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1997 11-12 MERIDIAN PLANNING & ZONING COMMISSION AGENDA WEDNESDAY, NOVEMBER 12, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD OCTOBER 14, 1997: (APPROVED) FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A THEME TYPE SIT DOWN RESTAURANT BY YICK YEE FAMILY CO. - SE CORNER OF FAIRVIEW AVENUE AND LOCUST GROVE: (APPROVED FINDINGS; PASS ON RECOMMENDATION TO CITY COUNCIL) 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A SMALL, IN-HOME PRESCHOOL BY LORELL ROGERS - 3426 E. FLORENCE DRIVE: (APPROVED FINDINGS; PASS ON RECOMMENDATION TO CITY COUNCIL) 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR ANNEXATION AND ZONING TO R-8 FOR ELVIRA SUBDIVISION BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION NO. 4: (APPROVED FINDINGS; PASS ON RECOMMENDATION TO CITY COUNCIL) 4. TABLED FROM OCTOBER 14, 1997: REQUEST FOR A PRELIMINARY PLAT FOR ELVIRA SUBDIVISION BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION NO. 4: (APPROVED PRELIMINARY PLAT; PASS ON RECOMMENDATION TO CITY COUNCIL) 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR ELVIRA SUBDIVISION FOR 33 STANDARD R-8 SINGLE FAMILY LOTS PLUS 8 TOWNHOUSE LOTS BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION NO. 4: (APPROVED FINDINGS; PASS ON RECOMMENDATION TO CITY COUNCIL) 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR ANNEXATION AND ZONING OF 1.8 ACRES TO C-G BY TOM BEVAN -2030 W. FAIRVIEW AVENUE: (APPROVED FINDINGS; PASS ON RECOMMENDATION TO CITY COUNCIL) 7. PUBLIC. HEARING CONTINUED FROM OCTOBER 14, 9997: REQUEST FOR CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER BY TOM n U BEVAN - 2030 W. FAIRVIEW AVENUE: (DEFERRED TO DECEMBER 9, 1997 AS REQUESTED BY APPLICANT) 8. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK NO. 6 SUBDVISION BY RAFANELLI & NAHAS - MERIDIAN ROAD AND CENTRAL VALLEY DRIVE: (APPROVED; PASS ON RECOMMENDATION TO CITY COUNCIL) 9. PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR A FAMILY HOME DAY CARE BY LETICIA PERALTA -LOT 12, BLOCK 3 BEDFORD PLACE SUBDIVISION: (CONTINUED TO DECEMBER 9, 1997) 10. PUBLIC HEARING: REQUEST FOR A REZONE FROM I-L TO C-G FOR A BAR/LOUNGE BY WILLIAM 8 LYNN MARTELL -LOT 7 & 8, BLOCK 1 OF MERIDIAN BUSINESS PARK: (APPLICATION WTHDRAWN) 11. PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A BARlLOUNGE BY WILLIAM 8 LYNN MARTELL -LOT 7 & 8, BLOCK 1 OF MERIDIAN BUSINESS PARK: (APPLICATION WITHDRAWN) MERIDIAN PLANNING & ZONING COMMISSION AGENDA WEDNESDAY, NOVEMBER 12, 1997 - 7:00 P.M. CITY COUNCIL CHAMBERS MINUTES OF PREVIOUS MEETING HELD OCTOBER 14, 1997: ~.~;.~,t~ 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A THEME TYPE SIT DOWN RESTAURANT BY YICK YEE FAMILY CO. - SE CQRNER OF, FAIRVIEW AVENUE AND LOCUST GROVE: _~ry~j~t,c`-ti~21 ~/C 2. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A SMALL, IN-HOME PRESCHOOL BY LORELL ROGERS - 3426 E. FLORENCE DRIVE: ,~d'''~-t-t,~ol t ~C ~ - i'~'~a~ ~->~ ~: ~,~Cti~z~~"r~~ >~~~n_ ~-it ;l 3. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR ANNEXATION AND ZONING TO R-B FOR ELVIRA SUBDIVISION BY RON CROW - 650 FEET SOUTH OF FAIRVIEW 9VENUE, WEST OF DANBURY FAIR SUBDIVISION N0. 4: ,,,~„~,~~,~~;{ }-~-~ I ~= ~- - r'ci-,r' t"'~- 4. TABLED FROM OCTOBER 14, 1897: REQUEST FOR A PRELIMINARY PLAT FOR ELVIRA SUBDIVISION BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION NO. 4: 5. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR ELVIRA SUBDIVISION FOR 33 STANDARD R-8 SINGLE FAMILY LOTS PLUS 8 TOWNHOUSE LOTS BY RON CROW - 650 FEET SOUT OF FAIRVIEW AVENUE, WEST OF DANBURY FP~IR SUBDIVISION NO. 4: _j~>L~,~-c,t- 6. FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR ANNEXATION AND ZONING OF 1.8 ACRES TO C-G BY TOM BEVAN -2030 W. FAIRVIEW AVENUE: :{}j~-~~-L,E~I-1=f-~<:Z i~Ct~~~~~ 'U~:`,ti~;~u>:~~~~C)l *Z; ~,i, 7. PUBLIC HEARING CONTINUED FROM OCTOBER 14, 1997: REQUEST FOR CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER BY TOM BEVAN-2030 W. FAIRVIEW AVENUE: L~,~,~1ti;,,,,a }~r.~E~LK )~CC~,..~y fit: 1~C.~.r~•.Ix,~ c), I~~`1 "? ~ .) 8. PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK NO. 6 SUBDVISION BY RAFANELLI & NAHAS -MERIDIAN ROAD AND CENTRAL VALL~I' DRIVE: ~T~,,~~,i =~ lam` L j 9. PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR A FAMILY HOME DAY CARE BY LETICIA P RALTA LOT 12, BLOCK 3 BEDFORD PLACE SUBDIVISION: ''~;~ 10. PUBLIC HEARING: REQUEST FOR A REZONE FROM I-L TO C-G FOR A BAR/LOUNGE BY WILLIAM 8 LYNN M/ARTELL -LOT 7 & 8, BLOCK 1 OF MERIDIAN BUSINESS PARK: ~;; ~-9~,~~,~,~--,~~. 11. PUBLIC HEARING: REQUEST FOR A COidDITIONAL USE PERMIT FOR A BAR/LOUNGE BY WILLIAM 8 LYNN MAfYTELI -LOT 7 & 8, BLOCK 1 OF MERIDIAN BUSINESS PARK: MERIDIAN PLANNING & ZONING COMMISSION NOVEMBER 12 1997 The regular meeting of the Meridian Planning & Zoning Commission was called to order by Chairman Jim Johnson at 7:00 P.M.: MEMBERS PRESENT: Keith Borup, Byron Smith, Mark Nelson: MEMBERS ABSENT: Malcolm MacCoy: OTHERS PRESENT: Wayne Crookston, Gary Smith, Shari Stiles, Anna Doty, Ron Crow, Richard Draper, Roger Brown, Barry Blessin, Richard Brian Draper, Boyd Yee, Lonnie Fox, Ronald Nahas, Bill Martell, Robert Nelson, Gene Henderson, Dennis Kelly: MINUTES OF PREVIOUS MEETING HELD OCTOBER 14, 1997: Johnson: Are there any corrections or deletions, any discussion regarding the minutes as prepared? Smith: Mr. Chairman, page 19, regarding the, my recollection was the roll call vote was 2 nays, 2 yeas. Johnson: We will make a note of that if it is that in the document and we will make that change. Anybody else? If not then I will entertain a motion for approval with that condition. Smith: Mr. Chairman, I would like to make a motion that we approve these minutes with that notation. Borup: Second Johnson: We have a motion and a second to approve the minutes with the question to be resolved regarding the yea and nay votes on page 19, all those in favor? Opposed? MOTION CARRIED: Alf Yea ITEM #1: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A THEME TYPE SIT DOWN RESTAURANT BY YICK YEE FAMILY CO. - SE CORNER OF FAIRVIEW AVENUE AND LOCUST GROVE: Johnson: Any comments or discussion regarding these findings of fact as prepared by the City Attorney. If you are satisfied I will entertain a motion to have the findings of fact approved. Borup: Mr. Chairman, I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and conclusions. Meridian Planning & Zon• Commission November 12, 1997 Page 2 Johnson: We have a motion and a second to approve the findings of fact as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, MacCoy -Absent, Smith -Yea, Nelson -Yea MOTION CARRIED: All Yea Johnson: Is there a decision you wish to pass on to the City Council? Borup: Mr. Chairman the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and contusions of law or similar conditions as found justified and appropriate by the Gity Council. And that the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements and the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Smith: Second Johnson: We have a motion and a second to pass that recommendation onto the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A SMALL, IN-HOME PRESCHOOL BY LORELL ROGERS -3426 E. FLORENCE DRIVE: Johnson: Any discussion regarding these findings of fact as prepared? Is there a motion for approval? Smith: Mr. Chairman, the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and contusions of law. Borup: Second Johnson: Motion and a second for approval, roll call vote. ROLL CALL VOTE: Borup -Yea, MacCoy -Absent, Smith -Yea, Nelson -Yea MOTION CARRIED: All Yea Johnson: Is there a recommendation you wish to pass onto the City Council? Meridian Planning & Zon~g Commission November 12, 1997 Page 3 Smith: Mr. Chairman the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the conditional use permit requested by the applicant for the property described in the application with the conditions set forth in the findings of fact and contusions of law or similar conditions as found justified and appropriate by the City Council. That the property be required to meet the water and sewer requirements, the fire and life safety codes, uniform fire code, parking requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Johnson: Motion and a second to pass the recommendation as read by Commissioner Smith onto City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR ANNEXATION AND ZONING TO R-8 FOR ELVIRA SUBDIVISION BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE WEST OF DANBURY FAIR SUBDIV-SION NO. 4.: Johnson: Any corrections or discussion regarding these findings of fact as prepared by our City Attorney? Is there a motion for approval? Nelson: I would like to motion for approval of facts and findings and conclusions of law. Smith: Second Johnson: We have a motion and a second for approval of the findings of fact and conclusions of law as prepared, roll call vote. ROLL CALL VOTE: Borup - Yea, MacCoy -Absent, Smith -Yea, Nelson -Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City Council? Nelson: The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these findings of fact and contusions of law. InGuding that the applicant or its successors and interests, assigns, heirs, executors or personal representatives enter into a development agreement. If the applicant is not agreeable with these findings of fact and conclusions of law or is not agreeable with entering into a development agreement the property should not be annexed. Meridian Planning & Zom'ng Commission November 12, 1997 Page 4 Borup: Second Johnson: Motion and a second to pass that recommendation onto the City Council as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED FROM OCTOBER 14, 1997: REQUEST FOR A PRELIMINARY PLAT FOR ELVIRA SUBDIVISION BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION NO. 4: Johnson: This item was tabled because we hadn't approved the annexation and zoning. Would anyone like to discuss this preliminary plat? We have had the public hearing on this we are just addressing this issue now. What would you like to do? Smith: This has a direct effect on item #5, we haven't had findings of fact and conclusions of law on this item then we will have to table the item 5 won't we? Johnson: We can address five and come back to four if that is your pleasure. Smith: Don't you have to have the preliminary plat before you can have the conditional use permit though? Johnson: Right, we have already had public hearings on both though. Borup: Mr. Chairman, 1 move we approve the preliminary plat. Smith: Second Johnson: We have a motion and a second to approve the preliminary plat which is item 4, all those in favoR Opposed? MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT FOR ELVIRA SUBDIVISION FOR 33 STANDARD R-8 SINGLE FAMILY LOTS PLUS 8 TOWNHOUSE LOTS BY RON CROW - 650 FEET SOUTH OF FAIRVIEW AVENUE, WEST OF DANBURY FAIR SUBDIVISION NO. 4: Johnson: Any discussion regarding these findings of fact and conclusions of law? Smith: Mr. Chairman, I was just looking at page 18, item E, and it is referencing Section 11-218 C of the Zoning and Development Ordinance. Item E is the use will be served adequately by essential public facilities and services such as highways, streets, police Meridian Planning & Zoning Commission November 12, 1997 Page 5 and fire protection, drainage structures, refuse disposal serviced adequately by streets and highways and that is as a comment on that. etc. I don't agree that it is all I would like to make as far Johnson: Do you have any comment regarding that Mr. Crookston? Crookston: No I don't, it is up to the Commission. Johnson: Well I haven't reviewed the testimony on this or your comments from the last meeting so I don't recall whether that was an issue at that time. Did you Mr. Smith, did that come up? Smith: I think there was some comments made about the road system over there. I don't know that because of the development that is over there already all the multi- family that this development is necessarily going to make a significant impact on that existing traffic patterns. However I just didn't feel right about not saying anything about it. There is a lot of multi-family over there that this may be just a drop in the bucket as far as the traffic. 1 don't know how bad the traffic gets over there, the streets are pretty narrow. Johnson: Yes the streets are very narrow you are right. We can rather than go back and redraw findings of fact we can direct our motion to incorporate that concern. 1 am assuming that comment is a standard comment and not a specific one. I would prefer to handle it that way so v~ can move on. Smith: Mr. Chairman, I would like to make a motion that the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact and contusions of law with the addition of the comments made tonight. Borup: Second Johnson: Roll call vote ROLL CALL VOTE: Borup -Yea, MacCoy -Absent, Smith -Yea, Nelson -Yea MOTION CARRIED: All Yea Johnson: Recommendation for the City please? Smith: Mr. Chairman, I would like to make a motion that the Meridian Planning and Zoning Commission hereby recommends to the Ciry 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, Meridian Planning & Zon• Commission November 12, 1997 Page 6 the fire and life safety codes, uniform fire code, parking requirements and the paving and landscaping requirements and all ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the applicant by the City. Borup: Second Johnson: All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REQUEST FOR ANNEXATION AND ZONING OF 1.8 ACRES TO C-G BY TOM BEVAN - 2030 WEST FAIRVIEW AVENUE: Johnson: In conjunction with that on item #7 we have a request from the applicant to defer hearing that until December 9~h, but we need to address item #6 first. Borup: Mr. Chairman, I move the Planning and Zoning commission of the City of Meridian hereby adopts and approves these findings of fact and contusions of law. Smith: Second Johnson: We have a motion and a second for approval of the findings of fact and conclusions of law, roll call vote. ROLL CALL VOTE: Borup -Yea, MacCoy -Absent, Smith -Yea, Nelson -Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City? Borup: Mr. Chairman, I move the Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these findings of fact and conclusions of law including that the applicant or its successors and interests assigns, heirs, executors or personal representatives enter into a development agreement. That if the applicant is not agreeable with these findings of fact and conclusions of law and or is not agreeable with entering into a development agreement the property shall not be annexed. Smith: Second Johnson: All those in favor? Opposed? MOTION CARRIED: All Yea Meridian Planning & Zornng Commission • November 12, 1997 Page 7 ITEM #7: PUBLIC HEARING CONTINUED FROM OCTOBER 14, 1997: REQUEST FOR CONDITIONAL USE PERMIT FOR A RETAIL SHOPPING CENTER BY TOM BEVAN - 2030 W. FAIRVIEW AVENUE: Johnson: As I stated the Applicant has requested that be deferred until December 9, however is anyone is here that came for this item and would like to testify tonight we will take that testimony. Anyone wish to address the Commission on this application? Seeing no one we will proceed. ITEM #8: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR CENTRAL VALLEY CORPORATE PARK NO. 6 SUBDIVISION BY RAFANELLI & NAHAS - MERIDIAN ROAD AND CENTRAL VALLEY DRIVE: Johnson: I will now open the public hearing and ask that the applicant or the applicant's representative address the Commission. Lonnie Fox, 8440 Midland Drive, Boise, was swum by the City Attorney. Fox: There is only one of the specific site requirements that we are concerned about. That deals with sewer manholes to be provided to keep the sewer lines on the south and west side of roadway centerlines. Because there is an existing sewer line and the new roadway would cause the distance traveled to be much greater than it is right now. We will have to provide and easement between two property lines so that minimum grades can be maintained in that sewer line. We are willing to provide an easement, I think it is located on the preliminary plat, it shows between lots 12 and 13. The new roadway would make that distance traveled to be much longer around that eastern loop and we wouldn't be able to maintain minimum grades. In that area that would be on the east and north side of the Eight Mile Lateral which we would be in the right of way there would not be a problem. Our one concern is if we go with the roadway as is the standard the alignment for sewer we wouldn't be able to maintain minimum grades. Johnson: Gary Smith, do you have any comment regarding that, are you familiar with the difficulty as stated here by Mr. Fox? Eng. Smith: Mr. Smith, I guess I need to ask Mr. Fox a question. Is this piece of sewer line you are talking about Lonnie on S. Progress Avenue is that where you are discussing, referring to the west side? Fox: Yes, did I say west, I meant east. Eng. Smith: It is on the east side now but you can't put that on the west side Meridian Planning & Zoning Commission • November 12, 1997 Page 8 Fox: With the realignment of the road Gary that makes that distance coming down to the south next to Interstate ti4 and then back up to cross the Eight Mile lateral that is a much longer distance than the original layout that is existing right now. Eng. Smith: Right, I understand that but 1 mean the section you have shown on the preliminary plat you have the sewer on the east side. of Progress Avenue on the east side of the Eight Mile Lateral and I think our comment was referring to placing the sewer on the west side of centerline. Fox: I have to admit I didn't notice that. Eng. Smith: I believe that is what the comment refers to. Fox: We can take care of that. Eng. Smith: Right, it shouldn't be any problem to change that. Johnson: Anything else to add? Any questions of Mr. Fox from the Commissioners? Commissioner Smith? Smith: Yes, I didn't see any kind of an access easement or common access agreement or something on these lots that are located at the back off the streets and then just have a narrow access off the street. Some kind of a criteria here that we don't end up with a bunch of driveways right next to each other, have common access agreement. Fox: The reason the lots were broken out the way they are is because in these commercial developments so many times the purchaser will take two lots, maybe sometimes three, but you have to have some latitude in how you can break them out for sale and that is the reason those are put that way. Smith: I understand that but we have some vehicle here that we can use to prevent having some driveways every ten or 15 feet or in other words not having driveways next to each other that could be better served by one common access onto these property. That is all I am trying to get at. I am not asking you to reconfigure the lots or anything, I can ses your problems here with getting to these back lots. Fox: I am not sure 1 fully understand your question. Would you prefer there to be a culdesac or something as a common entry Smith: No, just an easement or access agreement. Borup: Commissioner Smith are you referring to just common access into the properties, shared access I think is what he is talking, ACHD is probably going to request that anyway I think they usually like to see a shared access. Meridian Planning & Zoning Commission • November 12, 1997 Page 9 Fox: If I could Mr. Nahas is here that could possibly answer that question if I could turn over the mic to him. Ronald Nahas, 3840 Happy Valley Road, Lafayette, CA, was sworn by the City Attorney. Nahas: The answer to your question is that there will be only one entrance there and if you wish to conditionally approve it that way it is fine. It certainly wouldn't be a problem with us because we agree totally. ACHD is not going to allow multiple entrances there it would have to be a common driveway and we would have to provide for reciprocal easements. So it would be pertectly appropriate if you wanted to add that on there that there will be reciprocal easements among those lots in the event of a common driveway. Smith: Thank you Johnson: Any other questions of the applicant at this point? If not I will ask the public anyone that would like to address the Commission on this application. Seeing no one if there is no further discussion 1 will close the public hearing at this time. This is a preliminary plat so it would not require findings of fact and conclusions of law. What is your recommendation to the City? Smith: Mr. Chairman, I would like to make a motion that we approve this preliminary plat and forward it on for the City Council's approval with the inclusion of reciprocal access easements on the lots 15, 16, 17, 19, 20, 21, 22. Borup: Second Johnson: A motion and a second to recommend approval to the City Council with conditions stated by Commissioner Smith, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR AN ACCESSORY USE PERMIT FOR A FAMILY HOME DAY CARE BY LETICIA PERALTA -LOT 12, BLOCK 3 BEDFORD PLACE SUBDIVISION: Johnson: I will now open the public hearing and ask the applicant to come forward and address the Commission or the applicant's representative. Is there anyone here representing the applicant? It is kind of hard to deal with it if nobody is here. So 1 will close the public hearing, since no one is here to testify. Borup: Mr. Chairman, would we want to table this to next month or are you saying forget about it? Meridian Planning & Zoni75g Commission • November 12, 1997 Page 10 Johnson: My personal opinion, we can probably table this to next month. Probably should table this to a date certain ff you would like to make a motion for that. Borup: I think I feel the same, we have had some of these that carry on and 1 wouldn't want to do it more than one month. I move we table this to the December 9"' meeting. Smith: Second Johnson: A motion and a second to table item 9 until our December 9"' regularly scheduled meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR A REZONE FROM I-L TO C-G FOR A BAR/LOUNGE BY WILLIAM AND LYNN MARTELL -LOT 7, BLOCK 1 OF MERIDIAN BUSINESS PARK: Johnson: At this time I will ask the applicant or the applicant's representative to come forward and be sworn and address the Commission. Bill Martell, 2241 NW 10"', Meridian was sworn by the City Attorney. Martell: I am applying for a conditional use and a rezone on property that is, I think everybody has a cop~r of, for the purpose of building a lounge, bar and lounge. Located at Bower and East 5 . Johnson: Is there anything you would like to add or would you just like to entertain questions at this point? Martell: Just entertain questions. Johnson: I just have a basic one, I know other people have one. Since there wasn't any elevations or anything submitted with this. Is this similar to what we had looked at before on Linder Road? Martell: Yes it is the same, I have a copies of the elevation here if you would like to look at them. Johnson: Sure we would, would you give those to Commissioner Smith please. At this point questions from the commissioners for the applicant? Where would the access be to the lounge? Martell: Access will be on Bower, Ada County is requesting that we put our entrances and exits there will be two of them but they will be facing Bower and the building wiA face Bower. Meridian Planning & Zon~g Commission November 12, 1997 Page 11 Johnson: So you have met with ACRD and that is their recommendation as far as accentuating the entrances there. Do you have questions Mr. Borup? Borup: I have a couple on the lot line, 1 noticed several comments on needing the lot line adjustment and resurveying and etc.. Martell: That is in the process if it isn't already done. Borup: Any comments on the irrigation easement long the western boundary? The plats we have do not indicate any of that? Martell: Most of that has been abandoned I believe and the only thing they were going to restrict us is that when we put a tree or a shrub that we don't get into that. We have heard from Nampa Irrigation on that and they sent us a little deal there on where that it. All we have to be careful of is that we don't try to plant a tree or something over that lateral. Borup: So there is a lateral there. Martell: Yes, that is abandoned or is going to be abandoned one of the two. Borup: That was my question, how do you partially abandon something. Martell: I don't know either, I am just going by what they sent me. I didn't bring my copy. Borup: Are they keeping the same 40 foot right of way though. Are they at this point still retaining a 40 foot right of way? Martell: As far as I know yes. Borup: Is that indicated on your plat? So they are allowing the parking to be partially on the right of way. Again the other question was pertaining to the resurveying (Inaudible) Comment number three from staff made reference to a detailed planning strip provided to the Commission prior to action. Was that comment made before this site plan was submitted or do you know? Martell: I don't know for sure Keith. Borup: Maybe we need to ask, Shari did she leave? The plat we have got looks pretty detailed, I am not sure what more should be added. You have got planting strips around all three sides of the property. Question on item #3 under the conditional use permit which I guess I am skipping ahead, but while we are at it I will go ahead and ask. Item #3 referred to a revised plan detailing planting strip was that comment made before the site plan was turned in? Meridian Planning & Zon• Commission November 12, 1997 Page 12 Stiles: No that wasn't, that was after we came into some of these problems that are outlined here that they should revise that site plan to show all of those easements and the seepage beds and a more realistic landscaping plan considering they have got some issues to deal with as far as easements Borup: On the irrigation easement on the west. Was that the only issue that would cause a problem was the irrigation easement? Stiles: The irrigation easement also the seepage bed the easement that is owned by Ada County Highway District along Borup: Which was inside their property? Stiles: Yes, the property line that is shown here doesn't appear to be accurate, it is hard to tell without any centerlines from the road shown. Borup: Maybe it would be more appropriate to discuss that on the conditional use. Johnson: Anyone else? Smith: I guess just since we are on the zoning thing I am just going to stick with the zoning thing right now. I don't know, I guess my gut reaction or first reaction after driving over and visiting the site and driving through the business park and around down 3ro and adjacent neighborhoods is that I just have a hard time picturing this as an appropriate site for a lounge. Mr. Martell don't get me wrong I want to see you do this project. Martell: Well consider the village pub that one is off the beaten path a little bit too and they still do quite a business. I realize this isn't on a thoroughfare so to speak and it is in alight industrial area. We went ourselves and knocked on every door and none of the merchants there have had any problem with us doing that as far as having that location. I don't think it is that bad, it is just off the beaten path a little bit and with the right clientele get the right people in there it will work. Smith: I don't think my reaction to it is so much based on the fact that it is off the beaten path so much as it is just the surrounding uses. Johnson: It is a permitted use in the park though. Do you have anything Mr. Nelson? Do you have anything you wish to add? Martell: No I don't. Johnson: Anyone from the public that would tike to address this application at this time? Meridian Planning & Zon~g Commission • November 12, 1997 Page 13 Richard Draper, 511 East Bower, Meridian, was sworn by the City Attorney. Draper: Mr. Chairman and members of the Commission, first off I personally do not know these people Bill and Lynn but I have a very working knowledge of their clientele. I lived downtown in Meridian on East First Street for over 25 years with bars on both sides of me. Everything that I have had in my parking lot has either been hit, smashed, trucks parked on top of my awning frames, they have been vomited on, they have been urinated on, they have been totally desecrated. Anything that was ever left in the parking lot of any value is stolen over night. I moved over on Bower Street to get away from some of this. Not it is asking to come right next door to me again. My vehicles have been hit when mine and one other car were the only one in the parking lot and they hit it. So I personally am very much opposed to having this as my neighbor. This is an industrial park we are an industrial business over there and all the neighbors around me are in the same type of work. Therefore I am definitely against this. Johnson: Mr. Draper where do you live in relation to this, you said next to it? Draper: My business is at 511, my home is at 3015 Targee, Boise. Johnson: Your business is next door. Draper: Yes, right across the street. And even though the plans to me look like they may have adequate parking if they have such a thing as a party and the parking lot is full they are not going to go across the street in the mud they are going to come over into a paved parking lot right next door. This brings in my opinion a clientele in the area that vve don't need over there nor do we want. That is all I have to say. Johnson: Any questions of Mr. Draper? Borup: Yes, I was confused as to where you were located. You said you were right next door and then you were across the street. Draper: I was at 706 East First for 25 years. Barup: Presently? Draper: Presently I am right on 5`" and Bower. Borup: Are you on the north side of Bower or the south side of Bower? Draper: On the east side south of Bower, on the east side of 5"'. Borup: So you are right on the other comer there, that is what I was going to ask. Johnson: Thank you Mr. Draper Meridian Planning & Zon~g Commission • November 12, 1997 Page 14 Roger Brown, 4822 N. Smokey Ridge Lane, Eagle, was sworn by the City Attorney. Brown: Mr. Chairman and Commissioners, 1 would like to ~o on record as being opposed to this zoning change. I own a business at 205 East 5 ,Boise Manufacturing in this business park. We have over the years put a lot of money and a lot of effort into maintaining a nice Gean business atmosphere in the industrial park. It is an industrial park, I don't think it is appropriate to put a lounge in the park. I think it is totally inappropriate. I am just going to address question 10 at this time because we are not going to do both at the same time ten and eleven? Johnson: What we normally do when they are Gosely connected because there tends to be an overlap of information is we incorporate the testimony if that is what you want to do for example in this case ten into eleven when we have that. But we have to handle them as separate public hearings. Normally we will just incorporate all the testimony so nothing is lost. Brown: I also agree with Mr. Draper that we have a lot of equipment that belongs to customers sitting around our business at numerous times and I would be very concerned about the late atmosphere, 1:00 in the morning, midnight. People are not in there drinking 7 up they are in there getting intoxicated. I just foresee an awful lot of problems due to the application if it is approved. So I would just like to go on the record that I am totally against it. Any questions from the Commissioners I would be glad to ansv~r. Borup: Mr. Brown, what type of business did you say you had? Brown: Boise Manufacturing we manufacture our major business is big truck tarps, industrial covers. Borup: Do you have a fenced yard? Brown: We have a fenced back yard. Borup: But you say you have a lot of equipment that is out in the open, is it scattered around the parking lot? Brown: Some will be in the back, sometimes we get some that have to be left out front over night. We do custom fitting on a lot of equipment for the City and the state like wenches and booms and sometimes there equipment sitting out of the unenclosed area. The back part is Gosed and it is locked. Borup: Have you had any problems with (inaudible) Brown: We have not had any problems? Meridian Planning & Zon~g Commission • November 12, 1997 Page 15 Brown: We have not had a problem, vre have been there like 7 years, I think we were the second building to go into that industrial park, about seven years ago. We went into it because it was zoned industrial, that is why we put the money up front and built the building and moved our business over from Fairview to the industrial park to be in an industrial park because it relates a lot to our business. Borup: Is that your main concem you feel now is that you do have concem about equipment damage? Brown: I have concem about the atmosphere that is going to be created there from 8 to midnight or 1:00 in the morning. I am not against a guy having a cold beer or having a good time. Sometimes I can foresee that it is going to be a major problem. I can see some things are going to happen, I just have a feeling about it. Borup: That was my question, 1 am not sure what your concem was. Is your business open after 8? Brown: No, we close at 5:00 at night, we are a manufacturing business. My concern is people leaving the bar late at night and if I have a piece of equipment sitting out there I have guys dropping off truck tarps at night. We have an area there they can put them if they can't get there before we cbse. A set of truck tarps is $1000 very easily picked up and thrown into the back of a pick up and they are gone. There is an awful big black market for stolen merchandise like that. It could happen, I am really concerned about it. Johnson: So the vehices out there are primarily customer vehicles that are left overnight (End of Tape) Anyone else like to come forward? Robert Nelson, 1185 Rolling Hill Drive, Meridian, was swum by the City Attorney. Nelson: I am an instructs and member of the Meridian Optimist Club and we have the Meridian Junior Rifle Club located at 536 East Bower which is within 300 to 400 feet of the proposed bar. On your map that would be lots 14, 15, 16 and 17 of the Block 2 of Bown's Rail Road addition and vre have been there for 15 years. Typically we have over the course of the year we have probably 170 hunter education students ranging from 12 to 18 years old. We have 200 plus boy scouts, girl scouts, explorer scouts shoot at our range over the course of the year. We currently have 56 registered shooters that shoot there one night a week and we are in operation four nights a week. With matches and everything like that we are there sometimes 5 nights a week and also on ~nreekends. We are concerned about safety. We have some kids that walk down Bower and the south side of Bower is the only street or the only side that has sidewalks on it. We have kids that bicycle and walk down there. We feel it is a very inappropriate place for a bar and we are very opposed to it. Our motto is shoot targets not drugs and they are going to be shooting drugs there. Any questions? Thank you Meridian Planning & Zon~g Commission • November 12, 1997 Page 16 Johnson: Anyone else? Richard Brian Draper, 424 W. Cherry Lane #142, Meridian, was sworn by the City Attorney. B. Draper: My father talked a little bit ago, Idaho Tent and Canvas is a family business and I am here speaking for my brother also who couldn't be here tonight. But we are opposed to this coming in because there are a lot of c~ncems like my father talked about at the first. But there is also a question of it being on 5`" and Bower. Bower Street has maybe three lights, street lights between that and East First Street. There are no street lights in the industrial park itself. If you go there at night you will see it is very dark in that area. We also have some concerns with people leaving there if they go out on Third Street then you have the rail road crossing with just a stop sign. You go down Bower and in between Meridian Meats and Double D Feed that road narrows quite a bit with the light poles and stuff that are there and the way the equipment is parked and stuff. Those are just a few of the things we thought of. Initially when we heard about it we thought why here why a bar in an industrial park and that is why we are opposed to it. Johnson: Any questions of Mr. Draper? Gene Henderson, 1371 West Merganser, Meridian, was swum by the City Attorney. Henderson: We are on East 5`h there, RPM Machine, as it is has been stated before a bar or lounge in an industrial park really isn't appropriate. We have manufacturing of small parts and tooling and we do have quite a bit of stuff involved in our business so we feel it would be jeopardized if those areas and that would be allowed in that zone industrial park. That is my objection. They would probably be using the parking lots and that we use late in the evenings. We do have a second shift. So we are running two shifts a day five days a week. Our concern is the safety of our people. Johnson: Thank you Mr. Henderson? Any questions of the Commissioners? Borup: Do you know what lot you are on, you said you on are 5"' Street? Henderson: The Boise Basin Electric is the building that we are leasing from next door to Idaho Tent. Borup: Just directly south of that? Henderson: Yes Johnson: Anyone else that would like to come forward at this time? Barry Blessin, 217 East Ada, Meridian, was swum by the City Attorney. Meridian Planning & Zon~ Commission • November 12, 1997 Page 17 Blessin: I own two adjoining Tots next to the proposed bar. My concerns are the first lot that I purchased about 8 years ago my intentions with that lot were to build my house. It is an acre and a half would be to the southwest of the property. I bought the -ot because it was an acre and a half in town which is a pretty hard thing to come by. My intentions were to build my house about 250 feet off of Third Street in the middle of that lot to where I would have nice peace and quiet away from the neighbors and have a lot of room around me. I would just like to have some peace and quiet and I think that I certainly wouldn't be getting that if I had a bar next door. I bought the property on a ten year contract and I have been paying extra every month trying to get it paid off so I can start building my house, I plan on paying it off within the next 6 months and start building my house. The other property I own is at 343 East Bower, it is an L-shaped property, part of the property actually touches the borderline of the proposed lot where the lounge would be. I bought the lot because of its industrial zoning. I do auto body repair work and I plan on demolishing the house which is in a poor state now and building an auto body shop a repair shop. t work on a lot of custom and exotic sport cars and four wheel drives and sport utilities and that sort of thing. So I would have a lot of very expensive vehices sitting outside all night long, customer's vehicles that I would be concerned about being vandalized and this sort of a situation. Also 1 would like to note at this point my girlfiend is living in the house at 343 East Bower with her seven year old son. It will probably be two years before 1 get around to building the shop. So she will be there until that time and I am concerned about the safety of her son and her well being. Any questions? Borup: Again, just on location, are you on Lot 5, do your two lots adjoin each other? Blessin: Yes, 5 and 6 I own and also this L-shaped lot which part of it adjoins Lot 8 there. Johnson: Anyone else that hasn't testified yet that vwuld like to? Dennis Kelly, 600 N. Steelhead Way, Suite 144, Boise, was sworn by the City Attorney. Kelly: I am kind of taken back tonight, I work for W.H. Moore Company, we are the owners of the property and we thought we had taken this precaution when we had entered into our agreement with Mr. Martell. We specifically requested that he contacted all the neighbors within the 300 foot radius and we wouldn't have caught some of you that were past that and I apologize for that. But because we don't want this to be something that doesn't fit in and if it is not going to fit in then wee won't sell the ground. guess I don't know where to go from here, I was set to answer some of your technical questions on the lot and some of those things, and I am not familiar with your procedures here. If there is a way to allow this to be tabled until we can have a meeting with Bill and find out for sure what he can do to overcome some of these objections. I am not so sure that we are in a position to sell him the ground if we can't overcome it. I would offer that up as a suggestion to you. Meridian Planning & Zoning Commission • November 12, 1997 Page 18 Johnson: Thank you Dennis, I appreciate that. It is probably in the Applicant's best interest to do that I would guess. Kelly: It is absolutely not in Winston's demeanor to do something that is opposed to what he has already sold ground for. He just won't do it. Unless there can be a happy arrangement made with everybody to where everybody feels comfortable with what is going in we just won't do it. 1 would appreciate that time if that is the way you can function. Johnson: Thank you any questions of Mr. Kelly? Borup: I guess I am curious as to what your comfort level is on something like then. Are you saying (inaudible) apparently you must have felt comfortable with it when you first started and entered into a contract. Kelly: We weren't that comfortable and that is why vre put in the agreement that and we placed that in our agreement that prior to this hearing the applicant was to go around and get solicit the comments from every owner with 300 feet. We were given the report back to us that they had done that and there wasn't a sole that was opposed to this. We come to this meeting now and we find out that there is a significant amount of that and I am really quite distraught over that whole process. Because we didn't want to be in this position where we were coming before you with something that wasn't accepted within the neighborhood. That doesn't work for you, the tavern or for us. I don't know what the solution is now accept for allowing the time to meet and see if there is any resolution with the people that have expressed their concerns, if not then we will pull our earnest money agreement and go find something that is more compatible and apologize to everybody. Johnson: Thank you, does anyone else have a comment? Blessin: I was never contacted as far as my feelings as to what was going to be taking place there. I was never contacted as an adjoining property owner. Johnson: Thank you, if there is no one else that would like to testify at this time then will close the public hearing. What would you like to do Commissioners? Smith: I am ready to vote on it right now but out of respect for the applicant 1 am willing to entertain a motion to continue this or table it to the next meeting. Is that a motion if nobody else has any other comments? Borup: 1 wouldn't mind asking Mr. Martell a question or two. Johnson: Well we need to handle the motion, it either dies for a second and we redo it or we have discussion after the second. Meridian Planning & ZornTig Commission • November 12, 1997 Page 19 Smith: I will let the motion die, I withdraw it. Crookston: You need to re-open the public hearing Johnson: We can do that, I will re-open the public hearing then. Mr. Borup you have a question. Borup: Mr. Martell I just wondered if you had any additional comments at this point after hearing the testimony? Martell: We did go around and get a lot signed from the applicants or the people adjacent to. We did miss Mr. Blessin, we did go to Idaho Ten and Canvas and we did not follow up on that and get their input. The rest of them across the street and next to them we did get some signed where they had no qualms about it whatsoever. Mr. Blessin we did for some reason miss him but I do not know why, but we didn't hit him at all. We should have been a little more thorough. 1 don't want to go in there again one more time where there are unhappy people. If it isn't going to fit we will just find another place. Borup: You are definitely making progress. Martell: We are getting a little closer. Respectively saying I understand what Dennis Kelly said and I feel bad that we missed a few people but we did quite a few of them signed but evidently we missed some that we shouldn't have or we wouldn't be in this position because I don't like it either. Borup: I feel this is definitely a much better site than your previous. Obviously it is not real exciting to all the neighbors and 1 am not sure where you find a site that is that way 100%. Martell: I know that, there is always going to be some people that aren't going to (inaudible) it looks like it may be beyond just a couple and I am leaning towards Mr. Smith to probably table this. Especially if you think, (Inaudible) Martell: Yes I think that is the way to do it, figure out what exactly what we are going to do. If that spot isn't going to work we will just pull our horns in again and keep looking. Johnson: But to bring this more to the point, are you in favoring of tabling it now or are you pretty well convinced that it might be a waste of time? Martell: I am pretty well convinced that it is going to be a waste of time. Johnson: Then I don't see any sense in tabling it at this point. We could I believe have a motion just for a withdrawal isn't that right Counselor? Meridian Planning i3< Zon~g Commission • November 12, 1997 Page 20 Crookston: The applicant can move to withdraw it. Martell: I would like to move to withdraw it. Johnson: Thank you Mr. Martell I think you are being very reasonable in this case. If this application is being withdrawn then it makes then it makes item 11 a mute item as well in my opinion and would also be withdrawn on the conditional use permit. Does anyone else have anything else they would like to say? Borup: Close the public hearing, you opened the public hearing for my question do you need to dose it? Johnson: Yes, I will close the public hearing at this time. Let's formally make that motion that we concur with the request for withdrawal by the applicant. Smith: Mr. Chairman, I would like to make a motion that the Planning and Zoning Commission Concur with Mr. Martell's withdrawal of his application. Borup: Second Johnson: Discussion? We have a motion and a second for concurring with the withdrawal by the applicant on this item so that no further time is expended, all those in favor? Opposed? MOTION CARRIED: Alt Yea ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A BAR/LOUNGE BY WILLIAM & LYNN MARTELL -LOT 7, BLOCK 1 OF MERIDIAN BUSINESS PARK: Crookston: I think it would be appropriate to open it and then incorporate the testimony from number 10 and then take action. Johnson: I will open the public hearing on item #11, normally the applicant would come forward at this time, I believe he is gone he has withdrawn. So I would anybody have a comment they would like to incorporate into this public hearing. We will take alt of the testimony that has been said previously and incorporate it. In other words we are just going through the technicality here. I will Dose the public hearing at this time then. We need your recommendation, let's go through the same procedure. Smith: Do we need to incorporate the previous testimony or has that already been done? Johnson: I think I already mentioned that but make it a part of your motion. Meridian Planning & Zonl~fg Commission • November 12, 1997 Page 21 Smith: Mr. Chairman, I would like to make a motion that the Planning and Zoning Commission incorporate the testimony on item 10 into this item and accept the applicant's withdrawal of item 10 and this item as well. Borup: Second Johnson: We have a motion and a second to vote on the motion as stated by Commissioner Smith to concur with the withdrawal of the application, all those in favor? Opposed? MOTION CARRIED: All Yea Nelson: Mr. Chairman, I want to make a motion to adjoum. Smith: Second Johnson: Motion and second to adjourn, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 8:13 P.M. (TAPE ON FILE OF THESE PROCEEDINGS) ATTEST: WILLIAM G. BERG, JR., CITY CLERK APPROVED: ~ CITY OF MERIDIA~ PUBLIC MEETING SIGN-UP SHEET ~i~ ~~ ~. ~; , ~ BEFORE THE MERIDIAN PLANNING AND ZONING LORELL ROGERS CONDITIONAL USE PERMIT FOR A SMALL, IN-HOME PRESCHOOL 3426 EAST FLORENCE DRIVE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on October 14, 1997, at the hour of 7:00 o'clock p.m., the Applicant, Lorell Rogers, appearing personally, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law. FINDIN(i8 OF FACT 1. A notice of a public hearing on the application for the conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled on October 14, 1997, the first publication of which was fifteen (15 ) days prior to said hearing; that the matter was duly considered at the Oetober 14, 1997 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property is located within the City of Meridian at 3426 E. Florence Drive. 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 LORELI, ROGERS - CONDITIONAL USE PERMIT Finalized 10-24-97 . ~' 3. Pursuant to the application, the property is presently used as a private residence. The proposed use of the property, in addition to use as a private residence, is to operate a small, in- home preschool 3-4 days per week during the hours of 9 a.m. through 12 p.m. The Applicant presented a site plan depicting the location of the proposed use. Further, pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. 4. Lorell Rogers, the Applicant, testified substantially as follows at the public hearing. The Applicant proposes a small, in- home preschool to be operated out of her newly constructed private residence four days a week between the hours of 9:00 a.m. and 12:00 p.m. The Applicant holds a bachelor's degree in early childhood education from Brigham Young University, and has worked previously for ten months at a preschool facility in Pullman, Washington. The Applicant's home has been constructed as depicted on the site plan, with a preschool having its own entrance. The yard is fenced, with a separate gate for the preschool. There will be no more than five children in the preschool at any one time, inclusive of the Applicant's own children. The children will be outside for no more than thirty minutes at a time and so the noise should be minimal. The site plan calls for, and the residence has been constructed to provide, adequate off-street parking for all five parents, should they show up at the same time to pick up their children or drop FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 LORELL ROGERS - CONDITIONAL USE PERMIT Finalized 10-24-97 them off. The Applicant will do all she needs to do to comply with the conditions placed on the permit. 5. In response to questioning by Commissioner MacCoy, the Applicant testified substantially as follows. There will be a six foot (6') high wooden fence surrounding the preschool and play area, the gates will be locked, there will be no handicapped children at the preschool, there will be no signage per the subdivision's covenants. 6. Roy Russell, of Rolland Realty, the Applicant's realtor, testified in support of the Applicant's proposed use. 7. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, have submitted comments, which respective comments are incorporated herein as if set forth in full. Said comments are set forth in full, as conditions of granting this conditional use permit, in paragraph 12 of the conclusions of law section below. 8. The Meridian Fire Department, Meridian Police Department, and Central District Realth Department submitted comments, which respective comments are incorporated herein as if set forth in full. 9. There was no further testimony given at the hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 LORELL ROGERS - CONDITIONAL USE PERMIT Finalized 10-24-97 ~ s including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. 4. The property is currently zoned (I-L) Light Industrial. In the ZONING SCHEDULE OF USE CONTROL, Section 11-2-409 B., Commercial, Private Nursery Schools are listed as a conditional use in the I-L District and, therefore, in the I-L District a conditional use permit for the operation of an in-home preschool is required. 5. The I-L, Light Industrial District is described in the Zoning Ordinance, 11-2-408 B. 14 as follows: (I-L) Liaht Industrial - The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the city of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 LORELL ROGERS - CONDITIONAL USE PERMIT Finalized 10-24-97 6. Conditional Use Permit is defined in the Zoning And Development Ordinance, City of Meridian, Idaho as "Permits allowing an exception to the uses authorized by this Ordinance in a zoning district." 7. The use proposed by the Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409 B. 8. 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. 9. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 10. 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, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 LORELL ROGERS - CONDITIONAL USE PERMIT Finalized 10-24-97 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. 11. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use; c. The use is designed and is to be constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; e. The property has sewer and water service already connected, but Applicant may have to pay additional fees for the use; 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; FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 LORELL ROGERS - CONDITIONAL USE PERMIT Finalized 10-24-97 g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 12. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning. Administrator, Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Central District Bealth Department and Nampa & Meridian Irrigation District and other governmental agencies submitting comments; c. The conditional use shall not be restricted to a period of authorization but shall be reviewed annually, or more often if conditions warrant, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; d. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 LORELL ROGERS - CONDITIONAL USE PERMIT Finalized 10-24-97 ~ ~ landscaping requirements; e. The Applicant shall provide for a fence of appropriate height/construction, to enclose the play areas. The fence is to be constructed prior to obtaining a Certificate of Occupancy for the preschool. f. No signage is permitted. g. Off-street parking shall be provided in accordance with Section 11-2-414 of the City of Meridian Zoning and Development Ordinance. No unpaved areas are to be used for parking. The driveway as shown on the application's site plan provides adequate off-street parking. h. Sanitary sewer and water to this facility would be via existing service lines. Assessments for sewer and water service will be reviewed to see if additional load would justify an adjustment. The Applicant will be required to enter into an Assessment Agreement with the City of Meridian prior to beginning operation. The use may be considered a commercial use for billing purposes subject to direction of the City Council. i. The building shall meet all applicable Uniform Fire Code and Uniform Building Code requirements grior to obtaining a Certificate of Occupancy. if the conditional use permit is approved, Applicant is to schedule an appointment with the Meridian Fire Department for inspection and shall correct any problems prior to operating. Operation of the preschool without appropriate approvals will result in revocation of the conditional use permit. j. The Applicant shall obtain a Certificate of Zoning Compliance and a Certificate of Occupancy prior to operation of the preschool. k. The preschool shall not adversely impact surrounding properties due to children's noise, traffic and other activities. 13. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 14. It is recommended that if the Applicant meets the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 LORELL ROGERS - CONDITIONAL USE PERMIT Finalized 10-24-97 conditions stated above that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP MACCOY COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMAN JOHNSON (TIE BREAKER) ~q1 ~~y\ ~~ VOTED t~- VOTED _L ~l- _~ VOTED VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 9 LORELL ROGERS - CONDITIONAL USE PERMIT Finalized 10-24-97 DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: DISAPPROVED: ~~~tilk7 FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 LORELL ROGERS - CONDITIONAL USE PERMIT Finalized 10-24-97 BEFORE THS MERIDIAN PLANNING AND ZONING COMMISSION YICR YSH FAMILY COMPANY CONDITIONAL USS PERMIT FOR THB CONSTRUCTION OF WINGERS, A SIT DOWN FAMILY RESTAURANT SOUTHEAST CORNER OF FAIRVISW AVE. AND LOCUST GROVE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing on October 14, 1997, at the hour of 7:00 o'clock p.m., the Applicant, appearing through its representative, Boyd Yee, 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. FINDII<OS OF FACT 1. A notice of a public hearing on the application for the conditional use permit and application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled on October 14, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 14, 1997 hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations:. 2. The property is located within the City of Meridian at the Southeast corner of Fairview Avenue and Locust Grove. The FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 MICR Y88 FAMILY CO. - CONDITIONAL USB PERMIT Finalized 10-28-97 property is described in the application for a conditional use permit, which description is incorporated herein as if act forth in full. The Applicant is not the owner of record of the property. The record owner of the property is Schrandt Family Limited Partnership, c/o Dick Schrandt, and he has consented to the application for the conditional use permit. 3. Pursuant to the application, the property is presently zoned as CG, General Retail and Service Commercial, and is vacant. The proposed use of the property is to construct and operate a theme type sit down family restaurant of approximately 3,000 square feet with 41 parking spaces. The Applicant presented a site plan depicting the location of the proposed use. Further, pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. 4. Boyd Yee, representative for the Applicant, testified substantially as follows nt the public hearing. His partnership intends to build a restaurant named Wingers nt the locution. The Applicant ha^ no problem with any of the staff comments or the comments of ACHD, and will do all~it can to comply with the comments,~conditions, and ordinances of Meridian. 5. In response to questions by Commissioner MacCoy, Mr. Yee testified substantially as follows. His establishment is a relatively new franchise which stnrted about 3-4 years ago. There is one in Idaho Falls, one in Pocatello, and 10 in Utah and FINDINGS OF FACT AND CONCLUSIONS OF LAIi' - Page 2 MICR Y$H FAMILY CO. - CONDITIONAL USH PERMIT Finalized 10-28-97 Arizona. There will be primarily American food, featuring buffalo wings, ribs, barbecued chicken, sandwiches, and pasta dishes. The building will appear as it does in the submitted illustration, it will be a stick frame building with an appearance similar to a trolley car. The restaurant is a little over 3,000 square feet. A pole sign is preferred, and would be done well with muted colors, but a monument sign could be done also. kith the turn barricade in Fairview at the corner of Fairview and Locust Grove, the concern is that customers won't see the sign if it is low to the ground until they have passed. The Applicant will fully comply with all ADA, lighting, and other requirements and conditions. 6. Commissioner Borup commented that the building is very attractive and right up next to the rood, how was that decided? In response, Mr. Yee stated thnt the restaurant has such a facade on it, they wanted it close to the road so everyone could see it. Commissioner Borup then commented that the restaurant really will not need any signage in addition to the front, which is predominant. 7. Commissioner Borup then asked City Engineer Gary Smith if the staff comments regarding the water line coming in from Locust Grove are different than the Water Department which said the water line would come in from Fairview. 8ngineer Smith replied that the eventual goal is to have water lines on both sides of Fairview as development spreads along the south side of Fairview. Bowever, there shouldn't be a problem with bringing the water lin® in from FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 YICR YBE FAMILY CO. - CONDITIONAL USE PERMIT Finalized 10-28-97 Locust Grove for this project. 8. Commissioner Smith commented that he would like to see actual elevations with heights and materials. Mr. Yee replied that the Applicant has submitted the elevation• and floor plan. Commissioner Smith further commented that the building is predominant enough that no additional aignage is really needed. Also, a sidewalk should be constructed through tha berm to allow pedestrians easier access to the front of the building. In response to additional questions Hy Commissioner Smith, Mr. Yee testified substantially as follows. There will be a sidewalk between the parking lot and building for the service area, the trash will be hidden by an enclosure constructed of the same materials as the building, and the trash enclosures will be on wheels to be ramped down to the service area. 9. Bill Geyer, representative for the Sohrandt Family partnership, testified substantially as follows. Be does not understand the Water Department's comments regarding the water line from Fairview Avenue and is concerned as to whether that will be a requirement of the development. Commissioner Borup responded that he believes it is something the Department would like to see someday, but not a requirement at thin time. City Engineer Smith responded that the water line dose not have to be put in from Fairview unless the Applicant would like to. Mr. Geyer further testified that the Schrandt Family partnership has been involved with the property at issue for 3 1/2 to 4 years, and has borne the FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4 YICK YEE FAMILY CO. - CONDITIONAL USS PERMIT Finalized 10-28-97 financial burden of finding the perfect Applicant for that parcel. They believe this Applicant is the perfect business and hope that the plan will be acceptable and will be approved because it will be e great use for the City. 10. Bruce. Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, have submitted comments, which respective comments are incorporated herein as if set forth in full. 11. The Meridian Fire Department, Meridian Police Department., Meridian Sewer Department, Meridian Water Department, Central District Health Department and Nampa & Meridian Irrigation District eubmitted comments, which respective comments are incorporated herein ae if set forth in full. 12. There was no further testimony given at the hearing. COIiCLUSIOIIB OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 YICR YSS FAMILY CO. - CONDITIONAL USS PERMIT Finalized 10-28-97 own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the 3tnte. 4. The property is currently zoned (CG) General Retail and Service Commercial. The CG, General Retail and Service Commercial District is described in the Zoning Ordinance, 11-2-408 B. 11 as follows: Ic-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 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. 5. In the ZONING SCHHDULS OF USE CONTROL, Section 11-2-409 B., Commercial, Restaurants are listed as a permissive u.e in the CG District, and therefore, do not require a conditional use permit. However, when this parcel of land was annexed, as a condition of the annexation it was provided that "nny use or development of the property shall only be allowed as a conditional use with design review." See City of Meridian Ordinance No. 677, incorporating the conditions of annexation contained in the Findings of Fact and Conclusions of Law. 6. That in the annexation and zoning of the subject parcel of land in 1994, it was determined that since the use of all the parcels of land included in the annexation had not yet been determined, under the Comprehensive Plan, the City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6 YICK YEE FAMILY CO. - CONDITIONAL US8 PERMIT Finalized 10-28-97 would have the authority to review the future uses by requiring conditional use permits. 7. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed-Use Area and Locust Grove Road and Fairview Avenue, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility. 8. Therefore, under the conditions of the prior annexation of this parcel of land, and by the authority of the City of Meridian under the Comprehensive Plan, a conditional use permit i• required for Applicant to operate a restaurant on this parcel of land. 9. 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." 10. 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 condition• 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 sat time period for which a conditional use may be in existence. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 7 YICR YEE FAMILY CO. - CONDITIONAL USE PERMIT Finalized 10-28-97 11. 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 Co~iasion and Council may prescribe a eet time period for which a Conditional Use may be in existence. 12. 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 mny take judicial notice. 13. 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 facto 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 concludae as follows: e. The use, would in fact, constitute a conditional use and a conditional use permit would ba required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan but the prior annexation of the land was conditioned upon a review of each proposed use and requires a conditional uee permit to allow the FINDINGS OF FACT AND CONCLUSIONS OF LA9P - Page 8 YICR YSS FAMILY CO. - CONDITIONAL USS PERMIT Finalized 10-28-97 use; c. The use ie designed and ie to be constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the uss should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; e. Sewer and water service is available, but the Applicant may have to pay additional fees for the use; f. The use would not create excessive additional requirements at publio cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 14. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 YICR YSE FAMILY CO. - CONDITIONAL USB PSRMIT Finalized 10-28-97 owner or lessor of the subject property or to another property; b. The Applicant shall meet the requirements of the City Bngineer's office, the Planning and Zoning Administrator, Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Central District Health Department and Nampa & Meridian Irrigation District and other governmental agencies submitting comments; c. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; d. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements; e. Any existing irrigation/drainage ditches crossing the property to be included in thi• project, shall be tiled per City Ordinance 11-9-605.M. Plana 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. f. 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 ae landscape irrigation. q. The Applicant must determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with the development plane. h. The Applicant moat secure a surety for any uncompleted improvements prior to temporary Certificate of Occupancy being issued. i. The Applicant must coordinate fire access and hydrant locations in accordance with the City of Meridian's Water Superintendent and Meridian Fire Department policies. Fire hydrant locations shall FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 YICR YBH FAMILY CO. - CONDITIONAL US8 PHRMIT Finalized 10-28-97 be depicted on development plans. j. Handicap parking, associated signaqe and building construction shall meet the requirements of the Americana with Disabilities Act. k. All signs must meet the requirements of the Uniform Sign Code and the Meridian City Ordinance. Flaahinq signs and temporary signs will not be permitted. All signs are subject to review and approval of the Plnnning and Zoning Department. Sign permits are to be obtained prior to construction. Upon three days' notice to any tenant, the City of Meridian will remove any unauthorized signaqe. 1. Applicant will provide a screened trash enclosure per City Ordinance Section 11-2-414.A.3. The applicant shall coordinate dumpster site locations with the City's solid waste contractor, Sanitary Services, Inc., locating dumpsters so as not to impede fire access. m. All driveway and parking areas shall be paved, with all driveway accesses approved by the Ada County Highway District. Graveled driveways, parking and access are unacceptable. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off street parking areas. All site drainage shall be contained and disposed of on-site. All driveway and parking stall dimensions shall comply with Meridian City Ordinance. n. Sanitary sewer service to this site will be via a main line extension from the sewer mains installed in Locust Grove Road. The treatment capacity of the Meridian Wastewater Treatment Plant is currently being evaluated. Approval of this application will be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. The project designer shall coordinate sizing and routing with the Meridian Public Works Department. o. Water service for this development shall be off of an extension of an existing water main in Locust Grove Road. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. The project FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 YICR YSS FAMILY CO. - CONDITIONAL USS PERMIT Finalized 10-28-97 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. p. The Applicant shall provide parking lot lighting plane to the Meridian Public Works Department. Illumination of the site shall be designed to not cause glare or adversely impact neighboring residential properties or the traveling public, as determined by tha City of Meridian. q. All landscaping is to meat the requirements of Ordinance Section 11-2-414.D.2. With pavement area shown, a total of 12 three-inch caliper trees are required. Applicant is also responsible to relocate/replace trees removed from D ~ B's site on the eastern edge of the proposed restaurant site. Detailed landscape plans will be reviewed during the building permit approval process. A minimum 25-foot landscape setback is required on Fairview Avenue beyond required right-of-way. r. The Applicant shall complete sidewalk along Fairview Avenue in accordance with Ada County Highway District requirements. e. The Applicant ie to provide evidence (recorded warranty deed) that the needed right-of-way has been dedicated prior to obtaining building permits. The Applicant shall provide letters of approval from Ada County Highway Diatriat for roadway accesses prior to obtaining building permits. t. Significant changes from the site plan approved under this conditional use permit, as determined by the Planning and Zoning Administrator, will require re-noticing and rehearing before the Planning and Zoning Commission and Council. 15. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 16. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 YICK YHB FAMILY CO. - CONDITIONAL USB PERMIT Finalized 10-28-97 APPROVAL OF FI1iDZx38 OF FACT AND COxCLUSIOITS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. BORUP COMMISSIONER MACCOY COMMISSIONBR SMITH NELSON CHAIRMAN JOHNSON (TIE BREAKER) DECISION AIID VOTED (.(SW G--~ '~ ~ ' ' ~ VOTED I ~t `7 ~ ~ VOTED VOTED U VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking requirements, and the paving and landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED: "1~+~~1 DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAi~ - Page 13 YICK YEE FAMILY CO. - CONDITIONAL USE PERMIT Finalized 10-28-97 :~ - ~ T BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION RON CROW APPLICATION FOR CONDITIONAL USE PERMIT TO DEVELOP ELVIRA SUBDIVISION 650 FEET SOUTB OF FAIRVIEW AVE., WEST OF DANBURY FAIR SUBDIVISION NO. 4 MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled application having come on for public hearing on October 14, 1997, at the hour of 7:00 o'clock p.m., the Applicant, appearing through his representative, Gary Lee, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDIN(i8 OF FACT 1. The notice of public hearing on the application for a conditional use permit was published for two (2) consecutive weeks prior to said public hearing scheduled for October 14, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 14, 1997, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations. 2. The property is located within the City of Meridian 650 feet south of Fairview Avenue, west of Danbury Fair Subdivision. The property is described in the application for a FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 ~, conditional use permit, which description is incorporated herein as if set forth in full. The Applicant is not the owner of record of the property however, the record owners, Ruth Crow and Elnora Johnson, have consented to this application of the Applicant for a conditional use permit. 3. Pursuant to the application, the property is presently zoned by Ada County as RT, to be rezoned R-8, Medium Density Residential Development, and is vacant. The Applicant intends to develop a Planned Unit Development, Elvira Subdivision, containing 3.78 single family lots per acre. The project will consist of 33 standard single-family lots, 8 single-family townhouse lots, plus 6 common lots. The residential subdivision lots will vary in size from approximately 6,500 square feet to 14,000 square feet. The townhouse lots will range from 3,477 square feet to 5,500 square feet. The Applicant presented a site plan depicting the location of the proposed use. Further, pursuant to the application, the Applicant agrees to pay any additional sewer, water or trash fees or charges, if any, associated with the use, whether that use be residential, commercial or industrial. 4. At the public Hearing, the Applicant's representative, Gary Lee, testified substantially as follows. The Elvira Subdivision consists of 33 single family residential lots. They range in size between 6500 and 14,000 square feet. The development will also include 8 townhouse lots ranging in size from about 3400 square feet to 5500 square feet. There will be 6 common lots FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 CONDITIONAL USS PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 t ' Y scattered throughout the development. The overall site density on this 10.84 acre parcel is about 3.8 units per acre, a little bit less than four. The project is located south of Fairview Avenue about 650 feet and West of Danbury Fair Subdivision. The Five Mile Creek traverses through the property and it is a designated area for future pathways. There is an existing farm bridge that crosses the Five Mile Creek Drainage at the south boundary that will either be updated or replaced for pedestrian access. To the east side, which is Danbury Fair Subdivision, there are a couple of connection points for pedestrian pathways. The Applicant has no concerns about the staff comments, except item number 1. There is an existing sewer line on Cathy Street that will have to be accommodated by Applicant. The typical corridor would be the west side of centerline, but in this case it is going to have to be on the east because of its present location, and the details can be worked out with the City Engineer. The conditional use permit portion of the Application is for a planned unit development to allow for the 8 townhouse units situated along the southwest side of the property. The townhouse lots are fairly narrow, but they are very deep. The developer/owner thinks it would be best to leave it up to potential buyers to build either 2 storys or single story townhouses, and the lots are deep enough to give flexibility for that. The lots are approximately 28 '~ feet wide on the average, which is enough room for a duplex unit. 5. In response to questions by Commissioner Borup, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 ~, Applicant's representative, Mr. Gary Lee, responded substantially as follows. The ACHD comment on the extension of Carlton Ave. is a possibility for the future, but it is unknown at this time if it will be extended. The Applicant does not know the condition of the property to the south, but the Applicant did look at a turnaround at the end of the townhouse parcels with room for a turn around and only 2 or 3 lots. As to the setback on the last unit, the Applicant would like to see, if that is going to be imposed, a setback from a turnaround in lieu of going all the .way through Cathy Lane which. is private. The right of way currently ends at the end of Carlton on the west boundary. Five Mile Creek .will not have a greenbelt constructed along it, but the Applicant will grant an easement to the City of Meridian so that it can construct the greenbelt at a later date. The footbridge will be updated and repaired, however. 6. Commissioner Smith commented that he believes single family homes instead of townhomes belong on Block 1 of the development and that the townhomes would more appropriately be located in Block 2 next to existing apartments. He believes the Applicant perhaps didn't want to extend Carlton Ave., and Block 1 was just left over, so they plunked townhomes down there. He would like to see single family homes in Block 1 with Carlton Ave. extended. In response, Mr. Lee testified that the Applicant has looked at doing that, and from a transitional standpoint, it does make more sense to put the townhouses by the existing apartment FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 1 1 ~ • complex, but the lots don't have the depth needed and the private driveway works better for the townhomes. 7. In response to questions by Commissioner MacCoy, Mr. Lee testified substantially as follows. The Applicant does not believe that 3.78 is very high density and the plan uses the property most efficiently and pleases the landowner,. as the Applicant is interested in building townhouses. 8. In response to questions by Commissioner Smith, Mr. Lee testified that the Applicant has talked with the landowner to the south, but the landowner has not said how he plane to use or develop the property to the south. In response, Commissioner Smith said he is not opposed to the townhouses per se, but he believes they would be better placed next to the existing apartment complex and if the property to the south were infilled, his idea would work. 9. In response to further questions by Commissioner Borup, Mr. Lee testified substantially as follows. West of the townhouses are older residences, and the whole neighborhood around the proposed development is a mix of mostly older homes and some townhouses. 10. D.R. Lynn testified substantially as follows. She is the sole owner of Cathy Lane and lives in a two story home there. She intended to build her retirement home there, on lot 7, 1184 Cathy Lane, but when she learned of the proposed use of the adjoining property, she changed her mind and would like to sell Cathy Lane. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 She would like to offer it to Mr. Crow, the Applicant, for her cost of construction and on the condition that it would be maintained by Ada County and that she can have two years to sell the house she's in and move into the stairless one on lot 7 before the streets are connected. She wants as little traffic on Cathy Lane as possible. 11. Responding to questions by Commissioner Smith, Ms. Lynn testified that Cathy Lane is accessed off State Street, it is only 30 feet wide, and the County will not maintain it because it has to be 60 feet wide for them to take it and maintain it. Cathy Lane stops a long way short of Washington Ave. 12. In response to questions by Commissioner Borup, Ms. Lynn testified that Cathy Lane is not accessible from the proposed project, but she is testifying to clarify that it will not be accessible because she has had pressure to make it accessible. 13. Mr. H.L. Rich testified substantially as follows. He lives at the dead end of Carlton Ave. and would like to see single family homes on Block 1 of the proposed development instead of townhomes. Also, when Cathy Lane was originally developed, there was an agreement that there would be no two story homes, only one. He has talked to the Applicant about how much better it would look and how property values would be maintained if only single story homes are built, and the townhouses should be moved to the other side of Washington. He is also concerned about increased traffic to the area and more children in the area with the additional housing. He would like to see the Applicant construct a chain link FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 • fence the whole length of the property line instead of wood like the one that now exists by adjacent apartments. He opposes the project's use of two story homes and townhouses. 14. Barbara Smith testified substantially as follows. She is concerned about increased traffic with this development and doesn't want her view of an old barn to be townhouses. If there are townhouses, she wants something to block the view of them and she wants the end of Cathy Lane blocked off to prevent more traffic. 15. Gerda Dwyer testified substantially as follows. She does not oppose the project, but doesn't want two story homes or townhouses built. She represents herself, her husband, and her street, Crosabill Court. Also, there are more entrances needed because there are only two. 16. Andrew Condon testified substantially as follows. He has a twenty foot easement at the back of his property that abuts the proposed development and he would like to see a pathway on the easement. He wants only single level dwellings and more access roads. He would also like the fence continued up past hie property. In response, the City Engineer, Gary Smith, commented that the current easement is a sewer easement. in response to a question by Commissioner Nelson, Mr. Condon testified that he does not want townhouses put in because all of Danbury Fair is one story dwellings and townhouses make property values go down. 17. Mary Rich testified substantially as follows. Her neighborhood is nice and the two story townhouses already there are FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 ~~ • not maintained the way she thinks they should be and look like low income housing and she doesn't want more of that in her neighborhood. In response to a question by Commissioner Johnson, Ms. Rich testified that she doesn't want multi-family dwellings and there will be too many people and too much traffic. 18. Mr. Lee continued his testimony substantially as follows. The market for these homes will be the smaller home as Danbury Fair has been. There are already apartments all over this neighborhood. There are 3 lots of homes with a square footage of 1001, 4 with 1101 square feet, 8 with 1201, and 18 with 1301. The 8 townhouses are 800 square feet. The Applicant wants to keep the option open for larger 2 story homes to be built on the lots, but the market will dictate the home size. Also, the townhomes will be for sale and there will be a pride of ownership just like a single family dwelling. The Applicant has complied with ACRD requirements on access and has made provision for the extension of Badley. There will be a landscape buffer between Cathy Lane and the private drive. 19. In response to questioning by Commissioner Borup, Mr. Lee testified that there is no plan for access to Cathy Lane and there is no need for it. As far as ACHD's recommendation for a pedestrian pathway over the 20 foot sewer easement, he doesn't have a comment to that effect from Meridian staff. Also, a 25 foot setback between the townhouses and other subdivision is a good idea and can be added to the restrictive covenants. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 20. Commissioner Smith commented that townhouses do not belong on this particular block and maybe this portion shouldn't be developed until Carlton is extended and a better plan is developed. 21. In response to a question by Commissioner Borup, Mr. Lee testified that there is one maybe two lots to the south. 22. Gerda Dwyer testified that townhouses look funny there, would destroy the beauty of Meridian, and people would come and go too much, so they would be run down. Also, traffic is too congested and there will be no access in an emergency, which may result in someone getting killed. She does not think that just because people have money they should be able to put in whatever they want. She pays her taxes and supports the community and only wants single homes there. 23. Barb Smith testified that just because the townhomes are for sale doesn't mean they won't be used as rentals. Commissioner Johnson responded that it doesn't mean they will become rentals either. 24. Bruce Freckleton, Assistant to the City Engineer, and Shari Stiles, Planning and Zoning Administrator, have submitted comments, which respective comments are incorporated herein as if set forth in full. 25. The Meridian Police Department, the Nampa & Meridian Irrigation District, and Central District Health submitted comments, which respective comments are incorporated herein as if set forth in full. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 26. The Meridian Fire Department submitted comments that all common lots will need to be kept clear of trash and weeds, and that they don't like the shape of lots and the private driveway for Lots #15 and #16. Its comments are incorporated herein as if set forth in full. 27. The Meridian Water Department submitted comments, including the comment that it recommends that a 8" water line be installed in the subdivision. Also, that they feel that the water line on Cathy Lane should be connected for a second source and that plan review will be done when the water plans are received. Its comments are incorporated herein. 28. The Idaho Power company submitted the comment that 10- foot wide public utilities easements are required along all lots adjacent to a road right-of-way dedicated to public or private use. Its comments are incorporated herein. 29. The Ada County Highway District has or may hereafter submit comments. Its submitted comments, if any, are incorporated herein as if set forth in full, and its comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. 30. There were also comments by Tony Stopello by way of correspondence directed to the City of Meridian Planning and Zoning Commission, dated October 9, 1997. His letter is incorporated herein as if set forth in full. Mr. Stopello's comments are substantially as follows. He owns two duplexes at 5th and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 Washington streets. He is opposed to the opening of Washington Ave., there are high density structures there now, there is a school bus pickup on the corner of 5th and Washington, and between 2 1/2 street to 5th street and on Carlton Ave., it is very narrow. The whole project lacks access. He opposes the two story townhouses because this is zoned for single story buildings and privacy would be destroyed. Additionally, if single story structures are allowed, he would like a chain link fence similar to the one north of his property separating the large apartment complex from his with privacy inserts. The development is too dense. 31. There was no additional testimony at the public hearing. CONCLUSIONS OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met, including the mailing of notice to owners of property within 300 feet of the external boundaries of the property. 2. The City of Meridian has authority to grant conditional uses pursuant to Idaho Code Section 67-6512 and pursuant to 11-2- 418 of the Zoning And Development Ordinance of the City of Meridian. 3. The City has the authority to take judicial notice of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and the State. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 C7 .~ 4. The property will be zoned (R-8) Medium Density Residential District. The R-8, Medium Density Residential District is described in the Zoning Ordinance, 11-2-408 B. 4 as follows: (R 81 Medium Density Residential District: The purpose of the (R-8) District is to permit the establishment of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required.ll-2-408 B. 11 as follows: 5. Pursuant to the Zoning and Development Ordinance, 11-2- 411 D 2., all new single-family detached housing in the (R-8) Medium Density Residential District shall be constructed to contain at least 1,301 square feet of living space of which the garage is not included in determining the square footage of living space. 6. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, "2. RESIDENTIAL POLICIES 2.1U Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums etc.) for the purpose of providing the City with a range of affordable housing opportunities." COMPREBENSIVE PLAN CITY OF MERIDIAN at page 23. 7. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, RURAL AREAS, section 6.3 c.s Within the Urban Service Planning Area development may occur in densities as low as 3 dwelling units per acre if physical connection is made to existing City of Meridian FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 12 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 [ ~ • water and sewer service and the property is platted and subdivided in accordance with Ada County Zoning and Subdivision Ordinances Policy. Development density below three dwelling units per acre may be allowed by conditional use permit if a cost/benefit analysis indicates positive impacts to the City of Meridian. COMPREHENSIVE PLAN CITY Off' MERIDIAN at page 29. 8. The following pertinent statement is made in the Meridian• Comprehensive Plan under LAND USE, RURAL AREAS, section 6.4: Residential development is allowed in the rural areas provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, when Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan. IVE PLAN CITY OF MERIDIAN at page 30. 9. The following pertinent statements are made in the Meridian Comprehensive Plan under HOUSING, Housing Policies: 1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. 1.3 An open housing market for all .persons, regardless of race, sex, age, religion or ethnic background, shall be encouraged. 1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.13U Infilling of random vacant lots in substantially developed,. single-family areas should be considered at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: a. The cost of such a parcel of land precludes FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 13 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 development at surrounding densities; or b. Development of uses other than single-family structures are compatible with surrounding development. COMPREHENSIVE PLAN CITY OF MERIDIAN at pages 67-68. 10. Section 11-9-605 C of the Zoning and Development Ordinance provides, "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 11. Section 11-9-605 G of the Zoning and Development Ordinance provides in part: Planting strips shall conform to the following: 1. Plantinc Strivs - Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement; . 12. Section 11-9-605 A of the Zoning and Development Ordinance provides in part: Public sites and open spaces shall conform to the following: 1. Natural Features - Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision; 13. Section 11-9-605 J of the Zoning and Development FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 14 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 Ordinance provides in pertinent part: 6. Fences may be erected in all residential and limited office districts subject to the following: e. Any developer intending to construct a boundary fence on the boundaries of a proposed subdivision shall show the fence on the preliminary plat and shall include with the preliminary plat the design, placement, height, specifications and drawing of said fence. 14. Section 11-9-605 K of the Zoning and Development Ordinance provides: The extent and location of lands designed for linear open space corridors should be determined largely by natural features and, to a leaser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi-improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural values, especially waterways, drainageways and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities. Subdivision plats or development plans shall show the location of any lineal open space corridors. 15. Section 11-9-605 L of the Zoning and Development Ordinance provides: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 15 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada county [sic] Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 16. Section 11-9-605 M of the Zoning and Development Ordinance provides in part: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 17. In the ZONING SCREDULE OF USE CONTROL, Section 11-2-409 A., Residential, Planned Residential Developments are listed as a conditional use, and therefore, require a conditional use permit. 18. 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." 19. 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 16 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 time period for which a conditional use may be in existence. 20. Section 11-2-418 D. states as follows: In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Uae is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use may be in existence. 21. 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. 22. Section 11-2-418 C of the Zoning And Development Ordinance of the City of Meridian sets forth the standards under which the Planning and Zoning Commission and the City Council shall review applications for Conditional Use Permits. Upon a review of those requirements and a review of the facts presented and the conditions of the area, assuming that the above conditions or similar ones thereto would be attached to the conditional use, the Planning and Zoning Commission concludes as follows: a. The use, would in fact, constitute a conditional use and a conditional use permit would be required by ordinance; b. The use would be harmonious with and in accordance with the Comprehensive Plan and the Zoning Ordinance; FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 17 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 • c. The use is designed and is to be constructed to be harmonious in appearance with the character of the general vicinity; that if the conditions set forth herein are complied with the use should be operated and maintained to be harmonious with the intended character of the general vicinity and should not change the essential character of the area; d. The use would not be hazardous nor should it be disturbing to existing or future neighboring uses if the conditions are met; e. The use will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer if the conditions are met; f. The use would not create excessive additional requirements at public cost for public facilities and services and the use would not be detrimental to the economic welfare of the community; g. If the conditions are met, the use should not involve a use, activity, process, material, equipment or conditions of operation that would be detrimental to person, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h. The use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; and i. The development of the property will not result in the destruction, loss or damage of a natural or scenic feature of major importance. 23. As conditions may be placed upon the granting of a conditional use permit to minimize adverse impact on other development, it is recommended by the Planning and Zoning Commission that the following conditions of granting the conditional use be required, to wit: a. The conditional use, pursuant to the Zoning Ordinance, shall not be transferable to another owner or lessor of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 18 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 the subject property or to another property; b. The Applicant shall meet the requirements of the City Engineer's office, the Planning and Zoning Administrator, Meridian Fire Department, Meridian Police Department, Meridian Sewer Department, Central District Realth Department and Nampa & Meridian irrigation District and other governmental agencies submitting comments; c. The conditional use shall not be restricted to a period of authorization but may be reviewed annually, upon notice to the Applicant, for violation of any conditions imposed herein and other conditional use applications; d. All ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, the Fire and Life Safety Codes, all parking and landscaping requirements; e. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Five Mile Creek is specifically excluded from the tiling requirement. Plans 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. f. 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. g. The Applicant is to determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. h. The Applicant is to provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. i. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. j. The Applicant is to submit a letter from the Ada County Street Name Committee, approving the subdivision and street names. The Applicant must make any corrections FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 19 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 necessary to conform. k. The Applicant is to coordinate fire hydrant placement with the Meridian Public Works Department. 1. Sanitary sewer service to this site could be via service line tape into the existing City of Meridian trunk lines which pass through the property, or from extensions from the existing trunk line system. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. The Applicant will be responsible to construct the sewer mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. m. Water service to this site could be via extensions of existing mains installed in adjacent developments. The Applicant will be responsible for constructing the water mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Public Works Department. n. The conceptual engineering plan submitted with the application indicates that this development's pressurized irrigation system is going to connect to the existing system in the Danbury Fair Subdivision. The pressurized irrigation system in the Danbury Fair Subdivision is owned and maintained by the Nampa & Meridian Irrigation District. Any proposal for a supplementary connection from the City's water system. will need to be reviewed closely due to the size of the area to be watered. The Developer shall be responsible for the payment of assessment and meter fees associated with said supplementary connection. o. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the subdivider's expense. Typical locations-are at street intersections and/or fire hydrants. p. A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 20 CONDITIONAL, USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 • on the final plat. q. The Applicant shall construct six-foot-high, permanent, non-combustible perimeter fencing except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. r. The Applicant shall construct six-foot-high, permanent, non-combustible fencing on both sides of the easement for Five Mile Creek. Rear lot lines along Five Mile Creek shall be set at the existing easement line, unless an encroachment agreement is granted by the Nampa-Meridian Irrigation District. s. Five Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. No encroachment of the easterly easement boundary should be permitted. It would be desirable if landscaping could be completed by the individual homeowners on the western side of Five Mile Creek (similar to Running Brook Estates and Meridian Green Subdivision) in lieu of fencing. If this is not feasible, fencing on the western side of Five Mile Creek should be placed a minimum of five feet from the top of bank to prevent inherent problems associated with eroding slopes. t. The preliminary plat indicates that the existing agricultural bridge crossing the Five Mile Creek shall remain as a pedestrian access. This bridge is an old dilapidated railroad flat car frame. At this time, there isn't even any decking across the top of it. The developer shall replace or upgrade the pedestrian access bridge, including providing decking and handrails. The bridge should also be brought up to an elevation that would be even with the access path. The location of this existing bridge coincides with the common drainage lot in Danbury Subdivision No. 5, which could easily provide an inter-neighborhood connection. The existing 30-foot-wide right-of-way for E. Washington Avenue will be maintained as public right-of-way for pedestrian access to Five Mile Creek. u. There are several ditches crossing the property; however, the conceptual engineering plan doesn't show how they will be treated. The Applicant will revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 21 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 ~ 1 ~ t A • of said ditches. v. Applicant proposes 42-foot-wide streets in portions of the development. Ada County Bighway District has agreed to a 42-foot-wide right-of-way in cases where the streets are non-continuous. w. A 20-foot-wide private drive to access eight townhouse units is proposed paralleling Cathy Lane, a substandard private road to the east. Between Cathy Lane and the private drive, an eight-foot-wide landscaped strip is proposed. To provide adequate room for emergency vehicle access and turnarounds, a portion of the landscape strip at the end of the private drive should not be constructed to allow access to Cathy Lane. The Applicant shall coordinate with the Meridian Fire Department and comply with their requirements. x. No sanitary sewer easement for the existing sewer line in Cathy Lane is shown on the preliminary plat map. Applicant is to verify if an easement exists for the line. If no such easement exists, the Applicant will need to obtain easements to allow connection to existing sewer and water lines in the lane. y. The Applicant will revise the legend to include all easements and symbols shown on the plat. z. The preliminary plat map seems to indicate that Carlton Avenue extends further east from its existing constructed terminus. Our records indicate the right-of-way ends a the westerly boundary of the proposed development. The Applicant will verify and revise map as needed. aa. A portion of Cathy Street is proposed to be constructed within the Five Mile Creek easement and would be immediately adjacent to the top of bank of the Creek. Appropriate traffic/pedestrian safety devices shall be installed along this section, as well as for the roadway crossing of Five Mile Creek. Pedestrian walkways and railings shall be added to the bridge. bb. Proposals for Planned Unit Developments must include a minimum of ten percent common area. Provided the easement of Five Mile Creek is considered to meet the requirements for common area by the P&Z Commission and Council, this development would exceed that requirement, and shall remain as is. cc. This infill project will require special design FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 22 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 ~ • • consideration in order for the property to be reasonably developed. Even though a zoning of R-8 has been requested, the resultant gross density shall remain less than 4 per acre. 24. The above-conditions are concluded to be reasonable and the Applicant shall meet these conditions. 25. It is recommended that if the Applicant meets the conditions stated above that the conditional use permit be granted to the Applicant. APPROVAL OF FINDINOS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER MACCOY COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMAN JOHNSON (TIE BREAKER) It, ~ VOTED VOTED ~ VOTED VOTED ~ VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 23 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 ,r ~ti DECISION AND RSCO1OtBNDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that it approve the Conditional Use Permit requested by the Applicant for the property described in the Application with the conditions set forth in the Findings of Fact and Conclusions of Law or similar conditions as found justified and appropriate by the City Council and that the property be required to meet the water and sewer requirements, the Fire and Life Safety Codes, Uniform Fire Code, parking requirements, and the paving and landscaping requirements, and all Ordinances of the City of Meridian. The conditional use should be subject to review upon notice to the Applicant by the City. MOTION: APPROVED:I~ DISAPPROVED: <<~~~4~ FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 24 CONDITIONAL USE PERMIT - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 rr BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION RON CROW APPLICATION FOR ANNEXATION AND ZONING ELVIRA SUBDIVISION 650 FEET SOUTA OF FAIRVIEW AVE., WEST OF DANBURY FAIR SUBDIVISION NO. 4 MERIDIAN, IDAHO FINDINOS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on October 14, 1997, at the hour of 7:00 o'clock p.m., the Applicant, appearing through his representative, Gary Lee, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDIN(i8 OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for October 14, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 14, 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 included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 1 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 t~ t F approximately 10.85 acres in size. 3. The Applicant is not the record owner of the property; however, the record owners, Ruth Crow and Elnora Johnson, have consented to this application of the Applicant. 4. The property is presently zoned by Ada County as RT, and is currently vacant, as it has been out of agricultural use for some time. The Applicant requests the property be zoned R-8, Medium Density Residential District. The Applicant has requested the annexation and this zoning, and the application is not at the request of the City of Meridian. 5. The Applicant intends to develop a Planned Unit Development, Elvira Subdivision, containing 3.78 single family lots per acre. The project will consist of 33 standard single-family lots, 8 single-family townhouse lots, plus 6 common lots. The residential subdivision lots will vary in size from approximately 6,500 square feet to 14,000 square feet. The townhouse lots will range from 3,477 square feet to 5,500 square feet. 6. The property is located 650 feet south of E. Fairview Ave., west of Danbury Fair Subdivision No. 4, and north of Catherine Park Subdivision. The parcel is contiguous to the city limits of the City of Meridian. 7. At the public Hearing, the Applicant's representative, Gary Lee, testified substantially as follows. The Elvira Subdivision consists of 33 single family residential lots. They range in size between 6500 and 14,000 square feet. The development FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 2 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 ~% r ~ • will also include 8 townhouse lots ranging in size from about 3400 square feet to 5500 square feet. There will be 6 common lots scattered throughout the development. The overall site density on this 10.84 acre parcel is about 3.8 units per acre, a little bit less than four. The project is located south of Fairview Avenue about 650 feet and West of Danbury Fair Subdivision. The Five Mile Creek traverses through the property and it is a designated area for future pathways. There is an existing farm bridge that crosses the Five Mile Creek Drainage at the south boundary that will either be updated or replaced for pedestrian access. To the east side, which is Danbury Fair Subdivision, there are a couple of connection points for pedestrian pathways. The Applicant has no concerns about the staff comments, except item number 1. There is an existing sewer line on Cathy Street that will have to be accommodated by Applicant. The typical corridor would be the west side of centerline, but in this case it is going to have to be on the east because of its present location, and the details can be worked out with. the City Engineer. The conditional use permit portion of the Application is for a planned unit development to allow for the 8 townhouse units situated along the southwest aide of the property. The townhouse lots are fairly narrow, but they are very deep. The developer/owner thinks it would be best to leave it up to potential buyers to build either 2 storys or single story townhouses, and the lots are deep enough to give flexibility for that. The lots are approximately 28 '~ feet wide on the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 3 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 average, which is enough room for a duplex unit. 8. In response to questions by Commissioner Borup, the Applicant's representative, Mr. Gary Lee, responded substantially as follows. The ACRD comment on the extension of Carlton Ave. is a possibility for the future, but it is unknown at this time if it will be extended. The Applicant does not know the condition of the property to the south, but the Applicant did look at a turnaround at the end of the townhouse parcels with room for a turn around and only 2 or 3 lots. As to the setback on the last unit, the Applicant would like to see, if that is going to be imposed, a setback from a turnaround in lieu of going all the way through Cathy Lane which is private. The right of way currently ends at the end of Carlton on the west boundary. Five Mile Creek will not have a greenbelt constructed along it, but the Applicant will grant an easement to the City of Meridian so that it can construct the greenbelt at a later date. The footbridge will be updated and repaired, however. 9. Commissioner Smith commented that he believes single family homes instead of townhoues belong on Block 1 of the development and that the townhomes would more appropriately be located in Block 2 next to existing apartments. He believes the Applicant perhaps didn't want to extend Carlton Ave., and Block 1 was just left over, so they plunked townhomes down there. He would like to see single family homes in Block 1 with Carlton Ave. extended. In response, Mr. Lee testified that the Applicant has FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 4 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 l I looked at doing that, and from a transitional standpoint, it does make more sense to put the townhouses by the existing apartment complex, but the lots don't have the depth needed and the private driveway works better for the townhomes. 10. In response to questions by Commissioner MacCoy, Mr. Lee testified substantially as follows. The Applicant does not believe that 3.78 is very high density and the plan uses the property most efficiently and pleases the landowner, as the Applicant is interested in building townhouses. 11. In response to questions by Commissioner Smith, Mr. Lee testified that the Applicant has talked with the landowner to the south, but the landowner has not said how he plans to use or develop the property to the south. In response, Commissioner Smith said he is not opposed to the townhouses per se, but he believes they would be better placed next to the existing apartment complex and if the property to the south were infilled, his idea would work. 12. In response to further questions by Commissioner Borup, Mr. Lee testified substantially as follows. West of the townhouses are older residences, and the whole neighborhood around the proposed development is a mix of mostly older homes and some townhouses. 13. D.R. Lynn testified substantially as follows. She is the sole owner of Cathy Lane and lives in a two story home there. She intended to build her retirement home there, on lot 7, 1184 Cathy FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 5 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 t ~ Lane, but When she learned of the proposed use of the adjoining property, she changed her mind and would like to sell Cathy Lane. She would like to offer it to Mr. Crow, the Applicant, for her cost of construction and on the condition that it would be maintained by Ada County and that she can have two years to sell the house she's in and move into the stainless one on lot 7 before the streets are connected. She wants as little traffic on Cathy Lane as possible. 14. Responding to questions by Commissioner Smith, Ms. Lynn testified that Cathy Lane is accessed off State Street, it is only 30 feet wide, and the County will not maintain it because it has to be 60 feet wide for them to take it and maintain it. Cathy Lane stops a long way short of Washington Ave. 15. In response to questions by Commissioner Borup, Ms. Lynn testified that Cathy Lane is not accessible from the proposed project, but she is testifying to clarify that it will not be accessible because she has had pressure to make it accessible. 16. Mr. H.L. Rich testified substantially as follows. He lives at the dead end of Carlton Ave. and would like to see single family homes on Block 1 of the proposed development instead of townhomes. Also, when Cathy Lane was originally developed, there was an agreement that there would be no two story homes, only one. He has talked to the Applicant about how much better it would look and how property values would be maintained if only single story homes are built, and the townhouses should be moved to the other side of Washington. He is also concerned about increased traffic FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 6 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 to the area and more children in the area with the additional housing. He would like to see the Applicant construct a chain link fence the whole length of the property line instead of wood like the one that now exists by adjacent apartments. He opposes the project's use of two story homes and townhouses. 17. Barbara Smith testified substantially as follows. She is concerned about increased traffic with this development and doesn't want her view of an old barn to be townhouses. If there are townhouses, she wants something to block the view of them and she wants the end of Cathy Lane blocked off to prevent more traffic. 18. Gerda Dwyer testified substantially as follows. She does not oppose the project, but doesn't want two story homes or townhouses built. She represents herself, her husband, and her street, Crosabill Court. Also, there are more entrances needed because there are only two. 19. Andrew Condon testified substantially as follows. He has a twenty foot easement at the back of his property that abuts the proposed development and he would like to see a pathway on the easement. He wants only single level dwellings and more access roads. He would also like the fence continued up past his property. In response, the City Engineer, Gary Smith, commented that the current easement is a sewer easement. In response to a question by Commissioner Nelson, Mr. Condon testified that he does not want townhouses put in because all of Danbury Fair is one story dwellings and townhouses make property values go down. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 7 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 i j 20. Mary Rich testified substantially as follows. Her neighborhood is nice and the two story townhouses already there are not maintained the way she thinks they should be and look like low income housing and she doesn't want more of that in her neighborhood. In response to a question by Commissioner Johnson, Ms. Rich testified that she doesn't want multi-family dwellings and there will be too many people and too much traffic. 21. Mr. Lee continued his testimony substantially as follows. The market for these homes will be the smaller home as Danbury Fair has been. There are already apartments all over this neighborhood. There are 3 lots of homes with a square footage of 1001, 4 with 1101 square feet, 8 with 1201, and 18 with 1301. The 8 townhouses are 800 square feet. The Applicant wants to keep the option open for larger 2 story homes to be built on the lots, but the market will dictate the home size. Also, the townhomes will be for sale and there will be a pride of ownership just like a single family dwelling. The Applicant has complied with ACHD requirements on access and has made provision for the extension of Badley. There will be a landscape buffer between Cathy Lane and the private drive. 22. In response to questioning by Commissioner Borup, Mr. Lee testified that there is no plan for access to Cathy Lane and there is no need for it. As far as ACHD's recommendation for a pedestrian pathway over the 20 foot sewer easement, he doesn't have a comment to that effect from Meridian staff. Also, a 25 foot FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 setback between the townhouses and other subdivision is a good idea and can be added to the restrictive covenants. 23. Commissioner Smith commented that townhouses do not belong on this particular block and maybe this portion shouldn't be developed until Carlton is extended and a better plan is developed. 24. In response to a question by Commissioner Borup, Mr. Lee testified that there is one maybe two lots to the south. 25. Gerda Dwyer testified that townhouses look funny there, would destroy the beauty of Meridian, and people would come and go too much, so they would be run down. Also, traffic is too congested and there will be no access in an emergency, which may result in someone getting killed. She does not think that just because people have money they should be able to put in whatever they want. She pays her taxes and supports the community and only wants single homes there. 26. Barb Smith testified that just because the townhomes are for sale doesn't mean they won't be used as rentals. Commissioner Johnson responded that it doesn't mean they will become rentals either. 27. The Assistant to the City Engineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted general comments and site specific comments. Their general comments and site specific comments are incorporated herein as if set forth in full. Their general comments included the following: a. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 9 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 per City Ordinance 11-9-605.M. Five Mile Creek is specifically excluded from the tiling requirement. Plans 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. b. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. c. The Applicant is to determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soil scientist with street development plans. d. The Applicant is to provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. e. Water service to this development is contingent upon positive results from a hydraulic analysis by our. computer model. f. The Applicant is to submit a letter from the Ada County Street Name Committee, approving the subdivision and street names. The Applicant must make any corrections necessary to conform. g. The Applicant is to coordinate fire hydrant placement with the Meridian Public Works Department. h. The Applicant is to respond, in writing, to each of the comments contained in this memorandum and submit to the City Clerk's office prior to the hearing date. Their site specific comments included the following: a. Sanitary sewer service to this site could be via service line taps into the existing City of Meridian trunk lines which pass through the property, or from extensions from the existing trunk line system. Approval of this application needs to be contingent upon our ability to accept the additional sanitary sewage generated by this proposed development. The Applicant will be responsible to construct the sewer mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 10 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 on the south and west sides of centerline. b. Water service to this site could be via extensions of existing mains installed in adjacent developments. The Applicant will be responsible for constructing the water mains to and through this proposed development. The subdivision designer is to coordinate main sizing and routing with the Public Works Department. c. The conceptual engineering plan submitted with the application indicates that this development's pressurized irrigation system is going to connect to the existing system in the Danbury Fair Subdivision. The pressurized irrigation system in the Danbury Fair Subdivision is owned and maintained by the Nampa & Meridian Irrigation District. Any proposal for a supplementary connection from the City's water system will need to be reviewed closely due to the size of the area to be watered. The Developer shall be responsible for the payment of assessment and meter fees associated with said supplementary connection. d. One-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at the subdivider's expense. Typical locations are at street intersections and/or fire hydrants. e. A detailed landscape plan for the common areas, including fencing locations and types of construction, shall be submitted for review and approval with the submittal of the final plat map. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. f. The Applicant shall construct six-foot-high, permanent, non-combustible perimeter fencing except where the City has expressly agreed, in writing, that such fencing is not necessary. Fencing is to be in place prior to applying for building permits. g. The Applicant shall construct six-foot-high, permanent, non-combustible fencing on both sides of the easement for Five Mile Creek. Rear lot lines along Five Mile .Creek shall be set at the existing easement line, unless an encroachment agreement is granted by the Nampa-Meridian Irrigation District. h. Five Mile Creek is designated as a multiple use pathway in the Meridian Comprehensive Plan. No encroachment of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 11 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 the easterly easement boundary should be permitted. It would be desirable if landscaping could be completed by the individual homeowners on the western side of Five Mile Creek (similar to Running Brook Estates and Meridian Green Subdivision) in lieu of fencing. If this is not feasible, fencing on the western side of Five Mile Creek should be placed a minimum of five feet from the top of bank to prevent inherent problems associated with eroding slopes. i. A development agreement is required for this project, as a condition of annexation of the property. j. The preliminary plat indicates that the existing agricultural bridge crossing the Five Mile Creek shall remain as a pedestrian access. This bridge is an old dilapidated railroad flat car frame. At this time, there isn't even any decking across the top of it. The developer shall replace or upgrade the pedestrian access bridge, including providing decking and handrails. The bridge should also be brought up to an elevation that would be even with the access path. The location of this existing bridge coincides with the common drainage lot in Danbury Subdivision No. 5, which could easily provide an inter-neighborhood connection. The existing 30-foot-wide right-of-way for E. Washington Avenue will be maintained as public right-of-way for pedestrian access to Five Mile Creek. k. There are several ditches crossing the property; however, the conceptual engineering plan doesn't show how they will be treated. The Applicant will revise the plan to show all proposed piping of irrigation/drainage ditches, or show that they are to be abandoned in place. Compaction test results must be submitted to the Meridian Building Department for all lots impacted by the filling of said ditches. 1. Applicant proposes 42-foot-wide streets in portions of the development. Ada County Highway District has agreed to a 42-foot-wide right-of-way in cases where the streets are non-continuous. m. A 20-foot-wide private drive to access eight townhouse units is proposed paralleling Cathy Lane, a substandard private road to the east. Between Cathy Lane and the private drive, an eight-foot-wide landscaped strip is proposed. To provide adequate room for emergency vehicle access and turnarounds, a portion of the landscape strip at the end of the private drive should not be FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 12 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 • C~ constructed to allow access to Cathy Lane. The Applicant shall coordinate with the Meridian Fire Department and comply with their requirements. n. Although the configuration of Lot 9, Block 1, would provide added privacy and traffic calming for the units on the private lane, staff has concerns about how well this will work. Due to the low number of vehicle trips per day anticipated in this area, this may not be a significant issue. o. No sanitary sewer easement for the existing sewer line in Cathy Lane is shown on the preliminary plat map. Applicant is to verify if an easement exists for the line. If no such easement exists, the Applicant will need to obtain easements to allow connection to existing sewer and water lines in the lane. p. The Applicant will revise the legend to include all easements and symbols shown on the plat. q. The preliminary plat map seems to indicate that Carlton Avenue extends further east from its existing constructed terminus. Our records indicate the right-of-way ends a the westerly boundary of the proposed development. Please verify and revise map as needed. r. A portion of Cathy Street is proposed to be constructed within the Five Mile Creek easement and would be immediately adjacent to the top of bank of the Creek. Appropriate traffic/pedestrian safety devices will need to be installed along this section, as well as for the roadway crossing of Five Mile Creek. Pedestrian walkways and railings will be needed on the bridge. s. Proposals for Planned Unit Developments must include a minimum of ten percent common area. Provided the easement of Five Mile Creek is considered to meet the requirements for common area by the P&Z Commission and Council, this development would exceed that requirement. t. This infill project will require special design consideration in order for the property to be reasonably developed. Even though a zoning of R-8 has been requested, the resultant gross density is less than 4 per acre. 28. The Applicant's representative, Gary Lee, responded in writing to the general and site specific comments of the Assistant FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 13 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 to the City Engineer and the Planning and Zoning Administrator through a letter dated October 6, 1997. This responsive letter is incorporated herein as if set forth in full. Mr. Lee's responses to the General comments included the following: a. There are no irrigation or drainage ditches on the site that will require piping, except those shown on Sheet 2 of the preliminary plat. b. Any existing wells and septic tanks will be removed from service that may be situated on the property. Bowever, there are no known wells or septic tanks on this parcel. c. A groundwater level monitoring program is in progress. The depth of the water level is being measured by J-U-B on a weekly basic. The peak groundwater level will be determined later this fall. Water level data and soils profiles will be submitted with the final improvement plans. d. Five-foot sidewalks are planned for this development as shown on the Conceptual Engineering Plan, Sheet 2. e. The developer hereby requests that the City notify him immediately if there is a lack of domestic and fire water capacity for this development. f. The Ada County Street Name Committee approval letter will be submitted once received. g. The fire hydrant placements are ahowp on the Engineering Concept Plan, Sheet 2. We hereby request that the City Staff review these placements and comment on their positions. h. This letter shall act as our response to the City Staff's General and Site Specific Comments. Ten copies of the revised preliminary plat are included with this letter. Mr. Lee's responses to the Site specific comments included the following: a. The Engineering Concept Plan, Sheet 2, shows the proposed sanitary sewer line connections. The developer hereby requests that the City notify him immediately if there is a lack of wastewater treatment plant capacity for this FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 14 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 development. Main-line sizing shall be 8" throughout with the sewer mains situated in the south and west corridors as shown on the Concept Plan. However, due to the location of an existing North-South sewer main along Cathy Street, we hereby request that the City Public Works Department approve the location of the main to be situated along the eastern side of the street. The street was placed here because of the deep lot depths along the west side. b. The Engineering Concept Plan, Sheet 2, shows the proposed waterline connections at two locations adjacent to the development. The main-line sizing will be determined based upon hydraulic capacity. We hereby request that the City staff review their hydraulic model so that the Elvira Subdivision pipeline sizes can be determined. All waterlines are shown on said Concept Plan to be situated within the north and east corridors, except the waterline within Cathy Street. Again, due to the location of the existing sanitary sewer, we hereby request that the City grant a waiver on the location of the waterline along this street. c. J-U-B will coordinate the extension of the pressurized irrigation system from Danbury Fair into this subdivision. Also, a secondary water source will be reviewed with NMID and the City during final irrigation system design. d. Streetlights are shown on the Conceptual Engineering Plan, Sheet 2. We hereby request that the Public Works Department review said locations and make any modifications as may be required. e. A common area submitted with Plans. Also, submitted with submit surety i~ stage. landscape the Final a fencing the Final istruments d plan will be prepared and Plat and Final Improvement plan will be prepared and Plat. The developer will uring the final plat signature f. Fencing exists around most of the property perimeter. A chain link fence is planned .along Five Mile Creek. We hereby request that the City accept the existing fencing systems as are in place at this time. Or identify which areas need to be replaced. g. A license agreement will be requested from NMID to allow the fencing to be placed along the Five Mile Creek and will be situated as follows: (1) The fence will be placed FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 15 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 five feet west of the western bank of the creek bank; and (2) The fence will be placed 20 feet east of the eastern bank of the creek. h. A pathway is shown along the eastern side of Five Mile Creek. The creek will be fenced as identified in Item 7 above. Bowever, the developer may consider your proposal not to install fencing along the western side of Five Mile Creek. i. Please submit the development agreement to J-U-B for review once it is prepared. j. The condition of the pedestrian bridge will be evaluated at time of final improvement plan preparation. Either the bridge will be renovated, or a new pedestrian bridge will be constructed. k. The Engineering Concept Plan, Sheet 2 of the preliminary plat, shows that the Adkins drain will be tiled. Other small ditches on the site will be abandoned. The conceptual engineering plan has been revised to show the abandonment of these existing ditches. If fill is greater than two feet, where a building foundation will be placed, structural fill will be placed and compaction tests taken. 1. The landscape buffer will be shortened to allow for emergency vehicle access at the southern end of the private driveway know as Lot 1 of Block 1. The width of this access will be coordinated with the Meridian Fire Department during final improvement plan preparation. m. There is some flexibility in the design of Lot 9 Block 1. The shape of the driveway approach can be modified. Please let me know what the Staff concerns are. n. A City Sewer and Waterline are located within Cathy Lane. The improvement plans for Catherine Park Subdivision show the construction of the sewer and waterline with services to each lot. Also, these plans show sewer and water services to be constructed into the Crow property for future lots (four sewer services and two double water services). We have assumed that the City has some sort of easement for these facilities. If not, the City likely has prescriptive rights. The City Attorney should be consulted to determine what sewer and water easement rights may exist, if not of record. We will check the county records to see if an official easement document was recorded when the City approved the plat of Catherine FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 16 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 Park Subdivision. o. The preliminary plat legend has been amended per the enclosed drawings. p. East Carlton Avenue does not extend to Cathy Lane. The preliminary plat has been modified. q. The guardrail and fence designs along Cathy Street and the bridge crossing East Badley Avenue will be prepared during final improvements plan preparation in accordance with ACHD requirements. r. We have assumed that the Five Mile Creek pathway/greenbelt will be used in the calculation of the 108 landscape rule. Please advise us if this is not the case. 29. The Meridian Police Department, the Nampa 6 Meridian Irrigation District, and Central District Health submitted comments, which respective comments are .incorporated herein as if set forth in full. 30. The Meridian Fire Department submitted comments that all common lots will need to be kept clear of trash and weeds, and that they don't like the shape of lots and the private driveway for Lots #15 and #16. Its comments are incorporated herein as if .set forth in full. 31. The Meridian Water Department submitted comments, including the comment that it recommends that a 8" water line be installed in the subdivision. Also, that they feel that the water line on Cathy Lane should be connected for a second source and that plan review will be done when the water plans are received. Its comments are incorporated herein. 32. The Idaho Power company submitted the comment that 10- FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 17 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 foot wide public utilities easements are required along all lots adjacent to a road right-of-way dedicated to public or private use. Its comments are incorporated herein. 33. The Ada County Highway District has or may hereafter submit comments. Its submitted comments, if any, are incorporated herein as if set forth in full, and its comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. 34. There were also comments by Tony Stopello by way of .correspondence directed to the City of Meridian Planning and Zoning Commission, dated October 9, 1997. His letter is incorporated herein as if set forth in full. Mr. Stopello's comments are substantially as follows. He owns two duplexes at 5th and Washington streets. He is opposed to the opening of Washington Ave., there are high density structures there now, there is a school bus pickup on the corner of 5th and Washington, and between 2 1/2 street to 5th street and on Carlton Ave., it is very narrow. The whole project lacks access. He opposes the two story townhouses because this is zoned for single story buildings and privacy would be destroyed. Additionally, if single story structures are allowed, he would like a chain link fence similar to the one north of his property separating the large apartment complex from his with privacy inserts. The development is too dense. 35. There were no other comments by the public regarding this FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 18 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 application. 36. The property is adjacent and abutting the present city limits of the City of Meridian. 37. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 38. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 39. In the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre. 40. In the Meridian Comprehensive Plan under LAND. USE, Rural Areas, Section 6.3 provides that land in agricultural activity should so remain in agricultural activity until urban services can be provided. See COMPREBENSIVE PLAN CITY OF MERIDIAN at page 29. 41. The City of Meridian has, and is, experiencing a population increase. There exist pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 42. The property can be physically serviced with City of Meridian water and sewer if the Applicant extends the lines, and constructs and installs the necessary equipment and facilities. 43. The R-8, Medium Density Residential District is described in the Zoning and Development Ordinance, 11-2-408 B. 4 as follows: (R-81 Medium Density Residential District: The purpose of the (R-8) District is to permit the establishment of FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 19 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the Comprehensive Plan of the City and is also designed to permit the conversion of large homes into two-family dwellings in well-established neighborhoods of comparable land use. Connection to the Municipal Water and Sewer systems of the City of Meridian is required. 44. Pursuant to the Zoning and Development Ordinance, 11-2- 411 D 2., all new single-family detached housing in the (R-8) Medium Density Residential District shall be constructed to contain at least 1,301 square feet of living space of which the garage is not included in determining the square footage of living space. 45. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, "2. RESIDENTIAL POLICIES 2.1U Support a variety of residential categories (urban, rural, single- family, multi-family, townhouses, duplexes, apartments, condominiums etc.) for the purpose of providing the City with a range of affordable housing opportunities." CITY OF MERIDIAN at page 23. PLAN 46. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, RURAL AREAS, section 6.3 c.: Within the Urban. Service Planning Area development may occur in densities as low as 3 dwelling units per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided in accordance with Ada County Zoning and Subdivision Ordinances Policy. Development density below three dwelling units per acre may be allowed by conditional use permit if a cost/benefit analysis indicates positive impacts to the City of Meridian. COMPRERENSIVE PLAN CITY OF MERIDIAN at page 29. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 20 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 47. The following pertinent statement is made in the Meridian Comprehensive Plan under LAND USE, RURAL AREAS, section 6.4: Residential development is allowed in the rural areas provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, when Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan. COMPREHENSIVE PLAN CITY OF MERIDIAN at page 30. 48. The following pertinent statements are made in the Meridian Comprehensive Plan under HOUSING, Housing Policies: 1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. 1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background, shall be encouraged. 1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged. 1.13U Infilling of random vacant lots in substantially developed, single-family areas should be considered at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: a. The cost of such a parcel of land precludes development at surrounding densities; or b. Development of uses other than single-family structures are compatible with surrounding development. COMPREHENSIVE PLAN CITY OF MERIDIAN at pages 67-68. 49. The City of Meridian has experienced an influx in its FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 21 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 population which influx is reasonably anticipated to continue. The property borders upon city limits of the City of Meridian, and economic conditions are making the continuation of farming in the area difficult. 50. With regard to this application, Planning and Zoning Administrator, Shari Stiles, and Assistant to the City Engineer, Bruce Freckleton, made the specific comment that the annexation of the property should be conditioned upon a development agreement. 51. In 1992, the Idaho State Legislature passed amendments to the Local Planning Act, which included amending Idaho Code Section 67-6513. Section 67-6513 provides in part: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service, delivery to current residents or imposing substantial additional costs upon current residents to accommodate the proposed subdivision. 52. The City of Meridian is concerned with the increase in its population, and the impact such increase has upon its ability to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City of Meridian. The City of Meridian is further concerned about the impact and burden placed upon the schools of Meridian School District No. 2 resulting from the influx of its population. The City of Meridian knows the increase in population does not sufficiently increase the tax base to offset the costs of providing fire, police, emergency health care, water, sewer, and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 22 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 parks and recreation services. The City of Meridian further knows the increase in population does not provide sufficient tax base to provide for school services to current and future students. 53. Pursuant to the instruction, guidance and direction of the Idaho State Legislature, the City of Meridian may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive to apply to all residential lots in the City because of the imperilment to the health, welfare and safety of its citizens. 54. Section 11-9-605 C of the Zoning and Development Ordinance provides, "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 55. Section 11-9-605 G of the Zoning and Development Ordinance provides in part: Planting strips shall conform to the following: 1. Planting Strips - Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement; . 56. Section 11-9-605 H of the Zoning and Development Ordinance provides in part: Public sites and open spaces shall conform to the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 23 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 ** 1. Natural Features - Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be .preserved in the design of the subdivision; 57. Section 11-9-605 J of the Zoning and Development Ordinance provides in pertinent part: 6. Fences may be erected in all residential and limited office districts subject to the following: e. Any developer intending to construct a boundary fence on the boundaries of a proposed subdivision shall show the fence on the preliminary plat and shall include with the preliminary plat the design, placement, height, specifications and drawing of said fence. 58. Section 11-9-605 K of the Zoning and Development Ordinance provides: The extent and location of lands designed for linear open space corridors should be determined largely by natural features and, to a lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi-improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural values, especially waterways, drainageways and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 24 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities. Subdivision plats or development plans shall show the location of any lineal open space corridors. 59. Section 11-9-605 L of the Zoning and Development Ordinance provides: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada county [sic] Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. 60. Section 11-9-605 M of the Zoning and Development Ordinance provides in part: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 61. Proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. OF LAW 1. All the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 25 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to annex land pursuant to Idaho Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning commission has judged this annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. There has been compliance with all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian. 5. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. 8. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions .upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 26 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 A 1 • 9. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 10. The development of the property shall be subject to and controlled by the Zoning and Development Ordinance of the City of Meridian. 11. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. It is concluded, however, that it is more appropriate to enter into a development agreement for the development of the property, and therefore as a condition of annexation, a development agreement must be entered into prior to development of the property or issuance of final plat approval. 12. As a condition of annexation and the zoning of (R-8) Medium Density Residential District, the Applicant shall enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D. The development agreement shall address, but not limited to, the FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 27 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 ,, • following matters: C~ a. inclusion into the development the requirements of 11-9-605; b. Payment by the Applicant, or if required, any successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City; c. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee, or fees for fire, police, emergency health care, water, sewer, and parks and recreation services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; g. Submission and approval of individual building, drainage, lighting, parking, and other developmental plans of the property; h. Barmonizing and integrating the site improvements with the surrounding residential development and other development; i. Addressing and complying with the present general and site specific comments of and the comments hereafter made by the Planning and Zoning Administrator; j. Addressing and complying with the present general and site specific comments of and the comments hereafter made by the City Engineer and the Assistant to the City Engineer; k. Addressing and complying with the comments and requirements of the Ada County Highway District; 1. Addressing and complying with the comments and requirements of other governmental agencies submitting comments; m. The sewer and water requirements; n. Traffic plans and access into and out of any FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 28 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 .:.,~ i development; and o. Any other items or matters deemed necessary by the City Staff, including design review of all development, and conditional use processing. 13. As the property is in an area marked as a single family residential area, the annexation and zoning application is in conformance with the Rural Area policies. 14. The development of the property as an (R-8) Medium Density Residential District, as requested by the Applicant, would be compatible to the development in the surrounding area. 15. It is therefore concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de-annexed. 16. The requirements of the Meridian City Engineer, Meridian Planning and Zoning Administrator, Ada County Highway District, Central District Health Department, the Nampa & Meridian Irrigation District, the Meridian Water Department, Idaho Power Company, the Meridian Fire Department, the Meridian Police Department, and other governmental agencies shall be met and addressed in a development agreement. 17. All ditches, canals, and waterways, except Five Mile Creek, shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. 18. Pressurized irrigation shall be installed and FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 29 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 constructed, and if not so done the property shall be subject to de-annexation. 19. The Applicant shall be required to connect the property to Meridian water and sewer, extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Applicant's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 20. These conditions shall run with the land and bind the landowner, the Applicant and its, or their, successors in interest, assigns, heirs, executors or personal representatives. 21. With compliance of the conditions and requirements contained herein, the annexation and zoning of the property as (R- 8) Medium Density Residential District would be in the best interest of the City of Meridian. 22. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 30 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 ..}, 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 MACCOY COMMISSIONER SMITB COMMISSIONER NELSON CHAIRMAN JOHNSON (TIE BREAKER) VOTED (. Gt- VOTED VOTED VOTED VOTED ~ 4r h~~~ DECISION AND The Planning and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and/or is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED DISAPPROVED: u~~~~4? FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 31 ANNEXATION AND ZONING - ELVIRA SUBDIVISION/RON CROW Finalized 10-24-97 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION TOM BEVAN APPLICATION FOR ANNEXATION AND ZONING N. 386.5' OF E. 206.55'OF W. 453.20' OF LOT 7, PLEASANT VALLEY SUBDIVISION 2030 W. FAIRVIEW AVE. MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for public hearing on October 14, 1997, at the hour of 7:00 o'clock p.m., the Applicant, Tom Bevan, appearing personally, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. The notice of public hearing on the application for annexation and zoning was published for two (2) consecutive weeks prior to said public hearing scheduled for October 14, 1997, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the October 14, 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 included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein as if set forth in full. The property is FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 approximately 1.8 acres in size. 3. The Applicant is not the record owner of the property; however, the record owner, Trassis Snodgrass, hat consented to thi• application of the Applicant. 4. The property is presently zoned by Ada County as R-8, and is used for a personal residence and for agricultural purposes. The land has a single residence, a barn, outbuildings, and a pasture with livestock on it. The Applicant requests the property be zoned (C-G), General Retail and Service Commercial. The Applicant has requested the annexation and this zoning, and the application is not at the request of the City of Meridian. 5. The Applicant intends to develop a retail shopping center on the parcel. More specifically, Chelsea Square retail shopping center containing four shops to be leased to retail tenants. 6. The property is located at 2030 W. Fairview Avenue. The property adjoins the city limits of the City of Meridian 7. Tom Bevan, the Applicant, testified substantially as follows at the public hearing. Be will comply with all staff comments, although he is unsure how to comply with staff comment number 14, but would be willing to do anything suggested to change the design or anything else necessary to add to the curb agpenl. The Applicant has tried to model the shops in the site plan after the GAP store in Boise. The buildings will kie professional looking with gray stucco, and a monument sign is preferred along with aignage on each building. The Applicant intends to avoid having an FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 anchor store or national franchise in the shopping center, but intends instead to attract regional or local businesses. The Applicant will, as the Fire Department's comments suggested, try to eliminate the 20 foot fire easement around the outside of the development. 8. In response to questions by Commissioner Borup, the address will be changed, per the fire department's request, to an odd number since it has always been inoorrect. The Applicant also prefers a cross access with Econo Lube N'Tune that is deeper into the lot. The buildings can also be moved up closer to the road than they are, but there is only a driveway between them and the berm now. 9. in response to questions by Commissioner MacCoy, the Applicant testified that the buildings will be a stick frame with gray stucco and a eloped roof. There will be adequate pole lighting in the parking lot to provide safe lighting for customers. The lighting will not produce a glare, as the Applicant is striving to develop and upscale shopping center. 10. Commissioner Smith commented that there is too much asphalt on the site plan and there are trash collectors on the east and west sides of the development, with the back aides of the buildings showing from the street. The buildings are also too small, limiting future tenants. To eliminate a straight drive through on the cross access, the buildings can just be moved so cars would have to zigzag through the site. Commissioner Smith FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3 ANNEXATION AND BONING - TOM BEVAN Finalized 10-28-97 • recommended that the Applicant hire an architect sooner than later to better design the site plan because the engineer's rendition is not attractive. The site needs some more landscaping and some other design approaches should be considered for laying out the buildings. In response, Mr, Bevan testified that he is just trying to get the annexation and zoning through at this point, and will comply with the comments, spruce up the Bite plan, and come. back in later to get the conditional use permit approved. 11. The Assistant to the City Sngineer, Bruce Freckleton, and the Planning and Zoning Administrator, Shari Stiles, submitted general comments and site specific comments. Their general comments and site specific comments are incorporated herein as if set forth in full. Their general comments included the following: a. The legal description submitted with the application for annexation and zoning appears to have one minor error in the bearing along the north boundary of Section 8, T.3M., R.1B.,B.M., to the Point of Beginning. Please revise and resubmit to the City Clerk's office for review. b. The request for C-G along the frontage of Fairview Avenue is consistent with the Meridian Comprehensive Plan. c. A development agreement incorporating detailed conditions of approval is required as a condition of annexation. Their site specific comments included the following: a. Sanitary sewer service to this site will be via an extension of an existing mainline located in Wilson Lane. Approval of this application will be conditional upon our ability to accept the additional sanitary sewage generated by this proposed development. Applicant will be responsible to construct the sewer mains to and through this FINDINGS OF FACT AND CONCLUSIONS OF LAW - Paqe 4 ANNSXATION AND zONING - TOM BSVAN Finalized 10-28-97 proposed development. The Subdivision designer is to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. b. Water service to this site will be via extensions of an existing ten-inch diameter main located in Wilson Lane. Ths Applicant shall construot the water mains to and through this proposed development. The Applicant is to coordinate main sizing and routing with the Public Works Department. c. High-pressure sodium streetlights will be required at locations deaignnted by the Public Works Department. All streetlights shall be installed at Applicant's expense. Typical locations are at street intersections and/or fire hydrants. d. The Applicant shall provide parking lot lighting plans to the Meridian Public Works Department. Illumination of the site shall be designed eo not to cause glare or adversely impact neighboring residential properties or the traveling public, as determined by the City of Meridian. e. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Bngineer with calculations (Ord. 557, 10-1-91) for all paved areas. All site drainage shall be contained and disposed of on-site. f. The requirement• for D & B Supply called for a minimum 25-foot-wide berm beyond the required right- of-wny along Fairview Avenue. The Bcono-Cube Subdivision, directly to the west of the proposed site, moat also meet this requirement. The Owner/Applicant on this project shall construct a berm adjacent to the south right-of-way line of Fairview Avenue a minimum of 25 feet in width ranging in height above the grade of the adjacent parking area from two feet to four feet. q. The Fairview Avenue berm will be landscaped and sprinkler irrigated in accordance with a detailed landscape plan to bs submitted by developer and approved by the City. Said plan shall be submitted for review and approval prior to submittal of a building permit application. A minimum of one three-inch caliper tree per 1,500 square feet of FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5 ANNHXATION AND ZONING - TOM BBVAN Finalized 10-28-97 asphalt is required. h. The Applicant shall provide certification by a landscape architect that three-inah caliper trees will thrive in the four-foot-wide planter area and at spacing shown. Bumpers overhanging the planting strips would compromise the viability of trees in thin area. i. The Applicant must comply with ACHD policy/approval for location and width of accesses and any necessary cross access agreements. A copy of the recorded warranty deed for additional right-of-way on Filson Lane and Fairview Avenue, along with a latter of approval from the Ada County Highway District, is required prior to obtaining a building permit. The full right-of-way width needs to be dedicated on Wilson Lane to allow construction of utilities. j. Permanent easements shall be dedicated across the property for extension of public utilities. k. The Applicant will be required to construct curb, gutter and five-foot-wide sidewalk along the frontage of giilson Lane, and five-foot-wide separated sidewalk along the frontage of Fairview Avenue. All pedestrian walkways within the development should be a minimum of five feet wide. 1. All parking atalla are to be a minimum of 9'x19' with 25' driveways per City Ordinance. The parking layout shown does not meet these requirements. Compact atalla may only be approved with the approval of the Planning and Boning Commission. Based on a square footage of 8,000, 40 parking spaces are required. The number of parking spaces proposed exceeds thin requirement; however, required apacea will be based on individual tenant square footages. The four-foot-wide landscape medians should be removed and wider landscape islands provided at each end of the center parking areas. m. The Applicant shall provide aignage for handicapped accessible atalla in accordance with ADA. n. All aignage 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 Plnnning and Zoning Department. A-frame and FINDINGS OF FACT AND CONCLUSIONS OF LA1P - Page 6 ANNHXATION AND ZONING - TOM BEVAN Finalized 10-28-97 other temporary signs will not be permitted and will be removed upon 3 days notice to the Applicant. Sign permits are needed for all signage. Applicant indicates a single monument sign for all tenants of the center, and only one such sign is approved along the Fairview Avenue frontage as a condition of approval. Council may want to specifically review individual signage. o. The Applicant shall provide a screened trash enclosure per City Ordinance Section 11-2-414.A.3. The applicant shall coordinate dumpater site locations with the City's solid waste contractor, Sanitary Services, Inc. The Applicant shall provide verification from Sanitary Services that the 14-foot driveway width is adequate for garbage trucks. The Applicant shall locate dumpsters so as not to impede fire access. The Fire Marshall has indicated that, unless all buildings are provided with a fire protection system, the minimum unencumbered driveway width around all buildings ie 20 feet. p. The orientation of the buildings would not appear to lend itself to very desirable curb appeal and visibility for tenants wishing to locate here. q. The photocopied view of the proposed building indicated split masonry would be used, although the view does not appear to depict this type of material. The Applicant shall present additional information (i.e., photographs) of the actual construction materials. The P & Z Commission may also request elevations and color schemes for the entire development. 12. The Applicant did not respond in writing to the general and cite specific comments of the Assistant to the City Engineer and the Planning and Zoning Administrntor. 13. The Meridian Police Department, the Nampa & Meridian Irrigation District, and Central District Health submitted comments, which respective comments are incorporated herein as if set forth in full. 14. The Meridian Fire Department submitted comments, FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 including the comment that the address will need to be changed. Its comments are incorporated herein as if set forth in full. 15. The Meridian Water Department submitted comments, including the comment that it recommends that a 8" or 10" water main be installed on the eouth side of Fairview Avenue for Domestic, Landscape, and Fire Usage. Also that the Wilson Lane main continue .for additional domestic, landscape, and fire protection. Its comments are incorporated herein. 16. The Ada County Highway District has. or may hereafter submit comments. Its submitted comments, if any, are incorporated herein as if set forth in full, and its comments hereafter submitted shall be incorporated herein as if set forth in full when submitted. 17. There were no other comments by the public regarding this application. 18. The property is ndjacent and abutting the present city limits of the City of Meridian. 19. The property which ie the subject of this application i• within the Area of Impact of the City of Meridian. 20. The entire parcel of the property is included within the Meridian Urban Service Planning Area as th® Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 21. The property can be physically serviced with City water and sewer, if applicant extends the lines. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8 ANNHXATION AND ZONING - TOM BBVAN Finalized 10-28-97 or LAW 1. All the procedural requirement• of the Local Planning Act and of the Ordinances of the City of Meridian have been met= including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. The City of Meridian has authority to annex land pursuant to Idaho Code Section 50-222 and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian. The exercise of the City's annexation authority is a legislative function. 3. The Planning and Zoning commission has judged thi• annexation and zoning application under Idaho Code Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it may take judicial notice. 4. There has bean compliance with all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian. 5. The Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. The land within the proposed annexation is contiguous to the present city limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. The annexation application has been initiated by the Applicant, and is not upon the initiation of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9 ANNEXATION AND ZONING - TOM 88VAN Finalized 10-28-97 8. Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots and other uses. 9. The following pertinent statements are made in the Meridian Comprehensive Plan and are specifically applicable to this Application: 1. Under BCONOMIC DEVELOPMENT COMMERCIAL ACTIVITY CENTERS at page 17 Retail, commercial and office development are frequent partners within Commercial Activity Centers. In order to support residential and industrial developments, areas should be set aside as Commercial Activity Centers and their development carefully guided. various commercial activity centers are designated on the generalized land use map. Planning policies pertaining to commercial activity centers are presented in the land use chapter of the plan. MIXED-PLANNED USE DEVELOPMENT AREAS at page 17 Mixed use ie a planning category which refers to the coordinated development of several major uses as part of a single project, such as specialty retail/commercial, variable density residential, offices, motels, industrial, service, coam-ercial, and public and semi-public uses. Certain areas have been designated for mixed-planned uses. The development of mixed and planned compatible land uses should be carefully guided through specific project plane, in accordance with the mixed-use policies contained in the Land Use chapter of the Plan. Economic Development Goal Statement Policies, Page 18 1.1 The City of Meridian shall make every effort to create a positive atmosphere which FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 encourageB industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of .Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 1.6 It is the policy of the City of Meridian to support shopping facilities whioh are effectively integrated into new or existing residential areas, and plan for new shopping centers as growth and development warrant. (Emphasis added.) 2. Under LAND USE EXISTING CONDITIONS, Paqe 21 Commercial and retail areas are established along major arterials, and include small commercial center and individual businesses. Uaea include retail, wholesale, service, office, and limited manufacturing. Area of Imcact, Page 22 ~omnrehensive Plan Mac The proposed future land use delineations for the impact area are shown on the Comprehensive Plan Map - Generalized Land Ueea, The land use element is based upon these objectives: 4. Planned mixed uses along I-84, Franklin Road, U.P. Railroad, and Fairview Avenue corridors. (Emphasis added.) COMMERCIAL ACTIVITY CENTBRS, Page 25 In all cases, the lxations of Commercial Activity Centers should be guided by performance and developments standards. These standards consider, among other aspects: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 1. Traffic Volume and Type 2. Trip Generation 3. Impacts on Arterial Street System 4. Proximity to Other Commercial Development 5. Impacts on Neighborhood Residential Area• 6. Accessibility of Site 7. Parking Demands 8. Pedestrian Circulation 9. Available Utility Systems 10. Aeethetica (Design Considerations) 11. Use Impacts Upon Other Adjacent Usea 12. Internal Circulation Deaiqn 13. Drainage COMMERCIAL POLICIES, Page 26 4.6U Community shopping centers will be encouraged to locate at arterial intersections and near high-traffic intensity areas. (Emphasis added.) Pnge 28 These areas are within Ada County, but nearly surrounded by the City of Meridian. The area is characterized by large rural lots, and a sparse development pattern. In order to stimulate planned development in these areas, the following policies apply: 5.16U All development requests will be subject to development review and conditional use permit processing to ensure neighborhood compatibility. 5.17U A variety of coordinnted, planned and compatible lnnd uses nre desirable for this area, including low-to-high density residential, office, light industrial and commercial land uses. 5.18U Existing residential properties will be protected from incompatible land-use development in this area. Screening and buffers will be incorporated into all development requests in this area. 5.19U A planned community shopping center is anticipated near the Locust Grove FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12 ANNEXATION AND ZONING - TOM BSVAN Finalized 10-28-97 Road/Fairview Avenue intersection. Rural Areas, page 29 Land covered by this policy section has characteristics which generally allow for agricultural and rural residential activity due to the existence of irrigation systems, soil characteristics and relative freedom from conflicting urban land urea. Where community growth creates pressure for new developaslnt, it must be recognized that agricultural land can no longer economically continue to be identified or used as agricultural land to the exclusion oP orderly city growth and development." 3. Under TRANSPORTATION, Page 43 Existinc Conditions a. Cherry Lane/Fairview, East of Meridian Road, is listed as a principal arterial b. Locust Grova, Franklin to Ustick is listed as a Minor arterial. 4. Under COMMUNITY DESIGN, at Page 71 crnmmnn9+y Identifycat+on Goal Statement Create visual quality and functional identity for the City of Meridian and its surrounding environment. Policies 1.1 All commercial and industrial developments should be reviewed by the City for adequate site planning. 1.3 Open space areas within all development should be encouraged. 1.4 Major entrances to the City should be enhanced and emphasized. Unattractive land uses nlong these entrances should be screened from view. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 r~ Soecial Community Desian Areas Goal Statement 2.1U Require businesses and governatent to install and maintain landscaping. 2.2U Bncourage area beautification through uniform sign design that enhances the community. 2.3U Encourage the beautification of streets, parking lots, public lands, and state highways. 2.5U Bncourage the use of attractive open space, landscaping, lighting, and street furniture for the benefit of the public. Entrvwav Corridors Entryway corridors are arterial roadways entering the community that introduce both visitors and residents to Meridian. City-designated gateway arterials include the following streets: c. Fairview Avenue (Bast entrance) Entryway corridors are a community's front door. It is acknowledged that the corridor's trees (or lack thereof), commercial aignage, and site character provide the first, and often times the moat lasting, impression of the entire community. Therefore, the entire community and, most specifically its governing bodies, have the right and the responsibility to guide the development and redevelopment that occurs along entryway corridors. 8ntrance Corridors Goal Statement Promote, encourage, develop and maintain aesthetically-pleasing entrances to the City of Meridian. Policies 4.2U Support ACRD corridor development standards for the entrXways to the City. 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 r business or residential development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. Quality of Environment Goal Statgment PS'l,~c 5.2U Ensure that all new development enhances rather than detracts from the visual quality of its surroundings, especially in areas of prominent visibility. Neighborhood Identify Goal Policies. 6.1U All Meridian neighborhoods will be served with sidewalks, curb and gutters, and functional streets. 6.4U Limit the conversion of predominantly residential neighborhoods to nonresidential uses, and require effective buffers and mitigation measures through conditional use permits when appropriate nonresidential uses are proposed. 10. The property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a Mixed/Planned Use Development area and a commercial designation is just to the west of the parcel. il. The requested zoning of General Retail and Service Commercial, (C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as follows: (C Gl General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail salsa for the transient and permanent motoring FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 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. 12. That Section 11-2-409, ZONING SCHSDULE OF USE CONTROL, B, Commercial, lists commercial uses allowed in the various zoning districts of the City; that Retail Stores are listed ae permissible uses in the General Retail and Service Commercial (C-G) district. However, this parcel of land is within the Mixed-Use area at Locust Grove Road and Fairview Avenue as defined by the City of Meridian Comprehensive Plan quoted in paragraph 9 subsection (2) above. 13. That the City of Meridian Comprehensive Plan, under LAND USE, Mixed-Use Area at Locust Grove Road and Fairview Avenue, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility. 14. Therefore, by the authority of the City of Meridian under the Comprehensive Plan, a conditional uee permit is required for Applicant to operate retail stores on this parcel of land. 15. That Planned Development is defined in 11-2-403 B, nt page 20 of the Zoning Ordinance booklet, as follows: An area of land which is developed as a single entity for a number of uses in combination with or exclusive of other supportive uses. A PD may be entirely residential, industrial, or commercial or a mixture of compatible uses. A PD does not necessarily correspond to lot size, bulk, density, lot coverage required, open space or type of residential, commercial or industrial uses as established in any one or more created districts or this Ordinance. and a Planned General Development is defined as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 • • A development not otherwise distinguished under Planned Commercial, Industrial, Residential Developments, or in which the proposed use of interior and exterior spaces requires unusual design flexibility to achieve a completely logical and complimentary conjunction of uses and functions. This PD classification applies to essential public services, public or private recreation facilities, institutional uses, community facilities or a PD which includes a mix of residential, commercial or industrial uses. and a Planned Commercial Development is defined as follows: Any development in which the principal use of land is for commercial purposes. 16. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision. that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 17 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 ~~ recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students; that the industrial and commercial developments do provide taxes for providing fire, police, emergency health care, water, sewer, parks and recreational services for people that are here, and which will come here. 17. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 18. That Section 11-9-605 G 1. states as follows: Planting stripe shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement. 19. That Section 11-9-605 L states, in part, as follows: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing, or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 20. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: I The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 18 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan . 5. Amore convenient pattern of commercial, residential and industrial uses as well as public services which support such uses. 21. That 11-9-607 E, of the Subdivision Ordinance, states in part as follows: A PD shall be allowed only as a Conditional Use in .each district subject to the standards and procedures set forth in the Section. A PD shall be governed by the regulations of the district or districts in which said PD is located. The approval of the Final Development Plan for a PD may provide for such exceptions from the district regulations governing use, density, area, bulk, parking, signs, and other regulations as may be desirable to achieve the objectives of the proposed PD, provided such exceptions are consistent with the standards and criteria contained in this Section. 22. That 11-9-607 F, of the Subdivision Ordinance, states in part as follows: 1. Planned Developments - Planned developments shall be subject to requirements set forth in the Zoning Ordinance and also subject to all provisions within this Ordinance. 8. Financial Guarantees - The developer shall post financial guarantees for all approved on-site improvements if required pursuant to 9-606 C. 23. Since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. See Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983). 24. The development of the annexed land, if annexed, shall meet and comply with the Ordinances of the City of Meridian including, but not limited to: Section 11-9-616 which pertains to FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 19 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 i development time schedules and requirements; Section 11-9-605 M, which pertains to the piping of ditches; and Section 11-9-606 B 14., which pertains to pressurized irrigation systems. 25. The development of the property shall be subject to and controlled by the Zoning and Subdivision and Development Ordinance of the City of Meridian. 26. Section 11-2-417 D of the Zoning and Development Ordinance provides in part as follows: If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. It is concluded, however, that it is more appropriate to enter into a development agreement for the development of the property, and therefore as a condition of annexation, a development agreement must be entered into prior to development of the property or issuance of final plat approval. 27. As a condition of annexation and the zoning of (C-G) General Retail and Service Commercial, the Applicant shall enter into a development agreement as authorized by 11-2-416 L and 11-2- 417 D. The development agreement shall address, but not be limited to, the following matters: a. Inclusion into the development the requirements of 11-9-605; b. Payment by the Applicant, or if required, any FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 20 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 successors in interest, assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City; c. Addressing the property access linkage, screening, buffering, transitional land uses and traffic study; d. An impact fee, or fees for fire, police, emergency health care, water, sewer, and parks and recreation services as determined by the City; e. Appropriate berming and landscaping; f. Submission and approval of any required plats; g. Submission and approval of individual building, drainage, lighting, parking, and other developmental plans of the property; h. Harmonizing and integrating the site improvements with the surrounding residential development and other development; i. Addressing and complying with the present general and site specific comments of and the comments hereafter made by the Planning and Zoning Administrator; j. Addressing and complying with the present general and site specific comments of and the comments hereafter made by the City Engineer and the. Assistant to the City Engineer; k. Addressing and complying with the comments and requirements of the Ada County Highway District; 1. Addressing and complying with the comments and requirements of other governmental agencies submitting comments; m. The sewer and water requirements; n. Traffic plans and access into and out of any development; and o. Any other items or matters deemed necessary by the City Staff, including design review of all development, and conditional use processing. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 21 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-26-97 • 28. That Section 11-2-417 D of the Meridian Zoning Ordinance states that a development agreement should be recorded in, the office of the Ada County Recorder and take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior to the final plat being approved and prior to issuance of any building permits. 29. The development of the property as a (C-G) General Retail and Service Commercial District, as requested by the Applicant, would be compatible to the development in the surrounding area. 30. It is therefore concluded that the annexing and zoning of the property is in the best interest of the City of Meridian, and it is concluded that the annexation shall be conditioned upon meeting the requirements of these Findings of Fact and Conclusions of Law and if they are not met the land may be de-annexed. 31. The requirements of the Meridian City Engineer, Meridian Planning and Zoning Administrator, Meridian Water District, Meridian Fire Department, Ada County Highway District, Central District Health Department, the Nampa 6 Meridian Irrigation District and other governmental agencies shall be met and addressed in a development agreement. 32. All ditches, canals, and waterways shall be tiled as a FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 22 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 condition of annexation and if not so tiled, the property shall be subject to de-annexation. 33. Pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 34. The Applicant shall be required to connect the property to Meridian water and sewer, extend the water and sewer lines to serve the property, and resolve how the water and sewer mains will serve the property, all of which shall be at the Applicant's, or its successor's, or successors' cost and expense. Said water and sewer requirements shall be performed on or before the time that the Applicant or its successor, or successors desire to use the property or place a user on the property. 35. These conditions shall run with the land and bind the Applicant and its successors in interest, assigns, heirs, executors or personal representatives. 36. with compliance of the conditions and requirements contained herein, the annexation and zoning of the property as (C- G) General Retail and Service Commercial District would be in the best interest of the City of Meridian. 37. If these conditions of approval are not met, the property shall not be annexed or if already annexed, it shall be de-annexed. FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 23 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW The Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions of Law. ROLL CALL COMMISSIONER BORUP COMMISSIONER MACCOY COMMISSIONER SMITH COMMISSIONER NELSON CHAIRMAN JOHNSON (TIE BREAKER) VOTED VOTED an~.~ VOTED VOTED ~Lti_ VOTED U~ DECISION AND RSCOl4~[SNDATION The Planning .and Zoning Commission hereby recommends that the property set forth in the application be approved by the City Council for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant or its successors in interest, assigns, heirs, executors or personal representatives enter into a development agreement; that if the Applicant is not agreeable with these Findings of Fact and Conclusions of Law and/or is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: ~i~ tv(~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 24 ANNEXATION AND ZONING - TOM BEVAN Finalized 10-28-97