D & B Supply CUP
HUB OF TREASURE VALLEY
OFFICIALS
A Good Place to Live COUNCIL MEMBERS
RONALD R. TOLSMA
WILLIAM G. BERG, JR., Clty Clerk
S (~`~
ITY OF MERIDIAN MAX YERRINGTON
RGBERT D. CoRR~E
P.E. City Engineer
GARY D. SM TH ~/ WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste water supt.
33 EAST IDAHO SHARI STILES
KENNY W. BOWERS, Flre Chief MERIDIAN, IDAHO 83642 Planner 8 Zoning Administrator
W.L. "BILL" GORDON, Police Chief JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman • Planning 8 Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning 8z Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 4. 1994
TRANSMITTAL DATE: 9116194 HEARING DATE: 10/11/94
REQUEST: Conditional Use Permit for D & B Su~{~ly
BY: NEB-i Company
LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P2
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
-WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM ~ FINAL PLAT)
U.S. WEST(PRELIM & FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
•
....
CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT
NAME : NF.B - I ! D & B Si~nr~l v Cmm~an~, Tnc. ) PHONE ( 20$1,45~Z44 E
ADDRESS: 3303 E. Linden, Caldwell, Idaho 83605
GENERAL LOCATION• 1885 East Fairview Ave.
DESCRIPTION OF PROPOSED CONDITIONAL USE: Develop a single General
merchandise retail store of approximately 50,000 square feet and
associated parking lot.
ZONING CLASSIFICATION: (C-G)~General Retail and Service Commercial
PLAN: A plan of the proposed site for the conditional use
showing the location of all buildings, parking and
loading areas, traffic access and traffic circulation,
open spaces, landscaping, refuse and service areas,
utilities, signs and yards..
Plans will be following soon
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that
the Meridian Planning and Zoning Commission will hold a Public
Hearing in the Meridian City Hall on
at The purpose of the Hearing
is to consider a CONDITIONAL USE PERMIT submitted by NEB-I
(D & B supply co. Inc.) for the property generally described
as located at Pleasant Valley SUBDIVISION
BLOCK LOT NUMBER 8 through 13
TO develo a eneral merchandise retail store and parking lot.
• •
. _..
CONTENTS OF CONDITIONAL USE APPLICATION (ft`f'~Qc ~lecQ )
An application for a Conditional Use Permit shall be filed with
the Administrator by at least one (1) owner or lessee of property
for which such conditional use is proposed. At a minimum, the
application shall contain the following information where
applicable. (Application available from Administrator):
~1. Name, address and phone number of applicant;
2. Name, address and phone- number of owner of subject property;
~,,3. Legal description of property;
4. Proof of ownership of subject property;
5. Description of existing use;
6. Present use of subject property;
7. Proposed use of the subject property;
8. Twenty-Five (~) copies of a vicinity map of a scale of one
(1) inch equals three hundred (300) feet;
9. Characteristics of subject property which make a conditional.
use desirable;
10. A listing of the mailing addresses of all property owners
.(from authentic tax records of Ada County) who are within
three hundred (300) feet of the external boundaries of the
land being considered, and a list of all owners within the
area being considered for a Conditional Use;
~S
11. A fee established by the Council; $275.00 + $1.29 each fo
certified mailings for each property owner listed within the
300 feet = Total Fee.
12. The property wi 11 be posted 1 week before hearing statin There
have applied for a Conditional Use Permit or Zoning.
must be a signed affidavit that this has been done as part of
the application.
•
City of Meridian Application for Conditional Use Permit:
1) Applicant: NEB-I on be-half of D & B Supply Company, Inc.
3303 E. Linden
Caldwell, Idaho 83605
(208)459-7446
2) Owner: Roger C. Crandlemire
1400 Floating Feather Rd.
Eagle, Idaho 83616
3) Legal Description: Lots 8 through 13 inclusive of
Pleasant Valley Subdivision according to the Official
Plat thereof, filed in Book 12 of Plats at Page 665,
Records of Ada County, Idaho
Except the North 12.4' thereof conveyed to the State
of Idaho by deeds recorded under Instrument Nos. 388828
and 388829.
4) /~tf~c~~d
5 & 6) The present use of the land is for pasture .
and farmland.
7) The proposed use for the subject property is for a general
retail store appealing to the agricultural and urban
market. The store will provide merchandise in the
following areas:
Lawn and Garden
Hardware and Tools
Plumbing and Electrical
Work and Casual Clothing
Toys
Tack and Animal Health
Agricultural Supplies
8 ) ~-1-~e-.-fo.]..1.c~.v~.ing-s~oo~rt :- ~} !1-G c~~ ~
9) The subject property is classified Mixed Planned Use and
is located on a principal arterial entrance to the City of
Meridian. As such the development request is subject to
"conditional use" processing.
•
•
Roger C. Crandlemire
1400 Floating Feather Road
Eagle, Idaho 83616
September 16, 1994
City of Meridian
Shari Stiles
33 E. Idaho Avenue
Meridian, ID 83642
I, Mrs. Roger C. Crandlemire, give authorization to NEB-I on behalf
of D & B Supply Company, Inc. to apply for application for
conditional use permit on Lot 8 through 13 inclusive of Pleasant
Valley Subdivision according to the Official Plat thereof, filed in
Book 12 of Plats at Page 665, Records of Ada County, Idaho.
~~C~ ~ ~~.
Signature
Notorized by .u-"d J. mcc~k
Date
Date ~/~~~~`'~
,-
• . ~ -
~ •
\yAy/
~~~ P.O. BOX 1056
~/~;/
- CALDWELL, IDAHO 83606
~~~
~~~ PHONE: (208) 459-0333
D
~~bD~~~~ ~~C~o FAX: (208) 459-8278
.September 16, 1994 .
.City of Meridian-
Shari Stiles
33 E. .Idaho Avenue
Meridian, ID 83642
Affidavit that property will be posted, .one (1) week prior to the
hearing.
.Dear Shari: -
This letter is to verify that I will meet the requirements of the
City of Meridian by posting notice of public hearing one (l) week
-prior to the hearing date requesting the conditional use permit.
..Signature Date _ -
Notorized b e~
Y Date ~" ~~ 9
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WM. F. GIG RAY, III
DANIEL R. HARDEE
JOHN D. HAR RINGTON
WILLIAM A. MORROW
CHRISTOPHER S. NYE
PHILIP A. PETERSON
STEPHEN L. PRUSS
ERIC 5. ROSSMAN
TODD A. ROSSMAN
TERRENCE R. WHITE
WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P. A.
ATTORNEYS AT LAW
104 NINTH AVENUE SOUTH
POST OFFICE BOX 247
NAMPA, IDAHO 83653-0247
(208 466-9272 (208 888- 1482
FAX (208) 466-4405
E-Mail via InterNet:law®micron.net
REcE~ vE0
MAF~ ~ 3 1996
CITY OF MERIDIAN
March 12, 1996
Shari Stiles
Planning & Zoning Administrator
33 E. Idaho Avenue
Meridian, ID 83642
Dear Shari:
Re: D & B Supply Co., Inc. Occupancy Permit, Meridian
Store/Wilson Lane
Please be advised that with regard to the above-
referenced matter my clients' contractor, West Valley Builders, has
obtained from Hubble Engineering, Inc. the engineering plan for the
completion of the installation of the pipe to replace the open
irrigation ditch on the southern side of Wilson Lane. As you will
note, this is in accordance with our negotiations last fall.
Subsequent to approval by the Ada County Highway District
of those plans and as a condition of the installation of this
improvement, I request your assurance that an occupancy permit will
be issued to my client so long as that installation is accomplished
in accordance with the plans and specifications which have been
approved. If there are still further issues which have not been
resolved, which would be issues that would preclude the issuance of
an occupancy permit, I request your advise as to what those matters
would be.
Also, I request, since Mr. Steenson has asked that this
matter be calendared for consideration at the next available
Meridian City Council meeting, whether or not you feel it is
necessary that I and a representative of my client appear at that
council meeting or whether or not this letter will suffice with
regards to the progress of this matter.
Shari Stiles
March 12, 1996
Page 2
I await your response.
vm
Enclosure
cc: Dick Schrandt
Jim McGarvin
Daniel V. Steenson
Very truly yours,
~~ ~
~~
Wm. Gi ray I
d&b/stilas.lt3
Meridian City Council
October 3, 1995
Page 44
Corrie: Second
Kingsford: Moved by Walt, second by Bob to have the amended findings of fact and
conclusions of law prepared along with the annexation and zoning ordinance for The Lake
at Cherry Lane No. 5 & 6, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #15: BARBARA MYALL: CONCERNS ABOUT D & B SUPPLY DEVELOPMENT:
Kingsford: At this time she or her representative (inaudible) state your name please?
Steenson: My name is Dan Steenson with the law firm of Ringert Clark (inaudible) I
represent the Myall's who can't be here this evening. We had a long night and I don't want
to take too much more of your time. We submitted a packet in that packet I provided a
letter from me explaining the situation, a letter from the Myall's, a letter from John
Anderson who works for the Nampa Meridian Irrigation District, he as a favor of the Myall's
took a look at the ditch situation and made some observations, photographs of the
conditions that we are concerned about, correspondence that pertains to this matter that
has lead to this point. And a summary of provisions from the findings of fact and
conclusions of law, the development agreement and the ordinances which apply here.
The, what we are talking about is D & B Supply I'm sure you are all familiar with that on
Fairview. In back of D & B Supply there is Wilson Lane and on the south side of Wilson
Lane there is a home site or Myall's home, their home of 30 years where their folks lived,
Barbara Myall's stepfather took care of the irrigation system around there. D & B
development went in this past year on the north side of Wilson Lane in front of their
property. The problems that have arisen during the construction process include and I
would ask you to turn so that, because as they said in that OJ Simpson trial a picture tells
a thousand words, the photographs. The things that we are concerned about include the
first page you see photographs of a ditch, a trespass ditch that was constructed on the
northwest comer of the Myall property which took water from a relocated drain ditch. The
primary concern is the relocated drain ditch, that is shown at pages and the photographs
six through 11, that ditch was located on the boundary of Wilson Lane and the D & B
parcel and was relocated without authorization from ACRD or without consent of the ditch
users to the south boundary. It was an open ditch and it was relocated to the south
boundary, the south side of Wilson Lane on the front of the Myall property. What you see
in these photographs is the ditch, it is a drainage ditch that serves the property to the east
of the Myall property. Where you see water is of course is when of course there is
irrigation going on. In some of these photographs at the bottom right of page seven you
can see the front of the Myall's house and the new ditch. That house is as I say it is
leased, it is leased to a family now that has three small children, the youngest child is the
•
Meridian City Council
October 3, 1995
Page 46
spend a reasonable period of time within which to have this matter resolved. Table the
matter tonight and then come back within a month say and see what resolution has
occurred. With that I would open it up to questions.
Kingsford: The pictures with the, regarding the open dumpster, if I am looking at those
correctly and the dates, that dumpster is now in the back of a chain link fence is that
correct?
Steenson: Right, if you are looking at the bottom of page 4, the bottom right photograph
that is correct.
Kingsford: So that is remedied?
Steenson: Well, it is still open and exposed.
Kingsford: Well, but there is a fence on the outside of it that would contain that trash am
I right correct?
Steenson: Well, as 1 understand the ordinance it requires screening for aesthetic
purposes. Shari can address that, that is not the greatest concern it is the ditch.
Tolsma: (Inaudible)
Kingsford: Counselor, could you look at page 2 and explain to me what that picture
represents, the sunken lawn as you go up to that doorstep, what are you telling us with
that?
Steenson: These are photographs during construction. One of the things that happened
as a result of the construction process was that the Myalls lost their tenants at that time
and had an unleased home there. These photographs show some of the things that
occurred. I believe this was the installation of sewer or water, this lower photograph. The
upper photograph there were two planners there, one was destroyed, removed by the
construction workers and it was later replaced. But this is to show some of what has been
endured during the construction process. I didn't, the Myall's didn't want to
Kingsford: The bottom part though you are not suggesting D & B did that are you?
Steenson: I am not sure who did that work.
Kingsford: Wefl, it looks to me like they are making a service line to that house am I
wrong?
•
Meridian City Council
October 3, 1995
Page 47
Steenson: I am not sure exactly who did that work. This was in part to chronicle the
construction process and where the property sits today. That photograph does not the
problem that the Myall's are requesting to be remedied at this time.
Kingsford: Any questions for the Counselor?
Morrow: No, is there a representative here from
Kingsford: That is just what I was going to ask, D & B do you-wish to make comments on
each of these? Would you state your name for the record please? First off I would ask you
if you have seen these pictures.
Gigray: If it please the Mayor and the Council, first I will identify myself for the record, my
name is William F. Gigray, I11, and I am here representing D & B Supply Co. Inc., for
purposes of the record I would also advise that Mr. Rod Snyder who is the manager of the
Meridian store for D & B Supply is also here in the audience but we don't wish to belabor
this if it is unnecessary. I have seen black and white xerox copies of many of those
pictures which were supplied me along with the packet which I believe was supplied to
you. Those pictures are kind of hard to interpret and it is a little difficult.
Kingsford: They are color pictures, they don't look that bad counselor.
Gigray: At this point, I would like to say I did send a brief letter because at this point I am
a little confused with regard to what procedure we are following at this point. I think that
some of the issues that were presented by this particular complaint by the Myall's presents
some engineering and other issues which would take a fair amount of time to put on a full
case with regards to our position on it. What we feel and what our intent is to work with
your staff and we still have to resolve our differences if we can with the Ada County
Highway District over the waste ditch. It is our position and it is my clients positions that
they have hired Hubble Engineers who worked on this project who prepared the plans and
specifications, went through the approval process and our position that we relied upon that
approval process and that it in fact was approved and that we were allowed to locate the
ditch where we were. And we have stated our position to Ada County Highway District,
they have recently stated their position to us in a letter which was recently sent by their
attorney. In order for us to see whether or not we can reach some neutral ground about
a resolution of this problem I think we are going to have to meet us with the Ada County
Highway District with their people, with their engineers, their attorneys, your planning and
zoning staff and certainly the Myall's if this involves public situations can be represented
in those meetings as well to see whether or not there could be some kind of solution to this
problem. Our position is this waste ditch was in the right of way at the Ada County
Highway District proceeding the development of this property and remains so to this day
•
Meridian City Council
October 3, 1995
Page 48
and that the issue was addressed in the plans. But at this point I know what their position
is, I think it is worth a stab at trying to see if we can't resolve an impasse on that particular
issue. And clearly in terms of the expense that is the most formidable issue involved in
these complaints that have been raised by the Myall's. As far as the other matters are
concemed first of all I think that the record is clear by the materials that you have before
you and that is the Myall's are not here, they are in California. And to the best of our
knowledge the renter of the property across the street who is a Dixie Arnold has not raised
any complaints with our people about the operation there. In fact I can have Mr. Snyder
say that he has in fact talked with her about our operation there and that there isn't any
complaint coming from the renter. Be that as it may we do want to honor our obligations
under the development agreement and it isn't D & B's position that isn't intending to do so.
We are in the process now of putting slats in the chain link fence that surrounds the area
that the dumpster has now been put in the loading area so that it is out of the sight and is
fenced in and the slats should further obstruct the view of that dumpster. As far as the
landscaping across the south portion of the property, it is true and the pictures do depict
that there are some of the arbivida there which are dying. At this point we are trying to
determine the causation for the dying because it is, there are a few that have died there
are some that parts of them have died and not all of them. Until we figure out what the fix
is we have to figure out what the cause of the vegetation problem is. As far as the storage
of the commercial material complaint is, we recognize that we have to address that issue
and I think we have to address that issue with the staff of the City of Meridian to see what
is the best possible solution. Sometimes hurried recommendations end up with actually
more visual blight and obstruction that what exists at this point in time. So how that is done
I think has to be carefully determined but it seems in order to try to discuss these matters
within a one month period would be ample time to see if we cannot get all of these matters
resolved. As far as the claim in the trespass is concerned I am not, it isn't our position that
a trespass has occurred here. We can take another look at that particular issue there. I
think this has to do with the concern of the property owner to the east of our development
who had concern about his ability to access his field to the east. So we did go in and
accommodate the request so he could access that field with his equipment. I think that is
what that issue as to deal with. As far as the dust is concerned I think the evidence in this
particular case and I would with your permission could show you some photographs that
were taken of existing conditions at this time if you feel that this is necessary my
preference would simply be to deal with your staff about this. It has been done in a very
good and workman manner, it is level, it is neat, it is clean, as far as dust is concerned I
think if one notes the development across the street from my client and a very large
development of the Fred Meyers area, there is a fair amount of dust being created in that
situation right now. We understand that is the process of development, my client is willing
to take a look at a possible planting solution of some kind of drought resistant grass or
something that might provide even more coverage of that area. We would want to be able
to put something in there that doesn't become unsightly, a weed problem or a maintenance
•
Meridian City Council
October 3, 1995
Page 49
problem. But this may be something that could be worked out to eliminate that problem as
well. So, I would say the long and the short of it from our position is we would like to try
another stab to see if we cannot resolve our situation with the Ada County Highway District
on the waste ditch issue. As far as the other matters are concerned I think that we would
try to work with your staff on a solution to those things.
Kingsford: Well if I am hearing correctly, Counselor, you are saying roughly the same
thing.
Steenson: Yes, I think (inaudible)
Kingsford: Let's look to see some sort of remedy by the first meeting in November of this
year.
Gigray: Well, I think by that point in time we should know whether we can remedy the
situation or not and I know that the Myall's may not think that D & B's answers is what they
want to do but at the same time my client has hired engineers who drafted plans, have
incur-ed costs and have put in a development and now there has been a suggestion or a
request by the Ada County Highway District that would if it required replacing that waste
ditch or retiling clear underneath the whole southern portion of the D & B property which
has already been developed could be of considerable expense to D & B. This of course
is a serious matter to my client. I have met with the engineer about these complaints, we
have stated our position and now we know theirs. So now I think we are in a position to
move forward to see if okay we have said what we think our positions are can we come
to some neutral ground. I think that is the best course for everybody involved if we can get
her done.
Kingsford: Let's see an update in one month.
Gigray: I think that is very reasonable.
Tolsma: (Inaudible) just east (inaudible) wind blows the bark dust covers his patio and his
house and his living room and everything else. I told him he should go out there and meet
with the manager or somebody out there and discuss that problem. I seen the other day
there were some blue tarps, I think covering those pits that were out there. But I haven't
talked to Ray since so I-don't know, (inaudible).
Gigray: I would tell you the manager is here and 1 assume that he has heard everything
you said.
Kingsford: Well 1 think it ought to be something (inaudible)
•
Meridian City Council
October 3, 1995
Page 50
Snyder: Council and Mayor, my name is Rod Snyder, I am the manager of D & B and that
particular issue. He did come over and speak with us about it and we remedied that
immediately and put tarps on top of all of those. From what I hear from him that has
remedied that. Unfortunately, there is a home very close to it, a very large business, one
of the largest businesses that is here. We are trying our best to remedy all of these
problems. We have remedied I believe most. So we will continue to do that.
Tolsma: That was the only thing he had, he said other than that you were good neighbors.
But he said the dust come up one day and it blew (inaudible).
Corrie: Mr. Mayor, I would question the attorney's letter from the state, ACRD is there an
occupancy permit in this program? What is the occupancy issue status?
Stiles: Councilman Corrie, Mayor and Council, there is a temporary permit that is issued
in order to let them occupy the building prior to all of the improvements being made. Ada
County Highway District has never signed on the final portion of that occupancy which
means that we cannot release the final official certificate of occupancy. The fact is they are
occupying the building and I don't think it is in anybody's interest to try to stop any
occupancy. I don't believe that is what Mr. Steenson is really asking for.
Steenson: (Inaudible) What we want to see is the problem fixed. The location of the ditch
prior to relocation this is a drawing that was provided and the only lines that show the ditch
show right here on the boundary, right here on the boundary. And your ordinance with
respect to tiling of ditches says where the ditch under consideration is on the boundary
between the land being developed and adjacent land here ACHD's fee right of way that
they own in fee not owned by the developer or the owner of the land being developed or
is in fact the boundary, the ditch shall still be tiled. The ordinance goes on to say that the
developer shall attempt to obtain the permission of the land owner for tiling the ditch, and
shall attempt to obtain the adjacent land owners consent to share the cost of tiling the
ditch. But if they don't obtain that consent they shall still the the ditch. That is what really
brings this within the jurisdiction of the City. It is also within the jurisdiction of the ACRD
that happens to be concurrent jurisdiction here because ACRD does have authority over
its right of way. The annexed parcel does go to the center line of Wilson Lane. Which
includes this area.
Kingsford: I think we are~clear on that counselor. Again one month let's see if we can't get
that remedied. I would be surprised if ACRD wouldn't let you the that in the right of way.
They the them themselves.
Steenson: (Inaudible)
,. ~ •
Meridian City Council
October 3, 1995
Page 51
Kingsford: The first meeting in November would be November 8th.
ITEM #17: WATER/SEWER/TRASH DELINQUENCIES:
Kingsford: This is to inform you in writing if you choose to you have the right to a pre-
determination hearing at 7:30 P.M. October 3, 1995 before the Mayor and City Council to
appear in person and defend the claim made by the City that your sewer, water and trash
bill is delinquent. You may retain counsel. This service will be disconnected on October
11, 1995 unless payment is received in full. Is there anyone that would like to contest your
sewer, water or trash delinquency? Seeing none I would entertain a motion to approve
the turn off list.
Tolsma: So moved
Yerrington: Second
Kingsford: Moved by Ron, second by Max to approve the turn off list, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Kingsford: They are hereby informed that they may appeal or have this decision of the City
reviewed by the Fourth Judicial Court pursuant to Idaho Code. Even though they appeal
their water will be shut off. The amount of the turn off list this month is $26,917.96.
ITEM #18: APPROVE BILLS:
Tolsma: So moved
Corrie: Second
Kingsford: Moved by Ron, second by Bob to approve the bills, all those in favor?
Opposed?
MOTION CARRIED: All Yea
ITEM #19: DEPARTMENT REPORTS:
Kingsford: Mr. Smith, bid results?
Smith: Mr. Mayor and Council I would like to have that item postponed for two weeks
D&B Supply Inc.
• •
Salutations Grant
Thank you for your support Tuesday night, it was very much appreciated.
We are committed to being good citizens and know that an appealing
appearance is not only desirable by the city ,but is also good business,
especially in retail.
I think the landowner behind our store is working on an agenda to hassle us
,because we bought 'their property' and minimized access to their acreage.
As we discussed earlier they had more than ample opportunity to acquire
what is now our land, but tailed to do so.
We want to cooperate in settling any valid complaints, but when they
become frivilous and are made by folks who don't even live in the area it is
difficult to give them much credance. My regret is that you and other city
officials have to spend time on this, as you certainly have more important
things to accomplish.
Once again thanks.
Dick Schrandt
OCT 85 '95 08 07 PAGE.02
~~no
JAMES E. BRUCE, President
SHERRY R. HUBER. Vice President
SUSAN S. EASTLAKE, Secretary
September 29, 1995
William F. Gigray III, Esq.
104 Ninth Avenue South
P. 0. Box 247
Nampa, ID 83653-0207
Re: D & B Supply Co., Inc.
Dear Mr. Gigray:
I write as Attorney for the Ada County Highway District in
response to your letter of September 13, 1995, addressed to Larry
Sale. Please address any further communications regarding this
drain ditch problem to my attention.
ACHD's policies require that all developers of a particular
site locate all irrigation delivery and waste-water facilities
out of the public right-of-way as a condition of development of
the site.
In this case, the ditch in question served to drain irriga-
tion waste-water not only from several adjoining parcels, but
also from the parcel developed by D & B Supply Co., Inc. There-
fore, in accordance with ACHD's development policies, it was the
obligation of D & B Supply to relocate this ditch out of the
public right-of-way.
Rather than complying with this condition, D & B Supply
chose to relocate the ditch from the northern part of the right-
of-way of Wilson Lane to the southern portion of the same right-
of-way. This was done without any permission, authorization, or
even discussion with ACRD. The new location of the ditch unilat-
erally chosen by your client creates an unacceptable safety haz-
ard. It is ACHD's position that since your client created the
hazard, it is your client's responsibility to correct the hazard.
D & B Supply defends its actions on the basis that its plans
and specifications, "...clearly showed that the waste ditch was
proposed to be moved from the northern part of the right-of-way
of Wilson Lane to the southern part." Unfortunately, this is
simply not the case. A couple of the plans faintly indicate a
depression at the former location of the ditch. These plans do
not specifically call out that an irrigation ditch is present.
Further, the symbols used to show the ditch do not comply with
ada county highway district
318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7b80
-•~ • •
Letter to Wm. Gigray III
Re: D & B Supply Co., Inc.
September 29, 1995
Page 2
the legend symbols for a ditch. Also, the faint symbols are
almost entirely covered up by the bold new construction plans.
From these plans it is simply not reasonable to expect a plans
reviewer to identify that an irrigation facility existed at this
location.
More significantly, there is absolutely no indication on the
plans of a proposed relocation of the ditch. The developer had
an obligation to show the proposed relocation on the ,plans.
Accordingly, even if the plans reviewer had noticed the inade-
quate markings for the ditch, the appropriate conclusion to draw
would have been that the developer intended to simply fill in the
ditch in that it was no longer necessary.
In short, there was no approval by ACHD or Meridian for the
ditch relocation and so your client's actions in relocating the
ditch were totally unauthorized and in violation of ACHD's and
Meridian's policies.
Based upon the above, ACRD renews its
gation waste-water facility be relocated at
Supply out of the public right-of-way.
complied with, ACHD will continue to reconu
Meridian that the occupancy permit not
advise the City by a copy of this letter.
demand that this irri-
the expense of D & B
Until this demand is
vend to the City of
be issued and will so
Sincerely,
DA••COUN I~AY ISTRICT
i
~,
` ~ ,)
David E. Wynkoop, Attorney
DEW:as
cc: Larry Sale
City of Meridian, Attn: Shari Stiles
Daniel V.- Steenson 4
Z t
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E., Clty Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
DENNIS J. SUMMERS, Parks Supt.
SHARI S. STILES, P & Z Adm.
PATNA. WOLFKIEL, DMV Supervisor
KENNETH W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
• HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
Motor Vehicle/Drivers License (208) 888-4443
GRANT P. KINGSFORD
Mayor
September 12, 1995
Mr. Dick Schrandt,
General Partner
Schrandt Family Partnership
3303 East Linden
Caldwell, ID 83605
Dear Mr. Schrandt:
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
P & Z COMMISSION
JIM JOHNSON, Chairman
MOE ALIDJANI
JIM SHEARER
CHARLIE ROUNTREE
TIM HEPPER
s~ ~~~
It has come to my attention that there are several items that need to be addressed at your
new facility on Fairview Avenue in Meridian. Most of these items are included in the
development agreement which has been recorded in conjunction with your annexation.
Slats should be placed in the fencing along the south side of the property to screen these
materials from view. Although landscaping has been provided, it will be many years
before the plantings will have any impact toward providing a screen. The existing plants
do not appear to be receiving adequate water, as some are dying. Planting of larger,
more closely spaced arborvitae in this area or construction of a slatted fence along the
southern boundary would take care of this.
All outdoor storage of equipment and materials is to be adequately screened with asight-
obscuring fence. The materials on the west side of the building are not screened, and
apparently debris from these stockpiles blows into adjacent properties.
During the conditional use permit process, no outdoor trash areas were shown, and I was
told all garbage would remain indoors and a trash compactor would be used. There has
been, for some time, a large garbage bin parked in the loading bay that is usually
overflowing and is unsightly. Please immediately move this trash receptacle back in the
building or provide asight-obscuring fence around same.
Complaints have also been received about dirt and dust blowing from the vacant parcel
to your west. While I don't know of any resolution to this problem besides a constant
watering down of the site or planting ground cover, I would like to know if you have any
plans for this parcel and if you have any ideas to help alleviate this problem.
Lastly, the problem with the drainage being moved to the south side of Wilson Lane
remains. Little action has been taken by your engineer to resolve this problem. While
I understand this issue is being worked out with the Ada County Highway District, I urge
you to come to a quick resolution to this problem for the sake of all parties concerned.
+ ` s •
Mr. Dick Schrandt, General Partner
September 12, 1995
Page Two
Please contact me at your earliest convenience to let me know how you intend to comply
with the Zoning and Subdivision Ordinance and your development agreement. If you
would prefer that I work with your Meridian store manager on these issues, please let me
know. Thank you.
Sincerely,
CITY OF MERIDIAN
~~~~~~~5
/~~~
Shari L. Stiles
Planning & Zoning Administrator
cc: Wayne G. Crookston, Jr.
Dan Steenson
,~. •
Meridian City Council
November 1, 1994
Page 19
been some requests to change some of the items. Avest has communicated to us through
Kathleen Weber, I think that there are still some matters that need to be worked out.
Corrie: Mr. Mayor, I also have a question on the Exhibit B, item #3, the developer agrees
to comply with the requirements of the Meridian Police Department and the Meridian City
Engineer and Planning Director, etc. should we include .the Fire Department on this,
because there are some requirements of the Fire Department as well?
Morrow. Yes, it should say Meridian Fire also in my opinion.
Kingsford: Entertain a motion to table.
Morrow: So moved
Yerrington: Second
Kingsford: Moved by Walt, second by Max to table the development agreement with Avest
until the next meeting, all those in favor? Opposed?
MOTION CARRIED: All Yea
Kingsford: Point of interest Counselor, does that mean we shouldn't have annexed it given
your standard?
Crookston: I don't' believe that is within Avest's findings.
Kingsford: It wasn't in the ordinance.
Stiles: This property was previously annexed.
Crookston: All the amended ordinance did was correct the, it used to read the SW 1 /4 of
the NW 1/4 and that was changed to the SW of the SW, that is the only change in the
ordinance was the legal description.
ITEM #9: DEVELOPMENT AGREEMENT FOR NEB-i COMPANY (D & B SUPPLY):
Kingsford: Comments on the development agreement for NEB-i?
Morrow. Everything with the development agreement is satisfactory with Shari and Gary
and Wayne?
- ~ •
Meridian City Council
November 1, 1994
Page 20
Stiles: Wayne and I have reviewed it, the copy that you have has been amended a little
bit (inaudible) me, Wayne and the developer and I also have a signed copy of that
agreement.
Kingsford: And that meets with your approval?
Stiles: Yes
Corrie: Mr. Mayor, I hate to do this again, but #3 has left that out as well, the fire
department.
Morrow: Let me ask you this, is maybe the intent that the fire department would be
covered underneath the building permit process? The fire conditions would be part of that
process and not necessarily need to be spelled out separately?
Corrie: I would have no problem if we all agree that the City Engineer and Planner will
include the fire department with that. Some things have to be sprinkled and some things
don't, standing pipes and what have you. It is the requirement of the State fire code, if the
engineer feels capable of handling that.
Kingsford: Well, that is also part of the building code, fire and life safety.
Corrie: Right, this is more of a housekeeping thing here.
Smith: Mr. Mayor and Councilman Corrie, when those plats come in for review that is one
of the things that does get picked up is the sprinkling requirements for the building.
Kingsford: Is there a motion then on the development agreement?
Morrow. Mr. Mayor, I would move that we approve the development agreement as written.
Corrie: Second
Kingsford: Moved by Walt, second by Bob to approve the development agreement for
NEB-i Company (D & B Supply) as written, all those in favor? Opposed?
MOTION CARRIED: All Yea
lTFM #10: ORDINANCE#677 -NEB-i COMPANY ANNEXATION:
Kingsford: AN ORDINANCE OF THE CITY OF ~RIDIAN ANNEXING AND ZONING
• •
Meridian City Council
November 1, 1994
Page 21
CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE NORTH
HALF OF THE NW 1/4 OF THE NW 1/4 OF SECTION 8, T.3N, R.1E, B.M., ADA
COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the
public that would like Ordinance #677 read in its entirety? Seeing none I would entertain
a motion on Ordinance #677.
Yen-ington: Mr. Mayor, I make the motion that we approve #677 with the suspension of the
rules.
Tolsma: Second
Kingsford: Moved by Max, second by Ron to approve Ordinance #677 with suspension of
the rules, roll call vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
ITEM #11: CONDITIONAL USE PERMIT FOR NEB-i COMPANY (D & B SUPPLY):
Kingsford: Any questions of the Council on that item? Our ordinance calls for a
conditional use for that kind of an operation Counselor?
Crookston: Yes it does because it is in a planned development area.
Kingsford: It was heard at P & Z, I think you guys have gotten your minutes and so forth
from that, any questions of staff? Entertain a motion on the conditional use permit.
Morrow: So moved
Corrie: Second
Kingsford: Moved by Walt, second by Bob to approve the conditional use permit for NEB-i
(D & B Supply), roll call vote.
ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea
MOTION CARRIED: All Yea
ITEM #12: PUBLIC HEARING: REZONE REQUEST BY MARTELL PROPERTIES:
_`+' ~ i
Meridian Planning & Zoning Commission
October 11, 1994
Page 50
Johnson: Any other questions? This is a public hearing is there anyone else that would
like to come forward right now? Everybody likes Taco Bell, I will now close the public
hearing.
Rountree: Mr. Chairman, I move we have Findings of fact and conclusions prepared on
the request for a conditional use permit.
Hepper: Second
Johnson: it has been moved and second that we have findings of fact and conclusions of
law prepared by the City Attorney, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #14: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR D
& B SUPPLY BY NEB-i COMPANY:
Johnson: I will now open the public hearing, if there is a representative for NEB-i or D &
B Supply would they please come forward at this time.
Dick Schrandt, 2110 Idaho Avenue, Caldwell, was sworn by the City Attorney.
Schrandt: Tonight we are looking for an affirmative vote from the Commission to allow for
the construction of a retail store east of the corner of Fairview and Locust Grove. At this
point in time we have met all the requirements required by the City without any significant
deviation including some additions to the drawings that you have already been given.
Where we have included more trees in the internal part of the parking lot of the store, we
have provided more screening on the south side of the property on Wilson Lane. We have
also met with ACRD and have met all of their requirements as well. We have a
development agreement that has been submitted to the City and it is under review right
now to be completed in this next week is our understanding or within this week. We have
reviewed all the City department comments that have been given to us so far and we have
no problems complying with any of those. For a little background on our business D & B
Supply has been doing business in the valley here for over 30 years. We feel that our
business has a lot to offer in the way of products and services for Meridian. We are going
to have a very positive impact on the tax base of Meridian I think. We are anxious to do
business here in Meridian and we are anxious to contribute to the City of Meridian any way
that we can. Unfortunately though the time is of the essence for us now. We need to get
started on construction this fall before we get into any kind of freezing conditions in order
for us to be open next spring. From the drawings that we have given you we hope we
have convinced you that this is going to be a very attractive store. We think it is going to
t ' 1 ' • •
Meridian Planning & Zoning Commission
October 11, 1994
Page 51
be a very good addition to the City of Meridian. I would be available for any questions at
all.
Shearer: Do you have these 4 extra lots there, do you have any idea what those are going
to be at this point?
Schrandt: At this point no, this is just a request for the D & B portion and those lots will be
represented in the future at Planning and Zoning meetings.
Johnson: Anyone else have any questions of Mr. Schrandt?
Hepper: Have you seen the findings of facts?
Johnson: No, those are preliminary if we have them.
Hepper: There is a comment about the Comp Plan calls fora 35 foot setback on the front
landscaping for an entry corridor into the City. It states here that the applicant was
proposing a 15 foot setback and on the drawing it shows a 12 1/2 foot setback.
Schrandt: The setbacks from the center of Fairview?
Hepper: I am not sure.
Schrandt: We understand that we are in compliance with ACRD in all setbacks and as far
as the landscaping border on the Fairview side we got in drawings we are proposing a 25
foot.
(Inaudible)
Schrandt: For the landscape portion? It could be, Wayne that it is an older drawing there
but it is my understanding that we had a 25 foot landscaped area there. I believe from day
1 we have had 25 feet.
Hepper: Is the 35 foot setback possible or is the size of lot not allow that?
Schrandt: it really impacts significantly into the parking we have available on the lot. We
are trying to be in conformance with what else is being developed along that same strip
anyway. I have been talking with, (inaudible) addressing that 25 foot. In our
conversations with city personnel we understand that 25 would be an acceptable type of
distance there.
• •
Meridian Planning & Zoning Commission
October 11, 1994
Page 52
Hepper: Could you comment on the shrubbery and the trees and planting that you plan
on having?
Schrandt: Right now we have got a number of them in the drawings, we met with Shari
Stiles and she has given us the requirement that there be on the property 68 3 inch
caliber trees as part of the landscaping requirement. In addition to that will be many
decorative shrubbery along that same landscape area too. Our idea here is we want to
make this thing look very attractive to folks that are going to be shopping in the Brea and
we don't, we are not going to be sloppy at all when it comes to the landscaping. As you
have seen in that design we have, there is a lot of screening all around that property, and
in a new store that we have built in Ontario we have done the same type of thing, we put
in more landscaping than what they had required over there.
Hepper: Could you comment about any fencing or anything on the back of the property.
There is a residence back there that faces directly into the back of the store, is there any
possible thing that can be done to that. I don't know put in some trees or shrubs to help
the view of the back of the store.
Schrandt: We are going to be continuing in providing landscaping across the back of the
store as well. That was a comment made by Shari and we don't' have any problem
providing that as well. It is not (inaudible) but that was one of the new requirements that
she talked to us about and we don't' have any problem with that. We are going to make
sure that it is going to, it is not going to be a hazard when people are trying to pull out of
that area onto Wilson Lane at this point it time it is not a problem but whatever
developments happen on down the road and if Wilson becomes a busier street we want
to make sure we don't create a blockage so they can't get out and see what kind of traffic
is coming.
Hepper: Will you guys be improving Wilson Lane?
Schrandt: Yes, we are meeting ACRD requirements and improving that lane, where we
do our half whether the paving.
Johnson: Anyone else? This is a public hearing would anyone else like to come forward?
Tom Zabala, 815 Park Boulevard, Boise, was sworn by the City Attorney.
Zabala: I know the hour is late and I appreciate your diligence to the task at hand here.
I myself have served over 10 years on the Boise City Planning and Zoning and Design
Review Commission so I know what an effort it is at these public hearings. When I came
here this evening I didn't have a receding hair line or a beard so I have been here quite
~ ~ •
Meridian Planning & Zoning Commission
October 11, 1994
Page 53
awhile. I am here this evening however along with Mr. Fred Mack, we are representing
Thom and Barbara Myall who own the property to the south of the subject proposal across
Wilson Lane. We have had the opportunity to review the site development plans. The
earlier plans that were proposed for this project and like your staff have had some
concerns that we would like to share with you this evening. We do request that conditions
be added to any recommendation for approval by the body to the City Council to ensure
that this project is developed in accord with the Meridian zoning and development
ordinance and the comprehensive plan so that it is in fact harmonious with the intended
character of the neighborhood and future land uses in the area. As designed and again
I can only refer to the plans that we have been privy and not what we've heard by the
applicant here this evening. Although we do commend them for their commitment to doing
the landscaping correctly, but in terms of the plans that we are privy to we believe that the
landscaping along the south property line is inadequate. Immediately fronting the Myall
property there is presently indicated 477 linear feet of unbuffered unlimited access
frontage. The back of this area is indicated as the applicant's loading dock, their service
area and their refuse area with unobstructed vehicular access along its entire length.
There is no indication on the drawings that we are aware of that the existing lighting can,
exterior lighting we can only assume there will be wall mounted lighting directed toward
the street for both early morning and late evening operations and or for security. Trucks
and vehicles that will be using this area will be there we assume on a continual basis with
their lights perhaps horns, motors running, doors slamming etc. I do have and would like
to enter into the record this evening this site plan which we will elaborate on. As you
probably know Wilson Road is not developed as a major and will probably not be
developed as a major commercial retail access road. It is conceivable that the highest and
best use for the Myall's property to the south will be zoning that will allow for either Limited
Office type uses or medium to high density residential uses. The applicant's current
proposal creates what we believe to be a dangerous, injurious, obnoxious and otherwise
objectionable conditions which would adversely impact these surrounding areas and not
be in the best interest of the City of Meridian. We would request that your
recommendation for approval include conditions that require the applicant to number 1
provide and maintain adequate landscape screening and buffers along this south property
line to protect the adjacent property line from excessive exposure to noise, refuse, fumes,
glare of lights, debris, miscellaneous mechanical, electrical ground mounted equipment
in that area, or any other unsightly developments that may occur at the rear of this
building. And this is a fairly significant size building on this big piece of property. We
would also like that the applicant provide and apparently there is conditions under way to
that effect. The appropriate right of way improvements that will not only define and limit
vehicular and service truck access to the sight but there by avoid creating any interference
or hazards with traffic on the adjacent Wilson Street. We believe that this will provide,
safe and fast and efFcient movement of both vehicles and pedestrians along this frontage.
We would request that the conditions of approval be specific in that the applicant
. r
Meridian Planning & Zoning Commission
October 11, 1994
Page 54
specifically define the improvements that are proposed along here and that those
improvements should include a minimum of 5 to 6 foot high screen to be provided along
the south property line. This screen may include fencing, walls and or landscape
combinations to provide a dense sight obscuring sound absorbing buffer. We believe the
planting should be installed with gross characteristic which will provide the right height and
sight obscuring capabilities within a 2 year period of time, that the landscape area should
be developed with a random and natural layout with both coniferous and deciduous
elements. All planters we believe should not be less than 6 feet wide within the property
to provide adequate growth area for plantings and to protect from dehydration along this
south side. Obviously all landscaped areas should be fully equipped with automatic
sprinkler systems. We believe that access to Wilson Road should be limited to the 3
access points and egress points that we have indicated. And that obviously clear vision
triangles be observed in regard to all screens and vegetation, walls or other items that may
be built in there for other purposes. Any lights that occur along this area should be
shielded or arranged to reflect away from the properties to the south. And of course as we
have mentioned that all of the requirements by the Ada County Highway District for street
improvements, curb, gutter and sidewalk should be fully improved along that property line.
We believe that D & B Supply will be a good neighbor in this area and we appreciate their
commitment to doing the job right. We believe that the conditions as we have outlined
them here this evening will encourage further excellence in creativity in the design for
future developments and promote the goals of the comprehensive plan. Thank you very
much, I would like to enter this testimony into the record also. I would be happy to answer
any questions.
Johnson: Are they any questions of Mr. Zabala? This is a public hearing, is there anyone
else that would like to come forward at this time?
Thom Myall, 6227 Marlbourough Drive, Goleta, CA, was sworn by the City Attorney.
Myall: I would like to read a prepared statement. I am representing my wife, Barbara
Myall and myself. We are the property owners at 1470 N. Locust Grove Road, Meridian
Idaho, which is immediately south of the NEB-i proposal. This property was the home of
my wife's late parents for thirty years and is presently rural residential in Ada County and
zoned Rural Transitional (RT). We have maintained a gravel road down Wilson Lane to
our residence during this time. The property consists of a residence and approximately
16 acres, lots 18, 19 and 20 of Pleasant Valley Subdivision. The home is viable residence
which is currently leased. At this time we do not know how our land will be developed. We
realize Meridian is experiencing growth and desires commercial development to increase
its tax base, provide jobs and offer local shopping, a goal stated in the Meridian
Comprehensive Plan. As commercial development encroaches in an historically rural
residential subdivision, often incompatible land uses result. The Meridian Comprehensive
e ! • ~ . •
Meridian Planning & Zoning Commission
October 11, 1994
Page 55
Plan addresses this issue relative to the Pleasant Valley Subdivision, which is designated
as a Mixed Use area. Policies applicable to development are stated, specifically
paragraph 5.180, pages 28, "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. Also, the issue of screening and
buffering is addressed in the Findings of Fact and Conclusions of Law, August 16, 1994.In
addition, the Meridian Zoning and Development Ordinance 1993 contains ordinances that
diffuse the adverse affects of commercial uses on residential property. The following items
are applicable to this development and of interest to us. 1. Provision for commercial and
industrial uses. 2. Outdoor storage of commercial and industrial material. 3. Design
standards for off-street parking. In addition to the written testimony of October 5, 1994
submitted to the Meridian Planning and Zoning by Mr. Fred Mack and Mr. Zabala's
comments this evening, we have the following concems relative to the impact of the NEB-i
proposal will have on our property. The present application and site plan show a D & B
retail store, with parking lot and storage yard. There is a potential for glare from the
parking area lights and rear store security lights and the potential for contaminated water
run-off from the parking area and building. We are currently on a well at the residence.
In reference to the aforementioned policies and ordinances, and in order to minimize the
adverse affects created by the development on the continued enjoyment of our residence
and any future development of our property, we suggest the following be required: 1.
Appropriate landscaping, berming and fencing be increased from what is shown on the site
plan to extend the entire length of the storage yard, building and parking lot as they abut
Wilson Lane. 2. The rear of the site be limited to 3 access points on Wilson Lane, 2 curb
cuts located at the west end and one curb cut to the east end. These two items wold
reduce the adverse impacts of glare and noise and unsightly view from our residence. 3.
We request that all drainage from the site enter a sewer system. 4. We request that
during the construction ingress and egress to our residence not be blocked at any time.
Thank you for the opportunity to express our concerns. I have the prepared statement.
Johnson: Thank you. How long have you actually owned the property?
Myall: We have owned the property for approximately 4 years, my wife lived there for 2
years prior to our marriage.
Johnson: At one time there was some commercial use of that property was there not?
Myall: Not that I am aware of, unless the raising of alfalfa on that land.
Johnson: I thought there was a sign business operated out of that residence for some
time?
• •
Meridian Planning & Zoning Commission
October 11, 1994
Page 56
Myall: (Inaudible) our rental contract states that there will be no commercial business ran
out of that house. We found out through some neighbors that it was being done and it was
moved immediately I believe over by the glass place on the corner. I think that is where
they are right now, it was Mark's.
Johnson: I don't know the fellows name it was Signs Inc. or something like that. Any
questions, any further questions? Anyone else from the public? Dick did you have some
final comments?
Schrandt: Just to answer some of the comments that were made by Mr. Zabala we have
already addressed that there will be additional landscaping provided on the south side of
that building. The agreement or the arrangement that we have with the Ada County
Highway District is that there is not going to be unlimited access off the back of that
property. There is curb and gutter going to be provided there as well as only 2 40 foot cut
outs for access to that property. there will be some wall mounted lighting at the back of
that building but our design allows for that to be pointed down ward so it does not shine
out onto the road at all, we have that on our other buildings now and it works very
effectively in preventing any kind of glare that shines out into any kind of traffic or any
adjacent properties. The truck traffic that was mentioned is very over stated, we only have
a truck that comes to our store during normal business hours, it comes, the most we would
ever see a truck at a store would be once a day and again that would be during normal
business hours. We send our own truck to the store once a week again during normal
business hours. There aren't an blaring horns and dazzling lights at night. This is a very
clean retail store, there is nothing toxic or noxious about our product mix or anything that
we put in our yards. There is no external noise in the equipment that we use, our forklifts
are the only thing that runs around outside and those are propane fueled so they are very
quiet. As far as contamination due to water, I am not sure where that would come from,
again our products are not contaminated, not toxic. All water run off will be contained on
the property according to code and arrangements that we have already made.
Hepper: Would you address the fencing that they mentioned?
Schrandt: We have fencing all the way around our yard, our property in our design. In
addition to the fencing there is screening from trees and shrubbery all the way around the
property too. .
Hepper: Would this include that strip across the back of the building that didn't show on
the map?
Schrandt: Yes, the fencing comes around part way and then like I mentioned before we
will be providing more landscaping across the back of that store.
• •
Meridian Planning & Zoning Commission
October 11, 1994
Page 57
Hepper: Would the fencing be included with that landscaping across the back of the
store?
Schrandt: No fencing, I am not sure what the fencing would accomplish.
Hepper: More or less a screen for the residents, I assume the residence is just opposite
the store.
Schrandt: No, the residence is off (inaudible) there is nothing behind the store itself.
Hepper: Although someday there could be, the general ideas that it would probably be
high density housing that would be the normal transition from commercial to residential.
Whether it happens or not we don't' know. I don't know, I don't personally feel that a 6 foot
fence across the back of there is not an unreasonable request.
Schrandt: If the requirement is that there be some screening we will provide whatever
screening is necessary.
Johnson: Any other questions? Anyone else, any further comments? I will close the
public hearing then. I see the attorney has already prepared preliminary findings of fact
and conclusions of law, what is your position Mr. Crookston with respect to acting on these
in light of the testimony?
Crookston: (Inaudible)
Johnson: We need a motion.
Rountree: Mr. Chairman, I make a motion that the preliminary findings of fact and
conclusions be amended to reflect the testimony tonight and specifically addressing the
screening of the Wilson Lane side of the development.
Shearer: Second
Johnson: It is moved and seconded that we amend the preliminary findings of fact and
conclusions of law that have been prepared to reflect the testimony, any pertinent
presented this evening, all those in favor? Opposed?
MOTION CARRIED: All Yea
Johnson: It was your intent that those have to re-drawn or amended?
,' • •
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this ~ S"~ day of Noyc'mbf•r ,
1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho,
party of the first part, hereinafter called the "CITY", and SCHRANDT FAMILY
PARTNERSHIP, an Idaho partnership, party of the second part, hereinafter called the
"DEVELOPER", whose address is X303 East Linden, Caldwell, ID 83605
WITNESSETH:
WHEREAS, DEVELOPER does not presently own the land but is in the process of
purchasing the property; the owner is Roger C. Crandlemire, who has submitted written consent
to enter into this Development Agreement for a certain tract of land in the County of Ada, State
of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated
herein as if set forth in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreements
with developers upon rezoning of land; and
WHEREAS, the CITY has passed Ordinance 11-2-417 D, which authorizes development
agreements upon the annexation and rezoning of land; and
WHEREAS, the DEVELOPER has submitted an application for annexation and zoning,
or an application for rezone, of that certain property described in Exhibit "A", and has requested
zoning of General Retail and Service Commercial (C-G~ with a conditional use permit to allow
construction of a D&B Supply Store and has submitted a site plan for same which has been
recommended for approval by the Meridian Planning and Zoning Commission to the Meridian
City Council; and
WHEREAS, the DEVELOPER made some representations at the public hearings before
the Meridian Planning and Zoning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation
or rezoning of property; and
WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this
agreement and acknowledges that this agreement was entered into voluntarily and at its urging
and request, and DEVELOPER submitted a proposed Development Agreement; and
WHEREAS, the DEVELOPER has made request to the CITY to have the same annexed
to said CITY and requested a Conditional Use Permit for the development of a D&B Supply
Store, and has submitted to the CITY site plans as to how the property might be platted,
landscaped, bermed, lighted, access provided, and elevations, which, have been approved for
D&B SUPPLY -
SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 1
• •
annexation by the CITY and as part of the annexation the CITY adopted and approved Findings
of Fact and Conclusions of Law, which are incorporated herein as if set forth in full; and
WHEREAS, the Findings of Fact and Conclusions of Law required that the
DEVELOPER enter into a Development Agreement; and
WHEREAS, the CITY, in the Findings of Fact and Conclusions of Law, annexed the
property subject to de-annexation if the DEVELOPER did not enter into a Development
Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds its heirs, successors and assigns to this
agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as
follows:
1. That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
2. That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A"
a. Develop and construct a D&B Supply Store under a conditional use permit
and that all uses on the remaining land will be developed under a
conditional use permit process.
b. Submit to the CITY an application for a conditional use, and obtain the
CITY's approval thereof, prior to, and as a condition of, the
commencement of construction of any building(s) or improvements on the
property, intended for retail use or other uses, of which the DEVELOPER
has submitted such conditional use for the D&B Supply Store.
3. That DEVELOPER will file or cause to be filed with the City Engineer, a
complete set of Improvement Plans showing all streets, entry drives entering the
property, utilities, pressurized irrigation facilities, tiling and piping of irrigation
ditches, fire hydrants, extension of sewer and water lines to and along the exterior
boundary of such property, landscaping, drainage, street and other similar signing,
barricades, and other such improvements contemplated within the development,
which Plans, and all improvements shown thereon, shall meet the approval of the
City Engineer. Said Improvement Plans shall be and are incorporated herein and
made a part hereof by reference.
4. That DEVELOPER will, at its own expense, construct and install all sanitary
sewers, storm drains, utilities, pumping stations, water mains and appurtenances,
fire hydrants, sidewalks, curbs and gutters, pressurized irrigation system, tiling
and piping of irrigation ditches, electrical transmission lines, natural gas lines,
D&B SUPPLY -
SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 2
telephone lines, cross drains, street, street surfacing, street signs, and barricades
as well as any and all other improvements shown on the Improvement Plans.
5. That DEVELOPER will construct and install all such improvements in strict
accordance with filed and approved Improvement Plans, and the City Standard
Engineering Drawings and Standard Engineering Specifications current and in
effect at the time the construction of said improvements is accomplished, or as
otherwise agreed between the DEVELOPER and the CITY if the standards and
specifications are more restrictive and onerous at the time of construction than at
the time of execution of this Agreement.
6. That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what portion, or portions, of said
improvements he intends to complete and the time schedule therefor; and agrees
to make such modifications and/or construct any temporary facilities necessitated
by such phased construction work as shall be required and approved by the City
Engineer.
7. That DEVELOPER will have "corrected" original drawings of the Improvement
Plans of all said improvements prepared by a Registered Professional Engineer
and will provide the CITY with said Plans or a duplicate mylar copy of said
Plans. The Improvement Plans of the proposed improvements shall be
"corrected" to show the actual constructed location (both horizontally and
vertically) of the various water and sewer lines, all utility lines, tiled and piped
irrigation ditches, and pressurized irrigation lines and their individual building
service lines, sidewalk, curb and gutter alignment and grades, etc. The corrected
Improvement Plans shall include a "Certification" thereon, signed by the
Registered Professional Engineer in charge of the work, that said Plans of the
various improvements are true and correct and that he (the Registered Professional
Engineer) has inspected the construction of the various improvements (water lines,
sanitary sewer lines, pressurized imgation lines, piped and tiled irrigation ditches,
gas lines, electricity lines, storm drain lines, sidewalks, curb and gutter, street
paving, etc.) and that the materials for and the installation of the same were all
done in conformance with the applicable City Standard Engineering Drawings and
Standard Engineering Specifications governing the construction of these facilities.
8. That DEVELOPER shall, immediately upon the completion of any such
constructed portion, portions, or the entirety of said development, notify the City
Engineer and request his inspection and written acceptance of such completed
improvements or portion thereof.
9. That DEVELOPER agrees, upon a finding by the City Council, duly entered in
the official minutes of the proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need to be completed in the interest
of the health, welfare and/or safety of the inhabitants of the CITY, the
DEVELOPER will thereupon, within a reasonable time, construct said needed
D&B SUPPLY -
SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 3
• •
improvements, or, if he does not so construct within a reasonable time after
written notification of such Council action, and the CITY thereafter determines
to construct, and does construct such improvement, or improvements, the
DEVELOPER will pay to the CITY the cost of such construction, in such manner
and under such terms as the CITY shall order after conference with the
DEVELOPER. Provided, however, the City Council shall not make the finding
set forth in this paragraph except at a regular or special meeting of the City
Council and unless the DEVELOPER has been notified in writing of the time and
place of such meeting at least three (3) days prior thereto and has been given an
opportunity to be present in person or by counsel, and to be heard on the merits
of the proposed finding.
10. That DEVELOPER agrees that upon its having received written notification from
the City Engineer, that any of the requirements herein specified have not been
complied with, that the CITY shall have the right to withhold the issuance of any
Certificates of Occupancy within such annexed area and/or shall have the right to
withhold the providing of culinary water service to any part, parcel, or portion of
such annexed area until such time as all requirements specified herein have been
complied with; provided, however, the DEVELOPER shall have the right to
appear before the City Council at any regular meeting after any Certificate of
Occupancy or any water service shall have been withheld for reasons set forth in
this paragraph, and shall have the right to be heard as to why such Certificate of
Occupancy should be issued or water service allowed. The Council shall then
decide whether said Certificate of Occupancy shall be issued or water service to
said property allowed, and its decision shall be final, except that the rights of the
parties are preserved at law and equity.
11. DEVELOPER agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, within ten (10) days
written notice to DEVELOPER, install the improvements and declare the entire
cost of said improvements to be immediately due and payable and may seek to
collect such sums in the manner provided by law, may foreclose any security
posted as allowed under Paragraph 9. above, or may pursue any other remedy set
forth herein or as may be available in law or equity. In the event of such
declaration, all sums due shall bear interest at the prime interest rate of First
Security Bank of Idaho, plus five percent (5 %) per annum, until paid.
12. The CITY shall also require surety bonds, irrevocable letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian, to insure the
installation of the improvements, and the DEVELOPER agrees to provide such
prior to issuance of a Certificate of Occupancy.
13. That DEVELOPER agrees that those portions of the water main or the sanitary
sewer line, for which the CITY has expressly agreed to enter into a late comers
agreement, if any, for including any water or sewer line extensions, increased line
D&B SUPPLY -
SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 4
• •
size or capacity, are required because of future service needs originating from
properties not owned by DEVELOPER and located within the vicinity of the
subject development; that sound planning requires construction thereof at the
present time in order to accommodate future expansion and development. In
recognition of the cost savings which can be accomplished by construction of such
excess capacity and/or improvements concurrently with the facilities to be
constructed for DEVELOPER's purposes, and the impracticality or impossibility
of constructing such excess capacity and/or improvements separately or at a later
time, DEVELOPER agrees to design and construct such facilities subject to the
CITY's agreement to enter into a late comers agreement to reimburse
DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER
agrees to obtain three independent bona fide bids for the performance of such
work from qualified and responsible contractors and shall deliver copies of such
bids to the CITY prior to the commencement of such work. Such bids shall be
solicited and itemized in a manner which allows clear and specific identification
of that portion of the construction work for which the CITY may possibly agree
to enter into a late comers agreement. The CITY's obligation to enter into a late
comers agreement to help DEVELOPER to pay for such casts shall be limited to
the lowest of such bids irrespective of whether the lowest bidder is in fact selected
by DEVELOPER to perform the work.
14. That DEVELOPER agrees that no Certificates of Occ~ancv will be issued until
all improvements are completed, unless the CITY and the DEVELOPER have
entered into an addendum agreement stating when the improvements will be
completed in a phased development; in any event, no Certificates of Occupa~
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
15. That DEVELOPER agrees, in recognition of the unique and peculiar
circumstances relative to this development, to the special conditions set forth in
Exhibit "B" attached hereto and by this reference made a part hereof.
16. That DEVELOPER agrees that any notice required by this Agreement shall be
deemed delivered if and when personally delivered or deposited in the United
States mail, registered or certified mail, postage prepaid, return receipt requested,
addressed as follows:
CITY of Meridian: DEVELOPER:
City Engineer Schrandt Family Partnership
City of Meridian 3303 East Linden
33 East Idaho Caldwell, ID 83605
Meridian, ID 83642 Dick Schrandt, General Partner
A party shall have the right to change its address by delivering to the other party
a written notification thereof in accordance with the requirements of this Section.
The parties may at any time hereafter modify or amend this Agreement by a
D&B SUPPLY -
SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page S
• •
subsequent written agreement executed by the parties. This Agreement shall not,
however, be changed orally, nor shall it be deemed modified in any way by the
act of any of the parties hereto. Nothing herein is intended, nor shall it be
construed, as obligating a party to agree to any modification to this Agreement.
17. That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
18. All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER's heirs, successors or assigns.
19. This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
20. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian
and the property shall be subject to de-annexation if the owner or his assigns,
heirs, or successors shall not meet the conditions contained in the Findings of Fact
and Conclusions of Law, this Development Agreement, the Ordinances of the
CITY of Meridian, and the Comprehensive Plan of the City of Meridian which
was approved and adopted on January 4, 1994.
DATED the date, month and year first appearing.
DEVELOPER:
SCHRANDT FAMILY PARTNERSHIP
By
Dick Schrandt, Gene al Partner
CITY OF MERIDIAN
~,a ~;~ ~~ °~"' G ~a '~a;i~ Grant P. Kingsford, Mayor
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~~` ~~''~` ~ 1 ~ ~ ~ ` William G. Ber Jr. Ci Cl k
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D&B SUPPLY -
SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 6
• •
STATE OF IDAHO )
County of Ada
ss.
On this 8 day of N o ~ e ~ ~° ~ r 1994, before me, the undersigned, a Notary
Public in and for said State, personally appeared Dick Schrandt, known, or proved to me, to be
the general partner of the Schrandt Family Partnership and the partner who subscribed said
partnership name to the foregoing instrument, and acknowledged to me that he executed the same
in said partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
f~ ~ P` _. ~ ~, ~.aw
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(SEAL) _
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.a, ,SeY`
STATE OF IDAHO )
County of Ada
ss.
On this _~_ day of N ov a w. b e v 1994, before me, the undersigned, a Notary
Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G.
BERG, JR. , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian
that executed this instrument and the persons who executed the said instrument on behalf of said
corporation, and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
`, ..
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(SEAL) ~ ~ ~ ~ ~^ ~ °~ \ '
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D&B SUPPLY -
SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 7
`J`~ ENGI/yF 9 • •
F
~.: RUBBLE ENGINEERING, INC.
\9~ G ~~l 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 208/378-0329
Project No. 94075
~xH~~ii ~,~„
ANNEXATION DESCRIPTION
LOTS 8-17, PLEASANT
VALLEY SUBDIVISION
June 23, 1994
A portion of the North half of the NW 1 /4 of the NW 1 /4 of Section 8, T.3N.,
R.1 E., B.M., Ada County, Idaho, more particularly described as follows: BEGINNING at
the corner common to Sections 5, 6, 7, and 8, T.3N., R.1 E., B.M.,
thence South 89°58'57" East, ]037.97 feet along the North boundary of said
Section 8 to a point;
thence South 00°23'22" West and along the Easterly boundary of Lot 8 of Pleasant
Valley Subdivision, as same is recorded in Book 12 of Plats, at Page 665, records of Ada
County, Idaho, a distance of 455.00 feet to a point in the center of Wilson Lane;
thence along the center of Wilson Lane North 89°58'56" West, 1038.44 feet to a
point on the West boundary of said Section 8 and the center of Locust Grove Road;
thence along said West boundary North 00°26'54" East, 455.00 feet to the point
of beginning. Containing 10.84 acres, more or less.
Prepared by:
RUBBLE ENG~id~RING, INC.
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DTP/mf/584.des D. Terry Peugh, P.L.S.
• •
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
SCHRANDT FAMILY PARTNERSHIP
1. DEVELOPER shall develop the property described in Exhibit "A" under the Conditional
Use Permit process of the City of Meridian.
2. DEVELOPER acknowledges and agrees that it will be required to submit to the CITY
an application for Conditional Use pursuant to §11-2-418 of the Meridian Zoning and
Development Ordinance, and obtain the CITY's approval thereof, prior to, and as a
condition of, the commencement of construction of any buildings or improvements on the
Subject Property intended for retail use or other uses, it being acknowledged that
DEVELOPER has submitted an application for a Conditional Use Permit for the D&B
Supply Store, which application has been approved subject to the execution of this
Development Agreement and the annexation of the Subject Property.
3. DEVELOPER agrees to comply with the requirements of the Meridian Police
Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway
District (hereafter "ACHD"), Central District Health Department and the Nampa-
Meridian Irrigation District.
4. DEVELOPER covenants and agrees that, in connection with the development of the
Subject Property as may be approved by the CITY pursuant to Conditional Use
Applications filed by DEVELOPER, DEVELOPER shall, at its cost and expense, do and
perform the following, it being acknowledged that the performance by DEVELOPER of
the following obligations which involve construction on or alteration of the Subject
Property will be performed and completed by DEVELOPER at such time as the
portion(s) of the Subject Property upon which construction or alteration is located is
developed by DEVELOPER, unless otherwise provided hereafter:
a. Berming -Fairview Avenue. Construct a berm within the Subject Property along
the full length of the Subject Property adjacent to the south right-of-way line of
Fairview Avenue ("Fairview Avenue Berm"). The Fairview Avenue Berm shall
be a minimum of twenty-five feet (25') in width and will range in height above
the grade of the adjacent parking area from two feet (2') to four feet (4'). The
Fairview Avenue Berm will be landscaped and sprinkler irrigated in accordance
with a landscape plan to be submitted by DEVELOPER and approved by the
CITY as part of a Conditional Use Application for any development proposed by
DEVELOPER.
EXHIBIT "B"
D&B SUPPLY -
SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 1 of 4
•
connection with a specific Conditional Use Permit issued by the CITY with
respect to the development of the Subject Property.
p. r n' All outdoor storage of equipment and materials shall be adequately
screened with alight-obscuring fence as approved by the City of Meridian.
q. Li.~Lg. All lighting shall be designed to prevent glare from spilling over to
adjacent residential property.
r. Protection of Adiacent Proper During Construction. The DEVELOPER shall
prevent all construction debris from migrating to adjacent properties during
construction; if the CITY determines that this section of the Agreement is not
being met, the CITY shall order the DEVELOPER to erect a temporary or
permanent fence within ten (10) days of written notification to the DEVELOPER
to contain construction debris.
s. Payment of Impact Fees. Pay, in accordance with an ordinance of the City of
Meridian in effect at the time of the application by DEVELOPER for a building
permit, impact fees, transfer fees (if applicable), development fees, or similar fees
or assessments which may be imposed upon, or by reasan of, the development of
the Subject Property, based on the uses to be developed on the Subject Property.
DEVELOPER acknowledges that at the date of this Agreement, the CITY does
not have in force and effect an ordinance requiring the payment of such fees, but
has under consideration such an ordinance. DEVELOPER waives the right, if
any, to object to the imposition of such fees on the grounds that the Subject
Property was annexed and zoned prior to the adoption of such an ordinance.
a ~ )
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EXHIBIT "B"
D&B SUPPLY -
SCHRANDT FAMILY PARTNERSHIP DEVELOPMENT AGREEMENT Page 4 of 4
•
•
MERIDIAN CITY COUNCIL MEETING: November 1 1884
APPLICANT: NEB-1 COMPANY ~ DAB SUPPLY) AGENDA ITEM NUMBER:
REQUEST: CONDITIONAL USE PERMIT
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
SEE ATTACHED COMMENTS
FINDINGS OF (ACTS AND CONCLUSION OF LAW
"REVIEWED"
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
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• HUB OF TREASURE VALLEY •
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
COUNCIL MEMBERS
RONALD R. TOLSMA
MAXYERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
JIM JOHNSON
Chairman -Planning 8 Zoning
MEMORANDUM GRANT P. KINGSFORD
Mayor
TO: Planning & Zoning, CCyr~on, Mayor and Council
FROM: S~s, Planning & Zoning Administrator
DATE: October 7, 1994
SUBJECT: Request for a Conditional Use Permit for D&B Supply by Neb-i Company
1. Sixty-eight (68) three-inch (3 ") caliper trees are required for the plan shown. Applicant
is to submit fully detailed landscape plan as part of the application for building permit.
2. Parking area needs to be broken up with landscaping, preferably every 100 to I50 feet.
3. Applicant should provide screening landscape strip along southern border except where
designated accesses are planned and except where necessary to provide a clear vision
triangle.
4. Five-foot (5') sidewalks are to be constructed along Fairview Avenue and Wilson Lane.
5. Storage of equipment and materials is to be adequately screened from view on all sides.
6. A total of 11 handicapped parking spaces is required. Two (2) of these require aneight-
foot (8') access aisle. These spaces must be designated with appropriate striping and
signage.
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BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
D & B SUPPLY COMPANY, INC.
CONDITIONAL USE PERMIT
NEB-i COMPANY
1885 EAST FAIRVIEW AVENUE
MERIDIAN. IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled conditional use permit application having
come on for consideration on October 11, 1994, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and the Planning and Zoning Commission
having heard and taken oral and written testimony and the Applicant
appearing through a representative, Dick Schrandt, and having duly
considered the matter, the Planning and Zoning Commission makes the
following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for October 11, 1994, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 11, 1994,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1
NEB-i - D & B SUPPLY CO.
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2. That the property is located within the City of Meridian;
that the property is in the Locust Grove District as shown on page
seven of the Meridian Comprehensive Plan and in an area classified
as a Mixed/Planned Use Development Area on the Generalized Land Use
Map; it is located on Fairview Avenue, a principal arterial
entrance to the City, and is described in the application which
description and is incorporated herein.
3. That the property was proposed in Applicant's annexation
and zoning application to be zoned C-G, General Retail and Service
Commercial, which does not require a conditional use permit to
develop a general merchandise retail store and parking lot, but the
Findings of Fact and Conclusions of Law for the annexation of the
property state in Conclusion N. 13, as a condition of annexation,
. that any use or development of the property shall only
be~allowed as a conditional use with design review";
it is likely. that the property will be zoned C-G, General Retail
and Service Commercial.
4. That the zoning of General Retail and Service Commercial,
(C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as
follows:
(C-G) General Retail and Service Commercial: The purpose of
the ( C-G ) District is to provide for commercial uses which are
customarily operated entirely or almost entirely within a
building; to provide for a review of the impact of proposed
commercial uses which are auto and 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2
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encourage clustering of commercial development.
5. That the Applicant is not the owner of record of the
property; that the owner of record is Roger C. Crandlemire and he
has authorized the conditional use application.
6. That the present use of the land is for pasture and
farmland.
7. That the proposed use by the Applicant is for a single
general merchandise retail store of approximately 50,000 square
feet which would provide merchandise in the following areas:
Lawn and Garden, Hardware and tools, Plumbing and Electrical,
Work and Casual Clothing, Toys „ Tack and Animal Health, and
Agricultural Supplies;
and an associated parking lot; that the Applicant submitted
drawings of the proposed layout of the building that is proposed to
be constructed but they were not construction drawings; they did
not show the 35 foot landscaping which was required under the
Findings of Fact and Conclusions of Law adopted by the City Council
on the annexation and zoning; that the Applicant's representative
had stated at the Planning and Zoning hearing on the annexation and
zoning that he had a problem with the comment that a 35 foot
landscape setback was required; that at the public hearing the
Applicant's representative stated that Applicant was now proposing
a 25 foot setback.
8. That at the public hearing Dick Schrandt, of D & B
Supply, the proposed user of the property, stated that there would
be more trees than shown on the submitted drawings, that there
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3
NEB-i - D & B SUPPLY CO.
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would be screening to Wilson Lane, that a development agreement had
been submitted, that they had no problem with complying with the
Meridian staff comments, that the store would be attractive, and
that he had no knowledge of what was going to be built on the four
lots to the west of the D & B Supply store. In response to a
question from Commissioner Tim Hepper he (stat that the 35 foot
landscape set back was too much land but that they would provide 25
feet. He further stated that there would be 68 3-inch caliper
trees, decorative shrubbery, landscaping across the back of the
store, and that they would improve Wilson Lane.
In response to the testimony of Tom Zabala, discussed below,
Mr. Schrandt stated that they would add to the landscape on the
south, that there would not be unlimited access to the south, that
there would be two 40 foot accesses from Wilson Lane, that
deliveries would be made during normal business hours, that it
would be a clean retail store, that they would use ~ropose
forklifts, that water runoff would be maintained on-site, that
there would be fencing and landscaping around the building, and
that they would do the screening necessary.
9. Tom Zabala testified, and submitted a written copy of his
testimony, that he was testifying on behalf of Tom and Barbara
Myall; that he had reviewed the site development plan; that
conditions should be required so that development would be done in
accordance with the Ordinances and the Comprehensive Plan; that the
landscaping on the south shown on the plans was inadequate; that
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4
NEB-i - D & B SUPPLY CO.
the lighting was bad; that trucks and vehicles would be a problem;
that he had developed a site plan and he submitted that into
evidence; that the Myall's property would probably be developed
into office or high density residential; that there should be a
condition that the south should be landscaped and there should be
protection of the property to the south that relate to noise,
refuse, lighting and debris; that there should be right-of-way
improvements that limits access to property on Wilson Street; that
there should be a five to six foot solid screen of the property to
the south; that there should be five to six foot planters for
conifer and deciduous trees; that there should be sprinklers for
the landscaping; that access to Wilson street should be limited to
two accesses; that the lights should be shielded so they do not
shine to the south; and there should be curb, gutter and sidewalk
on Wilson Street.
10. Tom Myall testified that he and his wife were the owners
of 1470 N. Locust Grove Lane, Meridian, Idaho, (which is the
property to the south of the subject property); that as commercial
development encroaches in an historically rural residential; that
the land is in a mixed-use area; that there are policies applicable
to development, specifically 5.18U, page 28, (of the Meridian
Comprehensive Plan) which states:
"Existing residential properties will be protected from
incompatible land-use development in those areas. Screening
and buffers will be incorporated into all developments
requests in this area.";
that the screening was addressed in the Findings of Fact and
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5
NEB-i - D & B SUPPLY CO.
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•
Conclusions of Law adopted on the annexation under 11-9-605 G 1.
and that requires a 20 foot planting strip next to commercial or
industrial uses to screen residential properties; that he mentioned
the following items that he stated were applicable to this
development:
11-2-413 B 1. c.,d.,f., and h.
11-2-413 C 12. a.
11-2-414 D 2. a., b., c. and d., and 3;
he stated that he had the following concern:
"That there was potential glare from the parking area lights
and the rear store security lights and potential for
contaminated water run-off from the parking area and
building.";
and stated that he had the following suggestions:
1. Landscaping, berming and fencing be increased from what
is shown on the site plan to extend the length of the
property.
2. Limit the ingress/egress points on Wilson Street to two
or three access points, one or two curb cuts at the west
end and one curb cut at the east end.
3. That drainage enter a sewer system.
4. That during construction ingress and egress to their
residence not be blocked at any time.
11. That one of the conclusions made for the annexation and
zoning was that prior to annexation and zoning of C-G, the
Applicant shall be required to enter into a development agreement
as authorized by 11-2-416 L and 11- D; the annexation and zoning
conclusions stated some of the matters that needed to be included
in the development agreement; the development agreement has not
been entered into as of the date of the conditional use hearing and
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6
NEB-i - D & B SUPPLY CO.
• •
no annexation ordinance has been adopted since the development
agreement was a condition to passage of an annexation ordinance.
12. That sewer and water is available to the property, but
the property will have to comply with the commercial sewer and
water rates.
13. That the Ada County Highway District commented that a 5-
foot wide concrete sidewalk was required along Fairview Avenue
abutting the parcel; that a minimum separation of 460 feet from the
near edge of Locust Grove Road to the westerly access point
driveway on Fairview and that driveways on Fairview Avenue must be
constructed as curb return type approaches with a minimum throat of
30-feet and a 5-foot radii; that construction of Wilson Lane must
be one-half of a 41-foot back-to-back street section with vertical
curb, plus 12-feet of paving and 5-foot concrete sidewalks along
the subject parcel, that access points on Wilson Lane shall be
clearly delineated, and Wilson Lane must be constructed from the
west end of this parcel to Locust Grove Road with 24-feet of
paving; and that an easement and public turnaround must be
constructed and provided at the east end of Wilson Lane and that
there must be coordination of the design and location with ACRD
development staff.
14. That the City Planning Director commented that 68 3-inch
caliper trees are required for the plan shown; that Applicant is to
submit fully detailed landscape plan as part of the application for
building permit; that the parking area needs to be broken up with
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7
NEB-i - D & B SUPPLY CO.
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landscaping, preferably every 100 to 150 feet; that Applicant
should provide a screening landscape strip along the southern
border except where designated accesses are planned and except
where necessary to provide clear vision triangle; that 5-foot
sidewalks are to be constructed along Fairview Avenue and Wilson
Lane; that storage of equipment and materials is to be adequately
screened from view on all sides; and a total of 11 handicapped
parking spaces is required, that two of these require an 8-foot
access aisle, and the spaces must be designated with appropriate
striping and signage.
15. That the City Engineer did not file comments on the
Conditional use Application, but if he does prior to the City
Council hearing they will be incorporated herein as if set forth in
full; that the Meridian Fire Chief commented that all codes, water
__ .
and hydrant-Tequirement_will need to be met; that the Centra
District Health Department, Nampa & Meridian and Settlers
Irrigation Districts, and Idaho Power Company submitted comments
and they are incorporated herein as if set forth in full.
16. That Fred Mack, attorney at law, representing Barbara
Myall who owns 16 acres directly south of the subject property
submitted a letter in which he stated that he had reviewed the
Application and site plans; that since the Findings of Fact and
Conclusions of Law on the annexation required disclosure of the
proposed uses, but that nothing had been disclosed about lots 14,
15, 16, and 17 and such disclosure should be required for
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8
NEB-i - D & B SUPPLY CO.
development of the entire parcel and the Applicant should not be
allowed to exclude any portion thereof; that the plans showed a
storage yard which could be used to store unsightly materials and
that there was potential for noise from service trucks entering and
departing from the rear of the store, he suggested that the
landscaping be increased to extend the full length of the rear of
the store and that landscaping be incorporated in order to shield
the Myall property from view and noise; that the site should be
limited to two ingress/egress points on of which should be a curb
cut at the west end and one at the north end near the entry gate
and that such would allow for a maximum area to be required to be
fenced, bermed and landscaped to minimize the truck noise and
unsightly appearance problems; he also suggested, to benefit the
City and the Myalls' that the Wilson Lane be extended to the end of
the dedicated roadway and not be limited to where the D & B Store
ends and that water and sewer lines should be required to be
constructed such that they would be able to serve D & B and any
future development.
17. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
given and followed.
CONCLUSIONS
1. That 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9
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within 300 feet of the external boundaries of the Applicant's
property;
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian;
3. That the Conclusions on the annexation and zoning of the
property state that the property would only be capable of being
developed as a planned commercial development, under the
conditional use permit process, with design review; therefore a
conditional use is required for development of the property, which
is what the Applicant has applied for in conformance with the
annexation conclusions.
4. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the
Revised and Compiled Ordinances of the City of Meridian, Idaho.
5. That 11-2-418(C) of the Revised and Compiled Ordinances
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; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
concludes as follows:
a. The use, would in fact, constitute a conditional use and
a conditional use permit is required by ordinance, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10
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annexation conclusions of law, and the Comprehensive Plan.
b. The use should be harmonious with and in accordance with
the Comprehensive Plan but the Findings of Fact and
Conclusions of Law on the Annexation require a conditional use
permit to allow the use.
c. The use apparently would be designed and constructed, to
be harmonious in appearance with the intended character of the
general vicinity.
d. That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses.
e. The property has sewer and water service available.
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. The use would 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 or noise.
h. That sufficient parking for the property and the proposed
use will be required.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic feature of
major importance.
6. That 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, Uniform Electrical Code, the Fire
and Life Safety Code, all parking and landscaping requirements.
7. All requirements of the Findings of Fact and Conclusions
of Law adopted for the annexation and zoning of the property and of
the annexation and zoning ordinance that will be adopted must be
met, including entering into a development agreement; that the
development agreement must meet the requirements outlined in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11
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Findings of Fact and Conclusions of Law adopted on the annexation
of the property, specifically including 25 foot landscape
requirement along Fairview Avenue, and entryway corridor to the
City of Meridian.
8. Comment was made in the letter from Mr. Mack that the
Applicant should be required to disclose the proposed uses and
intention for development for the entire parcel of property and not
be allowed to exclude any portion thereof because it was a
requirement of the annexation and zoning Findings of Fact and
Conclusions of Law that the annexation and zoning be conditioned on
the City determining what the proposed uses are and whether the
proposed uses are in conformance with the Comprehensive Plan; the
Findings of Fact and Conclusions of Law also state, ". the
property should be subject to de-annexation if the uses and lay-out
of uses are not in compliance with the Meridian Comprehensive
Plan." and ". even if some uses are revealed and those uses
are determined to be in compliance with the Comprehensive Plan, any
use or development of the property shall only be allowed as a
conditional use with design review" ; it is therefore concluded that
since the City~Council also concluded that the property should be
subject to de-annexation if the uses and lay-out of uses are not in
compliance with the Meridian Comprehensive Plan, it did not intend
to require total disclosure of all development and uses before a
single use was allowed under the conditional use process; this is
so concluded because the Council stated that the land could be de-
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12
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n
annexed if the use did not comply with the Comprehensive Plan.
9. It is further concluded that the Applicant shall meet all
of its representations made at the public hearing, shall meet the
requirements and comments of the City staff, particularly those of
Shari Stiles, and of the Nampa & Meridian and Settlers Irrigation
Districts.
10. That since the annexation and zoning Findings of Fact and
Conclusions of Law required a development agreement to be entered
into prior to an annexation and zoning ordinance being adopted,
since such development agreement has not been entered into as of
this date, and since a conditional use permit cannot be granted
until the property is annexed, the development agreement is
concluded to be a condition of a conditional use permit; the
development must also meet any requirements of a planned commercial
development.
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 HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
VOTED
VOTED
VOTED
VOTE
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13
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DECISION AND RECOI~II~IENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they 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; that no conditional use
permit should be granted until the property is annexed and zoned,
a development agreement is entered into, and all the City's
requirements have been met.
MOTION:
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14
NEB-i - D & B SUPPLY CO.
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
D & B SUPPLY COMPANY, INC.
CONDITIONAL USE PERMIT
NEB-i COMPANY
1885 EAST FAIRVIEW AVENUE
MERIDIAN, IDAHO
PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled conditional use permit application having
come on for consideration on October 11, 1994, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and the Planning and Zoning Commission
having heard and taken oral and written testimony and the Applicant
appearing through a representative, and having duly considered the
matter, the Planning and Zoning Commission makes the following
Findings of Fact and Conclusions of Law, but these Findings of Fact
and Conclusions of Law have been prepared prior to the hearing and
they may have to be amended as a result of the hearing:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two ( 2 ) consecutive weeks prior to the
said public hearing scheduled for October 11, 1994, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 11, 1994,
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1
NEB-i - D & B SUPPLY CO.
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. That the property is located within the City of Meridian;
that the property is in the Locust Grove District as shown on page
seven of the Meridian Comprehensive Plan and in an area classified
as a Mixed/Planned Use Development Area on the Generalized Land Use
Map; it is located on Fairview Avenue, a principal arterial
entrance to the City, and is described in the application which
description and is incorporated herein.
3. That the property was proposed to be zoned C-G, General
Retail and Service Commercial, in Applicant's request for
annexation and zoning, which does not require a conditional use
permit to develop a general merchandise retail store and parking
lot, but the Findings of Fact and Conclusions of Law for the
annexation of the property state in Conclusion N. 13, as a
condition of annexation, that any use or development of the
property shall only be allowed as a conditional use with design
review"; it is likely that the property will be zoned C-G, General
Retail and Service Commercial.
4. That the zoning of General Retail and Service Commercial,
(C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as
follows:
,(C-G~ General Retail and Service Commercial: The purpose of
the (C-G) District is to provide for commercial uses which are
customarily operated entirely or almost entirely within a
building; to provide for a review of the impact of proposed
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2
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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. That the Applicant is not the owner of record of the
property; that the owner of record, Roger C. Crandlemire, has
authorized the conditional use application.
6. That the present use of the land is for pasture and
farmland.
7. That the proposed use by the Applicant is for a single
general merchandise retail store of approximately 50,000 square
feet which would provide merchandise in the following areas:
Lawn and Garden, Hardware and tools, Plumbing and
Electrical, Work and Casual Clothing, Toys „ Tack and
Animal Health, and Agricultural Supplies;
and an associated parking lot; that the Applicant submitted
drawings of the proposed layout of the building that is proposed to
be constructed but they were not construction drawings; they did
not show the 35 foot landscaping which was required under the ff &
cl adopted by the City Council on the annexation and zoning; that
the Applicant's representative had stated at the Planning and
Zoning hearing on the annexation and zoning that he had a problem
with the comment that a 35 foot landscape setback was required and
the Applicant was proposing a 15 foot setback as required in the
Zoning Ordinance; that the 35 foot setback is a Comprehensive Plan
goal for the entryway corridors to the City, of which Fairview
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3
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Avenue is such; that the drawing only shows a 12.5 foot set back
which is contrary to even what was represented would be there.
8. That one of the conclusions made for the annexation and
zoning was that prior to annexation and the zoning of C-G, the
Applicant shall be required to enter into a development agreement
as authorized by 11-2-416 L and 11- D; the annexation and zoning
conclusions stated some of the matters that needed to be included
in the development agreement; the development agreement has not
been entered into as of the date of the conditional use hearing and
no annexation has been adopted since the development agreement was
a condition to passage of an annexation ordinance.
9. That sewer and water is available to the property, but
the property will have to comply with the commercial sewer and
water rates.
10. That the City Engineer, City Planning Director, Ada
County Highway District, Central District Health Department, Nampa
& Meridian Irrigation District, Settlers Irrigation District, and
the Meridian Fire Department may submit comments and they are
incorporated herein as if set forth in full.
11. That it is likely that Fred Mack, attorney at law,
representing Barbara Myall who owns 16 acres directly south of the
subject property is likely to testify; that he did testify at the
annexation and zoning public hearing at the City Council and he
basically testified that the action the City takes on the
annexation and zoning application may have a long term effect on
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4
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the City's approval of a concept of development for an area in
excess of 35 acres; that other properties in the area would be
substantially effected and that it was in best interest of Meridian
to consider putting off the application; that development of this
property at this time will create strip development which is
contrary to the goals of Meridian's Comprehensive Plan; that the
property is not deep enough to allow multi-stacked commercial
developments; that if the City is going to look at how the land
ought to be developed the City needs to consider all of the other
properties that are there; that the only logical thing to do is to
consider doing planning in tandem with some kind of a cluster
development; that there has been no concept plan for development of
the entire area.
It is also likely that he would testify to the following since
he did such at the annexation and zoning hearing before the City
Council; that there has been a court decision in Ada County where
the Judge ruled that action by a city to annex and then to zone the
parcel commercial is quasi judicial; that if that is true the
City's protection of a conditional use permit could be put in
jeopardy; that it was his concern that if the City acts on this, it
grants to the Applicant a commercial development which he can do
with as he desires, and if Judge Schroeder is right, the City loses
control over the Applicant.
12. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5
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given and followed.
CONCLUSIONS
•
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property;
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian;
3. That the Conclusions on the annexation and zoning of the
property state that the property would only be capable of being
developed as a planned commercial development and under the
conditional use permit process; therefore a conditional use is
required for development of the property, which is what the
Applicant has applied for in conformance with the annexation
conclusions.
4. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the
Revised and Compiled Ordinances of the City of Meridian, Idaho.
5. That 11-2-418(0) of the Revised and Compiled Ordinances
of the City of Meridian sets forth the standards under which the
Planning and Zoning Commission and the City Council shall review
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6
NEB-i - D & B SUPPLY CO.
•
applications for Conditional Use Permits; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
concludes as follows:
a. The use, would in fact, constitute a conditional use and
a conditional use permit is required by ordinance and the
annexation conclusions of law.
b. The use should be harmonious with and in accordance with
the Comprehensive Plan but the Findings of Fact and
Conclusions of Law on the Annexation require a conditional use
permit to allow the use.
c. The use apparently would be designed and constructed, to
be harmonious in appearance with the intended character of the
general vicinity.
d. That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses.
e. The property has sewer and water service available.
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. The use would 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 or noise.
h. That sufficient parking for the property and the proposed
use will be required.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic feature of
major importance.
6. That 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, Uniform Electrical Code, the Fire
and Life Safety Code, all parking and landscaping requirements.
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7
NEB-i - D & B SUPPLY CO.
7. All requirements of the Findings of Fact and Conclusions
of Law adopted for the annexation and zoning of the property and of
the annexation and zoning ordinance that will be adopted must be
met, including entering into a development agreement; that the
development agreement must meet the requirements out lined in the
Findings of Fact and Conclusions of Law adopted on the annexation
of the property, specifically including the 35 foot landscape
requirement along Fairview Avenue, and entryway corridor to the
City of Meridian.
APPROVAL OF FINDINC,~S OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
NEB-i - D & B SUPPLY CO.
VOTED
VOTED
VOTED
VOTED
VOTED
Page 8
•
DECISION AND RECOI~II~IENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they 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; that not conditional use
permit be granted until the property is annexed and zoned and all
the City's requirements have been met.
MOTION:
APPROVED:
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9
NEB-i - D & B SUPPLY CO.
•
•
HUB OF TREASURE VALLEY
OFFICIALS
A Good Place to Live COUNCIL MEMBERS
WILLIAM G. BERG, JR., Clty Clerk RONALD R. TOLSMA
W
S CITY ®F MERIDIAN aBERT D ICORRIE
eer
P.E. City Eng
GARY D. SM TH WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, waste water st,pt. 33 EAST IDAHO SHARI STILES
KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner 8 Zoning Administrator
W.L. "BILL" GORDON, Police Chief JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman • Planning & Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning ~ Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by:s?ctober 4, 1994
TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94
REQUEST: Conditional Use Permit for D ~ B SuR~ly •
BY: _ NEB-i Company
LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue
JIM JOHNSON, P2
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P2
TIM HEPPER, P/Z
-GRANT KINGSFORD, MAYOR
-RONALD TOLSMA, C/C
-BOB CORRIE, C/C
-WALT MORROW, C/C
_MAX YERRINGTON, C/C
-WATER DEPARTMENT
-SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
-CITY ENGINEER
CITY PLANNER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM 8t FINAL PLAT)
U.S. WEST(PRELIM 8~ FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT)
BUREAU OF R TION(PRELIM AL PI
CITY FILES _ _ _ _ ~
YOUR CONCISE
~, . ~ "~~
v .. ~.~ . ~
9~
OFFICIALS
WILLIAM G. BERG, JR., Clty Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Weter Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Flre Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888433 • FAX (208) 887813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner 8 Zoning Administrator
p JIM JOHNSON
g.~' ~' «'°" ~'' s 9 z"J ~~`uChairman • Planning & Zoning
~ ~ ~$ ~ 0 ~~`~ 6
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning 8~ Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 4, 1994
TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94
REQUEST: Conditional Use Permit for D & B SuR21y
BY: NEB-i Com a{~ny
LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P2
TIM HEPPER, P2
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
CITY PLANNER
HUB OF TREASURE VALLEY •
A Good Place to Live
CITY OF MERIDIAN
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM 8t FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM & FINAL PLAT)
CITY FILES
OTHER: ~ o~ ~ ~~
YOUR CONCISE REMARKS:
~S
•
a,
~ (~ r i 1 2 ~~w~
.. CITY OF ~~~~~r~
GLENN J. RHODES, President
SHERRY R. HUBER, Vice President
JAMES E. BRUCE, Secretary
October 11, 1994
TO:
D & B SUPPLY, INC.
3303 E. LINDEN
CALDWELL ID 83605
FROM: Karen Gallagher, Coordinator
Development Services
SUBJECT: MERIDIAN CU - 1885 E. FAIRVIEW COMMERCIAL BUILDING
Your application for the above referenced project was acted on by
the Commissioners of the Ada County Highway District on October 5,
1994. The attached staff report lists the conditions of approval
and street improvements which are required.
If you have any questions, please feel free to call me at 345-7680.
LS
cc: Development Services
Chron
M~Ii}~~N CITY
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
U
INTER-DEPARTMENT
CORRESPONDENCE
GLENN J. RHODES, President
SHERRY R. HUBER, Vice President
JAMES E. BRUCE, Secretary
TO:
D&BSUPLY.MCU/DSTECH
10-5-94
ACHD Commission
DATE: October 3, 1994
FROM:
SUBJECT:
Development Services
Meridian Conditional Use 1885 E. Fairview
Commercial
Building
(Applicant - D & B Supply, Inc., 3303 E. Linden, Caldwell,
ID 83605
(Representative - Same)
FACTS & FINDINGS•
1. D & B Supply is seeking conditional use approval to construct
a 50,000 sq.ft. general merchandise store on property located
on the south side. of Fairview approximately 400-feet east of
Locust Grove. There are no new public streets planned.
2. GENERAL INFORMATION:
ACRES - 5.4 SQUARE FEET OF PROJECTED BUILDING - 50,000
ZONING - Commercial - C-G
ESTIMATED VEHICLE TRIPS PER DAY - 3000
TRAFFIC ANALYSIS ZONE - 266
L.F. OF FRONTAGE ON Fairview Avenue - 607-feet
MOST RECENT TRAFFIC COUNTS - Date - 1994 Volume - 10,192
FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Principal Arterial
ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route
EXISTING RIGHT-OF-WAY - 100-feet
37.4-feet south of section line
53.4-feet south of centerline
REQUIRED RIGHT-OF-WAY - No new right-of-way required
Fairview Avenue is improved with 80-feet of pavement. The
center line and section line are not the same.
L.F. OF FRONTAGE ON Wilson Lane - 608-feet
MOST RECENT TRAFFIC COUNTS - None available
FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
Meridian Conditi~l Use 1885 E. Fairview D & B Supply Store
October 3, 1994
Page 2
ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown
EXISTING RIGHT-OF-WAY - 60-feet
REQUIRED RIGHT-OF-WAY - No additional right-of-way required
Wilson Lane is a gravel roadway.
IMPACT FEE BENEFIT ZONE - West Ada
IMPACT FEE ASSESSMENT DISTRICT - Western Cities
3. Wilson Lane is located at the property's southern boundary.
Staff recommends Wilson Lane be constructed as a 41-foot back-
to-back street section with vertical curb, plus 12-feet of
paving and 5-foot sidewalks along the parcel being developed.
Wilson Lane shall be improved with 24-feet of paving from the
west end of this development to Locust Grove. Full roadway
improvements will be required when the parcel to the west of
the subject parcel is developed. The developer shall provide
an easement for and construct a temporary public turnaround to
ACHD standards on the east end of Wilson Lane. It is antici-
pated that the turnaround will not be needed when Wilson Lane
is extended to the east. Staff recommends the access points
to Wilson Lane be clearly defined.
4. Two access points to Fairview Avenue are shown on the submit-
ted site plan. The first full access driveway shall be a
minimum distance of 460-feet east of the existing edge of
pavement on Locust Grove. The submitted site plan appears to
comply with this requirement. A minimum separation of 125-
feet will be required between driveways.
5. This application is scheduled for public hearing by the Meridi-
an Planning & Zoning Commission on October 11, 1994.
SITE SPECIFIC REQUIREMENTS:
1. Construct 5-foot wide concrete sidewalk on Fairview Avenue
abutting parcel. Coordinate location with District Staff.
2. Maintain a minimum separation of 460-feet from the near edge
of Locust Grove to the westerly access point driveway on
Fairview. Construct the driveways on Fairview as curb return
type approaches with a minimum throat width of 30-feet, and
15-foot radii.
3. Construct Wilson Lane to one-half of a 41-foot back-to-back.
street section with vertical curb, plus 12-feet of paving and
5-foot concrete sidewalks along the subject parcel. The ac-
cess points on Wilson Lane shall be clearly delineated. Con-
struct Wilson Lane from the west end of this parcel to Locust
Grove with 24-feet of paving.
Meridian Conditi~l Use 1885 E. Fairview: D & B Supply Store
October 3, 1994
Page 3
4. Construct and provide an easement for, a public turnaround on
the east end of Wilson Lane. Coordinate the design and loca-
tion with District Development Services Staff.
STANDARD REQUIREMENTS:
1. Street and drainage improvements required in the public right-
of-way shall be designed and constructed in conformance with
District standards and policies.
2. Dedicated streets and drainage systems shall be designed and
constructed in conformance with District standards and poli-
cies.
3. Specifications, land surveys, reports, plats, drawings, plans,
design information and calculations presented to ACRD shall be
sealed, signed and dated by a Registered Professional Engineer
or Professional Land Surveyor, in compliance with Idaho Code,
Section 54-1215.
4. Provide written approval from the appropriate irriga-
tion/drainage district authorizing storm runoff into their
system.
5. Locate obstructions (utility facilities, irrigation and drain-
age appurtenances, etc.) outside of the proposed street im-
provements. Authorization for relocations shall be obtained
from the appropriate entity.
6. Continue existing irrigation and drainage systems across par-
cel.
7. Submit three sets of street construction plans to the District
for review and appropriate action.
8. Submit site drainage plans and calculations for review and
appropriate action by ACRD. The proposed drainage system
shall conform to the requirements of Meridian and shall retain
all storm water on-site.
Public street drainage facilities shall be located in the
public right-of-way or in a drainage easement set aside specif-
ically for that use. There shall be no trees, fences, bushes,
sheds, or other valuable amenities placed in said easement.
Drainage easements and their use restrictions shall be noted
on the plat.
9. Provide design data for proposed access to public streets for
review and appropriate actior. by ACRD.
Meridian Conditi~l Use 1885 E. Fairview. D & B Supply Store
October 3, 1994
Page 4
10. Locate driveway curb cuts a minimum of 5-feet from the side
lot property lines when the driveways are not being shared
with the adjacent property.
11. Developer shall provide the District with a copy of the record-
ed plat prior to the installation of street name signs.
Street signs will not be ordered until all fees have been paid
and a copy of the recorded plat has been provided to ACRD
staff. The copy of the recorded plat shall show the recording
information as inscribed by the Deputy County Recorder.
12. Install a stop sign on every unsignalized approach of a
project street to an intersection involving a collector or
arterial as the cross-street. The stop sign shall be in-
stalled when the project street is first accessible to the
motoring public.
13. A right-of-way permit must be obtained from ACRD for all
street and utility construction within the public right-of-
way. Contact Construction Services at 345-7667 (with zoning
file number) for details.
14. A request for modification, variance or waiver of any require-
ment or policy outlined herein shall be made, in writing, to
the Manager of Engineering Services within 15 calendar days of
the original Commission action. The request shall include a
statement explaining why such a requirement would result in
substantial hardship or inequity.
Should you have any questions or comments, please contact the
Development Services Division at 345-7662.
STAFF SUBMITTING: DATE OF COMMISSION APPROVAL:
xaren Gallagher OCT 0 5 1994
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~~LENN J. RHODES, President
SHERRY R. HUBER, Vice President
JAMES E. BRUCE, Secretary
TO: ACHD Commission
INTER-DEPARTMENT
CORRESPONDENCE
D&BSUPLY.MCU/DSTECH
10-5-94
DATE: September 29, 1994
FROM: Development Services
SUBJECT: Meridian Conditional Use
1885 E. Fairview Commercial
Building
(Applicant - D & B Supply, Inc., 3303 E. Linden, Caldwell,
ID 83605
(Representative - Same)
PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION
FACTS & FINDINGS:
1. D & B Supply is seeking conditional use approval to construct
a 50,000 sq.ft. general merchandise store on property located
on the south side of Fairview approximately 400-feet east of
Locust Grove. There are no new public streets planned.
2. GENERAL INFORMATION:
ACRES - 5.4 SQUARE FEET OF PROJECTED BUILDING - 50,000
ZONING - Commercial - C-G
ESTIMATED VEHICLE TRIPS PER DAY - 3000
TRAFFIC ANALYSIS ZONE - 266
L.F. OF FRONTAGE ON Fairview Avenue - 607-feet
MOST RECENT TRAFFIC COUNTS - Date - 1994 Volume - 10,192
FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Principal Arterial
ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Route
EXISTING RIGHT-OF-WAY - 100-feet
37.4-feet south of section line
53.4-feet south of centerline
REQUIRED RIGHT-OF-WAY - No new right-of-way required
Fairview Avenue is improved with 80-feet of pavement. The
center line and section line are not the same.
L.F. OF FRONTAGE ON Wilson Lane - 608-feet
MOST RECENT TRAFFIC COUNTS - None available
FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
September 29, 19~ •
Page 2
ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown
EXISTING RIGHT-OF-WAY - 60-feet
REQUIRED RIGHT-OF-WAY - No additional right-of-way required
Wilson Lane is a gravel roadway.
IMPACT FEE BENEFIT ZONE - West Ada
IMPACT FEE ASSESSMENT DISTRICT - Western Cities
3. Wilson Lane is located at the property's southern boundary.
Staff recommends Wilson Lane be constructed as a 41-foot back-
to-back street section with vertical curb, plus 14-feet of
paving and 5-foot sidewalks. The developer shall provide an
easement for and construct a temporary public turnaround to
ACRD standards on the east end of Wilson Lane. It is antici-
pated that the turnaround will not be needed when Wilson Lane
is extended to the east. Staff recommends the access points
to Wilson Lane be clearly defined.
4. Two access points to Fairview Avenue are shown on the submit-
ted site plan. The first full access driveway shall be a
minimum distance of 46.0-feet east of the existing edge of
pavement on Locust Grove. The submitted site plan appears to
comply with this requirement. A minimum separation of 125-
feet will be required between driveways.
5. This application is scheduled for public hearing by the Meridi-
an Planning & Zoning Commission on October 11, 1994.
SITE SPECIFIC REQUIREMENTS:
1. Construct 5-foot concrete sidewalk on Fairview Avenue abutting
parcel, or provide a deposit to the Public Road Trust Fund for
the improvement.
2. Maintain a minimum separation of 460-feet from the near edge
of Locust Grove to the westerly access point driveway on
Fairview. Construct the driveways on Fairview as curb return
type approaches with a minimum throat width of 30-feet, and
15-foot radii.
3. Construct Wilson Lane to one-half of a 41-foot back-to-back
street section with vertical curb, plus 14-feet of paving and
5-foot concrete sidewalks.
4. Construct and provide an easement far, a public turnaround on
the south end of Wilson Lane. Coordinate the design with
District Development Services Staff.
September 29, 19~
Page 3
STANDARD REQUIREMENTS•
1. Street and drainage improvements required in the public right-
of-way shall be designed and constructed in conformance with
District standards and policies.
2. Dedicated streets and drainage systems shall be designed and
constructed in conformance with District standards and poli-
cies.
3. Specifications, land surveys, reports, plats, drawings, plans,
design information and calculations presented to ACFID shall be
sealed, signed and dated by a Registered Professional Engineer
or Professional Land Surveyor, in compliance with Idaho Code,
Section 54-1215.
4. Provide written approval from the appropriate irriga-
tion/drainage district authorizing storm runoff into their
system.
5. Locate obstructions (utility facilities, irrigation and drain-
age appurtenances, etc.) outside of the proposed street im-
provements. Authorization for relocations shall be obtained
from the appropriate entity.
6. Continue existing irrigation and drainage systems across par-
cel.
7. Submit three sets of street construction plans to the District
for review and appropriate action.
8. Submit site drainage plans and calculations for review and
appropriate action by ACFID. The proposed drainage system
shall conform to the requirements of Meridian and shall retain
all storm water on-site.
Public street drainage facilities shall be located in the
public right-of-way or in a drainage easement set aside specif-
ically for that use. There shall be no trees, fences, bushes,
sheds, or other valuable amenities placed in said easement.
Drainage easements and their use restrictions shall be noted
on the plat.
9. Provide design data for proposed access to public streets for
review and appropriate action by ACFID.
10. Locate driveway curb cuts a minimum of 5-feet from the side
lot property lines when the driveways are not being shared
with the adjacent property.
September 29, 19S!
Page 4
11. Developer shall provide the District with a copy of the record-
ed plat prior to the installation of street name signs.
Street signs will not be ordered until all fees have been paid
and a copy of the recorded plat has been provided to ACS
staff. The copy of the recorded plat shall show the recording
information as inscribed by the Deputy County Recorder.
12. Install a stop sign on every unsignalized approach of a
project street to an intersection involving a collector or
arterial as the cross-street. The stop sign shall be in-
stalled when the project street is first accessible to the
motoring public.
13. Aright-of-way permit must be obtained from ACID for all
street and utility construction within the public right-of-
way. Contact Construction Services at 345-7667 (with zoning
file number) for details.
14. A request for modification, variance or waiver of any require-
ment or policy outlined herein shall be made, in writing, to
the Manager of Engineering Services within 15 calendar days of
the original Commission action. The request shall include a
statement explaining why such a requirement would result in
substantial hardship or inequity.
Should you have any questions or comments, please contact the
Development Services Division at 345-7662.
STAFF SUBMITTING:
DATE OF COMMISSION APPROVAL:
Karen Gallagher
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SEP 29 '94 12 30 FP. CITY OF MEP.IDIAN 200 007 4013 TO 5457650
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CENTRAL
•• DISTRICT
HEALTH
DEPARTMENT
Rezone #
REVIEW SHEET
Environmental Health Division ~~~~~~~
ocT o 5 ~ss~
Return to:
^ Boise
^ Eagle
CY~ ~' (~@- I'~if:ii~11~1i~~1 ^ Garden city
Conditional Use #
'P S' ~if7,e vac=z•J
Preliminary /Final /Short Plat
~'leridian
^ Kuna
^ Acz
^ I. We have Objections to this Proposal.
^ 2. We recommend Denial of this Proposal.
^ 3. Specific knowledge as to the exact type. of use must be provided before we can comment on this Proposal.
^ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
^ high seasonal ground water
^ solid lava from original grade
^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers:
^ 2 feet
^ 4 feet
,~ 7. After written approval from appropriate entities are submitted, we can approve this proposal for:
,~ central sewage ^ community sewage system ^ community water well
^ interim sewage ,~+ central water
^ individual sewage ^ individual water
^ 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
9. Street Runoff is not to create a mosquito breeding problem.
^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
^ I I.
^ 12.
13.
If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
We will require plans be submitted for a plan review for any:
^ food establishment ^ swimming pools or spas ^ child care center
^ beverage establishment ^ grocery store
~!'bdN~ G./~'~ Crtn1 13E kS ~n-~(v-~ A-9 S Fe>~' 8~'a-"~ Date: ~/ ~ /~~
Reviewed By:
[DND 10/91 rcb, rev. II/93 jll
CENTRAL ~ .
~~ ~w "~UISTRICT
..~~I ~
D E PA R T M E N T MAIN OFFICE • 707 N. ARMSTRONG Pl. • BOISE. ID. 83104 • (208) 315-5211 • FAX: 327.8
To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment.
STORMWATER MANAGEMENT RECOMMENDATIONS
We recommend that the first one half inch of stormwater be
pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality. The engineers and architects involved with the design of
this project should obtain current best management practices for
stormwater disposal and design a stormwater management system that
is preventing groundwater and surface water degradation. Manuals
that could be used for guidance are:
1) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of
Washington Department of Ecology, February 1992
2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE
DRAINAGE MANAGEMENT
3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK
Prepared by Camp Dresser and McBee, Larry Walker Assoc., Uribe
and Assoc., Resources Planning Assoc., for the Stormwater ,
Quality Task Force
4) URBAN STORM DRAINAGE CRITERIA MANIIAL
Volume 3, Best Management Practices
Stormwater Quality
Urban Drainage and Flood Control District, Denver, Colorado
Serving Valley, Elmore, Boise, and Ada Counties
Ada ! Soi» Candy O(Ike VYIC Sass • Meridlon EUnore County OIAes mate Court/ GiBa VaSey Coudp OISa
701 N. Amurtong p. 1606 Roberts 520E 8th Sheet N. of 6rriomnerdal Hearth P.Q. 8oz 1448
gore. ID..83704 Boise. ID. Mountain dome. ID. 190 S. am Street E McCd. ~. 83638
Enriro. t{eatlh: 327-7499 83705 Ph. 334J355 83647 Ptt. 5B7-da07 Maam~t tfane. iD. Ph.63d-719d
Fact/ Plannirxx 321-1400 324 Meridian. ID. 83617 Fh. 581.9225
lmrrnnr¢atpnc 321.7450 83642 Ph. 888525
Nutriti0rt: 327-7460
WIC:321-7488
•
HUB OF TREASURE VALLEY
OFFICIALS A Good Place to Live
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer CITY OF MERIDIAN
GARY D. SMITH, P.E. Clty Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water si,pt.
33 EAST IDAHO
KENNY W. BOWERS, Fire Chlef
W.L. "BILL" GORDON, Pollee Chlef MERIDIAN, IDAHO 83642
r~ ~~ (~ ~ ~ //~
"
WAYNE G. CROOKSTON, JR., Attorney D
Phone (208) 888.4433 • FAX (208) 887813 ()
~ t- ~Vj~
Public Works/Building Department (208) 887-2211
[~ ane~
1 ~ ~ ~
IJ
~
GRANT P. KINGSFORD
r
J
Mayor
NAMf~A & ~/iERIDIAN
I~,i~iUATIUtV UI~TRiCT
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SMART STILES
Planner 3 Zoning Administrator
JIM JOHNSON
Chairman -Planning & Zoning
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning 8: Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 4. 1994
TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94
REQUEST: Conditional Use Permit for D 8< B SuRRIy -
BY: NEB-i ComEany
LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
_MAX YERRINGTON, C/C
-WATER DEPARTMENT
-SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
-POLICE DEPARTMENT
CITY ATTORNEY
CITY ENGINEER
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
~NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM 8 FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM 81 FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS: A 1 atera s an waste ways
must be protected. Municipal surface drainage must
be retained on site. If any surface drainage eaves
e site, Nampa & Meridian Irrigation District must
-CITY PLANNER review drainage plans. It is recommended that
irrl.~~r_~nn c,arar ha marla ara;lahlP o all developments within this District.
Nampa & Meridian Irr;gat;on District requires that a Land Use Change/Site
Development a~plica ;nn ha filed for review prior to final nla ;ng ('ontacr
Donna Moore at 343-1884 or 466-7861 for further information.
Bill Henson, Assistant Water. Superintendent
Nampa & Meridian Irrigation District ~~~~~z~D
sEP ~ s ~ss~
CITY OF 1~4ERIDIAN
SE~LERS' IRRIGATION DIST~T
P.O. BOX 7571 • BOISE, IDAHO 8370
PHONE 344-2471
RECEIVED
SEP201994
c~rv or~ l~t~{1D1ATd
September 19, 1994
`'
City of Meridian
Planning & Zoning
33 E Idaho Street
Meridian, Idaho 83642
Re: Proposed D & B Supply Company Outlet located in Pleasant Valley Subdivision
To Whom It May Concern:
The above referenced project will impact the Highline #481ateral of the Settlers Irrigation
District. This lateral runs pazallel to and on the south side of Fairview Avenue, past the
proposed development, and carries water to homeowners in the Doris subdivision.
Mr. Eugene Beck, who is a homeowner in the Doris subdivision, is the contact person for
the Highline lateral. Approval of any changes to the lateral will have to be authorized by
Mr. Beck. His address is 1872 E. Carol Street, Meridian, Idaho 83642.
We would appreciate reviewing the plans for piping the lateral prior to construction.
If you have any question, please phone me at 344-2471.
Sincerely,
~~ ~J
Troy L. Upshaw, Manager
Settlers Irrigation District
ce: Mr. Eugene Beck
•
HUB OF TREASURE VALLEY
OFFICIALS
A Good Place to Live COUNCIL MEMBERS
RONALD R. TOLSMA
WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON
JANICE L. GASS, Clty Treasurer CITY OF MERIDIAN ROBERT D. CORRIE
GARY D. SMITH, P.E. Clly Engineer WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
s
t
33 EAST IDAHO SHARI STILES
up
.
JOHN T. SHAWCROFT, Waste water Planner a Zoning Administrator
KENNY W. BOWERS, Flre Chlel MERIDIAN, IDAHO 83642
W.L. "BILL" GORDON, Police Chief JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (206) 887-4813 Chairman • Planning 8 Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WTTIi THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning ~ Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: October 4. 1994
TRANSMITTAL DATE: 9/16/94 HEARING DATE: 10/11/94
REQUEST:_Conditional Use Permit for D S~ B SupQlx
BY: NEB-i Company
LOCATION OF PROPERTY OR PROJECT: 1885 East Fairview Avenue
JIM JOHNSON, P/Z
MOE ALIDJANI, P2
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
WALT MORROW, C/C
MAX YERRINGTON, C/C .
WATER DEPARTMENT
SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
POLICE DEPARTMENT
MERIDIAN SCHOOL DISTRICT
MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT)
ADA COUNTY HIGHWAY DISTRICT
ADA PLANNING ASSOCIATION
CENTRAL DISTRICT HEALTH
NAMPA MERIDIAN IRRIGATION DISTRICT
SETTLERS IRRIGATION DISTRICT
IDAHO POWER CO.(PRELIM & FINAL PLAT)
U.S. WEST(PRELIM 8 FINAL PLAT)
INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT)
BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
We require a permanent 10-foot wide public utilities
easement along all lots adjacent to a road right-of-way
dedicated to public or private use.
~ r 'ia
Tim Adams terns ~~ ~; ~ ~ ~"v: ~t
Idaho Power '~
322-2047 °- -Zo- qw ~~~ OF .~~~~~~~'~, s
10/06/94 14:26 '8`208 343 8869 HOLLAND & HART
•
HOLLAND & HART
ATTORNEYS A7' 11t'W
OEM/ER
DENVER TECH CENTER
COLORADO SPRINGS
ASPEN
BILLINGS
BOISE
CHEYENNE
1ACKSON
SALT TAKE CITY
WASHINGTON, O.C,
Shari Stiles
City of Meridian
Planning and Zoning
33 East Idaho Avenue
Meridian, Idaho 83642
SURE 1400
WEST ONE PUZA
BOISE, Il7AH0 83)02.7711
MNUNG AOORESS
P.O. BOX 2527
BOISE, IDAHO 83701-2527
October 5, 1994
TELEPHONE 1208) 312.5000
FACSIMILE (2081343-8869
J. FR~DElilCK MApC
{208) 342.5000
~~~~~~~'~.9
O C T 0 6 ~~54
C11~Y yr r~~~:,r~-ii3~t-1,"~i
@1002/003
RE: NEB-i Company Application for Annexation and Zoning
Dear Shari:
As you know, I represent Barbara Myall. Barbara owns
the parcel of property which is 16 acres directly south of
Mr. Crandlemire's property and which stands to be affected by
the proposed development of that property.
After reviewing the latest application and site plans
for the proposed development, I would request that Meridian
Planning and Zoning consider the following:
1. The Findings of Fact and Conclusions of Law
resulting from the August 16, 1994 meeting require
the applicant to disclose what the proposed uses
and intention for development are for the property
to be developed (see items 12 and 13). The present
application and site plans fail to include lots 14,
15, 16, and 17. Applicants should be required to
disclose the proposed use and intention for
development for the entire parcel of property and
not be allowed to exclude any portion thereof.
2. The recent application and site plans show a
proposal for a D & 8 Supply retail store, which
includes a storage yard. This storage yard has the
potential to be a facility to store such items as
farm implements, lumber and building supplies,
tires, refuse storage cans and bins and other such
unsitely materials. Additionally, there is a
potential for noise from service trucks entering
and departing from the rear of the store site.
OCT 06 '94 14 25 208 343 8869 PAGE.02
10/06/94 14:27
'208 343 8869
•
October 6, 1994
Page 2
•
In order to minimize the adverse affect which will be
created from this retail site on any development of my
client's property, I suggest the following be required:
~ 003/003
- that the landscaping be increased from what is
shown on the site plan to extend the full length of the
rear of the retail site and that appropriate fencing,
berming and landscaping be incorporated in order to
shield my client's property from the view and the noise.
- that the site be limited to 2 ingress/egress points
from the service lane onto Wilson Road at the rear of
the site; one of which should be a curb cut located
immediately at the west end and one at the north end
near the entry gate to the storage area. This would
allow for a maximum area to be required to be fenced,
bermed and landscaped to minimize the truck noise and
unsitely appearance problems.
Another matter for consideration which would not only
benefit my client, but would seem to be in the best interests
of the City of Meridian as well, is to ensure that the
improvements to Wilson Road be extended to the end of the
dedicated roadway and not be limited to where the proposed D
& B Supply store ends. I think it is realistic to
anticipate, given that "for sale~~ signs continue to qo up on
surrounding properties, that development of these properties
is likely in the near future and Wilson Road access will be
necessary.
Similarly, the water and sewer lines should be required
to be such that they would not only service the D & B Supply
store, but would accommodate hook-up of future development
without tearing up pavement of access roads.
Thank you for your consideration of these concerns. If
you have any questions, please feel free to call me.
Sincerely,
HOLLAND AND HART
JFM:kg
cc: Barbara Myall
OCT 06 '94 14 26
J. Fre Brick Mack
HOLLAND & HART
208 343 8869 PAGE.03
• •
Eugene Beck
1872 East Carol Dr.
Meridian, ID 83642
Phone 208-888-4585
October 11, 1994
Meridian Planning and Zoning Commission
Meridian, ID 83642
Dear Chairman,
I~ECEIVEI3
O C T 1 1 1994
CTfY OF MF,BIDIAN
I have been designated by the Settlers' Irrigation District to be the contact
person for the homeowners in Doris Subdivision. The proposed D&B Supply
Company Outlet located in Pleasant Valley Subdivision will impact the
access of irrigation water to our subdivision. This project referred to above
will impact the Highline #481ateral of the Settlers Irrigation District. This
lateral runs parallel to and on the south side of Fairview Avenue, past the
proposed development, to the homeowners in the Doris subdivision. As users
of this irrigation water, we would like to have this access continued and the
ditch to be tiled to insure future use in our subdivision. Thank you for your
consideration of this matter.
Sincerely,
Eu e e Beck
Con act person for the Highline lateral
OUTLINE OF TESTIMONY
TOM ZABALA
/'eCe~1~~e~C ~'~G ~~
Mr. Chairman, members of the Commission, my name is Thomas M. Zabala. I am an
architect and principal in the firm of Zabala Giltzow Albanese, Chartered. My office is
located at 815 Park Boulevard, Suite 350 in Boise. In the past, I had the pleasure to
serve ten years on the Planning and Zoning and Design Review Commissions for the City
of Boise.
I am here this evening, along with J. Frederick Mack, representing Barbara Myall. We
have had the opportunity to review the site development plans for this project and have
some concerns that we would like to share with you this evening. We request that
conditions be added to any recommendation for approval by this body to the City Council
to insure that this project is developed in accord with the Meridian Zoning and
Development Ordinance and the Comprehensive Plan so that it is harmonious with the
intended character of the general neighborhood and future land uses.
As designed, landscaped buffers are proposed along the entire north, east, west and a
portion of the south property lines. Immediately fronting Mrs. Myall's property there is
z
presently indicated approximately 477 linearfeet of unbuffered, unlimited access frontage.
This back area is indicated as the applicant's loading dock, service drive and refuse area
with unobstructed vehicular access along its entire length. There is no indication of
exterior lighting but one can assume that there will bewall-mounted units directed toward
• •
the street for security as well as early morning/late evening operations. Trucks and other
vehicles will be here on a continual basis with their lights on, motors running, doors
slamming, etc.
Wilson Road will not be developed as a major commercial or retail access road. It is
conceivable that the highest and best use for Mrs. Myall's property will be zoning that
allows for limited office or medium to high density residential uses. The applicant's
current proposal creates dangerous, injurious, noxious and otherwise objectionable
conditions which would adversely affect the surrounding areas and is not in the best
interests of the City of Meridian.
We request that your recommendation for approval include conditions that require the
applicant to 1) provide and maintain adequate landscape screening and buffers along the
south property line to protect adjacent property from excessive exposure to noise, refuse,
fumes, glare, lights, debris, transformers, pad-mounted mechanical/electrical equipment
or other unsightly developments; and 2) define and limit vehicular/service truck access
to the site to avoid creating interference or hazards with traffic on the adjacent street
while providing safe, fast and efficient movement of vehicles to off street parking and
service areas.
• •
We request that the conditions of approval be specific by stating that:
1. A minimum 5- to 6-foot high solid screen be provided along the south property line.
This screen may include fencing, walls and/or landscape combinations that will
provide a dense site obscuring, sound absorbing buffer.
2. Plantings should be installed with growth characteristics which will provide the
required height and site obscuring within a 2-year period.
3. Landscaped areas should be developed with a natural, random layout of
coniferous and deciduous trees.
4. All planters shall not be less than six (6) feet wide to provide adequate growth
area for plantings and protection from dehydration.
5. All landscaped areas shall receive full, automatic irrigation systems.
6. Access to Wilson Road shall be limited to three (3) ingress/egress points along the
southern property line. Clear vision triangles will be observed in regard to all
screens including vegetation, walls, solid fences or other site obstructions
exceeding three (3) feet in height.
7. Any lights shall be shielded or arranged to reflect light away from properties to the
south.
We believe that D & B Supply can be a good neighbor and that the conditions proposed
will encourage excellence and creativity in the design of all future developments and
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promote the goals of the Comprehensive Plan.
Thank you for your time and consideration. I would be happy to answer any questions.
~~
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,0-.9
• Testimony Public Hearin
Meridian P&Z
October 11, 1994
l~ ~/-~l¢
~~z ~~~
~~~
NIy name is Thom Myall. I am representing my wife, Barbara Myall, and myself.
We are property owners at 1470 N. Locust Grove Road, Meridian ,Idaho, which
is immediately south of the NEB-i proposal. This property was the home of my
wife's late parents for thirty years and is presently rural residential, in Ada
County, and zoned Rural Transitional (RT). We have maintained a gravel road
down Wilson Lane to our residence during this time. The property consists of a
residence and approximately 16 acres, lots 18, 19, and 20 of Pleasant Valley
Subdivision. The home is viable residence which is currently leased. At this time
we do not know how our land will be developed.
We realize Meridian is experiencing growth and desires commercial development
to increase its tax base, provide jobs, and offer local shopping , a goal stated in
the 1Vleridan Comprehensive Plan. As commercial development encroaches in an
historically rural residential subdivision, often incompatible land uses result.
The Meridian Comprehensive Plan addresses this issue relative to the
Pleasant Valley Subdivision ,which is designated as a Nlixed-Use Area. Policies
applicable to development are stated, specifically, Paragraph 5.18U, Page 28 --
NEBiPZO94 Page 1
r
• "Existing residential p~rites will be protected form compatible land-use
development in this area. Screening and buffers will be incorporated. into all
development requests in this area." Also, the issue of screening and buffering is
addressed in the Finding of Fact and Conclusions of Law, August 16, 1994.
[Paragraph 29, Page 12 states and I quote: "That Section 11-9-605 G 1. states as
follows: 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."] In addition, the Meridian Zoning and Development Ordinance 1993
contains ordinances that disffuse the adverse impact of commerical uses on
residental property.
The following items are applicable to this development and of interst to us.
1. Provisions for Commercial and Industrial Uses -Section 2-413, B 1. c. d.
f. h. -Page 54 and 55. (c-noise, f-glare, h-water pollution )
2. Outdoor Storage of Commercial and Industrial Materials -Section 2-413, C
12. a. -Page 58. (a-screening from residence )
3. Design Standards for Off-Street Parking -Section 2-414, D 2 a., b., c. and
d. and 3 -Page 63. (a-Landscaping, b-underground sprinkling, c-screening, d-
drainage, 3-lighting =direct rays or spill over to residential )
In addition to the written testimonty of 10/5/94, submitted to Meridian
NEBiPZO94
Page 2
. Planning and Zoning bur attorney, Fred Mack, I h~ the following concerns
relative to the impact the NEB-i proposal wil! have on our property::..-.
1. The present application and site plan show a D & B retail store, with parking
lot and storage yard. There is the potential for glare from the parking area
lights and rear store security lights and the potential for contaminated water run-
off from the parking area and building.
In reference to the aforementioned policies and ordinances, and in order to
minimize the adverse affects created by this development on the continued
enjoyment of our residence and any future development of our property, we
suggest the following be required:
1. Appropiate landscaping , berming and fencing be increased from what is
shown on the site plan to extend the entire length of the storage yard, building
and parking lot as they abut Wilson Lane.
2. The rear of the site be limited to two (2)(3) ingress/egress points on Wilson
Lane, (one) (two) curb cut located at the west end and one curb cut at the east
end. These two items would reduce the adverse impact of glare, noise and
unsightly view from our residence.
3. We request that all drainage from the site enter a sewer system.
4. We request that during construction ingress and eggress to our residence not
be blocked at any time.
Thank you for the opportunity to express our concerns.
NEBiPZ094 Page 3
~ f
MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 17.1994
APPLICANT: NEB-i COMPANY AGENDA ITEM NUMBER: 1
REQUEST: REQUEST FOR CONDITIONAL USE PERMIT FORD 8 B SUPPLY
GA ENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
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piss GI~I ~
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C~Op~
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
D & B SUPPLY COMPANY, INC.
CONDITIONAL USE PERMIT
NEB-• i COMPANY
1885 EAST FAIRVIEW AVENUE
MERIDIAN. IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled condii:ional use permit application having
come on for consideration on October 11, 1994, at the hour of 7:30
o'clock p.m. on said date, at i:he Meridian City Hall, 33 East Idaho
Street, Meridian, Idaho, and the Planning and Zoning Commission
having heard and taken oral and written testimony and the Applicant
appearing through a representative, Dick Schrandt, and having duly
considered the matter, the Planning and Zoning Commission makes the
following Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1. That a notice of a public hearing on the Conditional Use
Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for October 11, 1994, the first
publication of which was fifteen (15) days prior to said hearing;
that the matter was duly considered at the October 11, 1994,
hearing; that the public was given full opportunity to express
comments and submit evidence; and that copies of all notices were
available to newspaper, radio and television stations.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
NEB-i - D & B SUPPLY CO.
Page 1
• !
2. That the property is located within the City of Meridian;
that the property is in the Locust Grove District as shown on page
seven of the Meridian Comprehensive Plan and in an area classified
as a Mixed/Planned Use Development Area on the Generalized Land Use
Map; it is located on Fairview Avenue, a principal arterial
entrance to the City, and is described in the application which
description and is incorporated herein.
3. That the property ways proposed in Applicant's annexation
and zoning application to be zoned C-G, General Retail and Service
Commercial, which does not require a conditional use permit to
develop a general merchandise retail store and parking lot, but the
Findings of Fact and Conclusions of Law for the annexation of the
property state in Conclusion lN. 13, as a condition of annexation,
" that any use or development of the property shall only
be allowed as a conditional use with design review";
it is likely that the property will be zoned C-G, General Retail
and Service Commercial.
4. That the zoning of General Retail and Service Commercial,
(C-G) is defined in the Zoning Ordinance at 11-2-408 B. 11. as
follows:
LC-G) General Retail and Service Commercial: The purpose of
the ( C-G ) District is to provide for commercial uses which are
customarily operated entirely or almost entirely within a
building; to provide for• a review of the impact of proposed
commercial uses which are auto and service oriented and are
located in close proximity to major 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 Sewez- systems of the City of Meridian, and
shall not constitute strip commercial development and
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2
NEB-i - D & B SUPPLY CO.
encourage clustering of commercial development.
5. That the Applicant is not the owner of record of the
property; that the owner of record is Roger C. Crandlemire and he
has authorized the conditional use application.
6. That the present use of the land is for pasture and
farmland.
7. That the proposed use by the Applicant is for a single
general merchandise retail store of approximately 50,000 square
feet which would provide merchandise in the following areas:
Lawn and Garden, Hardware and tools, Plumbing and Electrical,
Work and Casual Clothing, Toys „ Tack and Animal Health, and
Agricultural Supplies;
and an associated parking lot; that the Applicant submitted
drawings of the proposed layout of the building that is proposed to
be constructed but they were not construction drawings; they did
not show the 35 foot landscaping which was required under the
Findings of Fact and Conclusions of Law adopted by the City Council
on the annexation and zoning; that the Applicant's representative
had stated at the Planning and Zoning hearing on the annexation and
zoning that he had a problem with the comment that a 35 foot
landscape setback was required; that at the public hearing the
Applicant's representative stated that Applicant was now proposing
a 25 foot setback.
8. That at .the public hearing Dick Schrandt, of D & B
Supply, the proposed user of the property, stated that there would
be more trees than shown on the submitted drawings, that there
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3
NEB-i - D & B SUPPLY CO.
•
would be screening to Wilson Lane, that a development agreement had
been submitted, that they had no problem with complying with the
Meridian staff comments, that the store would be attractive, and
that he had no knowledge of what was going to be built on the four
lots to the west of the D & B Supply store. In response to a
question from Commissioner Tim Hepper he statedthat the 35 foot
landscape set back was too much land but that they would provide 25
feet. He further stated that there would be 68 3-inch caliper
trees, decorative shrubbery, landscaping across the back of the
store,-and that they would improve Wilson Lane.
In response to the testimony of Tom Zabala, discussed below,
Mr . Schrandt stated that they would add to the landscape on the
south, that there would not be unlimited access to the south, that
there would be two 40 foot accesses from Wilson Lane, that
deliveries would be made during normal business hours, that it
~~ o ..Ct rt.~:..
would be a clean retail store, that they would use ropose,,•
forklifts, that water runoff would be maintained on-site, that
there would be fencing and landscaping around the building, and
that they would do the screening necessary.
9. Tom Zabala testified, and submitted a written copy of his
testimony, that he was testifying on behalf of Tom and Barbara
Myall; that he had reviewed the site development plan; that
conditions should be required so that development would be done in
accordance with the Ordinances and the Comprehensive Plan; that the
landscaping on the south shown on the plans was inadequate; that
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4
NEB-i - D & B SUPPLY CO.
•
the lighting was bad; that trucks and vehicles would be a problem;
that he had developed a site plan and he submitted that into
evidence; that the Myall's property would probably be developed
into office or high density residential; that there should be a
condition that the south should be landscaped and there should be
protection of the property to the south that relate to noise,
refuse, lighting and debris; that there should be right-of-way
improvements that limits access to property on Wilson Street; that
there should be a five to six foot solid screen of the property to
the south; that there should be five to six foot planters for
conifer and deciduous trees; that there should be sprinklers for
the landscaping; that access to Wilson street should be limited to
two accesses; that the lights should be shielded so they do not
shine to the south; and there should be curb, gutter and sidewalk
on Wilson Street.
10. Tom Myall testified that he and his wife were the owners
of 1470 N. Locust Grove Lane, Meridian, Idaho, (which is the
property to the south of the subject property); that as commercial
development encroaches in an historically rural residential; that
the land is in a mixed-use area; that there are policies applicable
to development, specifically 5.18U, page 28, (of the Meridian
Comprehensive Plan) which states:
"Existing residential properties will be protected from
incompatible land-use development in those areas. Screening
and buffers will be incorporated into all developments
requests in this area.";
that the screening was addressed in the Findings of Fact and
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5
NEB-i - D & B SUPPLY CO.
Conclusions of Law adopted on the annexation under 11-9-605 G 1.
and that requires a 20 foot planting strip next to commercial or
industrial uses to screen residential properties; that he mentioned
the following items that he stated were applicable to this
development:
11-2-413 B 1. c.,d.,f., and h.
11-2-413 C 12. a.
11-2-414 D 2. a., b., c. and d., and 3;
he stated that he had the following concern:
"That there was potential glare from the parking area lights
and the rear store security lights and potential for
contaminated water run-off from the parking area and
building.";
and stated that he had the following suggestions:
1. Landscaping, berming and fencing be increased from what
is shown on the site plan to extend the length of the
property.
2. Limit the ingress/egress points on Wilson Street to two
or three access points, one or two curb cuts at the west
end and one curb cut at the east end.
3. That drainage enter a sewer system.
4. That during construction ingress and egress to their
residence not be blocked at any time.
11. That one of the conclusions made for the annexation and
zoning was that prior to annexation and zoning of C-G, the
Applicant shall be required to enter into a development agreement
as authorized by 11-2-416 L and 11- D; the annexation and zoning
conclusions stated some of the matters that needed to be included
in the development agreement; the development agreement has not
been entered into as of the date of the conditional use hearing and
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6
NEB-i - D & B SUPPLY CO.
•
no annexation ordinance has been adopted since the development
agreement was a condition to passage of an annexation ordinance.
12. That sewer and water is available to the property, but
the property will have to comply with the commercial sewer and
water rates.
13. That the Ada County Highway District commented that a 5-
foot wide concrete sidewalk was required along Fairview Avenue
abutting the parcel; that a minimum separation of 460 feet from the
near edge of Locust Grove Road to the westerly access point
driveway on Fairview and that driveways on Fairview Avenue must be
constructed as curb return type approaches with a minimum throat of
30-feet and a 5-foot radii; that construction of Wilson Lane must
be one-half of a 41-foot back-to-back street section with vertical
curb, plus 12-feet of paving and 5-foot concrete sidewalks along
the subject parcel, that access points on Wilson Lane shall be
clearly delineated, and Wilson Lane must be constructed from the
west end of this parcel to Locust Grove Road with 24-feet of
paving; and that an easement and public turnaround must be
constructed and provided at the east end of Wilson Lane and that
there must be coordination of the design and location with ACHD
development staff.
14. That the City Planning Director commented that 68 3-inch
caliper trees are required for the plan shown; that Applicant is to
submit fully detailed landscape plan as part of the application for
building permit; that the parking area needs to be broken up with
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7
NEB-i - D & B SUPPLY CO.
•
landscaping, preferably every 100 to 150 feet; that Applicant
should provide a screening landscape strip along the southern
border except where designated accesses are planned and except
where necessary to provide clear vision triangle; that 5-foot
sidewalks are to be constructed along Fairview Avenue and Wilson
Lane; that storage of equipment and materials is to be adequately
screened from view on all sides; and a total of 11 handicapped
parking spaces is required, that two of these require an 8-foot
access aisle, and the spaces must be designated with appropriate
striping and signage.
15. That the City Engineer did not file comments on the
Conditional use Application, 'but if he does prior to the City
Council hearing they will be incorporated herein as if set forth in
full; that the Meridian Fire Chief commented that all codes, water
and hydrant--require em nit will need to be met; that the Central
District Health Department, Nampa & Meridian and Settlers
Irrigation Districts, and Idaho Power Company submitted comments
and they are incorporated herein as if set forth in full.
16. That Fred Mack, attorney at law, representing Barbara
Myall who owns 16 acres directly south of the subject property
submitted a letter in which he stated that he had reviewed the
Application and site plans; that since the Findings of Fact and
Conclusions of Law on the annexation required disclosure of the
proposed uses, but that nothing had been disclosed about lots 14,
15, 16, and 17 and such disclosure should be required for
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8
NEB-i - D & B SUPPLY CO.
• •
development of the entire parcel and the Applicant should not be
allowed to exclude any portion thereof; that the plans showed a
storage yard which could be used to store unsightly materials and
that there was potential for noise from service trucks entering and
departing from the rear of the store, he suggested that the
landscaping be increased to extend the full length of the rear of
the store and that landscaping be incorporated in order to shield
the Myall property from view and noise; that the site should be
limited to two ingress/egress points on of which should be a curb
cut at the west end and one at the north end near the entry gate
and that such would allow for a maximum area to be required to be
fenced, bermed and landscaped to minimize the truck noise and
unsightly appearance problems; he also suggested, to benefit the
City and the Myalls' that the Wilson Lane be extended to the end of
the dedicated roadway and not be limited to where the D & B Store
ends and that water and sewer lines should be required to be
constructed such that they would be able to serve D & B and any
future development.
17. That proper notice has been given as required by law and
all procedures before the Planning and Zoning Commission have been
given and followed.
CONCLUSIONS
1. That 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
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9
NEB-i - D & B SUPPLY CO.
• •
within 300 feet of the external boundaries of the Applicant's
property;
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant to
11-2-418 of the Revised and Compiled Ordinances of the City of
Meridian;
3. That the Conclusions on the annexation and zoning of the
property state that the property would only be capable of being
developed as a planned commercial development, under the
conditional use permit process, with design review; therefore a
conditional use is required for development of the property, which
is what the Applicant has applied for in conformance with the
annexation conclusions.
4. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the property
pursuant to 67-6512, Idaho Code, and pursuant to 11-2-418(D) of the
Revised and Compiled Ordinances of the City of Meridian, Idaho.
5. That 11-2-418(C) of the Revised and Compiled Ordinances
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; that upon a review of
those requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
concludes as follows:
a. The use, would in fact, constitute a conditional use and
a conditional use permit is required by ordinance, the
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10
NEB-i - D & B SUPPLY CO.
•
•
annexation conclusions of law, and the Comprehensive Plan.
b. The use should be harmonious with and in accordance with
the Comprehensive Plan but the Findings of Fact and
Conclusions of Law on the Annexation require a conditional use
permit to allow the use.
c. The use apparently would be designed and constructed, to
be harmonious in appearance with the intended character of the
general vicinity.
d. That the use would not be hazardous nor should it be
disturbing to existing or future neighboring uses.
e. The property has sewer and water service available.
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. The use would 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 or noise.
h. That sufficient parking for the property and the proposed
use will be required.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic feature of
major importance.
6. That 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, Uniform Electrical Code, the Fire
and Life Safety Code, all parking and landscaping requirements.
7. All requirements of the Findings of Fact and Conclusions
of Law adopted for the annexation and zoning of the property and of
the annexation and zoning ordinance that will be adopted must be
met, including entering into a development agreement; that the
development agreement must meet the requirements outlined in the
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11
NEB-i - D & B SUPPLY CO.
i • •
Findings of Fact and Conclusions of Law adopted on the annexation
of the property, specifically including 25 foot landscape
requirement along Fairview Avenue, and entryway corridor to the
City of Meridian.
8. Comment was made in the letter from Mr. Mack that the
Applicant should be required to disclose the proposed uses and
intention for development for the entire parcel of property and not
be allowed to exclude any portion thereof because it was a
requirement of the annexation and zoning Findings of Fact and
Conclusions of Law that the annexation and zoning be conditioned on
the City determining what the proposed uses are and whether the
proposed uses are in conformance with the Comprehensive Plan; the
Findings of Fact and Conclusions of Law also state, ". the
property should be subject to de-annexation if the uses and lay-out
of uses are not in compliance with the Meridian Comprehensive
Plan." and ". even if some uses are revealed and those uses
are determined to be in compliance with the Comprehensive Plan, any
use or development of the property shall only be allowed as a
conditional use with design review" ; it is therefore concluded that
since the City Council also concluded that the property should be
subject to de-annexation if the uses and lay-out of uses are not in
compliance with the Meridian Comprehensive Plan, it did not intend
to require total disclosure of all development and uses before a
single use was allowed under the conditional use process; this is
so concluded because the Council stated that the land could be de-
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12
NEB-i - D & B SUPPLY CO.
•
annexed if the use did not comply with the Comprehensive Plan.
9. It is further concluded that the Applicant shall meet all
of its representations made at the public hearing, shall meet the
requirements and comments of the City staff, particularly those of
Shari Stiles, and of the Nampa & Meridian and Settlers Irrigation
Districts.
10. That since the annexation and zoning Findings of Fact and
Conclusions of Law required a development agreement to be entered
into prior to an annexation and zoning ordinance being adopted,
since such development agreement has not been entered into as of
this date, and since a conditional use permit cannot be granted
until the property is annexed, the development agreement is
concluded to be a condition of a conditional use permit; the
development must also meet any requirements of a planned commercial
development.
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 HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI
CHAIRMAN JOHNSON (TIE BREAKER)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
NEB-i - D & B SUPPLY CO.
VOTED r~~
VOTED
VOTED
VOTE
VOTED
Page 13
DECISION AND RECObII~IENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they 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; that no conditional use
permit should be granted until the property is annexed and zoned,
a development agreement is entered into, and all the City's
requirements have been met.
MOTION: /
APPROVED: DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14
NEB-i - D & B SUPPLY CO.
MERIDIAN PLANNING & ZONING COMMISSION MEETING: OCTOBER 11 1994
APPLICANT: NEB-i COMPANY (D 8~ B SUPPLY) AGENDA ITEM NUMBER: 14
REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT FOR D ~ B SUPPLY
AGENCY
CITY CLERK:
CITY ENGINEER:
COMMENTS
CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS
CITY ATTORNEY: PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:.
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
"REVIEWED" Y^ ,~
SEE ATTACHED COMMENTS ~ t
(l'
l~`
SEE ATTACHED COMMENTS ~r~ 1
~ ~G
~~ r
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
OTHER: