1997 08-12C~
•
MERIDIAN PLANNING & ZONING COMMISSION
AGENDA
TUESDAY, AUGUST 12, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD JULY $, 1997:
(APPROVED)
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A
CONDITIONAL USE PERMIT FOR AMULTI-TENANT RETAIL CENTER BY
ROGER MICHENER - 519 E. FAIRVIEW AVENUE: (APPROVED FINDINGS;
PASS RECOMMENDATION ONTO CITY COUNCIL}
2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A
CONDITIONAL USE PERMIT FOR GENERAL RETAIL PURPOSES BY KZ
HOLDINGS LLC - SE CORNER OF LOCUST GROVE AND FAIRVIEW
AVENUE: (APPROVE FINDINGS; PASS RECOMMENDATION ONTO CITY
COUNCIL)
3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE FROM
R-4 TO L-0 BY CHERRY LANE BAPTIST CHURCH - 2150 W. CHERRY
LANE: (APPROVE FINDINGS; PASS RECOMMENDATION ONTO CITY
COUNCIL)
4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REQUEST FOR
AN ACCESSORY USE PERMIT FOR A FAMILY HOME DAY CARE BY B. GAIL
CARRITHERS - 1060 TAMMY PLACE: (APPROVED FINDINGS; APPROVED
DECISION)
5. PUBLIC HEARING CONTINUED FROM JULY 8, 7997: REQUEST FOR A
CONDITIONAL USE PERMIT FOR VANGUARD MILITARY ACADEMY
CAMPUS BY VANGUARD MILITARY ACADEMY: (CITY ATTORNEY TO
PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW)
6. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
COVERED, DRIVE-UP ATM AT MERIDIAN FIRST SECURITY BANK SITE BY
FIRST SECURITY SERVICE CO. - BRYCE REYNOLDS: (CITY ATTORNEY
TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW)
7. PUBLIC HEARING: REQUEST FOR A CHILD CARE/PRESCHOOL FOR 8 TO
10 CHILDREN BY NIA LOFTON - 2261 E. KATELYN: (CITY ATTORNEY TO
PREPARE FINDINGS OF FACT AND CONCLUSIONS OF LAW)
8. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
USED CAR AND TRUCK SALES BY CENTENNIAL MOTORS - 225 W.
FRANKLIN ROAD: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND
CONCLUSIONS OF LAW)
9. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING 35.69
ACRES TO R-4 FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND
CO. -BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE: (CITY
ATTORNEY TO PREPARE FINDINGS OF FACT AND CONCLUSIONS OF
LAW)
10. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR
TURNBERRY SUBDIVISION 134 LOTS BY BENCHMARK LAND CO. -BLACK
CAT ROAD BETWEEN USTICK AND CHERRY LANE: (TABLED UNTIL
SEPTEMBER 9, 9987)
11. PUBLIC HEARING: REQUEST FOR A REZONE FROM R-15 TO R-40 BY
LEE CENTERS -WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE
BOWLING ALLEY: (CITY ATTORNEY TO PREPARE FINDINGS OF FACT AND
CONCLUSIONS OF LAW)
12. PUBLIC HEARING: REQUEST 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: (CITY ATTORNEY TO PREPARE
FINDINGS OF FACT AND CONCLUSIONS OF LAW)
13. REQUEST FOR A VACATION OF GENTRY WAY IN AMENDED MAGIC VIEW
SUBDIVISION AND PUBLIC UTILITIES, DRAINAGE AND IRRIGATION
EASEMENTS BY DICK MESSERSMITH - PUBLIC RIGHT OF WAY
ADJACENT TO LOTS 12 AND 13: (RECOMMEND TO CITY COUNCIL TO
GRANT VACATION REQUEST)
MERIDIAN PLANNING & ZONING COMMISSION AUGUST 12. 1997
The regular meeting of the Meridian Planning and Zoning Commission was called to
order by Chairman Jim Johnson at 7:00 P.M.:
MEMBERS PRESENT: Keith Borup, Malcolm MacCoy:
MEMBERS ABSENT: Byron Smith, Ron Manning:
OTHERS PRESENT: Will Berg, John Fitzgerald, Jr., Gary Smith, Shari Stiles, Sam &
Lanae Fishel, Jan & Don Cheever, Greg Tolson, Sue Peckham, Van Elg, John Knight,
Tyia Lofton, Dave Bailey, Lee Centers, Keith Jacobs:
MINUTES OF PREVIOUS MEETING HELD JULY 8, 1997:
Johnson: Are there any corrections, additions or deletions to these minutes as
prepared? Entertain a motion for approval.
MacCoy: Mr. Chairman, I make a motion that we approve the meeting minutes for July
8.
Borup:Second
Johnson: It is moved and seconded we approve the minutes of the July 8 meeting as
prepared, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A
CONDITIONAL USE PERMIT FOR AMULTI-TENANT RETAIL CENTER BY ROGER
MICHENER - 519 E. FAIRVIEW AVENUE:
Johnson: Is there any discussion, any comments regarding the findings of fact and
conclusions of law as prepared by our City Attorney?
MacCoy: I have a couple of things I would like to ask. I had made a heavy point of the
handicapped parking being set up so they had an island for both the vehices that were
to be parked in front of the place. It is recorded in the July 8 minutes. I noticed when I
went through the map or plan here it was not shown that way. What is our avenue of
getting that correct?
Johnson: Well your avenue is to amend the findings of facts as prepared or call for new
findings of fact or whatever.
MacCoy: Well let's see if we, I would like to amend the findings of fact to show that we
requested islands for both vehicles that way he has to come up with that.
Meridian Planning & Zo~g Commission •
August 12, 1997
Page 2
Johnson: Any further comment?
MacCoy: I asked a question and so did Byron about the loading area and the curbing
thereof and I didn't see any in the material nor the plan they submitted to us.
Johnson: Was there a response in the minutes to your question?
MacCoy: That we should have curbing?
Johnson: Was there a response to your question in the meeting with respect to your
question?
MacCoy: Yes he said that whoever was the spokesman at that time made the commenk
that they were going to revisit the loading area and yes he thought it was a good idea
they have a~rbing both protecting the loading dock as well as his building.
Johnson: So would you like to incorporate that testimony into the findings of fact?
MacCoy: 1 would do so yes.
Johnson: Anything else? It would be appropriate for you to make the motion Malcolm.
MacCoy: Mr. Chairman I make a motion that we accept the findings of fact and
conclusions of law with the amendments so stated.
Borup: Second
Johnson: We have a motion and a second to amend the findings of fact and conclusions
of law to incorporate the two comments made by Commissioner Malcolm, roll call vote.
ROLL CALL VOTE: Borup -Yea, Manning -Absent, MacCoy -Yea, Smith -Absent,
Johnson -Yea
MOTION CARRIED: All Yea
Johnson: Is there a decision or recommendation you wish to pass on to the Gity
Council?
Borup: Mr. Chairman, the Planing 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 amended 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, unrform fire code,
Meridian Planning & Zo~g Commission •
August 12, 1997
Page 3
parking, paving, and landscape requirements and all ordinances of the City of Meridian.
The conditional use should be subject to review upon notice to the applicant by the City.
MacCoy: Second
Johnson: Moved and seconded to pass the recommendation onto the City Council as
read by Commissioner Borup, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A
CONDITIONAL USE PERMIT FOR GENERAL RETAIL PURPOSES BY KZ HOLDINGS
LLC - SE CORNER OF LOCUST GROVE AND FAIRVIEW AVENUE:
Johnson: Any comments regarding these findings of fact and conclusions of law as
prepared? Entertain a motion for approval.
Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of
Meridian hereby adopts and approves these findings of fact and conclusions of law.
MacCoy: Second
Johnson: Moved and seconded we approve the findings as prepared, roll call vote.
ROLL CALL VOTE: Borup -Yea, Manning -Absent, MacCoy -Yea, Smith -Absent,
Johnson -Yea
MOTION CARRIED: All Yea
Johnson: is there a decision and recommendation for the City Council?
MacCoy: Mr. Chairman, the Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that it approve the conditional use permit
requested by the applicant for the property described in the application with the
conditions. set forth in the findings of fact and conclusions of law or similar conditions as
found justified and appropriate by the City Council and that the property be required to
meet the water and sewer requirements, the fire and life safety code, Uniform Fire
Code, parking, 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. The applicant if determined by the City Staff if necessary shall enter into an
addendum to the development agreement entered into by the City and D & B Supply
Inc. which was entered into as a result of the annexation of the property into the City,
~~
Borup: Second
Meridian Planning & Zo~g Commission •
August 12, 1997
Page 4
Johnson: Moved and seconded we pass that recommendation onto the City Council as
stated by Commissioner MacCoy, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE
FROM R-4 TO L-O BY CHERRY LANE BAPTIST CHURCH - 2150 W. CHERRY
LANE:
Johnson: Do either of the commissioners have any comments regarding these findings
of fact as prepared by our City Attorney? Entertain a motion for approval please.
Borup: Mr. Chairman, I move the Planning and Zoning Commission of the City of
Meridian hereby adopt and approves these findings of fact and conclusions of law.
MacCoy: Second
Johnson: A motion and a second to approve the findings of fact and conclusions of law,
roll call vote.
ROLL CALL VOTE: Borup -Yea, Manning -Absent, MacCoy -Yea, Smith -Absent,
Johnson -Yea
MOTION CARRIED: All Yea
Johnson: Is there a recommendation for the City Council?
MacCoy: Mr. Chairman, the Planning and Zoning Commission hereby recommends
that the property set forth in the application by approved by the City Council with the
zoning amendment requested and the other conditions set forth in these findings of fact
and conclusions of law. Including that the property only be developed under the
conditional use permit process. That either the ordinance rezoning the property not be
approved by the City Council until the previously required improvements of the property
have been completed by the applicant and the applicant obtains a proper certificate of
occupancy for the building and the property. Or that the grant of this application be
conditioned upon the applicant complying with meeting the previously required
improvements to the property and the applicant obtain a certificate of occupancy for the
building on the property. If the applicant fails to comply with and meet the previously
required improvements to the property and or fails to obtain a certificate of occupancy
for the building on the application for rezoning of the property pursuant to this
application be denied that the previously existing zone of R-4 low density residential
district be maintained. That if the applicant is not agreeable with these findings of fact
and conclusions of law and is not agreeable that the property only be developed under
the conditional use permit and the conditions imposed here under the application for the
zoning amendment should be denied.
Meridian Planning & Zo~g Commission •
August 12, 1997
Page 5
Borup: Second
Johnson: Moved and seconded we pass the recommendation on as prepared in the
findings of fact and conclusions of law by the City Attorney, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR
AN ACCESSORY USE PERMIT FOR A FAMILY HOME DAY CARE BY B. GAIL
CARRITHERS -1060 TAMMY PLACE:
Johnson: Is there any discussion, does anyone have any comments regarding 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 contusions of law.
Borup: Second
Johnson: Moved and seconded we approve the findings as prepared, roll call vote.
ROLL CALL VOTE: Borup -Yea, Manning -Absent, MacCoy -Yea, Smith -Yea,
Johnson -Yea
Johnson: Recommendation to the City?
Borup: Mr. Chairman, I move the Planning and Zoning Commission hereby decides and
hereby approves this accessory 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 12 of the contusions of law
that the property be required to meet the water and sewer requirements, the fire and life
safety codes and the uniform building codes and other ordinances of the City of
Meridian. The accessory use shall be subject to annual review by the City upon notice
to the applicant.
MacCoy: Second
Johnson: Motion and a second to approve the Accessory Use permit, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Meridian Planning & Zo~g Commission •
August 12, 1997
Page 6
ITEM #5: PUBLIC HEARING CONTINUED FROM JULY 8, 1997: REQUEST FOR A
CONDITIONAL USE PERMIT FOR VANGUARD MILITARY ACADEMY CAMPUS BY
VANGUARD MILITARY ACADEMY:
Johnson: At this time 1 will open the public hearing, is there anyone here that came here
for this issue tonight? Seeing no one I will close the public hearing at this time. And
ask the Commissioners what you would like to do?
Borup: Mr. Chairman, my understanding is that they no longer have an option on the
property and no response to phone calls and probably are not interested in pursuing
that. I propose that we prepare findings of fact and contusions of law and try to
expedite this off our schedule.
MacCoy: I agree on that basis we did not receive any material back from the previous
one which we requested it. So I also agree.
Johnson: Is you agreement a second?
MacCoy: Second
Johnson: We have a motion and a second then to have findings of fact and contusions
of law prepared on item #5, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #6: PUBLIC HEARING: REQUEST 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: At this time I will open the public hearing and invite the applicant or the
applicant's representative to address the Commission.
Greg Toolson, 1212 12~h Avenue South, Nampa, was sworn by the City Attorney.
Toolson: Mr. Chairman and members of the Commission, what we are proposing here
is a convenience for First Security Bank. We are proposing a drive through ATM
automatic teller machine. This automatic teller machine will be located out in the
existing parking lot area. It will comprise of one island, it is approximately 12 feet long,
3.5 feet wide with the ATM machine on it. With a real simple cover that covers the
machine and the vehite that would be using it at the time. This canopy would be
compatible with the architecture that is already there. It is our belief that the circulation
in the parking lot will not be disturbed. We will be taking out approximately 6 parking
spaces that ordinarily aren't used but we still exceed the requirements for the parking
for the bank site. So essentially what we are providing to the community is a service.
Meridian Planning & Zo~g Commission
August t2, 1997
Page. 7
Johnson: Thank you very much, any questions from the commissioners to Mr. Toolson?
MacCoy: 1 do, on your layout that you sent to us here you show two handicapped slots,
one next to the bank which is existing and one which is out in the island. Which I guess
is being (inaudible) by part of this ATM arrangement here.
Toolson: The handicapped parking is existing as it is, so we are not changing that. Both
spaces are existing.
MacCoy: t realize that, what I am trying to come across is you are telling me this already
exists the way it is, and you don't plan to change that?
Toolson: We didn't intend to.
MacCoy: I just want to make a recommendation to you since you are not moving or
making changes to parking slots that one of the things that has taken place here they
should have put both handicapped next to the building because what you have done
you have put one handicapped in jeopardy with the cross traffic. That is a thing you
cannot do, so if you were to re-stripe it to take care of putting both handicapped next fo
the bank and taking the present handicapped and marking it for car parking you would
meet that requirement. I personally don't care for the type that wee end up putting a
handicapped person into a position where they actually have to cross traffic in order to
get to the bank. I can appreciate that and like I said it is an existing condition, we are
willing to re-stripe it.
Toolson: I can appreciate that, like I said it is an existing condition but we are willing to
re-stripe it.
MacCoy: Okay, really take that into consideration. That is the only thing I had.
Borup: You said you analyzed the circulation in the parking lot and you didn't feel it
would affect the existing circulation.
Toolson: We don't believe so no.
Borup: To access the ATM coming from the south it looks like you need to go down the
parking area next to the bank and then back a sharp left hand turn into, is that how you
visualize the circulation into it?
Toolson: That is correct, the access into the ATM lane will be coming from the north.
Borup: It looks like you do have a wide turning area there so that it doesn't (inaudible).
Then would it be reasonable to say probably anyone coming from the teller, the drive
through teller machines are probably not going over to the teller machine you don't
Meridian Planning & Zog Commission •
August 12, 1997
Page 8
visualize that would be cross traffic at that north entrance to get over to the ATM
machine?
Toolson: I don't know, it may be used after they go through the drive through lane but
that circulation is existing again. It is (inaudible)
Borup: (inaudible) I v~uld think that once somebody has gone through the drive through
that Hrould probably not be a problem. I have no further questions.
Johnson: Thank you, anyone else from the public that would like to address the
Commission at this time on this application? Seeing no one then I will close the public
hearing at this time. This is a request for a conditional use permit it would require
findings of fact being prepared, I will entertain a motion.
Borup: Mr. Chairman, 1 move we have the City Attomey prepare findings of fact and
conclusions of law on this application.
MacCoy: Second
Johnson: Moved and seconded we have the City Attomey prepare findings of fact and
conclusions of law, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #7: PUBLIC HEARING: REQUEST FOR A CHILD CARE/ PRESCHOOL FOR 8
TO 10 CHILDREN BY TYIA LOFTON - 2261 E. KATELYN:
Johnson: At this time I will would as that the applicant or the applicant's representative
come forward and be sworn.
Tyia Lynn Lofton, 2261 E. Katelyn, Meridian, was sworn by the City Attorney
Johnson: So basically you just tell us what you want to do and then we ask you
questions.
Lofton: I plan to, I would like to set up a preschool for maximum of 8 children. It says 8
to 10 here but I don't want any more than 8. I have two of my own so on any given day
I don't want anymore than 8 children in the home. I would like 3 full timers and 2 part
timers. It will be preschool set up, I have an entire big huge family room that 1 plan to
use. 1 just plan to use the bottom part of my house, the top level will not be used. My
hours will be 5:30 to 6:00 at night, Monday through Friday. That is it.
Johnson: I apologize for mispronouncing your name, but it is a new one for me. Any
questions for Tyia?
Meridian Planning & Zorlfng Commission •
August 12, 1997
Page 9
Borup: You said 6 employees 3 full time, 2 part time?
Lofton: No 6 children, 3 full time and 3 part time.
Borup: Any employees?
Lofton: No just me.
Borup: So at this point do you have any ideas on ages of children?
Lofton: Zero to five.
Johnson: Have you read the recommendations from the staff?
Lofton: No I have not.
Johnson: You don't have this letter dated August 1~?
Lofton: No it has not been given to me, I haven't received anything in the mail anyway.
Johnson: Well you need to get a copy of it because there are several conditions in
there, 16 in fact in the letter prepared by Bruce Freckleton and Shari Stiles our City
Engineer assistant and P 8~ Z Administrator. There are some requirements on your
part, one of the things that is in there is a question, item 13 is what are your proposed
hours of operation.
Lofton: 5:30 a.m. to 6:00 p.m.
Johnson: Here is a copy for you of that letter and I am surprised you don't have it
because it went out quite a while ago. Anyway you need to familiarize yourself with
those and I didn't mean to interrupt Commissioner Borup, were you finished?
Borup: That was my next question was if she had any comments on the staff comments.
Have you been doing preschool, child care previously to this?
Lofton: 1 have worked at a child care facility here in Meridian.
Borup: Has that been your experience that they start arriving at 5:30?
Lofton: No, 1 just have a ftiend that I have been watching part time and she knew a
couple of other people that were interested and I said I would love to but I need to get a
permit.
Borup: Well I just wonder if you really think they are going to be coming at 5:30
Meridian Planning & Zog Commission •
August 12, 1997
Page 10
Lofton: Yes I do have several that are interested believe it or not.
Borup: At that time, so they have some early shifts they are going to.
MacCoy: Chairman Johnson asked the same question about this piece of literature that
you received here. I want to kind of spin off of that here because I would like to ask you
a couple extra questions that go with this. Do you have any open areas in the back of
your place that like a swimming pool or ditch or anything like a well?
Lofton: No I do not.
MacCoy: Your place is fenced already?
Lofton: Six feet all the way around.
MacCoy: What kind of fence is that, is it a wood fence?
Lofton: Yes
MacCoy: Does it have a lockable gate on it for a pad lock?
Lofton: Yes it does
MacCoy: Because kids are pretty good about finding ways to get out. Is your home a
two story home?
Lofton: It is a two story, I will have a gate at the bottom of the stairway blocking it off
because the upstairs will not be used.
MacCoy: The Fire Marshall will want to discuss that with you. I have another question
here, where was I, you don't plan on taking care of any handicapped children?
Lofton: No I do not. It has not arisen and I probably do not have the training to do so.
MacCoy: What about parking?
Lofton: Well I have a three car garage so there is the three spaces in my garage spot
and there is easy three spaces in front of the house.
MacCoy: You mean on the apron that goes into the garage?
Lofton: Yes
MacCoy: What about your neighbors have you talked to them about this?
Meridian Planning 8~ ZoTng Commission •
August 12, 1997
Page 11
Lofton: I have talked to most of my neighbors and they are all in favor. I have had them
calf Dan Wood the developer. They haven't come to me with any problems yet anyway.
I have talked to them very personal. I am really good friends with most of them so 1
asked them before I even started doing this if there was any problem with it.
MacCoy: Does your home in a neighborhood that has a homeowners association?
Lofton: Yes it is
MacCoy: And you will have a set of documents that govern your living conditions in that
area. Have you read those?
Lofton: Yes I did and there was a question there because is did say something about a
home business and I did talk to Dan Wood about is and he didn't seem to worry about it
if no one complained.
MacCoy: But you didn't receive a letter or anything from him or from anybody in your
homeowners that has authority that is going to allow you to do this so you don't have
future problems on this?
Lofton: Deciding on what was going to happen tonight I would probably call Dan Wood
and get, because he is the developer he is the main person that is responsible for this
and I was probably going to get something from him. He didn't seem to be too worried
about it. So yes I could get something signed.
MacCoy: Well we have a problem with that because we can just do so much by the law
but your homeowners association material takes precedent over our thoughts here. I
have been over there at your place or around that area and (inaudible) it is not a
through street it is a, what would you call it?
Lofton: It goes all the way around
MacCoy: It goes all the way around but you can't just get in the car and just drive
straight on through {inaudible)
Lofton: No
MacCoy: You have no problem with that then, there is no traffic in other words accept
people that live there?
Lofton: Yes, there is no big traffic or anything there.
MacCoy: I wondered, 1 didn't sit there and watch the traffic but I wondered what kind of
traffic you did have in an area like that.
Meridian Planning & Zog Commission •
August 12, 1997
Page 12
Lofton: Just the normal neighborhood traffic, teenagers stuff like that, no major traffic. I
think that pretty well answers my questions.
Johnson: Do you know Mike and Marie Levers?
Lofton: No I do not, I think that is the only people who had a
Johnson: Do you have a copy of the letter there that they wrote to the City Council?
Lofton: Let me look here, 1 think they live way down the street on the corner.
Johnson: This is a letter in opposition and one of their reasons stated as Commissioner
MacCoy referred to they interpret your CC&R's your covenants to be in opposition to
your application. They don't agree with the 5:30 a.m. time they think that is too early.
They see it as a hazard, they say your street is not a through street they think it is too
many children and they worry about home values being affected. So have you had any
discussions with these people at all.
Lofton: They have not contacted me no.
Johnson: Have you contacted them?
Lofton: No I have not, I contacted Dan Wood and he did say that they did contact him.
He, last of my knowledge when he talked to them they were not opposed at that
particular time.
Johnson: Well they took the time to write this letter. How far away are they from you?
Lofton: I believe they are down the street at the very corner, across the street like 6
houses down, the very comer.
Johnson: Their address is 2150, what is your address?
Lofton: 2261, I know they are not an immediate neighbor because I have talked to all of
my immediate neighbors. 1 know five of them across the street so they have to be on
the far end.
MacCoy: When you say immediate neighbors that is the ones on both sides of you and
back of you.
Lofton: My immediate neighbors that I have talked to, two on each side of me, two on
the same street and then I have talked to four across the street.
MacCoy: I was concerned when they wrote this letter they said safety to the children
and I was that is the reason I parked over in your area because I was trying to figure out
Meridian Planning & Zog Commission
August 12, 1997
Page 13
what kind of traffic system do you have because it is a loop situation and I couldn't see
where you would have anybody speeding through your area.
Lofton: There is nobody that speeds I think v~ have a couple of teenagers but 1 mean I
really don't know. I don't see a lot of kids except for around the corner playing in the
street or anything like that. I really don't, my kids don't play in the street, so I don't know
the problem with the children. It is a 20 speed limit zone. I don't know and most people
that are going to be coming to pick up their children are going to be, they are parents of
children so the safety of other children I would think be in their mind too. I know as a
parent when 1 am driving through a neighborhood that is the first thing I think of as a
parent is the safety of children that are in the street or by the street.
MacCoy: Do you have a watch system in your neighborhood to take care of children?
Lofton: Not that I am aware of no.
MacCoy: Because they mention in this letter to do with strangers in your area and that is
a valid concern I think.
Lofton: Not that I know we don't, if we did I would probably be on it.
Borup: Maybe just a comment that I think was alluded to that you understood that no
matter which action either way the City takes it has no bearing on your subdivision
covenants. That would be separate.
Lofton: I know 1 would have to go through Dan Wood.
Borup: That is something the City does not have any jurisdiction over either way.
Lofton: I know I have to go through Dan.
Johnson: When you say you have to go through Dan is your subdivision not built out is
he still have the (inaudible) Dan doesn't have anything to do with it if it is in the hands of
the Homeowners Association, do you have a homeowners association?
Lofton: No we don't, we don't have, we don't pay monthly or anything.
Johnson: I don't mean that but do you have a homeowners association, once the
development a subdivision is built out and it becomes the responsibility of the
homeowners association to enforce the covenants and the developer backs out at that
point.
Lofton: 1 think he is part of that homeowners association because when t talked to him
he said that he would be the one that answers all of the complaints. I have never
Meridian Planning & Zon~g Commission •
August 12, 1997
Page 14
personally gotten anything in the mail saying your homeowners association these are
the people that are the head of it or anything.
Johnson: But you have a copy of your covenants right?
Lofton: Yes I do
Johnson: Dces it make reference to a homeowners association in your covenants?
Lofton: Probably, I haven't looked at it for that particular reason.
Johnson: Dces anyone else have any questions of the applicant?
Fitzgerald: I have just a couple, do you have any open water on your property such as
ditches or swimming pools?
Lofton: No I do not
Fitzgerald: And just so the record is clear you have three children or your own
Lofton: Two
Fitzgerald: Two and then you will have six additional children?
Lofton: Three to six depending on the day yes.
Fitzgerald: Thank you
Johnson: Thank you very much we may ask you to come back. Is there anyone else
that would like to address the Commission on this application? Is there any further
discussion among the Commissioners, if not I will Gose the public hearing.
Borup: Just a little concern that the applicant has had a chance to read staff comments.
And is there a way to give her time to do that tonight to see if there is any comment she
may have pertaining to that? Is it that critical?
Johnson: It is a matter of interpretation how critical something is. I imagine they wrote
those for the reason.
Borup: I think the life safety things have already been addressed.
Johnson: You can incorporate those comments into your motion if you wish, that your
motion is contingent upon acceptance of staff recommendations. There are a lot of
ways that you can handle that.
Meridian Planning & Zo~g Commission •
August 12, 1997
Page 15
Borup: Well the only question I had on staff comments was number five.
Johnson: Why don't you ask the applicant to come up.
Borup: That is what I was wondering, if there a way to maybe give her. time to read that
first or have you had a chance? Was there any question you had on staff comments that
you are unsure of what they want?
Lofton: Health and Welfare send you out a piece of paper saying everything you have
to do to qualify for a child care license. A lot of them are the same requirements so I am
familiar with most of them.
Borup: That is all 1 had then Mr. Chairman.
Johnson: At this time I will close the public hearing, this would require findings of fact
being prepared.
Borup: Mr. Chairman I move we have the City Attorney prepare findings of fact and
conclusions of law on this application.
MacCoy: Second
Johnson: It is moved and seconded we have the City Attorney prepare findings of fact
and contusions of law on item #7, all those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: Do you understand what happened? You will be on the agenda again next
time but it will not be a public hearing nor will you get an opportunity to testify. We will
just go through the findings of fact like we did on the first four items or so this evening.
And then it will go onto the City Council from there at which time there will be another
public haring.
ITEM #8: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
USED CAR AND TRUCK SALES BY CENTENNIAL MOTORS - 225 W. FRANKLIN
ROAD:
Johnson: At this time I will open the public hearing and ask that the applicant or the
applicant's representative address the Commission.
Sam Fishel, 734 Pennwood Street, Meridian, was sworn by the City Attorney.
Johnson: Do you want to tell us briefly what you ~nrould like to do there Sam?
Meridian Planning & Zo• Commission •
August 12, 1997
Page 16
Fishel: Yes sir, as most of you know, I rented that corner with a previous conditional
use permit 8 years ago or 7 years ago. I bought the property the whole 3.6 acres five
years ago and I have been renting it out so I could sit there (inaudible) he has been
making my mortgage payment so I could build a good financial base to expand my
business into the complete property the whole property. At this time when I, I didn't
realize a conditional use permit was required until the City Ordinance officer came out
and told me so. And I said why of course you bet because we are going to develop that
property and it is going to be a beautiful piece of property. So I called the architect and
made all the, hopefully I have complied with everything that the City wanted. Ada
County Highway district I have met with them on two different occasions. There is going
to be a lot of changes and a lot of things going on with the splitting of Franklin Road
down there. Right now 1 would like to have a conditional use permit so I can operate
legally with the City and whatever requirements of course we are developing the
property and 1 want a beautiful piece of property when we are done and a real nice
facility that looks as good as Meridian Ford or Meridian Auto or Rountree Chevrolet or
any of the other places. So I am here to comply with whatever, I have read over all the
conditions of the City and County and I am familiar with all the wants, needs and uses
and I agree with everything that has been recommended. And I am ready to go to work.
Johnson: Thank you Sam, questions from the Commissioners?
MacCoy: Yes I do, I have a number of them here for you Sam and I am sure you can
answer them because you already made a statement as to the fact that you would like
to have an installation that is good looking and we would like to see that too. How many
cars do you plan to have on that show section on your map?
Fishel: It would hold 200 cars very comfortably I have 161 on it at the present time and
still have plenty of room for parking and presentation. You can pull an 18 wheeler in and
out and parallel park it if you like with plenty of room for anything that I want. I plan to
back the inventory down when they split the street down there and put sidewalks and
curbs and gutters. My plan is this when they come in and do the paving and put the
sidewalk, curb and gutter. I am prepared to pave the entire front section in front of the
building there and do the water retainments. I have, well you will see in the application
that we have the, I am not real familiar with the water retainment on site but I have had
an architect draw that out and it should be submitted with the plans.
MacCoy: It is, I have seen it.
Fishel: All I have received so far from him is a bill and I called yesterday and said I
would like what they did. Gary just brought it in directly to the City instead of bringing it
to me. So whatever (End of Tape) do it all at one time, which you know as far as the
lighting goes and all of that kind of stuff, Idaho Power will be putting the power poles in
like existing today. I just called them and they get the permits and they know what is
legal and what is not legal and all of that kind of stuff. I don't know as everything so
much in the air and subject to change that I don't know exactly how Hre are going to do
Meridian Planning & Zon• Commission •
August 12, 1997
Page 17
it, but I ready to do whatever is necessary. They have cut the, Ada County said they are
going to take out both driveways and just put one existing driveway. That is fine with me
as long as it is large enough, as long as it is big enough and they required that a paving
strip be paved in front of the place thirty feet back from the driveways because of rocks
and gravel and all that kind of stuff. Well I am proposing that whole front area will be all
paved with curbs and bumpers up the side. Like I said I don't know exactly how I am
going to do it yet but whatever complies with, I have so many people to please at that
point in time when it happens and I just want a beautiful facility when I am done.
MacCoy: Are you going to do any vehicle repair at this place?
Fishel: Nothing open to the public, I don't have a, I have the facility back there it is all
set up really nice, it was built in 1978 and it was the old Farm All tractor place so it is
overbuilt for that to go on. I will not do any outside repair. Now as far as having a
mechanic in there periodically to do my own personal work for example I don't know fix
the power windows on a car, pull a door panel or do a break job nothing major, just to
keep, I pretty much sell my cars the way they are. But that is the reason that I advertise
the way I do. I am finding out on occasion I would like to be able to have a mechanic if
that is necessary. So probably the answer to that question would be yes, but it is not
existing at the present time.
MacCoy: Let's move on with the same type of thought process, you plan to do any
detailing or painting?
Fishel: No painting or no body shop or anything like that. But absolutely I would have to
be able to wash and Gean my cars and take care of them which once again the facility
is overbuilt for that. As a matter of fact it has so many drains that I closed two of them
off an I have only used actually one in the back. But my plan is to put a complete four
bay garage this fall in the back of my building for nothing but detailing and mechanical
work if necessary that is my future plans and hopefully I can get it done by this Fall but it
depends on what happens out front. You are talking about a tremendous amount of
money and I have already spent $51,000 on the. building and upgrades and
improvement. Now the first thing that I did was to the driveways and entrances was all
rock and gravel and it was terrible and so we, I spent $5000 just on the entryway and
seal coating the existing pavement that was there and we moved the, made the
driveways and widened the entrances so it would be safe and look good. I also have a
lot (inaudible) goes down there every day and sweeps the rocks and gravel that would
(inaudible) because I don't like that either. In other words I want my place looking good.
It would look a lot better than it does now but the City stopped me. I have a sign back
there in the back that 1 can't put up, I can't do anything beceuse of the conditional use
permit. So I have all of those plans.
MacCoy: When you did your discussion with the Highway Department I am sure they
mentioned to you about Franklin being expanded and so on.
Meridian Planning & Zon~g Commission
August 12, 1997
Page 18
Fishel: Oh yes, that is one of the reasons why I purchased the property, one of the
reasons we moved here is because I am looking forward to the growth.
MacCoy: That should help your operation,
Fishel: Absolutely, I can't wait to tell you the truth.
MacCoy: Your signage, you say you have a sign in the back there, you are aware that
any sign you put up has to be approved by the City here before you can mount that
thing.
Fishel: That is the reason it is not up
MacCoy: Because not only is that just size it is what you are going to show on it, how
high is it going to be and we don't want you to put up something like McDonald's down
here.
Fishel: What I expect is much greater than what you guys require, because I want a
much nicer facility than what just the basic requirements are.
MacCoy: I have several questions here. You mentioned in the back of your on your land
there you are going to have storage. And we are real concerned about what you can
see from the street side to what the storage is going to look like.
Fishel: It is will be more cars.
MacCoy: It is not going to be cars and pieces and a junkyard?
Fishel: No, 1 don't have time for that. 1 will leave that up to those guys. As a matter of
fact Ada County split that property up there I found out just Tuesday I went down there
with a meeting with them. Third Street is coming down on the side there on the back
piece of the property and they have asked me for a, to give them 20 feet of Right of way
for a driveway on Third Street that comes down through there. So we are talking about
a lot of activity in that area in the next few years. What it all plays out to be I don't know
but I don't plan to use that property unless I want to park a car back there or whatever. I
have to hold my repos for ten days before I can re-sell them. It is all fenced in it is all,
there is no, the only thing to the left to the side there is the back yard to the trailers and
there is nothing to the back of it and there is nothing to the right of it except open field.
There is an old horse over there that they got fenced in over there. There is not anything
that would be a detriment or an eye sore or anything that would, I don't believe that
anyone, you are more than welcome to come back there. I have spent, 1 inherited the
property and it was in such terrible shape but I probably spell another $3000 just on
clean up. And I continue to do so at all times, I had a dumpster back there that we just
keep filling it up every 3 or 4 days. I will eventually pave all of that but right now it is in
weeds which I am in the process of cleaning up and that type of thing.
Meridian Planning i>< Zo~g Commission
August 12, 1997
Page 19
MacCoy: That was my next question, so you are one step ahead of me there. On your
sales building what is this going to look like when you finish it?
Fishel: You ought to come down and see it, I wish I could show you pictures of it when I
started. $50,000 does a lot of work it is all showroom, I am the only, well besides the
Bronco Motors I am the only used car dealership that has a showroom that you can put
four cars in. tt is gorgeous it is beautiful. The back end is a show place, what can I tell
you, I just spent $4000 today on a floor. That regular painting is not good enough for
me, completely totally patch it looks as good as anything you have right here. That is in
my garage area, but that is where I park my street rods there is where, it is a first class
operation all the way.
MacCoy: I was going, my concern is the exterior of the building, what we see.
Fishel: The exterior I can't do anything to as you well know. The City won't let me do
anything, my plans are probably to re-skin it later on down the road but it is all steel
constructed and that ain't no big deal. My future plans even future on out in the road is
a balcony and upstairs and all that kind of stuff. But you have to make the money before
you can spend it.
MacCoy: What about lighting on your property?
Fishel: Well Idaho Power has got six power poles on there now and my theft is nil, it is
completely cut out due to that reason. Whatever the City requires, whatever the state
requires, whatever the county requires and whatever Idaho Power has got in their mix is
what we will do. 1 pay them $400 a month and they do it and I don't have anything. It is
the best now as far as Meridian goes. I hope that it will be a lot nicer when we pave it,
we will upgrade as we go.
MacCoy: What I am concemed about is you end up with a light system which produces
a glare to it that drivers on
Fishel: Bumper flash, well Idaho Power will take care of all of that.
MacCoy: What I see with the power company they come in and they light it, what I am
concerned about is actually coming in and having
Fishel: (Inaudible) whatever the requirements are it will be beautiful. And I am sure
they have soft light bulbs and they have this and they have that but Meridian Ford over
here is lit up pretty nice and I will probably light it up just like that. That is my wants and
desires is to the be beautiful and gorgeous and not no glare. How can a person look
and view my cars if I am trying to blind them, I am not going to do that.
MacCoy: Well I was only using an example up here of when the Chevron station up
here on Meridian First came in and redid their lights here six to nine months ago they
Meridian Planning & Zo~g Commission •
August 12, 1997
Page 20
had a real nice system and then they took out what they had and they put in a light
which if you drive up in that area you hopefully, they have a glare system.
Fishel Well once again, the stars are the automobiles and if you put too much glare on
them and people can't see and it hurts their eyes I don't think that would be a very smart
move on my part. So I am going, whatever, once again I am here to comply or do
anything. This is an exciting time in our lives it is my first time and it is my tum. I am
here to develop that property and make a nice contribution to the City as I have for the
past 8 years.
Borup: You said you have been in discussion with ACHD on that and it sounds like you
are trying to coordinate your entrance with the widening of the road or they were talking
about cutting it down to one entrance. Your site plan still shows both I believe.
Fishel: I know but all of this has changed, as a matter of fact they just came up with
something a couple of days ago that, and I went down there last Friday morning
because they were wanting to get it discussed. That was the back piece of the property
because they didn't, they asked me the same thing, they were going to use it for
storage. Well storage of weeds if nothing else, no I am going to kill the weeds this Fall
and there won't be none growing. Just the storage of automobiles will the be the only
thing that will be back there and they will be all my cars nothing from the outside. Whey
they decided to put Third Street down there that is going to change a lot. My proposal at
that time of course is to close all entrance to Franklin Road and turn left at the stop light
and pull in the driveway there which takes all the traffic off of Franklin Road. Right at the
present time they have asked me to get together with Bob Giesler and our driveways
need to be adjacent to each other. We don't know, and they don't care which side left
or right it is as long the entrances are together that coincide with each other. Sidewalk,
curb and gutter they have asked me to put a $1780 or whatever deal which that is no
problem, I am prepared to do that. I am prepared to do whatever, I am excited, as a
matter of fact they are doing it a lot sooner than I figured and that is even greater that is
good.
Borup: You have a fairly detailed landscaping plan did you have a time frame on that,
were you going to try and coincide that with Franklin?
Fishel: Yes, well once again, 'rf 1 go in there and start spending a bunch of money on
landscaping and Ada County comes in and tears it all out you guys are not going to,
that is not too cool.
Borup: (Inaudible) along Franklin Road I was thinking maybe along the east side of
your property.
Fishel: On the east side of the property is the back yard to that trailer park and you are
talking about that is one of the problems that I do have in the existing condition. I will
probably apply for a variance to do something about that because you are talking, that
Meridian Planning i;< Zon~g Commission •
August 12, 1997
Page 21
property is so deep my thought is putting a fence up all the way across between my
property and the, once again don't take me wrong, I am not opposed to landscaping.
But an acre and a '/. of land is a little strong. To comply with the conditional use
requirements they say that the City says that I believe Shari is the one that told my
architect that any time commercial property meets residential property there is a 20 foot
setback. Well you take 20 feet from that east side of that property and go all the way
back to the deep and then crawl up the back and then up the other side you are talking
about taking an acre of land just for nothing but landscaping. I don't know, I think some
decisions need to be made, I think some discussions need to be done. I am all for
landscaping and beautifying the property but once again I don't think it is a necessity at
this particular time and effort. What would it accomplish is what I am saying. I can't see
anything that it will accomplish because everything is so subject to change at the
present time. What I need is a conditional use permit so vre can have time to plan and
set down and go through these things and maybe apply for a variance and with ideas
and other things that would work in that particular case.
Borup: It sounds like part of the reason for the conditional use permit is the size of your
business has grown from the original conditional use and you are just looking at
complying conditional use to satisfy the size of your business now.
Fishel: That is to sell that many cars, to have that many cars displayed and comply with
the law of the land you might say. And then as things progress and develop I would like
to develop it with the City and with the County all at that same time.
Borup: You mentioned and this just became obvious you have not seen a copy of the
plan that you have
Fishel: Oh yes I have seen a copy of all of the landscaping and everything, but Gary,
see I just panicked. I called Dean down at my place I said you are keeping me up all
night long, 1 said my stomach is killing me I can't stand it. 1 said my god what are you
doing here you take an acre'/ of land for landscaping that doesn't make a lot of sense.
He said well Sam don't worry about it, a lot of things happen. We have to do this we
have to draw up in that way to comply and show the City what we are willing to comply
with the landscaping and everything. He says you go in and use a variance and then we
can sit down and discuss possibly a better plan and a plan that even looks better. I said
okay, whatever we have to do let's do it.
Borup: I think we are concerned about landscaping along Franklin because when that
gets widened there is potential to be a nice entrance into the City. The other areas it is
an ordinance on the buffering beiween residential areas, some of this stuff to your south
I am not sure of the purpose of the landscaping there if it is just against other pasture
ground.
Fishel: Well they are developing that area in there, there is going to be a street back
there. Third street is going to come up on the other side, I guess it would be the
Meridian Planning & Zon• Commission •
August 12, 1997
Page 22
southwest corner and then go down through the Farmers Club. 1 have been try to buy
the Farmers Club property for the past three years and the guy won't sell it to me. But if
I ever do get that property bought and they put a street down through there I want to
move my place all the way out to the comer and then there will be a stop light there and
we turn left to Gose that driveway off and enter off of Third Street. Ada County thought
that was a pretty good idea, but I don't know. Everything we are talking about is the
future and the near future if they go to work on Franklin Road in October when they put
sidewalk curb and gutter the landscaping along Franklin Road will be done at that
particular time and making it look good. Once again like Malcolm said we have to do the
sign has to be a certain width and height and whatever and are we going to do a lighted
sign. Well I don't know, I would like to have something that looks really nice. But it
depends on what they do and how good a job they do coming down. We have to hook
up to sewer so that means that back hoes have to come in right straight through the top
of the thing to hook up to the city sewer. We just have a lot of plans to do.
Borup: You will want to have your stub outs down when the extension goes down
Franklin. One of the concerns 1 have and I am not sure the best way to rectify this is
staff has made a lot of recommendations they are saying, they are recommending it be
a condition of a conditional use, your intention is to do all of that but to do it in
conjunction with the widening of Franklin Road.
Fishel: The front of it yes sir and the whole front of the building.
Borup: (Inaudible) if that can be done and delaying complying with some of these
conditions.
Fishel: Also, you are telling me you are going to talk about landscaping them next to the
trailer park over there. How far is it going to come, when Franklin Road get there they
don't know whether they are going to buy ten feet of their property or 12 feet of my
property. They don't know exactly, they are in the planning stage also. So, what along
the front there all of that will be landscaped along the side at the time that we pave it.
Then the (inaudible) put in there too, there is a lot of work there to be done, a lot of
planning to be done. All I need right now is just to comply with the City to let everybody
know that we are in the beginning stages of development of that property.
Borup: I don't have anything else at this time.
Johnson: The only comment I would make at this time is this body is bound by the
ordinances and any circumvention of that ordinance and that one I refer to specifically
the one with the 20 foot wide planting strip adjacent to the park would have to be done
by the City Council. The are the only ones that can grant the variances, I can't. So a1
this time I will ask if there is anyone else in the audience that would like to come forward
and address this application.
Meridian Planning & Zon• Commission
August 12, 1997
Page 23
Fishel: May I say this please, 1 don't know a bit more about than you guys do. All I know
is (inaudible) we haven't developed that piece of property yet. 1 say we because
undoubtedly I can't do it without you. To comply with everything that we need to do
there are going to be some variances, somebody is going to have to give sooner or later
on something because Ada County and just think my business is going to be down for a
year.
Johnson: My point is philosophizing about that at this body is kind of a waste of time.
Okay, anybody else that would like to come forward? Any comments from staff? If not I
will Gose the public hearing at this time. This is a conditional use permit request, it
would require findings of fact and conclusions of law.
MacCoy: Mr. Chairman, I would like to move this forward for. findings of fact and
conclusions of law the item #8.
Borup: Second
Johnson: It is moved and seconded that we have the City Attorney prepare findings of
fact and conclusions of law on item #8 the request by Centennial motors, all those in
favor? Opposed?
MOTION CARRIED: All Yea
ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF 35.69
ACRES TO R-4 FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND CO. -
BLACKCAT ROAD BETWEEN USTICK AND CHERRY LANE:
Johnson: I will open the public hearing and ask that the applicant or the applicant's
representative address the Commission at this time.
John Knight, 16325 Boons Ferry, Lake Oswego, OR, was sworn by the City Attorney.
Knight: Thank you for your patience, I appreciate the opportunity to speak before you
tonight. The request we have before you tonight is for annexation from County to the
City of Meridian and zoning from County zoning to city zoning of R-4. We are also
requesting a preliminary and we sent out some new copies which you should have
received in your packet, requesting 118 lots. The minimum lot size is 8,000 square foot
and all of the lots meet that lot size. Quite a few of the lots are over that, there are
several 8,000 lots but there are also quite a few 9,000 and a few 10,000 square foot
lots. We tried to develop a sense of community and we have had an opportunity to meet
with staff and listen to some of the comments that Shari Stiles had. I met with Shari
Stiles personally and also your engineer Bruce. Freckleton address some of the
concerns that they have. One of the concerns that was raised by Shari was the fact that
very few of the subdivisions in town have provided street trees and we have a
landscaping plan which our consultant has brought tonight also. We have required and
Meridian Planning & ZoniTig Commission
August 12, 1997
Page 24
we will be requiring in the CC&R's and in our purchase agreement that all new homes
have two street trees along the street frontage to try and create a sense of real
community and we will have those placed of course up near the curb. Now our
opportunity to speak with Brian Jorgenson who is on your Shade Tree Committee and I
believe I have met some of the things that the Shade Tree Committee is trying to
accomplish and I am going to meet with him again and talk a little bit about trying to
assist the committee in trying to develop some sort of shade tree ordinance. So I am
hoping we can use this as a good example of what we would be acx:omplishing and
what you can accomplish with a shade tree ordinance. There was also a comment that
Shari raised regarding the swales or the detention/retention basins the retention areas.
What we have done is v/e have provided the retention areas within the subdivision but
we have also provided some landscaping in those areas. In phase 2 of the subdivision
we have made an effort to provide a small tot lot type of facility. The target area that we
are looking at for the tot lot facility is like a two year old to a five year old type age. So
there would be something for the smaller children to do during the day time while the
holder children are at school. We appreciate all the support that we have had from the
staff the City staff and also the county staff. We have met with the Ada County Highway
department, met with them today and have talked with them several times over the
phone and I believe we have met all of their concerns and v~ are tentatively scheduled
for hearing on August 27 with their board. We have already passed the technical review
committee. I would like the opportunity to respond to any comments or questions that
come up during the process and hopefully I can do that later in the hearing if any issues
do come up. At this time I would like to pass it on to unless there are any questions
would like to pass it onto our consultant with Briggs Engineering and that gentleman's
name is Van Elg. I just say I look forward to building this community in Meridian and I
would be happy to answer any questions if there are any at this time.
Johnson: Okay, we will find out, any questions from the Commissioners? Thank you
Van Elg, 1111 S. Orchard, Boise, was sworn by the City Attorney.
Elg: If I could take a second I will this easel up here. I have a copy of the preliminary
plat over here also so some of you can reference each of them whichever is easiest for
you. You have before you as John mentioned a copy of Tumbeny Subdivision, it is 118
buildable lots, 134 total lots within the development. As you can tell there are a number
of open space landscape lots that are provided for this. As John mentioned you can
see the design facilitates a very pleasant look when it comes to the layout for these
street trees that he has talked about. A great deal of effort and a great deal of time has
gone into the planning of this project. John has met and his cohorts have met with many
of the agencies here multiple times and as many of you know as consultants we
probably have met with them many more times trying to resolve various issues. There
haven't been a great number of issues with this project at this point. We have come in
with what we felt was a very good design, well thought out. We have addressed the
issues with the Ada County Highway District regarding right of way, future accesses,
stub streets, collectors, arterials, dedication of right of way. All of these issues have
Meridian Planning & Zo• Commission •
August 12, 1997
Page 25
been discussed at great length and with great detail. Traffic engineering reports have
been provided to support the design of this project for future connections to other
projects or other land within the area to ensure that we are not land locking anyone or to
ensure that we provide them with appropriate access for the future. We have gone over
the staff comments and I believe that we have addressed each of them through the
comment letter that we sent back. I might point out that there is roughly 2.77 acres of
open space at this point within this project. As you can see in those two lots right there
we have provided some common area for pathway connection. It will also serve for
drainage areas and it will also serve for as a means of breaking up along block lengths
which is an important element of the Meridian Comprehensive plan or of the Meridian
zoning ordinance. So we tried to address all of those issues, total density of the project
is roughly three dwelling units per acre in an R-4 zone which allows four. So we have
come in with approximately 8°r6 open space, three dwelling units per acre in an area
where we could have developed much higher. The zoning is compatible with typical
patterns within the development within the area and adjacent developments across the
street. I might also point out that as we discussed, you can see the large green areas
along the south and west boundaries of the project there is an irrigation ditch that runs
along those areas, the Safford sublateral. We have after discussing it with Shari we
have decided to identify those as separate lots. I also discussed this with the Nampa
Meridian Irrigation District. These lots will then serve as a means of buffering or
removing the residence from potential conflicts with the irrigation district uses on those
sites. The irrigation district access roads lie within that area and they are approximately
I believe 20 to 30 feet wide if I recall. One of the concerns that the irrigation district had
or some of the neighbors I guess is that some of the people might want to dump grass
clippings and so forth over the fence which would eventually Gog the irrigation ditch or
cause problems. With this design they won't be able to reach it, they can't reach that
irrigation ditch to do it. They can't just dump over the fence, it would have to be a real
effort to do it, to go out of their way to do it. I talked to the client about fencing
requirements, Nampa Meridian Irrigation District as you are aware doesn't want to have
wood fencing along there but we have discussed some possible options or perhaps
putting a note on the face of the plat. The reason being is they use a combination of
methods to eliminate the weeds out there, burning and spraying. When they bum the
wood fence is history often and then they end up fighting attorneys trying to get to
resolve the fence issue and who is going to be rebuilding it. We discuss it in the
covenants but that still gets into a bad situation. So what we thought of is if we had a
note on the face of the plat that Dearly identifies that the fencing would be the
responsibility of the homeowners association if burnt. It would be a very clear statement
on the face of the plat. Nampa Meridian Irrigation District didn't give us a clear head nod
but they said that is a good thought that is something to think about. So we will see
where we go with that. But, in any event, they would like to eliminate if possible a chain
link fence baGc there. It is certainly not the most attractive for a development of this
nature. But we will try to address that with staff and with the irrigation district if possible.
As you can see there are a number of crossings, there are three crossings in particular
that we have discussed with ACHD and with your staff. The one to the south and the
two to the west. What is going to happen there is the Ada County Highway District will
Meridian Planning & Zon~g Commission •
August 12, 1997
Page 26
require that we trust fund for the extension of those roads across the irrigation ditches
so that we can't eliminate the connection if the connection ever comes the funds will be
available for that connection. We also have to trust fund for the crossings of those
irrigation ditches in those locations. ACHD's I believe they have a draft copy of their
staff report as John mentioned we met with them again today to finalize some of the
issues involved with our staff report and 1 think everybody is singing from the same
page at this point. Pressure irrigation will be provided to the project at this point there is
an existing domestic well but I don't think it is going to provide adequate supplemental
irrigation is not large enough. Irrigation will be taken from the Safford lateral at the
southeast comer of the site. We are also looking at some other options, plan on meeting
with the developers of Ashford Greens and seeing rf there is a possibility of tying into
their pressure irrigation system there and joining those two systems together. 1 am not
sure what type of supplemental irrigation they have. I believe Ashford Greens is on city
water if I am not, Gary is that correct for supplemental is Ashford Greens on City?
Smith: I am not sure right off hand if it is City, I know they have got a well on site that
they were planning on using to supplement their ditch water.
Elg: In any even we are trying to work out some options with that and link those
systems together as much as possible. Gravity irrigation, the existing ditch as
mentioned in the staff report we have a variance for the tiling of those ditches due to the
volume and slope and the required head to keep that water moving our engineers
believe the pipe will be greater than 48 inches in size and therefore we are submitting a
variance request. We have also discussed this with Nampa Meridian Irrigation District
and they said that they will concur with the engineering estimates. One thing that we
might point out is the internal road, you can see that we put a buffer oh this main access
road that comes into the project. Buffers on each side, there is a turn lane, turning
lanes for ingress and egress from the site. The road is designed as a collector all the
way into the internal, that full length of the road that road is a collector road. That was
designed with specific purpose in mind to help the traffic that is flowing from other sites
from surrounding properties as it flows in and concentrates that becomes a collector as
it goes out onto Black Cat Road. The buffering is there to help minimize any impacts
with that, improve the looks of the project and no lots will front on that street. With that I
think I will open myself up for any questions that you might have and reserve time at the
end if there are additional if some of the other public might want to talk.
Johnson: Any questions of Mr. Elg? Anyone else that would like to address the
Commission on this application?
MacCoy: Well, in the first place you are an old hand at this and I do appreciate the way
you present because you work the same direction we work. You mentioned the fact
that you have read and digested the staff report and you have come with answers for
everything so that helps us out a lot when you say that because there are a lot of
questions that come out of what we do that are now null and void as far as we have to
ask the questions. I also complement you on the, in fact your very last item for your
Meridian Planning & ZonTfg Commission •
August 12, 1997
Page 27
collector. I thought that was a good approach you came up with there. Also 1 like the
fact that you are talking about your being able to dump the grass clippings over the top
that is one of the things we hear all of the time how that really screws things up for
everybody. When some individual doesn't think or they think and they are getting away
with something we will try that and at least you have done the homework which we
appreciate. Checking your lot size and home size, you have some in at baseline and
gone up from there. I think you will have a very nice living area over there because of
that. I had a question on your chords, you have got 40 feet fronts on your chords and of
course that is what you have to do considering the way you have designed that. I am
just curious in one sense here at this moment is how you came up with that, using the
chord idea.
EIg: Stroke of genius (inaudible) one thing I might point out about those chords, the
landscape plan does not show any trees around there but we will probably end up
putting trees on there too they have discussed that.
MacCoy: Where is this tot playground? Right in there, it says common lot (inaudible).
EIg: That is the only common play area other than the sidewalks or pathways that lead
between the two streets on the north and south sides of the project. There will be some
grassy area in there.
Borup: The plat shows a landscape easement between Lot 7, I was just curious what
the purpose of that was. It doesn't show it on your landscape plan it shows it on Lot 7
right where you were pointing to there. It is right here.
Elg: That was my not so creative stroke of genius, we had initially planned on putting a
landscape lot here right at the end of this collector that would as a visual screening
there but since this time I think the developer has decided that is, it makes the lot more
awkward those two lots for access so we will probably end up removing that lot there.
There is one other common lot in question as part of the staff report and we may want
to just discuss that.
Borup: The sewer one, up there on the north end.
Elg: Correct, the NE comer of the site there out to Black Cat.
Borup: Has that been discussed with the City Engineer is there an alternative on
running the sewer or you don't know at this point?
EIg: I think we are going to end up probably doing it with the common lot if possible. The
reason being our engineers have gone back and looked over it. We have even talked to
ACHD about dedicating it as right of way and calling it alley or something and blocking it
off but they wouldn't go for it. The, one of the problems with bringing that, those utilities
back down around is I think we end up installing another 700 or 800 feet of line and by
Meridian Planning & ZomTig Commission •
August 12, 1997
Page 28
doing that Dean Briggs estimated it would probably end up having we would lose
another 4 feet in depth and we would end up having to fill the back site with 3 to 4 feet
of fill to make that work and it will be very expensive to do that.
Borup: It looks like, you are really relocating the Safford Lateral on the south?
Elg; No that will stay
Sorup: The plat made a reference of constructing the gravity irrigation so I didn't know
Elg: The plat that you have actually got may refer to a gravity irrigation line that goes
along the Safford lateral there, it is not. That line is there as per Meridian Ordinance but
we requested the variance to leave the ditch open because of its size.
Borup: The mention the trees is going to be in the covenants or the species and size in
the covenants as well (inaudible)
Elg: They will be
Borup: How is that handled on the
Elg: The trees that we have got here I believe these are all, let's see these are the
flowering pears, they will be about 25 to 35 feet high with a spread of about 25 to 30
feet 1 guess for the spread of this flowering pear. They run the length of this road here,
we have Lindens in the back here which will be a taller tree, more foliage probably,
more vertical I believe. Then there is a maple which will be on the inner development
here or the inner neighborhood. They will probably have about a similar height to the
flowering pear.
Borup: So the trees are specified then on which
Elg: And they will be built, I will let John answer that, he has been talking with the land
group, many of you have met with them before Dave Koga designed the landscape plan
for us and has been in discussions with John Knight about that.
(End of Tape)
Knight: (Inaudible) try and set this off in some fashion and one of the concepts I
discussed with David Koga our landscape architect is to develop a street tree theme
that would create a hierarchy so that you would have the ability in the spring time we
were looking at the Santa Clara pears and in the spring time they will have a nice
consistent flowering treatment. So eventually you will be able to drive from the property
through here and you will have that nice tree lined effect with the flowering pears. And
then in the internal streets we were looking for a nice large shade tree so you will have
a nice consistent theme as you go around the loop here with the Santa Clara pear. We
Meridian Planning & Zoning Commission
August 12, 1997
Page 29
may actually change that tree there. The way we will deal with that is we will put it in the
CC&R's and we will specifically identify the street and we are going to try to choose
common trees so that if the do die they have the ability to go down and get them from a
local nursery if they need to.
Borup: So as each house is built the trees go in at that point?
Knight: We haven't figured out exactly how we are
Borup: That is what I was wondering or I have seen some where the developer has
provided the trees and then had an additional charge on top of the lot price.
Knight: There are different ways to do that the best way to do it from the tree standpoint
is to try and get a big group of them all at once. The way to do that is you contract with a
local nursery for the trees and then you send your home builders down to get the tree at
the time they finish maybe a group of lots and put them in all at once at the right time.
The other way to do it and many cities do this is you simply require them at time of
occupancy of the house so you can go out there and look at it and the tree is in place.
We haven't figured out the logistics exactly how we will do that. Ideally we will contract
with a local nursery and just send the home builder down to go get his two trees and put
them in the ground.
Borup: That has the potential of being a beautiful project when that grows out.
Johnson: Thank you both, anyone else, last chance to testify on this application.
Seeing no one then 1 will close the public hearing at this time. This will require findings
of fact and conclusions of law.
Borup: Mr. Chairman, 1 move the City Attomey prepare findings of fact and conclusions
of law on this application.
MacCoy: Second
Johnson: We have a motion and a second to have the City Attomey prepare findings of
fact and conclusions of law all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #10: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR
TURNBERRY SUBDIVISION, 134 LOTS BY BENCHMARK LAND COMPANY -
BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE:
Johnson: I will now open this public hearing and invite the applicant to request us to
incorporate his prior remarks into this public hearing so he doesn't have to repeat
himself if he would like to do so.
Meridian Planning & Zon~fg Commission •
August 12, 1997
Page 30
John Knight, 16325 Boonsferry Rd, Lake Oswego, OR, was sworn by the City Attorney.
Knight: I would like to simply incorporate my remarks from the previous hearing and
again will be available to answer any questions. Thank you
Borup: The new plat that you submitted Block 2 changed to Block 3.
Knight: Yes there is a repetition of block we will get that straightened out.
Johnson: Thank you Mr. Knight, Mr. Elg would you like to do the same?
Van Elg, 1111 S. Orchard, Boise, was sworn by the City Attorney.
Elg: i would ask that you incorporate my testimony from the previous hearing for the
annexation and rezone into the preliminary plat hearing tonight, and that of Mr. Knight.
Johnson: We did that already, anybody else? I will close the public hearing at this time.
This would traditionally require tabling since we haven't acted on the annexation and
zoning.
MacCoy: Mr. Chairman, I propose that we table this one until the findings of fact can be
completed on the first section, September 9.
Borup: Second
Johnson: We have a motion and a second to table item #10 to a date certain of
September 9, 1997 our next scheduled meeting, all those in favor? Opposed?
MOTION CARRIED: All Yea
FIVE MINUTE BREAK
ITEM #11: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-15 TO R-40 BY
LEE CENTERS -WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE BOWLING
ALLEY:
Johnson: At this time I will open the public hearing and if there is a representative for
the applicant please come forward at this time.
David Bailey, 870 N. Linder, Suite B, Meridian, was sworn by the City Attorney.
Bailey: Good Evening Mr. Chairman, we had a little scare there for a minute, we
thought that crowd was here for us they seem to have decided that we were alright and
left. As I said I am representing Lee Centers this hearing is for the rezone from R-15 to
Meridian Planning & Zon• Commission •
August 12, 1997
Page 31
R-40 but the next item on the agenda is a conditional use requesting a conditional use
for the project for 16 units so that is going to be the crux of our discussion I believe.
The reason for the R-40 zone is that the applicant is asking for 16 units to be placed on
this about approximately one acre tot just north of an apartment complex that he has
previously constructed it is down to the south of this project. The 16 units doesn't fit
within the R-15 zone. There is also an existing house on the property. So we are
requesting two 6 unit buildings and one four unit building. Access to the project will be
from the existing apartment complex that is out there now that has fourteen units and
we will also provide sewer and water service from that direction. I think that is just a
brief overview of the project and I did want to go through and address some of the
comments that the staff had in their staff report to make sure that some of those issues
were answered on here. It takes about existing drainage ditches and there are none
crossing the property we are not asking for a variance or anything on that. We will
abandon the existing septic system for the house and tie the existing house into the
sewer system. It is already on city water as of now. We have talked to the fire
department about the location of the fire hydrants and there is some concern about the
flow to that fire hydrant from that 6 inch main. If we need to we can loop the water line
back out to Meridian Road to increase that fire flow. The owner will provide the
easements for the sewer and water, talking about item 4 there and five. I think Roger
Smith from my office had talked to Gary Smith concerning the utilities on this and what
is in the road and needs to revise the plan just to show those items on there. We will be
showing five foot sidewalks, the plan that was submitted shows 4 foot sidewalks within
the project and those will be five feet. In addition there will be provided a handicapped
spot within the project. There is one handicapped spot in the project to the south as well
and this will provide a handicapped space. We have worked with the Highway District
and determined what they need for right of way and for access. and this also, I am
jumping ahead of myself. Item 9 talks about the landscape plan showing the area for an
overflow parking. The Highway District has stated that there is a loop driveway to the
existing house that they want a single access there instead of twv. We are going to do
that. We don't at this time intend to provide that as overflow parking. If we do we would
need to pave it in accordance with the City Ordinances and provide additional
landscaping there. The highway district has stated though with a single access there
they would not have any objection to that being used as overflow parking. Currently
there is a fence that surrounds the project and one of the conditions is that the fence be
constructed prior to construction of the site. There is already a fence that surrounds the
north and west side of the property. The west and north side of this project is Hope
Arms apartment complex to the east is the bowling alley and to the south is Mr. Centers
previous project. Kind of brief there but I think that is all I have to say on it unless you
have any other questions for me.
Johnson: Thank you, questions from the Commissioners?
MacCoy: I would like to start off by asking the staff on the document he was reading
from here which is staff comments, page 3 item 15 when you read that it says provide
security lighting for the parking light per ordinance shouldn't that be lot? Okay, back to
Meridian Planning & ZonTfg Commission •
August 12, 1997
Page 32
you then, I think you are aware that you are going to have to put your answers in writing
as to what you are going to do here. I was curious since I don't have a plot plan or
layout or anything else it didn't come in my package anyway, it says a minimum of 20
foot landscape setback beyond the right of way, will that fit in there?
Bailey: Yes (inaudible)
Johnson: The plat and everything is on the conditional use Malcolm.
Bailey: The access to the site is going to be from the south in this direction here so the
20 foot landscape in the front here a setback in the front on Meridian Road there is
plenty of room there for that setback.
MacCoy: So that doesn't cause any problem then. Your proposed trash area says it
shows as a planter on the landscape plan. I saw that so I wondered what do you plan?
You have a trash area and then you have got
Bailey: Oh I see, we have a trash area shown here and then the landscape plan doesn't
show the trash receptace and it shows that. I am not sure at this point what has been
coordinated with the trash removal service by Meridian Sanitary Services. But it is our
intent now to provide the trash receptacle at that location.
MacCoy: You are providing handicapped parking spaces and signage which is required.
You already mentioned the fence, what is your fence made from, is it wood or chain
link?
Bailey: The existing fence that is up there now is chain link fence that is 6 foot tall.
MacCoy: What kind of signage do you plan to have on your property? If any?
Bailey: There is none for this project here, the entrance being through the other
apartment complex. There is no specific signage that is going to be required for this
project.
MacCoy: That is what I wondered because it speaks to that in our staff report to you and
you are going to have to come back and say there is no signage. I was just wondering
where you were going to put signs ff you had signs to put. I guess I was going to ask
you 'rf any of your units are planning to be connected by like a canopy type thing or is
that unit stand by itself, you know the four is a unit apartment and you don't plan to
connect that with anything else for weather conditions or anything?
Bailey: No sir
MacCoy: I was just curious (inaudible)
Meridian Planning & Zonlffg Commission •
August 12, 1997
Page 33
Bailey: These are very similar buildings to the buildings that are in the previous phase
so they are similar units or similar buildings to those.
Borup: Do you know what the zoning is for the Hope Arms Complex?
Bailey: I do not know off the top of my head what that zoning is.
Johnson: R-15
Borup: That overflow parking area you said is going, that would be area of the
landscape buffering along Meridian Road would be, is that something in the works then
to design a landscaping plan for that. That will be part of this project?
Bailey: The overflow parking, that will not be part of this project.
Borup: I mean the landscaping of that area that designates, the area along Meridian
Road.
Bailey: As far as the 20 foot landscape setback there is no planned landscaping there
at this time. We don't have any landscaping specifically planned for that area at this
time.
Borup: That was staff comment No. 8 on the staff report, I noticed when you went
through those you skipped over that.
Bailey: I apologize for that. It says detailed landscape plans showing this planting strip
will be reviewed during the building permit process.
Borup: You have done some nice landscaping stuff on the other project with the water
and that whole (Inaudible). Maybe that is something that needs to be addressed and
how that landscaping area along Meridian Road is going to be handled then. That was
the other, if it wasn't going to be that then what was just going to be left as it exists now
then, was that your original
Bailey: As I discussed with Lee Centers he planned on just maintaining that.
Borup: Well I am not sure where ACRD has in their schedule on widening or improving
Meridian Road but that is coming up. I think you answered my other question the
building is going to be similar to the existing project which has a nice looking building in
it. That was afl the questions I had.
Johnson: Thank you, anyone else from the public that would like to address the
Commission on this application.
Lee Centers, 3770 S. Linder, Meridian, was sworn by the City Attorney
Meridian Planning & Zon~g Commission •
August 12, 1997
Page 34
Centers: We didn't know what Ada County was going to require on this area here. They
just told us they are not going to let us access this. So we will have to landscape it and
we will do that when we apply for a building permit. There is an existing cyclone fence,
metal fence all the way around. We are going to replace that with a six foot high cedar
fence that we will do towards the end of the project so we don't damage it and work
around it. These all have covered entry ways similar to these over here. You had asked
about that. The stairs are all inside they are covered. They are all stucco, this all
landscapes similar to here and the main entrance comes in off Meridian Road, will come
through here and access. Now we know what Ada County wants we will landscape the
front.
Johnson: Any questions of Mr. Centers?
Borup: On the fence, you said you are planning on replacing it, is that, that is the fence
that has been there quite a while is that on your property or did Hope Arms put the
fence up?
Centers: Hope Arms put it up but what we found when we did this one there were parts
of it that were five feet off so wee straightened it up and put it on the line. And 1 expect we
will run into the same thing on this.
Borup: So what you have on your plat may not be accurate then.
Centers: It shows the existing fence that is that right there.
Centers: It shows (inaudible)
Borup: It shows that over your property line on the west and then the fence on the other
side of the property line on the north.
Centers: If they will agree we will replace it with a cedar fence and take the other down
and they agreed on the first phase so I would think they would agree on this.
Johnson: Thank you, is there anyone else? I will close the public hearing at this time,
this is a rezone request requiring findings of fact and conclusions of law.
MacCoy: Mr. Chairman, I propose that we take item #11 and ask our attorney to
prepare findings of fact and conclusions of law.
Borup: Second
Johnson: Moved and seconded we have the City Attorney prepare findings of fact and
conclusions of faw on item 11, all those in favor? Opposed?
Meridian Planning & Zondfg Commission •
August 12, 1997
Page 35
MOTION CARRIED: All Yea
ITEM #12: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR
CONSTRUCTION OF THREE APARTMENT BUILDINGS (ONE 4 UNIT AND TWO 6
UNIT BUILDINGS) BY LEE CENTERS -WEST SIDE OF MERIDIAN ROAD ACROSS
FROM THE BOWLING ALLEY:
Johnson: I will now open this public hearing and invite the applicant and the applicant's
representative to address the Commission.
David Bailey, 870 S. Linder Suite B, Meridian, was swum by the City Attorney.
Johnson: Do you have anything to add or would you just like to incorporate prior
testimony?
Bailey: Mr. Chairman, I would like to incorporate my comments from the previous public
hearing into this. public hearing.
Johnson: Any questions for Mr. Bailey from the Commission on the conditional use
permit?
MacCoy: Mr. Chairman, I would like to make that correction again on this one too on
page three of the staff report, item 15 that light be changed to lot so it reads correctly.
Johnson: Thank you, Mr. Centers would you like to incorporate your testimony as well?
Lee Centers, 3770 S. Linder, Meridian, was sworn by the City Attorney.
Centers: I would like to incorporate what I said before into this one.
Johnson: Thank you, any questions of Mr. Centers? Anyone else from the public?
Stiles: I would just like to request that we get a copy of Ada County Highway Districts
comments, we haven't had those yet to make sure those are incorporated into the
findings.
Johnson: Good point, we should have picked up on that. We will do that, and I am sure
they will give us a copy. Do you have some? Anything else from staff, if not I will Gose
the public hearing at this time. This is a conditional use permit, it requires findings of
fact as well.
MacCoy: Mr. Chairman, I propose that our attorney prepare findings of fact and
conclusions of law for item 12.
Borup: Second
Meridian Planning & Zoning Commission •
August 12, 1997
Page 36
Johnson: A motion and a second to have the City Attorney prepare findings of fact and
conclusions of law on the public hearing for a conditional use permit by Lee Centers, all
those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #13: REQUEST FOR A VACATION OF GENTRY WAY IN AMENDED MAGIC
VIEW SUBDIVISION AND PUBLIC UTILITIES, DRAINAGE AND IRRIGATION
EASEMENTS BY DICK MESSERSMITH -PUBLIC RIGHT OF WAY ADJACENT TO
LOTS 12 AND 13:
Johnson: So this is a request for a vacation but not a public hearing is that correct? No
public hearing required this is just a request for a vacation?
Stiles: Yes
Johnson: Is Mr. Messersmith here or a representative?
Jacobs: Keith Jacobs, this piece of right of way Gentry Way doesn't have utilities in it,
no improvements over that land access to Eagle Road has been terminated by the
transportation Department of Idaho. The only access out of this property these two
properties would be back to Allen Street and we are just requesting that we vacate this
right of way and then proceed onto the Highway District.
Johnson: Makes sense to me, any questions of Mr. Jacobs?
MacCoy: I have one, looking at your map that was submitted with your material, I am
assuming after figuring out all of these lines and everything that it is 13 and 14 you are
talking about, 12 and 13.
Jacobs: 14 is part of the right of way now (inaudible).
MacCoy: Okay 12 and 13 which you have decided that you don't care to spend the
money to go ahead and hook those up and just not develop those two pieces of
property is that the reason you are not going to do it?
Jacobs: As I understand it the property owners, there are two property owners the
owners of lot 13 and lot 12 wish to vacate this and apparently pool their resources and
either market or develop it as a unit. The remnant part of Lot 13 is such an odd shape
that it makes it advantageous to put the two together and that is what the hope is to
vacate that right of way and then they will have more land to develop. It is a dead end
street.
Meridian Planning & Zoning Commission •
August 12, 1997
Page 37
MacCoy: I see that, I was curious as to the reasoning behind this, I realize what they
have done to you here and you have already answered my question about the highway
going through because when I asked you about number 14 and how you were going to
handle that one.
Borup: I kind of have the same thing the line there showing the freeway that intersects
through Lot 13 isn't that what you just explained?
Jacobs: That is right yes that is the right of way.
Borup: Jacksons is on lot 11?
Jacobs: Lot 11 I believe yes.
Johnson: Thank you Mr. Jacobs, what would you like to do on the vacation request?
Borup: I move we grant the request for vacating Gentry Way.
Johnson: What we actually do is recommend they grant it to the City Council.
Borup: I move that we recommend to the City Council they grant the vacation of Gentry
Way in the Magic View Subdivision.
MacCoy: Second
Johnson: Moved and seconded we recommend to the City Council that the vacation be
granted, all those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: One further motion?
MacCoy: Mr. Chairman, I would like to recommend we close this session.
Borup: Second
Johnson: Okay, we have a motion and a second to adjourn, all those in favor?
Opposed?
MOTION CARRIED: All Yea
MEETING ADJOURNED AT 9:23 P.M.
(TAPE ON FILE OF THESE PROCEEDINGS)
Meridian Planning & Zornng Commission •
August 12, 1997
Page 38
APPROVED:
~--~----~ ~ `~I9
JIM S HAIRMAN -.
ATTEST:
WILLIAM G. BERG, JR., CITY CLERK
MERIDIAN PLANNING & 20NING COMMISSION
AGENDA
TUESDAY, AUGUST 12, 1997 - 7:00 P.M.
CITY COUNCIL CHAMBERS
MINUTES OF PREVIOUS MEETING HELD JULY 8, 1997:
1. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A
CONDITIONAL USE PERMIT FOR AMULTI-TENANT RETAIL CENTER BY
ROGER MICHENER - 519E AIt~VIEVV AVENUE:
R~U/J~dve ct6cct ~~~ G ~ a~yra~e:G~ci3~D~~ecoMr...~,~.d~f-.m.~i
2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A~ C! G
CONDITIONAL USE PERMIT FOR GENERAL RETAIL PURPOSES BY KZ
HOLDINGS LLC - SE CORNER OF LOCUST GROVE AND FAIRVIEW
AVENUE:
~p~rvvZ ~/~~ clC ~/ar-r/C GL~t%U3.2h.:/ieCarr~...~„~t,,.a°a-~iuz~ ~%G
3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REZONE FROM `r
R-4 TO L-O BY CHERRY LANE BAPTIST CHURCH - 2150 W. CHERRY
LANE:
~i~ro/t ~lF g~lc G~,pra~e dec;l,~~l~co~.~.e_~Cc=-~ir~
4. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A REQUEST FOR
AN ACCESSORY USE PERMIT FOR A FAMILY HOME DAY CARE BY B. GAIL
CARRCIvTnHERS -106jQ TAMMY PLACE: ~n~ /r
"!'/~ru/2 ~(~ ~ ClL Cc~J~orov.C vxCl~iar~-~ihu.2~
5. PUBLIC HEARING CONTINUED FROM JULY 8, 1897: REQUEST FOR A
CONDITIONAL USE PERMIT FOR .VANGUARD MILITARY ACADEMY
CAMPUS BY VANGUARD MILITARY AGAD M
Cry atfc~..~~ ~v ~-~c~,v~.e ~~~ ~e~L
6. PUBLIC HEARIN REQUE T FOR A CONDITIONAL USE PERMIT FOR A
COVERED, DRIVE-UP ATM AT MERIDIAN FIRST SECURITY BANK SITE BY
FIRST SECURITY SERVICE CO. - BRYCE REYNOLDS:
7. PUBLIC FARING: REQUEST FOR A CHILD CARE/PRESCHOOL FOR 8 TO
10 CHILDREN BY TYIA LOFTON - 2261 E. KATELYN:
Cr~if a,~~a-L,-,.e y din //nn.ee,ooa.~c f'~F ~ c~L
8. PUBLIC HEARING: RECIUEST FOR A CONDITIONAL USE PERMIT FOR
USED CAR AND TRUCK SALES BY CENTENNIAL MOTORS -225 W.
FRANKLIN ROAD:
w ~~f2.,t~ ~/.ricpQ-,.c ~~F~r/G
9. PUBLIC FARING: REQUEST FOR ANNEXATION AND ZONING 35.69
ACRES TO R-4 FOR TURNBERRY SUBDIVISION BY BENCHMARK LAND
CO. -BLACK CAT ROAD BETWEEN USTICK AND CHERRY LANE:
10. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR
TURNBERRY SUBDIVISION 134 LOTS BY BENCHMARK LAND CO. -BLACK
CAT ROAD BETWEEN USTICKAN CHERRY LANE:
~~u~2e. czs.~`i L ~{e t. ~l ~ f~-~~.
11. PUBLIC HEARING: REQUEST FOR A REZONE FROM R-15 TO R-40 BY
LEE CENTERS -WEST SIDE OF MERIDIAN ROAD ACROSS FROM THE
BOWLING LLEY:
12. PUBLIC H RING: QUEST 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:
Gi pct /-~ ~,.c,o~ ~/~ ~ ~-li.`
13. REQUEST FOR A VAC TION OF GENTRY WAY IN AMENDED MAGIC VIEW
SUBDIVISION AND PUBLIC UTILITIES, DRAINAGE AND IRRIGATION
EASEMENTS BY DICK MESSERSMITH - PUBLIC RIGHT OF WAY
ADJACENT TO LOTS 12 AND 13:
recrrmn..~d to C/C ~o-. ~.~,p,-a~~z
CITY OF MERIDIA
PUB MEETING SIGN-U~HEET
-~~~~ KNiL9H ~ ~~' ~u~Mt~ L/sNr~ C~
BSFORB THB MERIDIAN PLANNING AND ZONING COMMISSION
RZ HOLDINGS LLC
CONDITIONAL USE PERMIT FOR GENBRAL RETAIL PURPOSES
SOUTHEAST CORNER AT THE INTERSECTION OF
LOCUST GROVE ROAD AND FAIRVIEW AVENUB
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing on
July 8, 1997, at the hour of 7:00 o'clock p.m., the Applicant
appearing through its representative, Mark Zimmerman, 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 Conalusione of Laws
FINDIIfCi$ 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 July B, 1997, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the July 8, 1997 hearing;
that the public wee given full opportunity to express comments and
submit evidence; and that copies of all notices were available to
newspaper, radio and television stations.
Z. The property contains approximately 1.15 acres and is
located within the City of Meridian at the southeast corner of the
intersection of Locust Grove Road and Fairview Avenue. The
property is described in the application which description is
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
RZ HOLDINGS LLC
incorporated herein. The Applicant is not the owner of record of
the property. The record owners of the property is the Schrandt
Family Limited Partnership, and it has consented to the application
for the conditional use permit.
3. Pursuant to the application, the property is pre.antly
vacant, bare ground, which occasionally has care or equipment
displayed on it for sale. The proposed use of the property is to
construct a video retail store. The Applicant agrees to pay any
additional sewer, water or trash fees or charges, if any,
associated with the use of the property, whether such use be
residential, commercial or industrial.
4. Mark Zimmerman, the representative of the Applicant,
testified substantially as follows at the July 8, 1997 public
hearing. With reference to discussions with City staff, the
Applicant has submitted a site plan for the property and an
elevation schematic for the proposed building. With reference to
the site plan and elevation schematic the Applicant has attempted
to maximize the number of parking spaces at the site. The property
is approximately 50,000 square feet in size. The site plan
provides for 60 parking spaces. The proposed building is 7,488
square feet in size. The proposed building has been oriented to
maximize view corridors for both the property and the parcel of
property to the south of the property. A Mr. Geyer expressed
concern about the view corridors to the parcels of property south
of the property, and on Wilson Lane. The Applicant has addressed
these view corridor concerns by situating the proposed building on
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
RZ HOLDINGS LLC
the property so it does not sit lengthwise facing Fairview Avenue.
Rather, the proposed building is situated with the narrowest
portion of the proposed building facing Fairview Avenue, and the
front of the building facing tha intersection of Locust Grove Road
and Fairview Avenue. By situating the proposed building on the
property in this manner, the view corridors from the intersection
of Locust Grove Road and Fairview Avenue are not blocked. The
Applicant fully intends to comply with the comments in the
memorandum [from City staff]. Additionally, Mr. Geyer has agreed
to landscape and place a sidewalk in the area between the D & B
Supply's building and tha proposed building. The Applicant has no
problem with the landscape requirements, including the number of
trees. With reference to item number 9 of City staff's comments,
the Applicant is in favor of the amendment to the development
agreement. The Applicant desires to clearly delineate the
responsibilities between the Applicant and D 6 B Supply under the
existing development agreement. The Applicant has proposed
language for •uch amendment.
5. In reaponee to questions of Commissioner Smith, Mr.
Zimmerman testified substantially as follows. The height of the
proposed building is 25 feet. With reference to the went elevation
of the proposed building, the display on the side of the building
is temporary in nature and advertises that the business in the
proposed building ie coming soon. The entrance to the proposed
building pope out or protrudes from the front wall of the building;
there is not stepping of the material or depth of the walls of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
RZ BOLDINGS LLC
proposed building. The building will be painted, and the colors of
the building resemble the color chips presented to the Commission
at the hearing. The Applicant is proposing to use non-reflective,
tempered glass for the proposed building.
6. In response to questions of Commissioner MacCoy, Mr.
Zimmerman testified substantially as follows. The material of the
proposed building is a dryvet material, which looks like a concrete
finish. The dryvet is applied by a etyrofoam and then a concrete
finish is placed over the top of it to obtain the mountain profile.
The Applicant has had several discussions with City staff.
Appropriate and safe access to the property is a concern to the
Applicant. The Applicant has received comments from the Ada County
Highway District pertaining to the requirement of a median to
prevent left-hand turns from Fairview Avenue to access the
property. Mr. Geyer has agreed ae part of our agreement concerning
the development of the property to extend an access road from D &
B Supply's parking lot, by which access from Fairview Avenue will
be provided to the property. This access road from D & H Supply's
parking lot will provide access for the Fire Department as well.
Consequently, although not shown on the Applicant's Bite plan, in
accordance with the comments of the Ada County Highway District,
the Applicant has agreed with Mr. Geyer to install access to the
parking lot of D & B Supply. Until the parcel of property between
D & B Supply and the property is developed, there will be an access
road between the D 8 B Supply property and the property. The
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Yage 4.
RZ HOLDINGS LLC
access road will cross the parcel of property between D & B Supply
and the property straddling the property line.
7. In response to questions of Commissioner Borup, Mr.
Zimmerman testified substantially as follows. The request of the
Ada County Highway District to dedicate 48 feet of right-of-way was
a surprise to the Applicant because of the agreement reached for
the 45 feet of right-of-way, which is depicted on the Applicant's
site plan. If the Applicant cannot come to terms with the Ada
County Highway District for its purchase of the additional three
feet of right-of-way, the Applicant would be willing to grant an
easement for such additional right-of-way. Because this right-of-
way affects the parcel of property south of the property, an
agreement concerning the amount of property sventually dedicated to
the Ada County Highway District will have to be reached between the
Ada County Highway District, the Applicant, Mr. Schrandt and Mr.
Geyer. The Applicant fully intends to cooperate with the Ada
County Highway District to install the median and to meet its
requirements on this application. The Applicant is pursuing a
median on Locust Grove Road as well. !!r. Zimmerman believes that
Mr. Sales of the Ada County Highway District is fairly adamant that
the medians be constructed until such time as the right-of-way
issue is resolved. There has been no discussion of the
construction of a median on Fairview Avenue to the north of Locust
Grove Road. The Applicant recognizes the importance of installing
traffic mitigation measures. With regard to sidewalks, the
Applicant's responsibility is to construct sidewalks on his
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
RZ HOLDINGS LLC
property from the proposed curb cut from Fairview Avenue. Mr.
Schrandt has agreed to comply with item number five of the City
staff's comments, which requires the area between D & 8 Supply and
the property to be landscaped and sidewalks installed. With regard
to parcel 4 to the south of the property, the Applicant has
attempted to cooperate with the present owner of that parcel of
property. The sidewalks and landscaping depicted on parcels 3 and
4 are a mistake; they are not to be installed at this time. With
regard to pedestrian access from Fairview Avenue and Locust Grove
Road, a pedestrian cross walk would be required to permit the
circulation through the property. The Applicant would be pleased
to comply with such type of pedestrian access requirement. This
type of access is an aspect which the Applicant would absolutely
consider. The Applicant intends to meet the requirements of City
staff, and it will work very closely with City staff to incorporate
some form of pedestrian access. However, it would prefer to
maintain the traffic pattern of circulation within the property not
only for vehicles, but also Fire Department access. Two access
points into the property are very important.
8. In response to further questions of Commissioner NacCoy,
Mr. Zimmerman testified substantially as follows. The lights
depicted on the presented elevation will light the building. The
purpose of the lighting is to wash the building, which he believes
to be at a 45 degree angle. The Applicant is not going to install
neon signs that flash on and off. The sign(s) will be lit and
attractive, but will not flash. The Applicant has a lighting plan
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
RZ HOLDINGS LLC
for the parking lot. Although he is uncertain of the wattage of
the lights, of utmost concern is safety for pedestrian access. The
lights in the parking area will be typically 25 feat in height with
a box, and the lighting will be directed downward. The lighting
will not illuminate the surrounding properties.
9. In response to further questions of Commissioner Smith,
Mr. Zimmerman testified substantially as follows. The proposed
business for the property is a national chain store. The
Applicant's closest store is in Twin Falls, Idaho.
10. In reaponae to a question of Chairman Johnson, Mr.
Zimmerman testified substantially as follows. The proposed
building and store is a prototype, standard building for the
business.
11. Barbara Clark Myall testified substantially as follows at
the hearing. She owns approximately 18 acres immediately south of
Wilson Lane commonly known as 1470 North Locust Grove Road. This
property presently consists of a private residence and agricultural
land. Her property borders the entire length of Wilson Lane and is
approximately 400 feet south of Fairview Avenue. The Meridian
Comprehensive Plan identifies this area ae mixed use. She briefly
reviewed recently the recommendations of the Ada County Highway
District concerning this project. She placed a telephone call to
Larry Sale of the Ada County Highway District, but she has not been
able to speak with him. Aa a result of not being able to contact
Mr. Sale, she is expressing her traffic concerns to the Commission.
One of her concerns is the requirement by the Ada County Highway
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
RZ HOLDINGS LLC
District to construct a median 310 feet in length down Locust Grove
Road. The median would lay beyond the entrance to the property.
Wilson Lane is the next available road on which to turn. Vehicles
traveling south on Locust Grove would foreseeably proceed down
Wilson Lane to access the rear driveway of D & B Supply and to
travel to the property. She is concerned about the amount of
traffic which would be generated on Wilson Lana. She and her
tenant have observed many vehicles traveling on Wilson Lane to
access D & B Supply. Another foreseeable act of those traveling on
Locust Grove Road is to make a "U" turn around the median to travel
back to the access point for the property on Locust Grove Road.
The Ada County Highway District estimates 750 vehicles tripe per
day will be generated by this proposed development. She is
concerned about the accessibility from Wilson Lane.
12. In response to questions of Chairman Johnson, Barbara
Clark Myall testified substantially as follows. She knows her
property will eventually be developed; however, she did not have
the comments of the Ada County Aighway District until recently.
She knows that there exists the problem of accessibility to the
property due to the amount of traffic at the intersection of Locust
Grove Road and Fairview Avenue. But as she did not receive a copy
of the Ada County Highway District's comments until recently, she
did not know how such problem would be addressed. Wilson Lane is
an Ada County road, but it dead ends and does not have sidewalks or
other improvements on either side.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page S.
RZ HOLDINGS LLC
13. Bruce Freckleton, Assistant to the City Engineer, and
Shari Stiles, Planning and Zoning Administrator, submitted general
and site specific comments which comments are incorporated herein
as if set forth in full. Their general 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. Plana will need to
be approved by the appropriate irrigation/drainage
district, or lateral users associntion, 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 determine the seasonal high
groundwater elevation, and submit a profile of the
subsurface soil conditions as prepared by a soil
scientist with the development plans;
d. A surety will be secured for any uncompleted
improvements prior to a temporary Certificate of
Occupancy being issued;
e. The Applicant is to coordinate fire access and
hydrant locations in accordance with the City of
Meridian's Water Superintendent's and Meridian Fire
Department's policies. Fire hydrant locations shall be
depicted on development plans;
f. Handicap parking, associated signage and building
construction shall meet the requirements of the Americnns
with Disabilities Act;
q. All aigna must meet the requirements of the Uniform
Sign Code and Meridian City Ordinance. Flashing signs
and temporary aigna will not be permitted. All signs are
subject to review and approval of the Planning & Zoning
Department. Sign permits are to be obtained prior to
construction. Upon three days notice to any tenant, the
City of Meridian may remove any unauthorized signage;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
RZ HOLDINGS LLC
h. Screened trash enclosures are to be provided in
accordance with City ordinance. The Applicant is to
coordinate dumpster site locations with the City's solid
waste contractor and locate dumpstere so as not to impede
fire access; and
i. All driveway and parking areas shall be paved, with
all driveway accesses approved by the Ada County Highway
District. Graveled driveways, parking areas and accesses
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-
atreet parking areas. All site drainage shall be
contained and disposed of on-site. All driveway and
parking stall dimensions shall comply with City
ordinance.
Their site specific comments included the following:
a. Sanitary sewer service to this site will be via an
extension from the sewer mains installed in Locust Grove
Road or Wilson Lane. The treatment capacity of the
Meridian Wastewater Treatment Plant is currently being
evaluated. Approval of this application needs to be
contingent upon the City's ability to accept the
additional sanitary sewage generated by this proposed
development. The project designer is to coordinate main
sizing and routing with the Meridian Public Works
Department;
b. Water service for this development shall be off of
an extension of an existing water main in Locust Grove
Road or Wilson Lane. Water service to this development
is contingent upon positive results from a hydraulic
analysis by the City's computer model. The project
designer is to coordinate sizing and routing with the
Meridian Public Worke Department. The water mains and
fire hydrants shall be installed by the developer and
then dedicated to the City for ownership and maintenance;
c. The Applicant is to provide parking lot lighting
plane to the Meridian Public Worke Department.
Illumination of the site ehnll be designed not to cause
glare or adversely impact neighboring residential
properties or the traveling public, as determined by the
City of Meridian;
d. All landscaping is to meet the requirements of
Ordinance Section 11-2-414 D.2. With the pavement area
shown, a total of 21 three inch caliper trees are
required. Detailed landscape plane will be reviewed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10.
RZ HOLDINGS LLC
during the building permit approval process. A minimum
25 feet landscape setback is required on Fairview Avenue
beyond the required right-of-way. A minimum 15 feet
landscape setback is required on Locust Grove Road;
e. The plan submitted shows a sidewalk along Locust
Grove Road and Wilson Lane. However, representations
have been made that the Applicant intends to only improve
the parcel being developed at this time. At a minimum,
sidewalk and landscaping improvements should be completed
to fill the gap between D & B Supply and Hollywood Video;
f. Pedestrian walkways are not shown within this
development, with the exception of those immediately
adjacent to the building. A system of safe pedestrian
access (not in driveways) should be incorporated into the
plan;
g. The Applicant is to provide evidence (recorded
warranty deed) that needed right-of-way has been
dedicated prior to obtaining building permits. The
Applicant ie to provide letters of approval from Ada
County Highway District and the Idaho Transportation
Department for roadway accesses prior to obtaining
building permits;
h. Significant changes from the site plan approved
under this conditional use permit, as determined by the
Planning & Zoning Administrator, will require re-noticing
and rehearing before the Planning & Zoning Commission and
Council;
i. A development agreement which includes this property
was recorded with D & B Supply as a condition of
annexation and zoning. An addendum to the agreement may
be needed to incorporate requirements of this Conditional
Use Permit; and
j. The Applicant has submitted a lot line adjustment
survey to reconfigure four existing lots in Pleasant
Valley Subdivision as shown on the application.
14. The Meridian Police 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page il.
RZ HOLDINGS LLC
15. The Meridian Fire Department submitted comments on the
subject application, which comments are hereby incorporated herein
as if set forth in full; as long as all codes are met, it will have
no objection.
16. The Nampa & Meridian irrigation District has submitted or
may submit comments on the subject application, which comments are
hereby incorporated herein or shall be incorporated herein when
submitted as if set forth in full.
17. 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 an
appropriate BMP should be used for stormwater run-off that provides
treatment before discharge to the subsurface.
18. The Ada County Highway District submitted comments, and
such comments are hereby incorporated herein ae if set forth in
full. Its comments included, but are not limited to, the
following:
a. The Applicant is to dedicate 48 feet of right-of-way
from the centerline of Locust Grove 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
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
wishes to be paid for the additional right-of-way, the
owner must submit a letter of application to the impact
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 12.
RZ HOLDINGS LLC
fee administrator prior to breaking ground in accordance
with Section 15 of ACHD Ordinance #188;
b. The Applicant is to provide a recorded cross access
easement to the parcels to the east and south to use this
parcel for access to the public streets prior to issuance
of a building permit (or other required permits). The
District intends to require a similar agreement of the
owners of the parcels to the east and south if they are
the subject of a future development application;
c. The Applicant is to construct a five feet wide
detached concrete sidewalk on Locust Grove Road abutting
the parcel. The Applicant is to locate the sidewalk one
foot within the right-of-way of Locust Grove Road;
d. The Applicant is to construct a five feet wide
detached concrete sidewalk on Fairview Avenue abutting
the parcel. The Applicant is to locate the sidewalk one
foot within the right-of-way of Fairview Avenue;
e. Utility street cute in new pavement leas than five
years old are not allowed unless approved in writing by
the District;
f. The Applicant is to construct a 24 to 30 feet wide
driveway with 15 feet radii pavement tapers on Fairview
Avenue, located as proposed 225 feet east of Locust Grove
Road. This driveway is restricted to right turns only
because of an existing median in the center of Fairview
Avenue. The Applicant shall install appropriate signs
for the right-in, right-out driveway, as determined by
District staff;
q. The Applicant is to provide a minimum of 50 feet of
on-site stacking for both the inbound and outbound trnvel
lanes. Stacking distance shall be defined ae the
distance between the future back curb of Fairview Avenue
to near edge of any internal driveway. The Applicant is
to coordinate the stacking distance of the driveway with
District staff;
h. The Applicant is to construct a 24 to 30 feet wide
driveway with 15 feet radii pavement tapers on Locust
Grove Road, located as proposed 225 feet east of Fairview
Avenue. This driveway is restricted to right turns only
because of an existing median in the center of Fairview
Avenue. The Applicant shall install appropriate signs
for the right-in, right-out driveway, as determined by
staff;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13.
RZ HOLDINGS LLC
i. The Applicant is to provide a minimum of 50 feet of
on-site stacking for both the inbound and outbound travel
lanes. Stacking distance shall be defined as the
distance between the future back of curb of Locust Grove
Road to near edge of any internal driveway. The
Applicant is to coordinate the stacking distance of the
driveway with District staff;
j. The Applicant is to construct a six inch center
median on Locust Grove Road from the atop bar at the
Locust Grove Road/Fairview Avenue intersection to a point
310 feet south of the intersection. The Applicant is to
coordinate the design and location of the median with
District staff;
k. As required by District policy, restrictions on the
width, number and locations of driveways, shall be placed
on future development of this parcel; and
1. Other than the access points specifically approved
with this application, direct lot or parcel access to
Fairview Avenue and Locust Grove Road is prohibited.
19. There were no other comments by the public regarding this
application.
20. The property is currently zoned (C-G) General Retail and
Service Commercial. The (C-G) General Retail and Service
Commercial is described in the Zoning and Development Ordinance,
11-2-408 B. 12. as follows:
(C-G1 General Retail and Service Commercial: The purpose
of the (C-G) District is to provide for commercial uses
which are customarily operated entirely or almost
entirely within a building; to provide for a review of
the impact of proposed commercial uses which are auto and
service oriented and are located in close proximity to
major highway or arterial attests; 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 14.
RZ HOLDINGS LLC
21. Ordinance 677 of the City of Meridian pursuant to which
the property was annexed into the City of Meridian and zoned (C-G)
General Retail Service Commercial provides in part, "that the
annexation and zoning is subject to the conditions referenced in
the Findings of Fact and Conclusions of Law as adopted by the
Meridian Council on the request for annexation and zoning." The
Findings of Fact and Conclusions of Law adopted by the Meridian
Council for annexation and zoning of the property states in part at
paragraph 13. of the CONCLUSIONS, ". any use or development of
the property shall only be allowed as a conditional use with design
review." Consequently, a conditional use permit for the operation
of an automobile emission testing van at and upon the property is
required.
22. 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."
Olr 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.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15.
RZ HOLDINGS LLC
n
u
3. The City has the authority to tnke 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
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 11-2-416 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 sat time period for which a
Conditional uee 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 Ordinnnce 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 :nay take judicial
notice.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16.
KZ HOLDINGS LLC
s •
7. Section 11-2-418 C of the Zoning .And Development
Ordinance of the City of Meridian sets forth the standards under
which the Planning and Zoning Commission and the City Council shall
review applications for Conditional Use Permits. Upon a review of
those requirements and a review of the facts presented and the
conditions of the area, assuming that the above conditions or
similar ones thereto would be attached to the conditional use, the
Planning and Zoning Commission concludes as follows:
a. Pursuant to the conditions for the annexation and
zoning of the property a conditional use permit would be
required;
b. The use would be harmonious with and in accozdance
with the Comprehensive Plan and the Zoning Ordinance;
c. The use is designed and is, apparently, to be
constructed so as to be harmonious in appearance with the
character of the general vicinity. If the conditions set
forth herein are complied with the use should be operated
and maintained to be harmonious with the intended
character of the general vicinity and should not change
the essential character of the area;
d. The use would not be hazardous nor should it be
disturbing to existing or future neighboring uses if the
conditions are met; however, traffic may increase, but
the development will have a vehicular approach to the
property which shall be designed to decrease interference
with traffic on surrounding public streets;
e. The 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 the Applicant may
have to pay additional fees for the use;
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community;
g. If the conditions are met, the use should not
involve a use, activity, process, material, equipment or
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 17.
RZ AOLDINGS LLC
r
~_
conditions of operation that would be detrimental to
person, property or the general welfare by reason of
excessive production of traffic, noise, awoke, fumes,
glare or odors;
h. The Applicant will cause the property to have
vehicular approaches 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, recoumiendations
and requirements of the City Engineer's office and the
Planning and Zoning Administrator, which include, but are
not limited to the following:
(1) Any existing irrigation/drainage ditches crossing
the property to be included in this project, shall
be tiled per City Ordinance 11-9-605 M. Plans
shall submitted to and approved by the appropriate
irrigation/drainage district, or lateral users
association, with written confirmation of said
approval submitted to the Public Works Department;
(2) Any existing domestic wells andlor septic systems
within this project shall be removed from their
domestic service per City Ordinance Section 5-7-
FINDINGS 08 FACT AND CONCLUSIONS OF LAW - Page 18.
RS HOLDINGS LLC
517. wells may be used for non-domestic purposes
such as landscape irrigation;
(3) The Applicant shall determine the seasonal high
groundwater elevation, and submit a profile of the
subsurface soil conditions as prepared by a soil
scientist with the development plans;
(4) The Applicant shall secure a surety for any
uncompleted improvements prior to a temporary
Certificate of Occupancy being issued;
(5) The Applicant shall coordinate fire access and
hydrant locations in accordance with the City of
Meridian's Water Superintendent's and Meridian Fire
Department's policies. Fire hydrant locations
shall be depicted on development plans;
(6) Handicap parking, associated aignage and building
construction shall meet the requirements of the
Americans with Disabilities Act;
(7) All signs shall meet the requirements of the
Uniform Sign Code and Meridian City Ordinance.
Flashing signs and temporary signs shall not be
permitted. All signs shall be subject to review
and approval of the Planning & Zoning Department.
Sign permits shall be obtained prior to
construction. Upon three days notice to any
tenant, the City of Meridian may remove any
unauthorized aignage;
(8) Screened trash enclosures shall be provided in
accordance with City ordinance. The Applicant
shall coordinate dumpster site locations with the
City's solid waste contractor and locate dumpsters
so as not to impede fire access;
(9) All driveway and parking areas shall be paved, with
all driveway accesses npproved by the Adn County
Highway District. Graveled driveways, parking
areas and accesses are unacceptable. 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-
atreet parking areas. All site drainage shall be
contained and disposed of on-site. All driveway
and parking stall dimensions shall comply with City
ordinance;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19.
RZ HOLDINGS LLC
(10) Sanitary sewer service to this site shall be
through an extension from the sewer mains installed
in Locust Grove Road or Wilson Lane. Aa the
treatment capacity of the Meridian Wastewater
Treatment Plant is currently being evaluated, the
approval of this application is contingent upon the
City's ability to accept the additional sanitary
sewage generated by this proposed development. The
project designer shall coordinate main sizing and
routing with the Meridian Public Works Department;
(11) water service for this development shall be off of
an extension of an existing water main in Locust
Grove Road or Wilson Lane. Water service to this
development ie contingent upon positive results
from a hydraulic analysis by the City's computer
model. The project designer shall coordinate
sizing and routing with the Meridian Public works
Department. The water mains and fire hydrants
shall be installed by the developer and then
dedicated to the City for ownership and
maintenance;
(12) 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 or the traveling public, as
determined by the City of Meridian;
(13) All landscaping shall meet the requirements of
Ordinance Section 11-2-414 D.2. Sased upon the
pavement area of the property, a minimum of 21
three inch caliper trees shall be required.
Detailed landscape plans will be reviewed during
the building permit approval process;
(14y A minimum 25 feet landscape setback shall be
required on Fairview Avenue beyond the required
right-of-way, and a minimum 15 feet landscape
setback shall be required on Locust Grove Road;
(15) Sidewalk and landscaping improvements shall be
completed to fill the area of land between D 6 B
Supply and Hollywood Video;
(16) A system of safe pedestrian access, not in the area
of driveways, shall be incorporated into the plan;
(17) Prior to obtaining building permits, the Applicant
shall provide evidence, by recorded warranty deed
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 20.
KZ HOLDINGS LLC
or such other evidence satisfactory to the City of
Meridian, that needed right-of-way has been
dedicated;
(18) The Applicant shall provide letters of approval
from Ada County Highway District and the Idaho
Transportation Department for roadway accesses
prior to obtaining building permits;
(19) Any significant changes from the site plan approved
under this conditional use permit, as determined by
the Planning & Zoning Administrator, shall require
re-noticing and rehearing before the Planning &
Zoning Commission and Council; and
(20) If needed, as determined by the City of Meridian,
an addendum shall be added to that certain
development agreement entered into and recorded as
a condition of annexation and zoning of the
property to incorporate the requirements of this
Conditional Use Permit.
d. The Applicant must meat and comply with the ca~mments,
recommendations and requirements of the Meridian Police
Department, the Meridian Fire Department, the Meridian
Sewer Department, the Nampa & Meridian Irrigation
District, and the Central District Health Department;;
e. The Applicant must meet and comply with the comments,
recommendations and requirements of the Ada County
Highway District, which include, but are not limited to
the following:
(1) The Applicant shall dedicate 48 feet of right-of-
way from the centerline of Locust Grove 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 occurs first;
(2) The Applicant shall provide a recorded crone nccess
easement to the parcels to the east and south to
use this parcel for access to the public streets
prior to issuance of a building permit or other
required permits;
(3) The Applicant shall construct a five feet wide
detached concrete sidewalk on Locust Grove Road
abutting the parcel. The Applicant is to locate
the sidewalk one foot within the right-of-way of
Locust Grove Road;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 21.
KZ HOLDINGS LLC
(4) The Applicant is to construct a five feet wide
detached concrete sidewalk on Fairview Avenue
abutting the parcel. The Applicant is to locate
the sidewalk one foot within the right-of-way of
Fairview Avenue;
(5) Utility attest cuts in new pavement less than five
years old shall not be allowed unless approved in
writing by the Ada County Highway District;
(6) The Applicant shall construct a 24 to 30 feet wide
driveway with 15 feet radii pavement tapers on
Fairview Avenue, located as proposed 225 feet east
of Locust Grove Road. This driveway shall be
restricted to right turns only. The Applicant
shall install appropriate signs for the right-in,
right-out driveway, as determined by District
staff;
(7) The Applicant shall construct a 24 to 30 feet wide
driveway with 15 feat radii pavement tapers on
Locust Grove Road, located as proposed 225 feet
east of Fairview Avenue. This driveway shall be
restricted to right turns only. The Applicant
shall install appropriate signs for the right-in,
right-out driveway, as determined by Ada County
Highway District staff;
(8) The Applicant shall provide a minimum of 50 feet of
on-site stacking for both the inbound and outbound
travel lanes for both Locust Grove Road and
Fairview Avenue. The Applicant shall coordinate
the stacking distance of the driveway with Ada
County Bighway District staff;
(9) The Applicant shall construct a six inch center
median on Locust Grove Road from the atop bar at
the Locust Grove Road and Fairview Avenue
intersection to a point 310 feet south of the
intersection. The Applicant shall coordinate the
design and location of the median with District
staff;
(10) As required by Ada County Highway District policy,
restrictions on the width, number and locations of
driveways, shall be plnced on future development of
this parcel; and
(11) Other than the access points specifically approved
with this application, direct lot or parcel access
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22.
RZ HOLDINGS LLC
to Fairview Avenue and Locust Grove Road is
prohibited.
f. All ordinances of the City of Meridian must be met,
including but not limited to, the Uniform Building Code,
Uniform Fire Code, Uniform Plumbing Code, the Fire and
Life Safety Codes, all parking and landscaping
requirements.
9. The above-conditions are concluded to be reasonable and
the Applicant shall meet these conditions.
10. It is recommended that if the Applicant meets the
conditions stated above, that the conditional use permit be grunted
to the Applicant.
APPROVAL OF FINDINt38 OF FACT AND
OF LAN
The Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these Findings of Fact and Conclusions
of Law.
ROLL CALL
COMMISSIONER BORUP
COMMISSIONER MANNING
COMMISSIONER MACCOY
COMMISSIONER SMITH
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED ~ _ /
VOTED ~ W " l7J'~
VOTED ~r ~I)~~~
VOTED ~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23.
RZ HOLDINGS LLC
~ a
DECISION AND
The Planning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that it approve the
Conditional Use Permit requested by the Applicant for the 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. The Applicant, if determined by City staff
to be necessary, shall enter into an addendum to the Development
Agreement entered into by the City and D b S Supply, Inc., which
was entered into as a result of the annexation of the property into
the City.
xoTloN:
APPROVED DISAPPROVED:
~~~~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24.
RZ HOLDINGS LLC
C,
C~
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
ROGER MICHENER
USE PERMIT FOR A MULTI-TENANT RETAIL CENTER
519 E. FAIRVIEW AVENUE
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing on
June 10, 1997, at the hour of 7:00 o'clock p.m., the Applicant
appearing through hie representative, Hoyt Michener, and on July 6,
1997, at the hour of 7:00 o'clock p.m., the Applicant appearing
through his representative, Lawrence Ross, 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:
FINDINt~B OF FACT
1. A notice of a public hearing on the application for the
conditional use permit wne published for two (2) consecutive weeks
prior to said public hearing scheduled on June 10, 1997, the first
publication of which was fifteen (15) days prior to said hearing;
that said public hearing was continued to July 8, 1997; that the
matter was duly considered at the June 10, 1997 and July 8, 1997
hearings; 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.
ROGER MICEENER - CONDITIONAL USE PERMIT
2. The property contains approximately 1.4 acres and is
located within the City of Meridian at 519 E. Fairview Avenue. The
property is described in the application which description is
incorporated herein. The Applicant is not the owner of record of
the property. Tha record owners of the property are Robert G. and
Patricia A. Jacobsen, and they have consented to the application
for the conditional use permit.
4. Pursuant to the application, the property is presently
bare. The proposed use of the property is to construct a multi-
tenant retail center.
5. Hoyt Michener, the representative of the Applicant,
testified substantially as follows at the June 10, 1997 public
hearing. The Applicant has reviewed the comments submitted on this
application, and asked for some clarifications on some of those
comments. With regard to the Comm®nt concerning cross access
easements, the Applicant is planning to provide access to the south
property through a recorded easement. As to the properties located
to the east and west of the property, the Applicant is not aware of
what the planned use of the properties are. Consequently, he does
not know whether cross access is necessary. The Applicant plans to
meet all the minimum landscaping requirements, and a 20 feet
planting strip would be acceptable to the Applicant. With regard
to fire access and hydrant locations, two hydrants have been
requested. The Applicant does not know the desired location of the
hydrants or the demand for those hydrants. If two fire hydrants
are required for the Applicants proposed building, the Applicant
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
ROGER MICHENER - CONDITIONAL USE PERMIT
would comply, but wants to know the specific location for the
hydrants. However, the Applicant desires that he be required to
install only one hydrant. The trees for the landscaping are not a
problem. The Applicant plans to landscape the four aides of the
property. The requirement of a screening for the trash
receptacles/dumpster is not a problem. With regard to the
dedication of an additional four feet of right-of-way on Fairview
Avenue, which may effect the purchase price of the property, that
issue and the question of reimbursement are matters for the
Applicant snd the Ada County Highway District. However, the
dedication of the additional right-of-way does affect the siae of
the building and meeting the minimum set back, landscaping and
other site specific requirements. The Applicant requests
clarification on the requirement of the erection of a fence to
contain debris during the construction of the building.
6. At the June 10, 1997 public hearing, Commissioner Borup
commented that the purpose of the requirement that a fence be
erected during construction of the building is to contain debris on
the property and off adjoining properties.
7. Hoyt Michener further testified substantially as follows
at the June 10, 1997 public hearing. The construction of a six
foot high concrete wall along the boundary between the property and
the adjacent mobile home park is a concern of the Applicant. With
regard to providing sewer to the property, the Applicant desired to
connect the property to the sewer through Fairview Avenue.
However, as Fairview Avenue has been resurfaced, and Ada County
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
ROGER MICHENER - CONDITIONAL USE PERMIT
Highway District prohibits the cutting of new pavement for a period
of five years, the sewer could possibly be stubbed in to the line
east of the property.
8. City Engineer, Gary Smith, commented at the June 10, 1997
hearing as follows. There exists a lot of missing information on
the site plan. Many of the questions and issues could be answered
by information on the site plan, such as where the property will
connect to sewer and water. As provided in the City staff's
comments, a new site plan needs to be submitted.
9. In response, Hoyt Michener testified at the June 10, 1997
hearing that when the property was put under contract to purchase,
many things needed to be accomplished such as a rezone of the
property and securing a conditional use permit. The Applicant is
attempting to jump several hurdles to get this project moving
forward quickly. He does not know whether the Applicant can
accomplish all these tasks to everyone's satisfaction. With regard
to the sewer connection, the only option apparently available is to
connect the property to the sewer line through the property to the
east.
10. At the June 10, 1997 hearing, City Engineer, Gary Smith,
commented that he would not support cutting the new pavement on
Fairview Avenue. With regard to connecting the property to sewer,
the Applicant needs to extend the line to the sewer line which .runs
along Five Mile Creek, and he does not know the location of the
property in relation to Five Mile Creek. The Roundtree Chevrolet
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
ROGSR MICHENER - CONDITIONAL USE PERMIT
property does not connect to sewer through Fairview Avenue. It
connects through Danbury Fair Subdivision.
11. Karen Gallagher of the Adn County Highway District
testified substantially as follows at the June 10, 1997 public
hearing. Pursuant to the Ada County Highway District's staff
report there is no right-of-way which is required. However, the
Ada County Highway District needs 54 feet of right-of-way from the
centerline of Fairview Avenue. If it needs four feet of additional
right-of-way, it will pay for the additional right-of-way. Aa
Fairview Avenue is an arterial, the funding for the acquisition of
the additional right-of-way will come through impact fees
collected.
12. In response to questions of Commissioner Borup, Raren
Gallagher testified at the June 10, 1997 hearing that the Ada
County Highway District has requested only the cross access south
of the property. The Five Mile Creek presence a problem with
regard to cross access, making such access not feasible. The south
cross access is an access with which the Ada County Highway
District can work and eliminate an access point on Fairview Avenue.
13. In response to questions of Commissioner MacCoy, Hoyt
Michener testified substantially as follows at the June 10, 1997
public hearing. The Applicant dose not have an elevation schematic
for the proposed building. To this point, the Applicnnt hna
expended $2,000.00 on the plan for the property. The Ada County
Highway District requested a single curb cut which. caused the
Applicant to redraw his plane. The Applicant has spent a
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 5.
ROGER MICHENER - CONDITIONAL USE PERMIT
considerable amount of money to redraw the plane to meet the
requirements of other agencies. The Applicant has not done a full
sat of plans, and it does not plan to do n full set of plans unless
approval for the proposed development is secured. However, the
Applicant can prepare a front view, with a color scheme, of the
proposed building. The proposed building will be a mason block
designer color with raised block around banded color. The front of
the building will be glass for retail display and visibility. The
interior ceilings will be typical height of 8 feet to 10 feet, with
an additional four feet for duct work and ceiling access. The
Applicant is uncertain ae to the design of the roof, although it
may be a flat roof. The Applicant does not like metal buildings.
With regard to the building plans or schematics, the Applicant did
not know whether it had to expend the money not knowing whether the
application for rezone would be approved. The present primary
objective of the Applicant is to secure the rezone of the property.
The requested rezone fits with the City's Comprehensive Plan.
There ie definitely a demand in Meridian for retail space. The
Applicant does a lot of leasing and sales of commercial real
estate. There presently exists a high demand for retail space.
The property is prime property because it is close to downtown.
The Applicant has had a significant interest from retail type
users. Securing the rezone of the property ie paramount to
pursuing the project and investing money into it.
14. In response to further questions of Commissioner MacCoy,
Hoyt Michener testified at the June 10, 1997 hearing substantially
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
ROGER MICHENER - CONDITIONAL USE PERMIT
as follows. The Applicant has received a copy of the letter from
the owner of Elm Grove trailer park, concerning the six foot high
concrete wall between the property and the trailer park. He
recognizes that the wall will be a visual barrier, but he does not
know how beneficial the wall will be as a sound barrier. The
Applicant can review the request for the concrete wall, and the
Applicant does not have a problem with constructing the wall.
However, he does not know whether the wall should go east and west
across the southern property line of the property. Based upon past
commercial development, the wall is not an unusual request. The
Applicant would prefer to split equally the expense of the fence
with the owner of the trailer park. The Applicant does not
presently want to extend the concrete wall across the southern
portion of the property. The Applicant is willing to meet with the
owner of the trailer park.
15. In response to a question of Commissioner Smith, Hoyt
Michener substantially testified at the June 10, 1997 public
hearing that the land south of the property is one parcel which is
zoned R-8.
16. Robert Jacobsen testified substantially as follows at the
June 10, 1997 public hearing. He is the owner of the land which is
directly south of the property. He would not require a visual or
a sound wall between his land and the property; no need presently
exists for such a wall. With regard to his property, he presently
has no specific plane for it. The land is presently zoned R-8, and
he may seek a rezone in the future.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
ROGER MICEENER - CONDITIONAL USE PERMIT
17. Loren Rosa testified substantially as follows at the June
10, 1997 public hearing. He is the owner of the land to the west
on which the Elm Grove trailer park is located, and the comments he
has made in his letter received by the City of Meridian on May 12,
1997, is an expression of his comments and concerns pertaining to
the application. With regard to the southerly access to the
property, such access will impact his trailer park due to the close
proximity of the traffic, and eight or nine residents of the
trailer park. What occurs at the rear of commercial buildings
gives rise to his concern and request for a sight and sound wall.
Dependent upon the occupants of the building, activities, noise and
light disturbance can occur early in the morning and late in the
evening. Based upon the site plane he has reviewed, lights will
shine into the residences of the trailer park. Consequently, he
requests the concrete wall. He also has a concern of the nature of
the businesses which will occupy the property.
18. Loren Ross submitted a letter received by the City of
Meridian on May 12, 1997, which letter is incorporated herein as if
set forth in full. This letter provides in parts
His property includes a 12,000 sq. ft. commercial
building (405/407 E. Fairview) that ie part currently
occupied by New Horizons Child Care, Idaho, Inc. and Elm
Grove Trailer Park, a 40 unit mobile home park.
I wish to go on record with the following concerns
in which the above proposed project may impact my
property:
1. Noise. I would request that noise levels be
kept within an acceptable decibel level to
continue with the same "business as usual"
that New Horizons Child Care is currently
experiencing. Squally, if not of more
concern, is the impact on the occupants within
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
ROGER MICHENER - CONDITIONAL USE PERMIT
Elm Grove Trailer Park. The proposed project
will be within very close proximity to the
mobile home community.
2. Sight. Early morning and late night lights from
customers, employees, and delivery trucks,
specifically parking/freight area behind the
proposed project, would shine directly into the
mobile homes within Elm Grove Trailer Park. This
is not acceptable.
i would request a sound & sight barrier in the form
of a pumice block wall, minimum height of 6 feet,
accompanied with landscaping to soften/eliminate activity
that may negatively impact my property. At a minimum,
the wall needs to commence at the rear of my commercial
building (New Horizons Child Care) and continue south for
the duration of the project. At that point, the wall
needs to continue eastward the width of the proposed
project.
Priority should be given to construction of the
sound and sight barrier prior to building construction to
eliminate all of the above mentioned concerns as well as
blowing dust and debris during the construction phase.
,e • r ,r
In conclusion, I welcome the proposed project with
the above concerns properly addressed by the members of
this commission and the owners of the proposed project.
However, if decisions, or the lack thereof, made by
members of this commission or the owners of the proposed
project should result in a negative impact and/or loss of
revenues to Elm Grove Trailer Park and my commercial
building at 405/407 8. Fairview (currently Horizons Child
Care), this may result in litigation to remedy the
problem.
19. In response to a question of Commissioner Smith at the
June 10, 1997 public hearing, Loren Ross testified that he is not
presently willing to comment on the sharing of the cost of
construction of the concrete wall between his property and the
property.
20. In response to questions of Commissioner Borup at the
June 10, 1997 public hearing, Loren Rosa testified substantially as
follows. With regard to the site plan which he received and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Pags 9.
ROGHR MICHENER - CONDITIONAL USE PERMIT
reviewed, the first mobile home is close to the south end of the
play area for the child care center on hie property. There is
screening between the play area and the mobile home park. The
fence is six feet high and has slats to reduce the noise from the
play area. The children are not in the play area very much or on
an ongoing basis. The children are inside most of the time, and
the day care runs, approximately, normal business hours. By 6s00
p.m., the children have been picked up, whereas the retail business
on the property could operate until midnight. He has owned his
land for approximately 45 years. The building has been used for
retail furniture businesses before it was used for day cares. He
is not against the development of the property, but desires certain
constraints to be imposed to protect the surrounding properties.
The types of businesses and lessees change over time, and the
different types of businesses and tenants cause different types of
impacts.
21. The Planning and Boning Administrator commented at the
June 10, 1997 public hearing substantially as follows. A bar would
not be a permitted use, although it may be permitted through a
conditional use in the (C-G) General Retail and Service Commercial
zone. Restaurants are permitted uses in the C-G zone; however, she
thinks the City can place restrictions, or at least have some
design review, as tenants start to occupy the property. Any change
in use would require that a conditional use permit be obtained for
such change in use. The Applicant's application for n conditional
use permit is requesting retail only. Although the possibility
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 10.
ROGHR MICHENHR - CONDITIONAL USH PERMIT
exists for a bar or restaurant, a conditional use permit would need
to be obtained.
22. Hoyt Michener further testified substantially as follows
at the June 10, 1997 public hearing in response to questions of
Commissioner Smith. At this time, all the tenants that have
expressed interest in the property are retail, service oriented,
and not food establishments. Originally, the Applicant proposed a
drive-through and two curb cute, but that has been changed. The
Applicant abandoned the drive through plan, which would have
accommodated a food establishment. Although prospects exist, no
leases have been executed. He does not know the identity of any of
the tenants, but does not anticipate any tenant creating any
problems in terms of noise or otherwise. Of the prospective
tenants with which he has spoken, two would operate businesses with
hours of 8:00 a.m. to 5:00 p.m., and another was 7:00 a.m. to 10:00
p.m. However, any of these tenants would have to secure a
conditional use permit.
23. Lawrence Roas, the representative of the Applicant,
testified substantially as follows at the July 8, 1997 public
hearing. In response to one of the issues at the June 10, 1997
public hearing, the Applicant has hired an architect to complete a
rendering of the property/building. This rendering has been
submitted to the City of Meridian as part of the application. The
Applicant has had an opportunity to meet with City staff to discuss
and resolve some of the concerns about dimensions, set backs and
other aspects of the site plan. He believes the Planning and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
ROGER MICHENER - CONDITIONAL USE PERMIT
Zoning Administrator and he have reached an agreement as to the
revisions to the site plan for the Council's review and approval.
He believes that he agrees with ell of the suggestions. However,
the block wall between the commercial development and the trailer
park is an issue which needs to be addressed. The wall presents a
complication with regard to whether the wall is erected or a 20
feet landscaping buffer be installed. He prefers to erect the wall
and reduce the landscape buffer to five or ten feet. This is to
allow access around the entire building. The Applicant has met
with the Fire Department, and it would like to maintain the access
around the entire building. He believes that the Applicant can
meet all the requirements by erecting the wall and reducing the
size of the landscape buffer. The Applicant will still have
sufficient area to plant trees, which trees will grow higher than
the wall thereby providing additional buffers. If a wall is
erected, the adjacent property owner will be unable to see or hear
the activity on the property. He would like to meet with Loren
Ross prior to the hearing before the City Council on this
application to discuss and resolve such issues. With regard to the
other comments, the Applicant agrees to such comments/requirements.
The Applicant desires to construct a Claae "A" retail building with
Class "A" tenants occupying it. The Applicant does not presently
know the identity of the tenants. The Applicant has received
inquiries and interest, but no commitments or signed leases at this
time.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
ROG$R MICH8N8R - CONDITIONAL USB PBRMIT
24. In response to questions of Commissioner MacCoy, Lawrence
Rose testified substantially as follows at the July 8, 1997 public
hearing. The building is not to be of metal siding construction.
The Applicant proposes either a steel or wood frame, the selection
of which is dependent upon economics. The Applicant has selected
an E.I.F.S. exterior. The canter of the building is approximately
18 feet in height and drops to approximately 16 feet. At the back
of the building the height is approximately 15 or 14 feet. The
Applicant is uncertain of the color scheme of the building. The
building rendition is prepared by the architect with basic colors.
The Applicant plane to have exterior lighting on the building;
however, the Applicant will take such measures to minimize the
impact on neighboring properties. Such measures will be worked out
with the City's staff. He anticipates some lighting of the
building and lighting of the property. The Applicant will take
special care of lighting the rear of the building to avoid an
illumination problem which impacts the adjacent trailer park. The
Applicant anticipates the installation of a sign, which
installation will be coordinated through the City.
25. Commissioner MacCoy commented at the July 8, 1997 public
hearing substantially as follows. He suggests to the Applicant
that two islands be installed for handicap pnrking in consideration
of vehicles with a side entry for wheelchairs.
26. In response to the comment of Commissioner MacCoy,
Lawrence Rosa testified substantially as follows. The Applicant
intends to revise the parking at the rear of the building. In this
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 13.
ROGHR MICHHNHR - CONDITIONAL US8 PSRMIT
regard, the Applicant intends to move the parking spaces to make
them more perpendicular to the building. This should provide well
over 60 spaces. Consequently, the parking spaces will be adjusted
to accommodate two handicapped parking spaces with plenty of access
area.
27. In response to further questions of Commissioner MacCoy,
Lawrence Ross testified substantially as follows at the July 8,
1997 hearing. The exterior material of the building is a durabie
product except when it is next to traffic. The design has not been
finalized; however, the design will probably provide curbing away
from the building to prevent access and damage to the exterior of
the building. He does not know what the final plane of the
building will be due to required adjustments resulting from the
comments and requirements of City staff. In any event, the final
plan will be developed to keep vehicles and the parking area away
from the building, yet provide sufficient access. The location of
the trash enclosures has not been determined. The Applicant will
meet with the City's solid waste contractor to determine the
location of such enclosure. A final site plan should be randy for
the hearing before the City Council.
28. In response to questions of Commissioner Smith, Lawrence
Ross testified substantially as follows at the July 8, 1997 public
hearing. The reconfiguration of the parking area is dependent upon
the tenant base. The use of the rear doors of the building depend
specifically on the retailing use of the tenants. The Applicant
may establish "unloading zones" with a sidewalk system. With
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14.
ROG$R MICHSNSR - CONDITIONAL USS PSRMIT
regard to the available area for parking, he thinks the Applicant
can place everything which is required into the area. The site
plan has not been revised since the preparation of the building
rendering. He would like to keep as much sidewalk around the
building as possible. The S.I.F.S. type of material works well as
long as it does not come in constant contact with water. A
sidewalk buffer between the building and landscaping is better for
the building.
29. Commissioner Smith commented at the July 8, 1997 public
hearing substantially as follows. The area between the building
and the adjacent day care center is too tight to place landscaping
along the building. The planting of tree wells or planters along
the drive of the east side of the building would be nice. This
would soften the appearance of the building and eliminate it
appearing as if it were floating in a sea of asphalt.
30. In response to the comments of Commissioner Smith,
Lawrence Roas testified as follows at the July 8, 1997 public
hearing. There will be a five feet landscape strip along the east
side of the building. The Applicant has suggested turning the
drive on the east side into one-way, which the Fire Department
indicated it would approve. If established as one-way, the
Applicant could reduce the driveway to 20 feet in width and provide
a larger landscape buffer. He believes this driveway width is
presently 24 or 23 feet in width. He would like to keep the
traffic as far away as possible from the building.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15.
ROGER MICHSNSR - CONDITIONAL USS PERMIT
31. Lawrence Rosa testified further at the July 8, 1997
hearing in response to questions of Commissioner Smith. He is open
to suggestions for the color of the building. He would prefer to
lighten the color of the building. The color of the building on
the rendition is not final but for display purposes. The Applicant
is not proposing reflective glass on the front of the building.
The Applicant desires to have the inside of the building visible
due to the retail nature of the businesses which will occupy the
building.
32. At the July 8, 1997 hearing, Lawrence Ross testified
substantially as follows in response to questions of Commissioner
Borup. He would like to get together with the adjacent property
owner (Loren Ross] to discuss the construction of the wall along
the property lines and satisfy his needs. He acknowledges that a
variance would be required to reduce the size of the landscaped
buffer along this property line. However, he hopes with the
construction of the wall, such variance can be obtained. With
regard to this area, he prefers not eliminating the circular
driveway areas around the building. The circular driveway areas
provide better access through the property, especially with the one
access from Fairview Avenue.
33. Loren Rosa testified at the July 8, 1997 public hearing
substantially sa follows. He is willing to meet with the Applicant
to discuss the wall and available options. However, he maintains
his position as stated in hie testimony at the June 10, 1997 public
hearing and the letter he submitted. He believes there is room to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 16.
ROGER MICHENER - CONDITIONAL USE PERMIT
compromise on his position in terms of alternatives such as the
construction of a berm with landscaping or the combination of a
berm and wall.
34. Bruce Freckleton, Assistant to the City Sngineer, and
Shari Stiles, Planning and Zoning Administrator, submitted comments
which comments are incorporated herein as if set forth in full.
Their comments included the following:
a. This request for rezone to C-G with a condition use
permit is consistent with the Meridian Comprehensive
Plan. The proposed development site is part of a larger
parcel. The Applicant proposes splitting the frontage
off and providing a cross access agreement to the back
portion of the property, as the split would leave the
remainder landlocked;
b. ACRD [Ada County Highway District] policy requires
that access from Fairview to this development be located
to align with the Jackson's Food Mart and that cross
access agreements be entered into for the properties
east, south and west of this parcel;
c. A minimum 20 feet wide planting strip is required
adjacent to the existing residential use per City
Ordinance Section 11-9-605. A revised plan detailing the
20 feet wide planting strip is needed prior to action on
this proposal. The owner of the adjacent trailer park
has submitted a letter requesting that a block wall be
provided adjacent to the trailer park. Detailed
landscaping plane, including species and sizes of all
plants, will be required prior to submitting an
application for a building permit;
d. The Applicant is to provide fire access and hydrant
locations in accordance with the Uniform Fire Code and
Meridian Fire Department policies;
e. A minimum of twenty five (25) three inch (3")
caliper trees are required for this development;
f. A screened trash enclosure is to be provided per
City Ordinance. No trash area is shown on the plan. The
Applicant is to coordinate dumpster site locations with
the City's solid waste contractor. The Applicant is to
locate dumpaters so ae not to impede fire access;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17.
ROGSR MIC$SNSR - CONDITIONAL USS PSRMIT
g. The Applicant is to dedicate four (4) additional
feet of right-of-way on Fairview Avenue (54' from
centerline). The Applicant 3s to furnish a copy of
recorded warranty deed to the City Clerk's office for
dedication of additional right-of-way prior to submitting
an application for a building permit;
h. The Applicant is to provide a thirty five feet (35')
landscape setback beyond the required right-of-way. The
Applicant is to provide detailed landscape plan including
berminq details for approval prior to obtaining building
permits. Sidewalk/curbing shall be installed along
Fairview Avenue;
i. The. Applicant is to provide curbing and underground
sprinkler system for all landscaped areas;
j. The Applicant is to provide temporary fencing to
contain debris during construction;
k. All driveway and parking areas shall be paved, with
all driveway accesses approved by the Ada County Highway
District. Paving, striping and signaqe 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 feat wide
driveway aisles with 9' x 19' stalls. Graveled
driveways, parking and access are unacceptable. A
drainage. plan designed by a state of Idaho licensed
architect or engineer is required and shall be submitted
to the City Engineer with calculations (Ord. 557, 10-1-
91) for all off-street parking areas. All site drainage
shall be contained and disposed of on-site;
1. Each tenant shall obtnin a Certificate of Occupancy
prior to opening for business;
m. All signaqe 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 signaqe;
n. All construction shall be in compliance with the
Americans with Disabilities Act (ADA) and all required
Uniform Codes;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 18.
ROGER MICHENBR - CONDITIONAL USE PERMIT
o. The Applicant shall supply the Public works
Department with anticipated sewer and water usage for
analysis in determining whether additional assessment
fees should be charged. A re-assessment agreement will
be entered into with the Applicant prior to issuance of
a Certificate of Occupancy;
p. Assessment fees will be determined during the plan
review process;
q. The Applicant is to provide parking lot lighting
plane to the Meridian Public Works Department.
Illumination of the site shall be designed not to cause
glare or adversely impact neighboring residential
properties, ae determined by the City of Meridian;
r. The City of Meridian owns and maintains a 21 inch
diameter sanitary sewer main adjacent to the north of
this proposed site in Fnirview Avenue. The .Ada County
Highway District is currently working on an asphalt
overlay of Fairview Avenue. Ada County Highway
District's policy prohibits any cuts of newly paved or
overlaid roadways during a five year period from the date
of completion. The 21 inch diameter sanitary sewer main
also follows the westerly side of Five Mile Creek near
the easterly boundary of the proposed site. It may be
possible to access the sewer across the adjacent parcel
if easements could be obtained from the owner. Service
lines and mainlines to the site shall. be reviewed during
the plan review process. The treatment capacity of the
Meridian Wastewater Treatment Plant is currently being
evaluated. Approval of this application needs to be
contingent upon the City's ability to accept the
additional sanitary sewage generated by this project;
s. The City of Meridian owns and ~gaintains an eight
inch diameter water main in Fairview Avenue at the
intersection of 8. 3rd Street. The Applicant would be
responsible for the extension of this main to the
easterly boundary of the proposed site. Service lines
and mainlines to the site shall be reviewed during the
plan review process;
t. Water service to this project is contingent upon
positive results from a hydraulic analysis by the City's
computer model;
u. Any existing irrigation/drainage ditches crossing
the property to be included in this project shall be
tiled per City Ordinance 11-9-605 M. Plana will need to
be apgroved by the appropriate irrigation/drainage
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19.
ROGHR MICHSNBR - CONDITIONAL USB PERMIT
district, or lateral users association with written
confirmation of said approval submitted to the Public
Works Department. No variances have been requested for
tiling of any ditches crossing this project;
v. Any existing domestic wells and/or septic systems
within this project will have to be removed from their
domestic service per City Ordinance Section 5-7-517.
Wells may be used for non-domestic purposes such as
landscape irrigation;
w. The legal description submitted for rezone describes
the perimeter of the site shown on the site plan;
however, according to the Ada County Assessor's
information, there is an irregular piece of land in the
northeast corner of the site that is still in the County.
Although the Applicant does not own all of this property,
the triangular piece should be cleaned up and annexed.
A possible reason this was left in the County is that
there is currently a billboard next to Five Mile Creek;
x. The Applicant is to provide a revised site plan
meeting all staff and agency requirements prior to being
scheduled for a public hearing before the City Council;
and
y. A development agreement incorporated detailed
conditions of approval is required as a condition of
rezoning. All uses shall be developed under the
conditional use permit process.
35. The Meridian Police 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.
36. The Meridian Fire Department submitted comments on the
subject application, which comments are hereby incorporated herein
as if set forth in full; as long ae all water supply requirements
and all codes are met, it will have no objection; and that the
Applicant will need to add two fire hydrants.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20.
ROGER MICHENER - CONDITIONAL USE PERMIT
37. 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
plane;
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.
38. The Central District Health Department submitted comments
on the subject application, which comments are hereby incorporated
herein as if set forth in full. Its comments included that after
written approval from appropriate entities are submitted, it can
approve the proposal for central sewage and central water; that
runoff is not to create a mosquito breeding problem; that it will
require plans be submitted for a plan review for a food
establishment; and that atormwater run-off should flow .into a
greasy swale before discharging to the subsurface.
39. 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:
FINDINGS OF FACT AND CONCLUSIONS OF LAfY - Page 21.
ROGER MICHENER - CONDITIONAL USE PERMIT
a. The Applicant is to provide a recorded cross access
easement for the parcel to the south to use this parcel
for access to the public streets prior to issuance of a
building permit or other required permits;
b. The Applicant is to construct a five feet wide
concrete sidewalk on Fairview Avenue abutting the parcel.
The Applicant is to locate the sidewalk one foot within
the right-of-way of Fairview Avenue;
c. Utility street cute in new pavement less than five
yenrs old are not allowed unless approved in writing by
the District;
d. The Applicant is to construct n 30 to 36 feet wide
driveway on Fairview Avenue, located approximately 140
feet east of the west property line (approximately 150
feet east of an existing driveway on Fairview Avenue and
approximately 150 feet west of Barbara Drive on the north
side of Fairview Avenue), aligned with Texaco's eastern
driveway. The Applicant is to pave the driveway its full
required width of 30 to 36 feet to at least 30 feet
beyond the edge of the pavement of Fairview Avenue and
install pavement tapers with 15 feet radii abutting the
existing roadway edge; and
e. Other than the access point specifically approved
with this application, direct lot or parcel access to
Fairview Avenue is prohibited.
40. There were no other comments by the public regarding this
application.
41. Pursuant to an application for rezone submitted by the
Applicant, the Applicant seeks to amended the zoning of the
property from (R-8) Medium Hiqh Density Residential District to (C-
G) General Retail and Service Commercial. The (C-G) General Retail
and Service Commercial district is described in the Zoning
Ordinance, 11-2-408 B. 11 as follows:
(C-G) General Retail and Service CommerciaL• The purpose
of the (C-G) District is to provide for commercial uses
which are customarily operated entirely or almost
entirely within a building; to provide for a review of
the impact of proposed commercial uses which are auto and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22.
ROGER MICHBNER - CONDITIONAL US8 PBRMIT
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.
42. Although retail stores are permitted uses on property
zoned (C-G) General Retail and Service Commercial, pursuant to the
conditions for the grant of the zoning amendment for the property,
any use or development of the property is allowed only under the
conditional use process. Therefore, a conditional use permit would
be .required.
43. 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."
Of I.111f
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 i1-2-
418 of the Zoning And Development Ordinance of the City of
Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23.
ROGBR MICHENSR - CONDITIONAL USS PHRMIT
3. The City has the authority to take judicial notice of its
own ordinances, other governmental statutes and ordinances, and of
actual conditions existing within the City and the State.
4. The City of Meridian has authority to place conditions on
a conditional use permit and the use of the property pursuant to
Idaho Code Section 67-6512 and pursuant to that section conditions
minimizing the adverse impact on other development, controlling the
duration of development, assuring the development is maintained
properly, and on-site or off-site facilities may be attached to the
permit; that 11-2-418 (D) authorizes the City to prescribe a set
time period for which a conditional use may be in existence.
5. Section 11-2-418 D. states as follows:
In approving any Conditional Use, the Commission and
Council may prescribe appropriate conditions, bonds, and
safeguards in conformity with this Ordinance. Violations
of such conditions, bonds or safeguards, when made a part
of the terms under which the Conditional Uae is granted,
shall be deemed a violation of the Ordinance and grounds
to revoke the Conditional Use. The Commission and
Council may prescribe a •et 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.
7. Section 11-2-418(C) of the Zoning And Development
Ordinance of the City of Meridian seta forth the standards under
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24.
ROGER MICHENER - CONDITIONAL USE PERMIT
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:
e. Pursuant to the conditions for the zoning amendment
granted for the property a conditional uee 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;
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
parson, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes,
glare or odors;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 25.
ROGHR MICHENER - CONDITIONAL USE PERMIT
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 naturnl or scenic
feature of major importance.
B. 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 Bngineer's office and the
Planning and Zoning Administrator, which include, but are
not limited to the following:
(1) The Applicant shall provide a minimum 20 foot wide
planting strip adjacent to the existing residential
use per City Ordinance Section 11-9-605;
(2) A revised plan detailing the 20 foot wide planting
strip shall be provided prior to action on this
proposal by the City Council;
(3) The Applicant shall provide detailed landscaping
plans, including species and sizes of all plants,
prior to submitting an application for a building
permit;
(4) The Applicant shall provide fire access and hydrant
locations in accordance with the Uniform Fire Code
and Meridian Fire Department policies;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 26.
ROGBR MICHBNBR - CONDITIONAL USB PBRMIT
~~
(5) A minimum of twenty five (25) three inch (3")
caliper trees shall be required for this
development;
(6) The Applicant shall provide a screened trash
enclosure per City Ordinance. The Applicant shall
coordinate dumpster site locations with the City's
solid waste contractor. The Applicant shall locate
dumpaters so as not to impede fire access;
(7) If required by the Ada County Highway District, the
Applicant shall dedicate four (4) additional feet
of right-of-way on Fairview Avenue, 54' from
centerline. If so required by the Ada County
Highway District, the Applicant shall furnish a
copy of recorded warranty deed to the City Clerk's
office for the dedication of additional right-of-
way prior to submitting an application for a
building permit;
(S) The Applicant shall provide a thirty five feet
(35') landscape setback beyond the required right-
of-way;
(9) The Applicant shall provide a detailed landscaping
plan including berminq dotnils for approval prior
to obtaining building permits;
(10) The Applicant shall install sidewalk(s) and curbing
along Fairview Avenue;
(11) The Applicant shall provide curbing and an
underground sprinkler system for all landscaped
areas;
(12) The Applicant shall provide temporary fencing to
contain debris during construction;
(13) All driveway and parking areas shall be paved, with
all driveway accesses approved by the Ada County
Highway District. Paving, striping and aignage of
parking the parking arena shall be in accordance
with Meridian City Ordinance and the Americans with
Disabilities Act, including that the Applicant
install or cause to be installed two islands for
handicap parking in consideration of vehicles with
a side entry for wheelchairs;
(14) Driveway widths and parking stall lengths shall
meet the requirements of City Ordinance Section 11-
2-414;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 27.
ROGHR MICHSNSR - CONDITIONAL USS PERMIT
~J
~i
(15) Graveled driveways, parking and accesses are
unacceptable;
(16) The Applicant shall provide a drainage plan for all
off-street parking areas, designed by a state of
Idaho licensed architect or engineer, and shall
submitted it, along with calculations, to the City
Engineer;
(17) All site drainage shall be contained and disposed
of on-site;
(18) Each tenant of the building on the property shall
obtain a Certificate of Occupancy prior to opening
for business;
(19) All signage shall be in accordance with the
standards set forth in Section 11-2-415 of the City
of Meridian Zoning and Development Ordinance and
the Uniform Sign Code, and shall be submitted to
the Planning and Zoning Department. A-frame and
other temporary signs will not be permitted and
will be removed upon three days notice to the
Applicant. Sign permits shall be required for all
signage;
(20) All construction shall be in compliance with the
Americans with Disabilities Act and all required
Uniform Codas;
(21) The Applicant shall supply the Public Works
Department with nnticipated sewer and water usage
for analysis in determining whether additional
assessment fees should be charged. The Applicant
shall enter into a re-assessment agreement prior to
issuance of a Certificate of Occupancy. Assessment
fees will be determined during the plan review
process;
(22) 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 tha City
of Meridian;
(23) The Applicant shall connect the property to
Meridian water and sewer and resolve how the water
and sewer mains will serve the property. Service
lines and mainlines to the site shall ba reviewed
during the plan review process;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 28.
ROGER MICHENER - CONDITIONAL USB PERMIT
(24) As the treatment capacity of the Meridian
Wastewater Treatment Plant is currently being
evaluated, approval of this application is
specifically contingent upon the City's ability to
accept the additional sanitary sewage generated by
this project;
(25) Water service to this property is contingent upon
positive results from a hydraulic analysis by the
City's computer model;
(26) Any existing irrigation/drainage ditches crossing
the property to be included in this project shall
be tiled per City Ordinance 11-9-605 M. Plana for
tiling existing irrigation/drainage ditches shall
be approved by the appropriate irrigation/drainage
district, or lateral users association with written
confirmation of said approval submitted to the
Public Works Department;
(27) Any existing domestic wells and/or septic systems
within this project shall be removed from their
domestic service per City Ordinance Section 5-7-
517. Wells may be used for non-domestic purposes
such as landscape irrigation; and
(28) The Applicant shall provide a revised site plan
meeting all staff and agency requirements prior to
being scheduled for a public hearing before the
City Council.
d. The Applicant moat meet and comply with the comments,
recommendations and requirements of the Meridian Police
Department;
e. The Applicant must meet and comply with the comments,
recommendations and requirements of the Meridian .Fire
Department, which include, but are not limited to, the
Applicant providing two fire hydrants;
f. The Applicant must meet and comply with the comments,
recommendations and requirements of the Ada County
Highway District, which include, but are not limited to
the following:
(1) The Applicant shall provide a recorded cross access
easement for the parcel to the south to use the
property for access to the public streets prior to
issuance of a building permit or other required
permits;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 29.
ROGER MICHENER - CONDITIONAL USB PERMIT
(2) The Applicant shall construct a five feet wide
concrete sidewalk on Fairview Avenue abutting the
parcel. The Applicant shall locate the sidewalk
one foot within the right-of-way of Fairview
Avenue;
(3) The Applicant is prohibited from making utility
street cute into new pavement less than five years
old unless approved in writing by the District;
(4) The Applicant shall aonatruct a 30 to 36 feet wide
driveway on Fairview Avenue, located approximately
140 feet seat of the west property line, which is
approximately 150 feet east of an existing driveway
on Fairview Avenue and approximately 150 feet west
of Barbara Drive on the north side of Fairview, and
align such driveway with Texaco's eastern driveway;
(5) The Applicant shall pave the driveway its full
required width of 30 to 36 feet to at least 30 feet
beyond the edge of the pavement of Fairview Avenue
and install pavement tapers with 15 feet radii
abutting the existing roadway edge; and
(6) Other than the access point specifically approved
by the Ada County Highway District, direct lot or
parcel access to Fairview Avenue is prohibited.
g. The Applicant must meet and comply with the comments,
recommendations and requirements of the Central District
Health Department;
h. The Applicant must meet and comply with the comments,
recommendations and requirements of the Nampa & Meridian
irrigation District, which include, but are not limited
to the following:
(1) The Applicant shall file a Land Use Change/Site
Development application for review by the District
prior to final platting;
(2) The Applicant shall protect all laterals and waste
ways;
(3) All municipal surface drainage shall be retained
on-site;
(4) If any surface drainage leaves the site, the
District must review drainage plans;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 30.
ROGER MICHHNSR - CONDITIONAL USE PERMIT
~-J
(5} The Applicant shall comply with Idaho Code Section
31-3805; and
(6) The District recommends that irrigation water be
made available to all developments within Nampa &
Meridian Irrigation District.
i. All ordinances of the City of Meridian moat 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 concludes( to b® 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 FINDIN(~B OF FACT AIID CONCLUSIONS OF LAN
The Planning and Zoning Commission of the City of Meridian
hereby adopts and approves these Findings of Fact and Conclusions
of Law.
ROLL CALL
BORUP
MANNING
COMMISSIONER MACCOY
SMITE
CBAIRMAN JOBNSON (TIE BREAKER)
VOTED ~~~~-
VOTED / __ ""
VOTED ~- ~ "~ ~, 'S ~ 9
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 31.
ROGER MICHENER - CONDITIONAL USE PERMIT
i ~
DECISIOIi AND
The Planning and Zoning Commission hereby recommends to the
City Council of the City of Meridian that it approve the
Conditional Use Permit requested by the Applicant for the 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.
xoxxox:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 32.
ROGHR MICHENER - CONDITIONAL USE PERMIT
BEFORE TBE MERIDIAN PLANNING AND ZONING COMMISSION
CHERRY LANE BAPTIST CHURCH
REZONE OF APPROXIMATELY 1.9 ACRES FROM R-4 TO L-O
2150 WEST CHERRY LANE
MERIDIAN, YDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter having come on for public hearing on
July 8, 1997, at the hour of 7:00 o'clock p.m., the Applicant
appearing through its representative, Randy Fout, the Planning and
Zoninq Coamisaion of the City of Meridian having duly considered
the evidence and the matter makes the following Findings of Fact
and Conclusions of Law:
FINDINOS OF FACT
1. A notiaa of a public hearing on the rezone application
was published for two (2) consecutive weeks prior to said public
hearing scheduled on July 8, 1997, the first publication of which
was fifteen (15) days prior to enid hearing; that the matter was
duly considered at the July 8, 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 consists of two parcels which together
contain approximately 1.9 acres and is located within the City of
Meridian. The property is described in the application which
description is incorporated herein. The Applicant is the owner of
record of the property.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
CHERRY LANE BAPTIST CHURCH
3. The property is presently zoned (R-4) Low Density
Residential District and the Applicant requests a rezone to (L-O)
Limited Office District.
4. Pursuant to the application, the property is presently
used for a church. The proposed use of the property is to continue
for a church.
5. Randy Fout, the representative of the Applicant,
testified and explained substantially as set forth hereinafter.
The Applicnnt has outgrown its existing property, and is
considering purchasing other property and selling this property.
Since paving the parking lot at the property, the Applicant has
installed a aprinklar system and sod, landscaped the medians with
appropriate shrubs and bushes. The Applicant ha• been trying to
address the drainage system problem by laying additional fill in
the area. The Applicant still has more fill to lay in the area.
The Applicant has trees on the property to be planted, and intends
to purchase and plant more trees. The Applicant was surprised by
the City staff's comment concerning the Applicant's lack of a
Certificate of Occupancy. The Applicnnt does not know why it does
not have such certificate. The Applicant intends to check into the
lack of such certificate and obtain it.
6. In response to questions of Commissioner Borup, Randy
Fout, testified substantially as follows. The reason the
landscaping had not been completed is that Cherry Lane was being
re-constructed, and the Applicant had to wait until the completion
of that re-construction. Once the re-construction of Cherry Lane
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
CHBRRY LAP]B BAPTIST CHURCH
was completed, the Applicant proceeded, at earliest available time,
with laying the sod, installing the sprinkler system. The
Applicant has been attempting to correct drainage system problem on
its own; it has not been contacted by or had any contact with the
design engineer. The Applicant believes the drainage problem has
been solved.; however, it has more fill to lay in the area. The
problem relates to a low grade of the ground and the high water
table. The Applicant is filling the area to raise the grade of the
area and eliminate the drainage problem. There exists
approximately 12 trees at the property to be planted. One of the
issues concerning the planting of the trees ie whether the
Applicant can relocate where the tress are to be planted or if it
must follow the exact plan. The medians in the parking lot are
very small and require small trees. Consequently, the Applicant
planted shrubbery in the medians believing the shrubbery would be
adequate.
7. Commissioner MacCoy commented that he was appalled to
learn from the City staff's comments that requirements initially
imposed had not yet been completed. Further, he has viewed the
property and it appears to have junk or trash on the property which
is visible from Cherry Lane.
8. in response to questions of Co~iseioner MacCoy, Randy
Fout, testified substantially as follows. The Applicant dose not
plan to expand the building on the property, but plans to move from
the property. The property does not have sufficient area for
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
CHERRY LANE BAPTIST CHURCH
parking which would be required for an expansion of the building on
the property.
9. In response to a question of Chairman Johnson, Randy
Fout, testified substantially that the Applicant is preparing the
property for resale.
10. In response to further questions of Commissioner MacCOy,
Randy Fout, testified substantially ae follows. The Applicant
recognizes the problems it has with the property, including
nvailable area for parking. These problems are the reasons that
the Applicant is preparing the property for resale. Ae a result of
the preparation of the property for resale, the issues or questions
brought up by the Commission will be addressed, such as a clean
appearance and landscaping of the property. Some of those matters
have been oversights by the Applicant and the result of changes in
the volunteers. The building will not be altered, other than it
may be repainted.
11. Courmieeioner Smith commented substantially as follows.
Be shares the sentiments of Commissioners Borup and MaeCoy
concerning the property and the comments of City staff.
12. Chairman Johnson, Commissioners MacCoy and Borup, and the
Planning and Zoning Administrator discussed the matters nddresaed
in the City staff's comments and the lack of completion of
requirements initially imposed upon the Applicant, including how
best to address these issues. In this regard, Planning and Zoning
Administrator, Shari Stiles, commented that the City staff does not
have an objection to the rezone of the property; however, she does
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
CHERRY LAMS BAPTIST CHURCH
not believe it appropriate that the property be rezoned to
facilitate the Applicant's sale of the property and shift these
issues and matters onto the purchaser of the property.
13. In response to further questions of Commissioner Borup,
Randy Fout, testified substantially a• follows. The Applicant does
not have an objection to meeting the requirements initially imposed
upon the Applicant as outlined in the City staff's comments. The
issue from the Applicant's stand point is to resolve these matters
so it may move forward with its plnns.
14. In response to further questions of Chairman Johnson,
Randy Fout, testified substantially as follows. The Applicant has
laid fill dirt to correct the drainage problem. The Applicant has
the drainage problem resolved except for one part of the area. It
will continue to work to resolve the problem in this remaining area
until it ie adequate to the City.
15. In response to questions of Commissioner Borup, Clint
Henry, a representative of the Applicant, testified substantially
as follows. With regard to the drainage problem, he estimates that
there has not been more than three to five inches of water standing
in the area. The Applicant has tried to bring in enough dirt to
eliminate the problem. With regard to the stability of the fence,
which is located between the property and the subdivision east of
the property, the Applicant believes that the problem was created
by its contractor when the contractor dug the dirt away from the
fence to pave the parking aren. However, he points out that the
fence was falling down and apart prior to the time the construction
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
CHERRY LANE BAPTIST CHURCH
commenced on the parking area. The problem of the drainage and the
fence relate to the acts of the Applicant's contractor. However,
to hie knowledge the conatruotion by the contractor was in
accordance with the design, and the Applicant has had no
communication with its engineer about the drainage problems. The
Applicant has received only one telephone call concerning the
standing water and mosquitoes. With regard to the standing water,
he is referring to a swale along east aide and south aide of the
parking on the property.
16. City Hngineer Gary Smith commented substantially as
follows concerning the drainage issue. The awnle along the north
aide and the east aide of the parking lot is n retention basin.
The water dose not flow from the area. The awale is an on-site
retention area for the parking lot. The water in the swale will
only stand in the basin if the bottom is impermeable, otherwise the
water would percolate down into the subsurface. Based upon the
submitted plans, there is an infiltration trench at the very north
and southwest corner of the project. The water should drain,
penetrating into the ground through some gravel. The project was
designed to drain toward the infiltration trench. However, if the
project was not constructed at the proper elevation, the water will
not drain away. Fill dirt will eliminate ground venter from wicking
up through the soil; however, he does not have an answer as to
whether the Applicant's action of placing fill dirt in the area
will correct the problem.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
CHERRY LANH BAPTIST CHURCH
17. Commissioner Borup commented that he is concerned whether
the remedial action being taken by the Applicant ie a permanent or
temporary correction of the existing drainage problem. City
Engineer Gary Smith commented in response substantially as follows.
It would be helpful for the Applicant to provide the City with
information on the design of the parking area to determine whether
it is constructed or can be constructed. in nccordance with the
design plan, or whether the elevation of the parking lot was
constructed at such a grade that there exists insufficient holding
capacity in the drainage swales for the storm water runoff from the
parking area.
18. The proposed zoning amendment is consistent with the
Meridian Comprehensive Plan.
19. A church is a permitted use in the (L-O) Limited Office
District.
20. That the (L-O) Limited Office District is described in
the Zoning Ordinance, 11-2-408 B. 7 as follows:
(L-O) LIMITED OFFICE DjSTR2CT: The purpose of the (L-O)
District is to permit the establishment of groupings of
professional, research, executive, adminiatrntive, accounting,
clerical, stenographic, public service and similar uses.
Research uses shall not involve heavy testing operations of
any kind or product manufacturing of such a nature to create
noise, vibration or emissions of a nature offensive to the
overall purpose of this district. The L-O District is
designed to act as a buffer between other more intense non-
residential uses and high density residential uses, and is
thus a transitional use. Connection to the Municipal Water
and sewer System of the City of Meridian is a requirement in
this district.
21. Bruce Freckleton, Assistant to the City Engineer, and
Shari Stiles, Planning and Zoning Administrator, submitted comments
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
CHERRY LAMS BAPTIST CHURCH
which comments are incorporated herein as if set forth in full.
Their comments stated:
The request for rezone to L-O is generally consistent
with the goals of the Comprehensive Plan. The Zoning and
Development Ordinance does not list churches as a
permitted or conditionally permitted use. Therefore, the
rezone to L-O is appropriate.
In September of 1994, plane for a building expansion were
submitted to the Building Department for approval. As
part of those plans, the parking lot was to be expanded,
with appropriate drainage facilities installed, and
landscaping was to be completed. To date, not all of the
items shown on the construction plans have been
completed. For example, the drainage system doesn't
function properly. Water stands in the swalea long
enough that algae and other plant life grows. The City
has fielded complaints from adjacent property owners
regarding odors, mosquitoes, and the stability of fences
adjacent to the retention areas. Gary Smith, Meridian
City Hngineer, has discussed this situation with the
design engineer, both in written form and over the phone;
however nothing has been done to rectify the •ituation.
The other item not yet completed is the installation of
the landscaping shown on the plans. With roughly 49,000
square feet of asphalt, 33 trees would be required
(1:1500 s.f.). Two trees are existing. The plans show
28 trees that were to be installed along the frontage of
Cherry Lane and in islands within and adjacent to the
building and parking lot. The only landscaping
accomplished is that the front area was grassed and a few
bushes ware placed within the landscaping islands. As
Cherry Lane is an entrance corridor to our city, it fs
imperative that the proper improvements be completed.
Also, it appears that no Certificate of Occupancy was
ever given for the building.
Although staff concurs with the rezone application, we
would request that the ordinance rezoning the property
not ba approved until the noted improvements have been
completed and a proper Certificate of Occupancy has been
obtained for the building.
22. The Meridian Police Department, the Meridian Fire
Department and the Central District Health Department submitted
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
CHERRY LANG BAPTIST CHURCH
comments on the subject application, which respective comments are
hereby incorporated herein as if set forth in full.
23. The Nampa & Meridian Irrigation District has or may
submit comments, and such comments are hereby incorporated herein
as if set forth in full or shall be incorporated herein as if set
forth in full when submitted.
24. The Ada County Highway District has or may submit
comments, and such comments are hereby incorporated herein as if
set forth in full or shall be incorporated herein as if set forth
in full when submitted.
25. There were no other comments by the public regarding this
application.
CONCLUSIONS OF LAID
1. All the procedural requirements of the Local Planning Act
and of the Ordinances of the City of Meridian have been met,
including the mailing of notice to owners of property within 300
feet of the external boundaries of the Applicant's property.
2. The City has the authority to take judicial notice of its
own ordinances, other governmental statutes and ordinances, and of
actual conditions existing within the City and the State.
3. The City of Meridian has authority to place conditions
upon granting a zoning amendment.
4. This Application for a zoning amendment has been judged
upon the basis of guidelines contained in Section 11-2-416 of the
Zoning And Development Ordinance of the City of Meridian and upon
the basis of the Local Planning Act of 1975, Title 67 Chapter 65,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Pnge 9.
CHHRRY LAMS BAPTIST CHURCH
Idaho Code, the Comprehensive Plan of the City of Meridian, and the
record submitted to it and the things of which it can take judicial
notice.
5. Section 11-2-416 A. states in part as follows:
When the public necessity, convenience, general welfare
or zoning and development practice require, the Council
. may amend, supplement, change, or repeal the
regulations, restrictions, and boundaries or
classifications of property ae well as the regulations
and provisions of this Ordinance.
6. Section 11-2-416 R of the Zoning And Development
Ordinance of the City of Meridian sets forth standards under which
the City shall review applications for zoning amendments. Upon a
review of those requirements and a review of the facts presented
and conditions of the area,
it is specifically concluded as
follows:
(a) The (L-O) Limited Office District zoning would be
harmonious with and in accordance with the Comprehensive
Plan;
(b) The area included in the proposed zoning amendment is
intended to be developed in a fashion which would be
allowed under the proposed new zoning;
(c) The property, if designed and used as allowed in the (L-
Oj Limited Office District, would be designed and
constructed to be harmonious with the surrounding area,
which is developed in the fashion of the (R-4) Low
Density Residential District;
(d) The (L-O) Limited Office District use would not be
hazardous to the existing or future uses of the
surrounding neighborhood;
(e) The (L-O) Limited Office District development would not
create excessive additional requirements at public cost
for public facilities and services, and would not be
detrimental to the economic welfare of the community;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 10.
CHERRY LANE BAPTIST CHURCH
(f- The existing and represented continued use 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;
however, the amount of traffic may increase rather than
if it remained under an (R-4) Low Danaity Residentinl
District development;
(g) The area should have vehicular approaches to the property
which will be designed to decrease interference with
traffic on surrounding public streets;
(h) A rezone would not result in the destruction, loss or
damage of any natural or scenic feature of major
importance; and
(i) The proposed zoning amendment is in the best interest of
City of Meridian.
7. It is concluded that the City could rezone the property
(L-O) Limited Office District, but once the property was rezoned
(L-O) Limited Office 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 ie, therefore, concluded, ae 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 (L-O)
Limited Office District, but only capable of being developed under
the conditional use permit process.
9. 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,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 11.
CHERRY LANE BAPTIST CHURCH
Planning and Zoning Administrator. Their comments, recommendations
and requirements include, but are not limited to, the following:
(1) The Applicant shall cause the existing drainage
problems of the drainage system facilities
installed for the parking area be addressed by a
state of Idnho licensed engineer or other competent
person, and the Applicant shall take such action
that is appropriate to correct the problems and
functioning of the said drainage system facility;
(2) The Applicant shall take such necessary appropriate
remedial action and measures to correct problems
with odors and mosquitoes resulting from standing
water on the property, and the stability of the
fences adjacent to the water retention areas;
(3) The Applicant shall complete the installation of
the landscaping at the property in accordance with
the landscaping plans previously submitted to the
City, including the planting of 33 trees; and
(4) The Applicant shall, as required by City ordinance,
obtain a Certificate of Occupancy for its
occupation and use of the building on the property.
8. It is further concluded that the Applicant must meet and
comply with the comments, recommendations and requirements of the
Meridian Police Department, the Meridian Fire Department, the
Central District Health Department, the Nampa 5 Meridian Irrigation
District, the Ada County Highway District and any other
governmental agency submitting comments on this application.
9. It is further concluded that either:
a. The ordinance rezoning the property not be approved
by the City Council until the previously required
improvements of the property have been completed by
the Applicant and the Applicant obtains a proper
Certificate of Occupancy for the building; or
b. This application be granted conditioned upon the
Applicant complying with and meeting the previously
required improvements to the property and it
obtaining a Certificate of Occupancy for the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
CHERRY LANE BAPTIST CHURCH
building on the property, and that if the Applicant
fails to comply with and meet the previously
required improvements for the property and/or fails
to obtain a Certificate of Occupancy for the
building on the property, the rezoning of the
property, pursuant to this application be denied
and its zoning remain (R-4) Low Density Residential
District.
10. Proper and adequate access to the property is available
and must be maintained by the Applicant, with appropriate buffering
to residential properties and traffic on Cherry Lane Road and
surrounding residential areas.
APPROVAL OF FINDINOS OF FACT A1~D CONCLUSIONS OF LAW
The Planning and Zoning Commission of the City of Meridian
hereby ndopts and approves these Findings of Fact and Conclusions
of Law.
COMMISSIONER BORUP
COMMISSIONER MANNING
COMMISSIONER MACCOY
SMITH
VOTED
VOTED
VOTED
~~y: ~
G~
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13.
CHERRY LANE BAPTIST CHURC$
DECISION AIiD RECOIOIENDATION
The Planning and Zoning Commission hereby recommends that the
property set forth in the application be approved by the City
Council for the zoning amendment requested under the conditions set
forth in these Findings of Fact and Conclusions of Law, including
that the property only be developed under the conditional use
permit process; that either the ordinance rezoning the property not
be approved by the City Council until the previously required
improvements of the property have been completed by the Applicant
and the Applicant obtains a proper Certificate of Occupancy for the
building on the property, or that the grant of this application be
conditioned upon the Applicant complying with and meeting the
previously required improvements to the property and the Applicant
obtaining a Certificate of Occupancy for the building on the
property, and if the Applicant fails to comply with and meet the
previously required improvements to the property and/or fails to
obtain a Certificate of Occupancy for the building on the
application for rezoning of the property pursuant to this
application, be denied and that the previously existing zoning of
(R-4) Low Density Residential District be maintained; that if the
Applicant is not agreeable with these Findings of Fact and
Conclusions of Law and is not agreeable that the property only be
developed under the conditional use permit process, and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14.
CHERRY LANE BAPTIST CHURCH
conditions imposed hereunder, the application for the zoning
amendment should be denied.
MOTIOR:
APPROVED•
g~~~~~
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15.
CHERRY LANE BAPTIST CHURCA
BEFORE THE MERIDIAN PLANNING AND ZONING
B. GAIL CARRITHERS
ACCESSORY USE PERMIT FOR OPERATION OF
A FAMILY CHILD CARE HOME
1060 TAMMY PLACE
MERIDIAN, IDARO
FINDINGS OF FACT AND CONCLUSIONS OF LAAi
The above entitled matter having come on for public hearing on
July 8, 1997, at the hour of 7:00 o'clock p.m., at the Meridian
City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant, B.
Gail Carrithers, 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 the application was mailed by certified mail,
return receipt requested, to owners of property which abuts the
external lot or boundary lines of the property, including
properties across the street, alley and kitty corner to the
property; a notice of the application was published for two (2)
consecutive weeks; a notice of the public hearing on the
application for the accessory use permit was published for two (2)
consecutive weeks prior to the said public hearing scheduled for
July 8, 1997, the first publication of which was fifteen (15) days
prior to said hearing; that the matter was duly considered at the
July 8, 1997 hearing; that the public was given full opportunity to
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1.
B. GAIL CARRITBERS - ACCESSORY USE PERMIT
express comments and submit evidence; and that copies of all
notices were available to newspaper, radio and television stations.
2. The property included in the application for the
accessory use permit is described in the application, and by this
reference is incorporated herein as if set forth in full. This
property is located within the City of Meridian, Ada County, state
of Idaho at 1060 Tammy Place.
3. Pursuant to the application, the Applicant is the owner
of record of the property; the property is currently zoned (R-8)
Medium Density Residential District; the property is contained in
the Settler's Village Subdivision; the surrounding properties are
residential homes; the Applicant requests an accessory use permit
for the operation of a Family Child Care Home; there exist no
accessory uses of a similar nature in the area; and the Applicant
agrees to pay increased sewer, water or trash fees if such are
required due to increased use.
4. The Applicant testified substantially as follows. She is
a family home child care provider. She and her family recently
relocated to Meridian, Idaho from Vancouver, Washington. She was
a licensed day care provider in Vancouver, Washington. In her day
care, she provides a safe and secure environment for the children
to learn and play. She teaches the children to be good citizens,
to respect one another and other people's property. At no time
would the children in her care be allowed to run wildly through the
neighborhood. She is aware of the limited parking space available
in the culdesac in which the property is located. She does not
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
feel that the limited parking space will be a problem; the property
has sufficient room to accommodate four vehicles in addition to her
own. It has been her experience that rarely two parents arrive to
pick up the children at the same time. She can easily handle the
parking for the parents. She feels her day care will be an asset
to the community by providing quality care and teaching good moral
standards. She feels that she has met the requirements for an
accessory use permit and would like one to be granted to her.
5. In response to questions of Commissioner MacCoy, the
Applicant testified substantially as follows. She has received the
City staff's comments on this application. She has reviewed said
comments and does not have a problem with any of them. Bowever,
her understanding is unclear as to being charged a commercial use
rate. She does not have a problem with such use rate if such rate
does not take effect until she has been in business, and it is
determined that such rate should apply. She is willing to enter
into an assessment agreement. She understands that the City of
Meridian will permit her to watch, in addition to her children,
three children; she is permitted to watch a total of five children.
Because of the age of her children, she plans to keep the group of
children at approximately the same age; three to eleven years old.
The chance of increased water usage is unlikely based upon three
additional children and a few more diapers. As requested, she
plans to obtain a child care license from the state of Idaho.
Bowever, she understands that she does not need a day care license
to start a day care in the City of Meridian. To make it clear, she
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3.
B. GAIL CARRITBERS - ACCESSORY USE PERMIT
plans to secure a child care license, but she does not want to wait
to commence her day care until she secures the day care license.
She believes the City of Meridian will allow her to start her day
care, without the license, but she does not want to violate any
requirement. She does not plan to change or alter the front of her
house. She does not like the idea of signage. No modifications or
changes to the property or house are needed for the day care. She
has been in the child care profession for a while, and her top
priority is the safety of the children. She does not allow her
children to be in the front yard, without an adult present. The
property has a large backyard for the children to play, which is
fully enclosed. She has locks and plans to pad lock the two gates
on her property. With regard to the neighborhood and noise,
children live behind the property and in the neighborhood. She
does not believe that three additional children will create a noise
problem. Of the three additional children, she plans to accept all
children, whether handicapped or not; however, she does not know
whether such type of demand exists in the City of Meridian. She
believes her house will presently accommodate handicapped children,
but will construct a ramp into the house if necessary. When she
was in Vancouver, Washington, she did not care for any handicapped
children. Handicapped children typically need more specialized
care. Consequently, she does not receive requests to care for such
children. Based upon her review of the covenants applicable to the
subdivision in which the property is located, the type of day care
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
she desires is not prohibited. If the covenants had prohibited
such type of day care, she would not have purchased the house.
6. In response to a question of Commissioner Borup, the
Applicant testified substantially as follows. She believes that
she is not required to have a license for this type of day care;
however, because she intends to secure a license from the state of
Idaho, and she has not been concerned with the requirements.
7. In response to questions of Chairman Johnson, the
Applicant testified substantially as follows. The anticipated and
ideal hours of the day care are either 6:00 or 7:00 a.m. to 6:00
p.m. She does not know the need in the City of Meridian; these
hours were her hours in Vancouver, Washington. However, she does
not want to limit herself to these hours in the event she needs
greater hours. Providing this type of care is her source of
income. Her family needs her income in addition to her husband's.
Consequently, if a person worked late hours or the "grave yard"
shift and needed to have a child or children watched, she would be
willing to accept such child or children. However, she does not
intend to operate a 24-hour day care. The people are not going to
be coming and going at all hours of the day and night.
Consequently, she does not know the precise hours of operation.
She is aware of and has read the letter submitted from her
neighbors located at 1066 Tammy whose last name is Michaelson.
With regard to the sketch she submitted, the driveway on the
property is the parking area for the day care. This sketch is not
specifically detailed, because she did not know such additional
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
detail was required. She provided in the sketch the general
location of the house, the play area and other amenities on the
property.
8. The Applicant further testified that she would be the
only person working in the day care. There exists no open waters
such as ditches or swimming pools on the property.
9. A letter, dated June 13, 1997 and signed by James D.
Michaelson and Betty M. Michaelson, was submitted to the Planning
and Zoning Commission in objection to the application, which letter
is incorporate herein as if set forth in full. This letter
provides:
Petition to stop application for accessory use permit for
family child care center at 1060 Tammy Place (St.)
Refer to Restrictions Conditions & Covenants of Settler
Village Subdivision dated 24 May 1983) ("What good are
covenants if they are ignored.") Section # 1 Fully-
protected Residential Area.
Section # 8 Parking No recreation vehicles trailers
automobiles boats or other vehicles shall be parked
permanently on streets. All permanent parking shall be
in garages or attached driveways. This is where my
concerns comes in. This is a very small cul-de-sac.
There are more cars than there is parking spaces unless
you park in the driveways or middle of street.
Section No signs.
Section Amendments
Three-fourth of the property owners have to approve any
amendments in this subdivision.
10. At the hearing, John Michaelson submitted a document
containing three pages, which document is incorporated herein as if
set forth in full. Mr. Michaelson testified concerning this
application substantially as follows. He is not the villain, does
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
not oppose children or day cares; he is in favor of day cares. He
has four children, ten grandchildren and one great grandchild who
needs a day care. He is opposed to the application because the
covenants, conditions and restrictions of the subdivision prohibit
such use. With regard to the document he submitted, part of the
document is a portion of revised covenants, conditions and
restrictions (CC&Rs) of Settlers Village Subdivision in which the
property is located. These CC6Rs provide that block 3, lots 1
through 68 of the subdivision are a fully protected residential
area. The property is lot 59 and lot 60. The CC&Rs provide that
in the residential area, no lot shall be used except for
residential purposes. Also part of the document submitted is the
sketch of the property which he corrected as to measurements. He
is concerned about parking. There are seven houses and 20 cars.
With regard to the parking, he is concerned about the traffic from
parents dropping off and picking up their children.
11. Don Day testified substantially as follows. He is
opposed to the application because the covenants, conditions and
restrictions of the subdivision prohibit such use. He does not
believe the driveway on the property has enough area for sufficient
parking. He purchased his house because it is on a culdesac, and
he knew there would not be much traffic. Accordingly, he objects
to the application.
12. In response to questions of Commissioner Borup, Mr. Day
testified substantially as follows. He objects to the application
based upon an increase in traffic and parking in the culdesac.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
13. Deborah Pence testified substantially as follows. She
does not believe traffic is an issue. Ber observations have been
that there has not been significant traffic created by this type of
day care, and parking has not been a problem when dropping off or
picking up the children. She does not anticipate traffic or
parking problems in the culdesac. She does not believe her
children's activities in the neighborhood will be restricted as a
result of the day care, including the traffic or parking associated
with the day care. She does not believe there will be an noise
impact from the children at the day care. She believes another day
care in the City of Meridian would be beneficial, because of the
growth and safe places to take children. There is a demand for day
care in the City of Meridian; the day cares in the City of Meridian
are few and hard to find. Accordingly, she is in favor of the
application.
14. In response to questions of Commissioner Borup, Ms. Pence
testified substantially as follows. There exist other day cares in
her neighborhood; two at the intersection of Chateau and Jericho
and another on Tara. These day cares are approximately a block
away from her house. There exist other day cares in the
neighborhood, none of which, to her knowledge, are licensed day
cares.
15. Elizabeth Ahlestrom testified substantially as follows.
She concurs with the comments of Deborah Pence. She is a stay at
home mother. Her children often ride their bikes through the
culdesac. She has observed the traffic and she does not think it
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
C
is a problem. The traffic created results only from dropping off
and picking up the children. The dropping off and picking up
occurs in a very short period of time. She is in favor of the
application.
16. Betty Michaelson testified substantially as follows. She
lives next door to the property. She loves children; however, she
and her husband are retired and bought their home for retirement.
She is concerned about access to the culdesac during the winter.
The snow that gathers inhibits the movement of traffic in the
culdesac. She believes the snow will create a problem with
dropping off and picking up the children.
17. 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. Off-street parking shall be provided in accordance
with Section 11-2-414 of the City of Meridian Zoning and
Development Ordinance;
b. Outside lighting shall be designed and placed so as
not to illuminate directly any nearby residential areas,
and in accordance with City Ordinance Section 11-2-414
D.3;
c. No signage shall be allowed;
d. Sanitary sewer and water to this facility would be
via existing service lines. This site currently is
assessed with one water hookup and one sewer hookup.
Assessments for sewer and water service will be reviewed
to see if additional load would justify an adjustment.
The Applicant is to provide any information that she may
have with regard to her anticipated water demand. The
Applicant will be required to enter into an Assessment
Agreement with the City of Meridian prior to operation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
The use shall be considered a commercial use and charged
commercial rates;
e. Zoning Certificate and Certificate of Occupancy for
the daycare are required prior to operation;
f. Screened trash enclosures are to be provided in
accordance with City ordinance;
g. The Family Child Care Home shall not adversely
impact surrounding properties due to children's noise,
traffic and other activities;
h. The Applicant shall secure and maintain a child care
license from the Idaho State Department of Health and
Welfare-Child Care Licensing Division;
i. The Applicant shall provide for screening of
adjacent properties to protect children from adverse
impacts and to provide a buffer between properties;
j. The Applicant shall provide for a fence of
appropriate height/construction, to enclose play areas;
k. If the accessory use permit is approved, the
Applicant is to schedule an appointment with the Meridian
Fire Department for inspection prior to operating.
Operation of daycare without proper approvals will result
in revocation of accessory use permit;
1. Family child care homes are defined as a child care
facility which provides care for five (5) or fewer
children throughout the day. This includes the
provider's own children; and
m. Violation of any of the above conditions shall be
cause to revoke a zoning certificate for a Family Child
Care Home.
18. The Meridian City Police Department submitted comments,
which respective comments are hereby incorporated herein as if set
forth in full.
19. 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 10.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
long as all codes are met, it will not have a problem with the
accessory use permit.
20. The Central District Health Department submitted
comments, which comments are hereby incorporated herein as if set
forth in full. Its comments included that after written approval
from appropriate entities are submitted, it can approve tnlb
application for central sewage and central water; and it will
require plans be submitted for a plan review for a child care
center.
21. There was no further testimony given at the hearing.
22. Pursuant to Section 11-2-409 A, Zoning Schedule of Use
Control of the Zoning And Development Ordinance of the City of
Meridian, the operation of a Family Child Care Home on property
zoned (R-8) Medium Density Residential District is permitted by and
requires an accessory use permit.
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 of the application by certified
mail, return receipt requested, to owners of property which abut
the external lot or boundary lines of the property, and properties
across the street, alley and kitty corner to the property; a notice
of the application was published for two (2) consecutive weeks; and
a notice of the public hearing on the application for the accessory
use permit was published for two (2) consecutive weeks prior to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
L~
said public hearing scheduled for July 8, 1997, the first
publication of which was fifteen (15) days prior to said hearing.
2. The City of Meridian has authority to grant accessory
uses pursuant to 11-2-410 D of the Zoning and Development Ordinance
of the City of Meridian.
3. The City of Meridian has authority to place conditions on
an accessory use permit.
4. 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.
5. The Zoning and Development Ordinance of the City of
Meridian defines "Accessory Uae Or Structure," at Section 11-2-403
B as follows:
Accessory Use or Structure - A use or structure on the
same lot with, and of a nature customarily incidental and
subordinate to, the principal use or structure. An
accessory use or structure does not alter the essential
characteristics of the principal permitted use and does
not include a building which is defined herein as a
dwelling unit.
The Zoning and Development Ordinance of the City of Meridian
defines "Dwelling Unit" at Section 11-2-403 B as follows, "Dwellinc
Unit - Any building or portion thereof which meets adopted building
codes and is used as a residence or living quarters of one or more
persons."
6. Section 11-2-410 D 1. of the Zoning and Development
Ordinance of the City of Meridian provides in part:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
a. The accessory determination shall be based upon the
relationship of the building, structure or use to
the principal permitted use. Specifically, it must
be habitually or commonly established as reasonably
incidental to the principal permitted use and
located and conducted on the same premises as the
principal permitted use. In determining whether it
is necessary, the following factors shall be used:
(1) The size of the lot in question;
(2) The nature of the principal permitted use;
(3) The use made of adjacent lots;
(4) The actual incidence of similar use in the
area;
(5) The potential for adverse impact on adjacent
property; and
(6) The applicant must be the owner of the
property under consideration and the user of
the accessory use.
b. Family child care homes and home occupations may be
considered to be permissible accessory uses in the
R-4 and R-8 Residential Districts if they are
approved after applying the following additional
review procedures and the applicable accessory use
standards of Section 11-2-410D2:
(3) The applicant shall be required to pay any
additional sewer, water and trash charges or
fees, if any are required.
(4) The use shall be considered as a commercial
use.
7. The property is currently zoned (R-8) Medium Density
Residential District. The surrounding properties are zoned (R-S)
Medium Density Residential District, and are residential homes.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
S. The Zoning and Development Ordinance of the City of
Meridian defines "Family Child Care Home," at Section 11-2-403 B as
follows:
Child Care Facility - Any home, structure, or place where
nonmedical care, protection, or supervision is regularly
provided to children under fourteen (14) years of age,
for periods less than twenty four (24) hours per day,
while the parents or guardians are not on the premises.
There are three (3) types of child care facilities:
1. Family Child Care Home - A child care facility
which provides care for five (5) or fewer children
throughout the day.
It should be noted that in determining the type of child
care facility that is being operated, the total number of
children cared for during the day and not the number of
children at the facility at any one time is
determinative.
9. Section 11-2-410 D 2. b. of the Zoning and Development
Ordinance of the City of Meridian sets forth the standards under
which the Planning and Zoning Commission shall review applications
for accessory use permits. This section provides:
Family Child Care Home Standards: It is the intent of
this provision to provide for accessory family child care
homes which will not adversely impact surrounding
properties due to children's noise, traffic and other
activities, and which are located away from and properly
screened from adverse impacts to the health, safety and
welfare of the children. The following conditions shall
apply:
(1) Secure and maintain a child care license from the
Idaho State Department of Health and Welfare-Child
Care Licensing Division if required.
(2) Acquire an occupancy certificate and/or building
permit.
(3) Provide one off-street parking space per employee
which may be the driveway to the home.
(4) Provide for child pick-up area located off of
arterial or collector streets.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
(5) Provide for screening of adjacent properties to
protect children from adverse impacts and to
provide a buffer between properties.
(6) Provide for a fence of appropriate height/
construction, to enclose play areas, protecting
children from traffic on arterial or collector
streets.
10. This application for an accessory use permit has been
judged upon the applicable standards and guidelines set forth in
Section 11-2-410 D of the Zoning and Development Ordinance of the
City of Meridian basis of guidelines, the record submitted to it
and the things of which the City of Meridian may take judicial
notice.
11. Applications of this nature are difficult because,
notwithstanding objections from neighbors, the Zoning and
Development Ordinance of the City of Meridian provides that the
requested use is permitted as an accessory use if the standards are
met. The Planning and Zoning Commission concludes, considering the
applicable standards and guidelines set forth in Section 11-2-410
D of the Zoning and Development Ordinance of the City of Meridian,
the record submitted to it and the things of which the City of
Meridian may take judicial notice, the Applicant has met the
standards. Consequently, if the neighbors' objections are allowed
to control it is not government by law. The law controls and the
application for an accessory use permit shall be granted, and the
use allowed subject to the conditions imposed.
12. Because conditions may be placed upon the grant of an
accessory use permit, the Planning and Zoning Commission concludes
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
that the following conditions of the grant of the accessory use are
required, to wit:
a. As the ordinances of the City of Meridian only allow up
to five (5) children under the Family Child Care Home,
the Applicant shall be limited to a maximum of five (5)
children, including her own children, to be cared for
under this accessory use permit;
b. The Applicant shall provide for a fence of appropriate
height and construction, to enclose play areas,
protecting the children from traffic, whether or not the
traffic is on arterial or collector streets;
c. The Applicant shall keep the children in the fenced yard
at all times except for drop-off and pick-up times when
the parents shall be required to bring the children into
the Applicant's home and come into the home to pick the
children up. The children shall at no time be allowed
out side of the fenced area when not accompanied by an
adult;
d. The Applicant shall secure and maintain a child care
license from the Idaho State Department of Health and
Welfare-Child Care Licensing Division;
e. The Applicant shall provide one off-street parking space
per employee, if any, which may be the driveway to the
home;
The Applicant shall provide for child pick-up area
located off of any arterial or collector streets;
g. The Applicant shall provide for screening of adjacent
properties to protect children from adverse impacts and
to provide a buffer between properties;
h. The Applicant shall meet the comments, recommendations
and requirements of the City Engineer's office and the
Planning and Zoning Administrator, which include, but are
not limited to the following:
(1) Off-street parking shall be provided in accordance
with Section 11-2-414 of the City of Meridian
Zoning and Development Ordinance;
(2) Outside lighting shall be designed and placed so as
not to illuminate directly any nearby residential
areas, and in accordance with City Ordinance
Section 11-2-414 D.3;
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
(3) No signage shall be allowed;
(4) The Applicant shall provide any information that
she may have with regard to her anticipated water
demand, and the Applicant shall enter into an
Assessment Agreement with the City of Meridian
prior to operation. The use shall be considered a
commercial use and charged commercial rates;
(5) The Applicant shall secure a Zoning Certificate and
Certificate of Occupancy for the Family Child Care
Home prior to operation;
(6) The Applicant shall provide screened trash
enclosures in accordance with City ordinance;
(7) The Family Child Care Home shall not adversely
impact surrounding properties due to the children's
noise, traffic and other activities;
(8) The Applicant shall forthwith schedule an
appointment with the Meridian Fire Department for
inspection prior to operating; and
(9) The Applicant's operation of the Family Child Care
Home without proper approvals will result in
revocation of accessory use permit.
i. The Applicant shall meet and comply with the comments,
recommendations and requirements of the Meridian Police
Department, the Meridian Fire Department, the Meridian
Sewer Department, and the Central District Health
Department; and
j. Violation of any of the above conditions shall be cause
to revoke a zoning certificate for a Family Child Care
Home.
13. The above-conditions are concluded to be reasonable and
the Applicant shall meet these conditions of the grant of the
application for an accessory use permit.
14. That testimony was given that stated the proposed use
would be in violation of the convenants, conditions and
restrictions (CC&Rs) of the subdivision in which the property is
located. It is concluded that the City of Meridian is not bound by
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
a subdivision's CC&Rs and does not have to follow them. However,
the City's action in granting an accessory use permit does not
infer that proceedings cannot be instituted by a property owner to
enforce the CC&Rs against 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 Conclusions
of Law.
ROLL CALL
COMMISSIONER BORUP
COMMISSIONER MANNING
COMMISSIONER MACCOY
COMMISSIONER SMITH
CBAIRMAN JOHNSON (TIE BREAKER)
DBCISION
VOTED eT"p
VOTED /~ ~~
VOTED~-
VOTED ~~~~~ lJl
VOTED
The Planning and Zoning Commission hereby decides and hereby
approves the accessory 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 12. of the Conclusions of Law,
and that the property be required to meet the water and sewer
requirements, the fire and life safety codes, and the Uniform
Building Code, and other ordinances of the City of Meridian. The
accessory use shall be subject to annual review by the City upon
notice to the Applicant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT
accessory use shall be subject to annual review by the City upon
notice to the Applicant.
MOTION:
APPROVED: DISAPPROVED:
~~~~7
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19.
B. GAIL CARRITHERS - ACCESSORY USE PERMIT