions of operation person, property or the excessive production of glare or odors; are met, the use should not process, material, equipment or that would be detrimental to general welfare by reason of traffic, noise, smoke, fumes, h. The Applicant will cause the property to have a vehicular approach which shall be designed as not to create an interference with traffic on surrounding public streets, and sufficient parking for the proposed use will be required to meet the requirements of the City ordinance; and i. The development and uses will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 8. Because conditions may be placed upon the grant of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of the grant of the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; c. The Applicant shall meet the comments, recommendations and requirements of the City Engineer's office and the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. LEE CENTERS - CONDITIONAL USE PERMIT Planning and Zoning Administrator, which include, but are not limited to the following: (1) Any existing irrigation or drainage ditches crossing the property, to be included in this project, shall be tiled pursuant to Section 11-9- 605 M. The Applicant shall submit plans for such tiling to the appropriate irrigation or drainage district, or lateral users association for approval, with written confirmation of said approval submitted to the Public Works Department; (2) Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City of Meridian Ordinance Section 5-7-517. Wells may be used for non- domestic purposes such as landscape irrigation; (3) The Applicant shall coordinate the location of fire hydrant(s) with the City of Meridian's Water Works Superintendent. Fire hydrant locations shall be depicted on the preliminary plat map; (4) As the City of Meridian owns and maintains an eight-inch diameter sanitary sewer main adjacent to the south of the property, the Applicant must extend an eight-inch diameter main into the subject parcel. Appropriate easements will need to be dedicated to the City of Meridian for said main; (5) The Applicant shall submit sewer main extension plans to the City of Meridian for review during the plan review process; (6) As the treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated, approval of this application is contingent upon the City of Meridian's ability to accept the additional sanitary sewage generated by this proposed project; (7) As the City of Meridian owns and maintains a six- inch diameter water main adjacent to the south of the property, a six-inch diameter main must be extended north into the property. The Applicant shall dedicate appropriate easements to the City of Meridian for said main; (8) As the Public Works Department is presently concerned about the capacity to serve the property with fire protection from the single six-inch main FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. LEE CENTERS - CONDITIONAL USE PERMIT that was installed as part of project on the southern adjacent property, the City of Meridian may require, in its discretion, an additional main to loop to the main in Meridian Road. The necessity for this additional main will be determined by the City of Meridian from a fire hydrant flow test on site during the plan review process; (9) The Applicant shall revise the site plan to show all existing and proposed utilities; (10) Assessment fees will be determined during the plan review process. The Applicant shall enter into an Assessment Agreement with the City of Meridian; (11) As Meridian Road is a designated entrance corridor in the Meridian Comprehensive Plan, a minimum 20- foot landscape setback beyond required right-of-way shall be provided. The Applicant shall submit detailed landscape plans showing the planting strip along Meridian Road, which will be reviewed during the building permit process; (12) Although not shown on the site plan, the landscape plans presented depict that the area east of the proposed four-unit apartment is for overflow parking. No access to or from Meridian Road has been approved for this location. Consequently, for this area to be used for parking, the access for the existing house must be used. If this area is approved for overflow parking, it shall be fully paved and landscaped; (13) Gravel parking areas shall not be permitted; (14) The Applicant shall provide five feet wide pedestrian walkways throughout the proposed project; (16) The Applicant shall coordinate dumpster location(s) with the City of Meridian's solid waste contractor, and revise plans to reflect any changes and the locations of such dumpsters; (17) The Applicant shall dedicate additional needed right-of-way on Meridian Road to the Ada County Highway District. The Applicant shall submit to the City of Meridian a copy of the recorded warranty deed or other evidence of the dedication of such right-of-way to the Ada County Highway FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. LEE CENTERS - CONDITIONAL USE PERMIT District prior Such dedication frontage of the to obtaining a of right-of-way existing house on building permit. must include the the property; (18) The Applicant shall provide handicap parking spaces and signage in accordance with the Americans with Disabilities Act; (19) The Applicant shall verify whether any of the proposed unite are to be handicap accessible; (20) The Applicant shall construct permanent perimeter fencing, six feet in height, prior to obtaining a building permit; (21) The Applicant shall provide security lighting for the parking lot per ordinance; and (22) All signage shall be approved by the Planning & Zoning Department. Temporary and A-frame signs will not be permitted and will be removed upon three days notice to the Applicant. d. The Applicant shall meet the comments, recommendations and requirements of the Meridian Police Department, the Meridian Fire Department and the Meridian Sewer Department. e. The Applicant shall meet the comments, recommendations and requirements of the Nampa S Meridian Irrigation District, which comments, recommendations and requirements include, but are not limited to, the following: (1) The Applicant shall file with the Nampa & Meridian Irrigation District a Land Use Change/Site Development application for review prior to final platting; (2) The Applicant shall protect all laterals and waste ways on and through the property; (3) The Applicant shall retain all municipal surface drainage on site, and, in the event any surface drainage leaves the property, the Applicant shall submit to the Nampa & Meridian Irrigation District for review drainage plans; and (4) The Applicant shall comply with Idaho Code Section 31-3805. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. LEE CENTERS - CONDITIONAL USE PERMIT f. The Applicant shall meet the comments, recommendations and requirements of the Central District Health Department, which comments, recommendations and requirements include, but are not limited to, the following: (1) After written approval from appropriate entities are submitted, it may approve the proposed project for central sewage and central water; (2) Runoff shall neither create a mosquito breeding problem, nor impact ground and/or surface water; and (3) The existing septic system on the property shall be abandoned. g. The Applicant shall meet the comments, recommendations and requirements of the Ada County Highway District, whether submitted or hereafter submitted. h. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements. 9. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 10. It is recommended that if the Applicant meets the conditions stated above, that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. LEE CENTERS - CONDITIONAL USE PERMIT APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP VOTED f COMMISSIONER MACCOY VOTED 1 COMMISSIONER ~~f7JP °" VOTED • %'f '~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. LEE CENTERS - CONDITIONAL USE PERMIT DECISION AND RECOMMENDATION The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking, paving and landscape requirements, and all ordinances of the City of Meridian. The conditional uae should be subject to review upon notice to the Applicant by the City. MOTION: APPROVE DISAPPROVED: ~I~l~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. LEE CENTERS - CONDITIONAL USE PERMIT BEFORE THE MERIDIAN PLANNING AND ZONING LEE CENTERS REZONE OF APPROXIMATELY ONE ACRE FROM R-15 TO R-40 305 S. MERIDIAN ROAD MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on August 12, 1997, at the hour of 7:00 o'clock p.m., the Applicant appearing through his representative, David Bailey of Pinnacle Engineers, Inc., hereinafter referred to as the "Representative," the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. A notice of a public hearing on the rezone application was published for two (2) consecutive weeks prior to said public hearing scheduled on August 12, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 12, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property contains approximately one acre and is located within the City of Meridian at 305 S. Meridian Road. The property is described in the application which description is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1. LEE CENTERS - REZONE incorporated herein. The Applicant is not the owner of record of the property. The record owners of the property are Robert E. and Evangelina Mayfield, and they have consented to the application for re-zone of the property. 3. The property is presently zoned (R-15) Medium High Density Residential District and the Applicant requests a rezone to (R-40) High Density Residential District. 4. Pursuant to the application, the property is presently used for a single family residence. The proposed use of the property is to construct an apartment building. The purpose of the requested rezone of the property is to allow the construction of 16 apartment units in three separate buildings. This proposed use results in 17 dwelling units on the property, which exceeds the allowed density under the present zoning of the property. 5. Further, pursuant to the application, the property is bound by existing apartment complexes on both the north and south sides. Consequently, the proposed project can be easily viewed as an "in-fill" type of project. Although the resulting density will be slightly higher than the adjacent multi-family parcels, the density essentially will be comparable to the neighboring apartment complexes. Existing utilities, sewer and water, are available on the lot to the south of the property, and can be easily extended to the property. Connection to the existing single family residence to the City's services in planned as part of the proposed project. 6. The Representative testified substantially as follows. The reason for the requested zoning amendment from R-15 to R-40 is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2. LEE CENTERS - REZONE to accommodate the construction of 16 unite (dwellings) on the property, which is approximately one acre in size. The present R- 15 zoning does not permit the necessary density required for the proposed project. There exists a single family residence on the property. With regard to the proposed project, the Applicant desires to construct three buildings two of which will have six units and the third will have four units. Access to the apartment complexes will be through the adjacent existing apartment complexes. The Applicant will provide sewer and water service to the property from this adjacent property with the apartment complexes. 7. The Representative further testified substantially as follows. With regard to City staff's comments, no drainage ditches exist on or across the property. The Applicant will abandon the existing septic system for the existing house on the property, and connect the house to the City's sewer system. The house is presently connected to the City's water system. The Applicant has spoken with the Meridian Fire Department concerning the location of fire hydrants, and there exists some concern about the water flow. to the fire hydrant from the 6 inch main. If needed, the Applicant can loop the water line back to Meridian Road to increase the water flow for fire protection. The Applicant will provide the easements for the sewer and water. Consistent with discussions between the City Engineer, Gary Smith, and Roger Smith of Pinnacle Engineers, concerning the utilities, the plan needs to be revised to depict the utilities. The plan will be revised to show five feet wide FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3. LEE CENTERS - REZONE sidewalks. In addition there will be provided a handicapped parking space in the proposed development. The Applicant has worked with the Ada County Highway District and determined what it needs in terms of right-of-way for access. With regard to item 9 of City staff's comments, the Ada County Highway District has stated that there is a loop driveway to the existing house; it wants a single access drive rather than two accesses. The Applicant will develop the property to provide the one access and does not intend to provide the area for overflow parking. If the Applicant did provide the area ae overflow parking, he would have to pave the area and provide additional landscaping. However, the Ada County Highway District has indicated that it would not object to the use of such area as overflow parking. A fence presently surrounds the north and west sides of the property. Hope Arms apartment complexes are to the west and north sides of the property. To the east and across Meridian Road is Meridian Lanes. And the Applicant's previous project is to the south of the property. 8. In response to questions of Commissioner MacCoy, the Representative testified substantially as follows. The access to the property is to be from the south, so that there exists plenty of room for the 20 feet set back along Meridian Road. The trash area is part of the plans for the development of the property, although such area is not depicted on the landscape plan submitted. He is uncertain as to what has been done to coordinate the trash removal with the City of Meridian's solid waste contractor. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4. LEE CENTERS - REZONE • ! existing fence along the property is a chain link fence six feet in height. There is not to be any signage for this particular project. The Applicant does not plan to provide canopy parking for vehicles. The buildings located south of the property are similar to the buildings to be constructed on the property. 9. In response to questions of Commissioner Borup, the Representative testified substantially as follows. The Representative does not know, off the top of his head, the zoning district of the property on which Hope Arms apartments are located. Chairman Johnson commented that property was zoned R-15. The overflow parking will not be part of this proposed project. As far as the 20 feet landscape set back along Meridian Road, there is no planned landscaping at this time. 10. Commissioner Borup commented that the landscaping of the Applicant's other project, the development of the property south of the subject property, is nice; that he believes the landscaping including the landscaping along Meridian Road needs to be addressed. In response, the Representative testified that the Applicant planned to maintain the existing landscaping in the area. 11. The Applicant, Lee Centers, testified substantially as follows. He does not know what the Ada County Highway District's plans are with regard to the frontage area of the property. The Ada County Highway District has indicated that it would not permit access to the proposed project from Meridian Road. Consequently, he will have to landscape the area when he applies for a building permit. There exists a cyclone metal fence surrounding the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5. LEE CENTERS - REZONE property. Towards the end of the project, to avoid damage during construction, he is going to replace that fence with a cedar fence six feet height around the property. The apartment buildings will have covered entry ways, and the stairs will be covered. The buildings are to be stucco. The landscaping of the property is to be similar to the property to the south, and he will landscape the area along Meridian Road after the Ada County Highway District determines what its plans are. 12. In response to questions of Commissioner Borup, Mr. Centers testified substantially as follows. With regard to the submitted plan and the fence depicted on it, that fence is the existing fence, which is not on the property line. If owner(s) of Hope Arms agrees, of which he is positive, he will replace that fence and locate it on the property line. 13. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, submitted comments which comments are incorporated herein as if set forth in full. Their comments included the following: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project; b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6. LEE CENTERS - REZONE c. The Applicant is to coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. Fire hydrant locations shall be depicted on the preliminary plat map; d. The City of Meridian owns and maintains an eight- inch diameter sanitary sewer main adjacent to the south of this proposed site. An eight-inch diameter main will need to be extended into the subject parcel. Appropriate easements to the City of Meridian will need to be dedicated over said main. Sewer main extension plans shall be reviewed during the plan review process. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this project; e. The City of Meridian owns and maintains a six-inch diameter water main adjacent to the south in Mr. Center's apartment complex. A six-inch diameter main will need to be extended north into the subject site. Appropriate easements to the City of Meridian will need to be dedicated over said main. At this time the Public Works Department is concerned about the capacity to serve this site for fire protection from the single six-inch main that was installed as part of Mr. Center's adjacent project. An additional main may be required to loop the main to Meridian Road. The necessity for this additional main will be determined from afire hydrant flow test on site during the plan review process; f. The Applicant is to revise the site plan to show all existing and proposed utilities; q. Assessment fees will be determined during the plan review process. The Applicant will be required to enter into a re-assessment agreement with the City of Meridian; h. As Meridian Road is designated as an entrance corridor in the Meridian Comprehensive Plan, a minimum 20-foot landscape setback beyond required right-of-way should be provided. Detailed landscape plans showing this planting strip will be reviewed during the building permit process; i. Although not shown on the site plan, the landscape plans shows that the area east of the proposed four-unit apartment is for overflow parking. No access to Meridian Road has been approved for this location. In order to be used for parking, the access for the existing house would FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7. LEE CENTERS - REZONE have to be used. If Council approves this area for overflow parking, it will need to be fully paved and landscaped. Gravel parking areas will not be permitted. Some additional landscaped space in this area would be desirable; j. The Applicant is to provide five-foot-wide pedestrian walkways throughout the project; k. The proposed trash area is shown as a planter on the landscape plan. The Applicant is to coordinate dumpster location with Meridian Sanitary Services and revise plans to reflect changes; 1. The Applicant is to dedicate additional needed right-of-way on Meridian Road to Ada County Highway District. The Applicant is to submit a copy of the recorded warranty deed prior to obtaining a building permit. The dedication needs to include the frontage of the existing house; m. The Applicant is to provide handicap parking spaces and signage in accordance with the Americans with Disabilities Act. The Applicant needs to verify if any of the proposed units are required to be handicap accessible; n. The Applicant is to construct permanent, six-foot- high perimeter fencing prior to obtaining building permit; o. The Applicant is to provide security lighting for the parking lot per ordinance; p. All signage is to be approved by the Planning & Zoning Department. Temporary and A-frame signs will not be permitted and will be removed upon three days notice to the Applicant; and q. Council may require a development agreement as a condition of the rezone, but details could be part of the annexation ordinance and the approved conditional use. If the R-40 zone is granted, density should be limited to a maximum of 20 units as has been conditioned upon other properties zoned R-40. The proposed site plan would result in a density of 18.9 units per acre. 14. The Meridian Police Department, the Meridian Fire Department and the Meridian Sewer Department submitted comments on FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8. LEE CENTERS - REZONE the subject application, which respective comments are hereby incorporated herein as if set forth in full. 15. The Nampa & Meridian Irrigation District submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included the following: a. The Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting; b. All laterals and waste ways must be protected; c. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans; d. The developer must comply with Idaho Code Section 31-3805; and e. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 16. The Central District Health Department submitted comments on the subject application, which comments are hereby incorporated herein as if set forth in full. Its comments included that after written approval from appropriate entities are submitted, it can approve the proposal for central sewage and central water; that runoff is not to create a mosquito breeding problem, or impact ground and/or surface water; and that the existing septic system is to be abandoned according to the rules and regulations governing sewage systems. 17. The Ada County Highway District has or may hereafter submit comments, and such comments whether presently submitted or FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9. LEE CENTERS - REZONE hereafter submitted are hereby specifically incorporated herein as if set forth in full. 18. There were no other comments by the public regarding this application. CONCLUSIONS OF LAi~f 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 3. This Application for a zoning amendment has been judged upon the basis of guidelines contained in Section 11-2-416 of the Zoning And Development Ordinance of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 4. Section 11-2-416 A states in part as follows: When the public necessity, convenience, general welfare or zoning and development practice require, the Council may amend, supplement, change, or repeal the regulations, restrictions, and boundaries or classifications of property as well as the regulations and provisions of this Ordinance. 5. Section 11-2-416 K of the Zoning And Development Ordinance of the City of Meridian sets forth standards under which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10. LEE CENTERS - REZONE the City shall review applications for zoning amendments. Upon a review of those requirements and a review of the facts presented and conditions of the area, it is specifically concluded as follows: (a) The (R-40) High Density Residential District zoning would be harmonious with and in accordance with the Comprehensive Plan; (b) The property, if designed and used as allowed in the (R- 40) High Density Residential District, would be developed in a fashion allowed under the proposed new zoning; (c) The property, if designed and used as allowed in the (R- 40) High Density Residential District, would be designed and constructed to be harmonious with the surrounding area, which is developed in the fashion of the (R-15) Medium High Density Residential District; (d) The (R-40) High Density Residential District use would not be hazardous to the existing or future uses of the surrounding neighborhood; (e) A (R-40) High Density Residential District development would not create excessive additional requirements at public cost for public facilities and services, and would not be detrimental to the economic welfare of the community; (f) The property, if designed and used as allowed in the (R- 40) High Density Residential District, would not involve uses, activities, processes, materials, equipment or conditions of operation which would be detrimental to any person, property or the general welfare of the area; (g) The property, if designed and used as allowed in the (R- 40) High Density Residential District, could be designed and constructed to provide vehicular approaches to the property which would be designed to decrease interference with traffic on surrounding public streets; (h) A rezone would not result in the destruction, loss or damage of any natural or scenic feature of major importance; and (i) The proposed zoning amendment would be in the best interest of City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11. LEE CENTERS - REZONE ~ ! 6. The City of Meridian has authority to place conditions upon the grant of a zoning amendment. 7. It is concluded that the City could rezone the property to the (R-40) High Density Residential District, but once the property was rezoned to the (R-40) High Density Residential District the Applicant could place many different uses on the property without additional approval from the City other than building permits, which limits the control that the City should have over the development and the uses of the property. Because the City should have control over any uses that are to be placed on the land, it is, therefore, concluded, as a condition of rezoning, that any use or development of the property shall only be allowed under the conditional use process. 8. It is concluded that the property should be rezoned to the (R-40) High Density Residential District, but only capable of being developed under the conditional use permit process. 9. As a condition of the rezoning of the property to the (R- 40) High Density Residential District, the Applicant shall be required to enter into a development agreement as authorized by 11- 2-416 L; that the development agreement shall address the comments of the Assistant to the City Engineer, the Planning and Zoning Administrator, the sewer and water requirements, and any other items deemed necessary by the City staff, including, but not limited to, design review of all development, and conditional use processing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12. LEE CENTERS - REZONE 10. As the Representative testified substantially as follows: that, with regard to the proposed project, the Applicant desires to construct three buildings two of which will have six units and the third will have four units for a total of 16 dwelling units plus the existing single family residence exists, which will continue to exist on the property, it is further concluded, as a condition of the grant of the zoning amendment, that the density of the development of this property should be restricted to a maximum of 20 dwelling units, which is consistent with the conditions placed upon other properties zoned R-40. It is further concluded that such restriction does not unduly restrict the Applicant's development of the property because the site plan presented by the Applicant results in a density of 18.9 units per acre. 11. It is further concluded that the Applicant must meet and comply with the comments, recommendations and requirements of Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator. Their comments, recommendations and requirements include, but are not limited to, the following: (a) Any existing irrigation or drainage ditches crossing the property, to be included in this project, shall be tiled pursuant to Section 11-9-605 M. The Applicant shall submit plans for such tiling to the appropriate irrigation or drainage district, or lateral users association for approval, with written confirmation of said approval submitted to the Public Works Department; (b) Any existing domestic wells and/or septic systems within this project shall be removed from their domestic service per City of Meridian Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13. LEE CENTERS - REZONE (c) The Applicant shall coordinate the location of fire hydrant(s) with the City of Meridian's Water Works Superintendent. Fire hydrant locations shall be depicted on the preliminary plat map; (d) As the City of Meridian owns and maintains an eight-inch diameter sanitary sewer main adjacent to the south of the property, the Applicant must extend an eight-inch diameter main into the subject parcel. Appropriate easements will need to be dedicated to the City of Meridian for said main; (e) The Applicant shall submit sewer main extension plans to the City of Meridian for review during the plan review process; (f) As the treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated, approval of this application is contingent upon the City of Meridian's ability to accept the additional sanitary sewage generated by this proposed project; (g) As the City of Meridian owns and maintains a six-inch diameter water main adjacent to the south of the property, a six-inch diameter main must be extended north into the property. The Applicant shall dedicate appropriate easements to the City of Meridian for said main; (h) As the Public Works Department is presently concerned about the capacity to serve the property with fire protection from the single six-inch main that was installed as part of project on the southern adjacent property, the City of Meridian may require, in its discretion, an additional main to loop to the main in Meridian Road. The necessity for this additional main will be determined by the City of Meridian from a fire hydrant flow test on site during the plan review process; (i) The Applicant shall revise the site plan to show all existing and proposed utilities; (j) Assessment fees will be determined during the plan review process. The Applicant shall enter into an Assessment Agreement with the City of Meridian; (k) As Meridian Road is a designated entrance corridor in the Meridian Comprehensive Plan, a minimum 20-foot landscape setback beyond required right-of-way shall be provided. The Applicant shall submit detailed landscape plans FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14. LEE CENTERS - REZONE showing the planting strip along Meridian Road, which will be reviewed during the building permit process; (1) Although not shown on the site plan, the landscape plans presented depict that the area east of the proposed four- unit apartment is for overflow parking. No access to or from Meridian Road has been approved for this location. Consequently, for this area to be used for parking, the access for the existing house moat be used. If this area is approved for overflow parking, it shall be fully paved and landscaped; (m) Gravel parking areas shall not be permitted; (n) The Applicant shall provide five feet wide pedestrian walkways throughout the proposed project; (o) The Applicant shall coordinate dumpster location(s) with the City of Meridian's solid waste contractor, and revise plans to reflect any changes and the locations of such dumpsters; (p) The Applicant shall dedicate additional needed right-of- way on Meridian Road to the Ada County Highway District. The Applicant shall submit a copy of the recorded warranty deed or other evidence of the dedication of such right-of-way to the Ada County Highway District prior to obtaining a building permit. Such dedication of right- of-way must include the frontage of the existing house on the property; (q) The Applicant shall provide handicap parking spaces and signage in accordance with the Americans with Disabilities Act; (r) The Applicant shall verify whether any of the proposed units are to be handicap accessible; (s) The Applicant shall construct permanent perimeter fencing, six feet in height, prior to obtaining a building permit; (t) The Applicant shall provide security lighting for the parking lot per ordinance; and (u) All signage shall be approved by the Planning & Zoning Department. Temporary and A-frame signs will not be permitted and will be removed upon three days notice to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15. LEE CENTERS - REZONE 12. It is further concluded that, as a condition of the grant of the zoning amendment, the Applicant must meet and comply with the comments, recommendations and requirements of the Meridian Police Department, the Meridian Fire Department and the Meridian Sewer Department. 13. It is further concluded that, as a condition of the grant of the zoning amendment, the Applicant must meet and comply with the comments, recommendations and requirements of the Nampa & Meridian Irrigation District, which comments, recommendations and requirements include, but are not limited to, the following: (a) The Applicant shall file with the Nampa 6 Meridian Irrigation District a Land Use Change/Site Development application for review prior to final platting; (b) The Applicant shall protect all laterals and waste ways on and through the property; (c) The Applicant shall retain all municipal surface drainage on site, and, in the event any surface drainage leaves the property, the Applicant shall submit to the Nampa & Meridian Irrigation District for review drainage plans; and (d) The Applicant shall comply with Idaho Code Section 31- 3805. 14. It is further concluded that, as a condition of the grant of the zoning amendment, the Applicant must meet and comply with the comments, recommendations and requirements of the Central District Health Department, which comments, recommendations and requirements include, but are not limited to, the following: (a) After written approval from appropriate entities are submitted, it may approve the proposed project for central sewage and central water; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16. LEE CENTERS - REZONE (b) Runoff shall neither create a mosquito breeding problem, nor impact ground and/or surface water; and (c) The existing septic system on the property shall be abandoned. 15. It is further concluded that, as a condition of the grant of the zoning amendment, the Applicant must meet and comply with the comments, recommendations and requirements of the Ada County Highway District, whether submitted or hereafter submitted. 16. It is concluded that the above-conditions are reasonable conditions of the grant of the zoning amendment, and these conditions shall run with the land and bind the Applicant and his successors in interest, assigns, heirs, executors or personal representatives. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL BORUP VOTED COMMISSIONER MACCOY VOTED COMMISSIONERyl~}I'~S L~_ VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED ~Ifl~~ V" FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17. LEE CENTERS - REZONE DECISION AND The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council of the City of Meridian for the zoning amendment requested under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement, and that the property only be developed under the conditional use process; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and is not agreeable with entering into a development agreement and developing the property only under the conditional use permit process, the application for the zoning amendment should be denied. MOTION: APPROVED DISAPPROVED: ~~~/~ -~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18. LEE CENTERS - REZONE