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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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[ ~ •
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
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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
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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:
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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
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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;
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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
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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
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ANNEXATION AND ZONING - TOM BEVAN
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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.
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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