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DaRosa, Joseph & Mary CUP 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, City Treasurer ( ITY OF MERIDIAN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer `/ WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, waste water supt. Planner & Zoning Administrator KENNY W. BOWERS, Fire Chiet IDAHO 83642 MERIDIAN W.L. "BILL" GOROON, Police Chief , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGS~'ORD 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, may we have your answer by: July 5. 1994 TRANSMITTAL DATE: 6/20/94 HEARING DATE: 7/12/94 REQUEST: Conditional Use Permit for Joesah & Marv da Rosa BY: Joesph ~ Marv da Rosa LOCATION OF PROPERTY OR PROJECT: East 2nd Street and Pine Street 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 8t 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 8~ FINAL PLAT) .BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES `'`~ OTHER: YOUR CONCISE REMARKS: • • CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT e ~ NAME : J OS ~~~ ~ • ~ m~ ~~ ~ 4~ ~OS/I" PHONE ~ 8'8~ ~Y 88~ ADDRESS: Z61~ SPp~)nl(WOO~ DR. rY1FiR1D1~ ~ ~D $3(,~Z GENERAL LOCATION : E/tST Z ~ ST. 7to~l i~ P ~ NE ~~ F~- DESCRIPTION OF PROPOSED CONDITIONAL USE: i ~0~~S51oaJ/tZ-- Di=d 1 CF.b , Rlv7rfl-I L ~~ ~E~~fi~ ~ ~tS /,rJ F~SS~S ~ ZONING CLASSIFICATION: 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. 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 ~~~~ ~ ~ ~PcR~ F quit' ~as'q" for the property generally described as located at t,(~~151~ DJ= n'1F.+ZIDI~ Cam ~w~ SUBDIVISION ~~ ex~ue~7~/ BLOCK ~ LOT NUMBER SOUIT~ ~ O ~ ~r ~F c.oTs q ki-~D 1 t'~ a;~fi o 3 F o ~ s ~ w~ 9 /1 / ~ ~s~ ~X1s1T)ov~- ~Ull~Diaf~ ~R ~p~~SSI~•~i"Z_ aF~ic~ , _ ~~-1 L ,mil? -- ~-~-~ ~~ '~'F 55 F~5 r , • ~'II'G-~}'j10n~ ~Ui~ use Uf O[-D 7vu1~1 ~2o~~T~ ~R~~ • fi~D ~ 13 ~l E . P lN,~,. n'1F.R lDlrtz-1 , ~D . S~3 G S/z 1. ~p~ ~ ~T = Sos FiPF~ D. ~ -7Vt'R ~ i= . dot- /1os¢ z~ls sPRI~~-uvoo~ DR. Z. o wn/~ SA-rn~ rJz ~1'PP~/ ~T 3. C.,E(,~A2 pF~S C Sotin`r-~ ~c FT~• o~ C-a75 9 ~ /o p F ~uk1~- Z of F. ~F . 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A~1'yUG9vT ~f'G ~,FfJS 7~ To S,F~ 77tA'f Trite pT~o P.EiR 7/ ~ S PRo~,E.+~ ~ y ~0 5 TF.t~ ~~ w ~ ~ ~ S 14 ~/ ,qoJ ~9-ff i /~~v iT o~ pasn,v~.. ,9AD i'no~~L C~ I . /1'r~~ 1 f ff~ 1 S ~9- ~ Iet~POS F~ ~~R h,~~G- !~D vl T ~ D ~- s~tir~ o~o~~- c~yoUT ~~ Trite FIRST- !s Nb'r /~1EGwtfiT~ `rrt~ c-~ouTs /~ct.o,E.- on~~ ~ -~ r~D ~ ~P~iD .sP/1z-E.. ~zc- S /~/I~.~ 7~ Cx~mP L y cc~ ~Tff Fu ~ c.._ S 1 ~ s ~i1•~S ~S 5~T ~oRT1-~ /~ TJ~k- ~o~J/~ ~ ~~ A~+/F.LOi'rr1~.1T~ ©RAl/d~E ~TZ 7?f,~ C.! 7~ 01G m~ iDt~t-~ frAOPT~-~ i~ )q 9 3 c~a.~~ s~c~J z-s~~y ~b~. 'iT~iR-~ w~ c,~ $~- it-- To Tm- o F NINE Cq~ P/-~,hl ~~ 5 piK.FJS ~N~ ,~- of c.vi-h~ff /s N~9~D i ~P~, ~~~ 'T~'hs R rc,~R f~ ~7s ~i~Rh.1iJG~.- ~~tz- 7th cN~ ~ ~~ S /'~ Fo K F/t~f 3 0 0 ~~~ • FT O F S p/P~ . ~ i • • `Rim ~ Ross ~u ~ L~~~~ . ~1 x kit- ro77t2s 7~a T~uS~~ F ~ v ~ I~tNDRk.~ ~~ FOUL SQ.c-I~t'RE, FfiFiT~ W rhC.t+ N~ ~- rry}~c i rrtul vrt R ~~~ R'~n Eo~T" 01= 5 ~ x ~~> -sP~i"~S ~ .9,F•T R~RT~t ~~ s ,~.e~T7o~J Z - yi y ~ ~b~ roYnm€.~e~-~~- v •"~,,, WAR~NTY DEED 8849166 • FOR VALUE RECEIVED WILLIAM ALBERT BRUCE MCDONALD,.PERSONAL REPRESENTATIVE FOR`THE ESTATE OF A. BRUCE MCDONALD, DECEASED ' GRANTOR(s), daes(do) hereby GRANT, BARGAIN, SELL and CONVEY unto JOSEPH D. DAROSA AND MARY F. DAROSA,.HUSBAND AND WIFE GRANTEE(S), whose current address is: 2615 Springwood Drive, Meridian, ID. 83642 the following described real property in Ada County, State of Idaho, more pariiculsrly described as follows, to wil: 'I'htr tiuiil.li '111 fr!•I c,f i,c+1.5 '1 run.l lU in 131~xrk 2 of F.11. NUURSF,'S EII2S'1' ADDITInN 1'c) MFRIDI)1N, ~ccnrrlinq t.n tl-F plat therr~f f.ilcNi in l~x>k 2 of hl;il.5 ni I~,cp-• ~,~, rr~,•„rds c, f. ~~~),~ t'cntnly, ldahc.,, exccl~t. the North 3U feet. of said [.r~ls 9 aril LU Ada County, Idaho 1e Request of PIONEER TITLE CO. TIME ~: 7P M. DATE /~ 5.$$ JOHN ASTIDA REC RD R , Deputy TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantce(s), and Grantee(s) heirs and assigns forever. AnJ the said Grantor(s) dces(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premicec; that said premisesg are free from all encumbrances, EXCEPT those to which this conveyam:c is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restric- tions, dedications, easements, right of way and agrcements, (if any) of record, and general fazes and assessments, (includes irrigation and utility assessments, if any) for the curcent year, which are not yet due and payable, and that Grantor(s) will war- rant and defend the same from all lawful claims whatsoever. Dated: 5eC,tertd~r :~(), 1913U THE F,ST:17'E c)E ALRF,ll'1' RRUCF, h1('IX1.Nn[]) ACKNOWLEDGMENT -Fiduciary/Official n 1DAli0 ADA STATE OF -County of On this 30th ~ dny of September ea. in the year of 1988 ,before me a notary public, wit11^m Albert Bruce McDonald , to me to be the person whose name is subscribed to the within instrument ae Intative and acknowledged to me that he executed the same ae such ~ • (jrttatee, sheriff'. etc.) er onal R reaentative , .. ~ ( Ftrdpt e, eht~Iff, etc.) • •. / h*/ ~~ ! { t i, Notary Public• -~`~; ~` •~ ~• _:. Residing at: Boise ID. Commission Expires: 11 12 92 PIONEER 'a'ITLC COMPANY OF ADA COUNTY 821 West Sate Stroll / Boix, Idaho 83702 / (208) 336fi700 888 North Cole Road /Boise. Idaho 83704 / (208) 336-2700 • ~n~-vtr~ ~ n1 G R r,~J ~~ is cuR t~ ~T .~-,r~ c~ ~,~- ~~~~ s~irr.E ~) ~i~{y,,,rn(G. !~ R ~ R~--d ~1S p~~oswU ~,hq/~,J~- s~iJrf~S GfEw). 1 ~ ~ cuaR~r ~ ~ ~ Bui ~D~~~ : ~I ~ ~ l _ __ ,l N1 R-L t9.tc~ . _ _ _ _ _ ' t•Z`~ST t I I I: • • nI~T~O~ (Z~~ t P„~~aSfiL FOR i'A-RK1~C~._ --• )P~-ti-~~- r~ ~rz~ ~~ rs cuI~R~T" ~-v~rlc.hB~ ~~-~- 5~~r~s. z) ~A~RM~-- ~N ftko -~f.~ 1s P~pPask.~ ~/ht1v1~~- sP~h (,~,ec~~ . T?hS u~ouc.D 7'~ Oc~T 'rt1 ~ GTZtSS 1 N ~ 1~JT OF '~'~. s l DEta~tZk. ~l ~ TttfaJ 1T u)OU~Ij 13~ PIr/~ /IJ. 3~ B~uE 'k.~%~ rs s ~ bE~1~9~~ 1-~ 5 i ~i `1 GJ-RR~T BtxL~D-r~G- ~tbmE ~ _ _ _.___ ~~ •• ~~~_• '~ ~ _ •~ar• 1~1~ -. _. . c~i d i j ~---a i ~ --~ ~i a ~ e ~~ ~ ~ Nb ,n ~ ~a~~ ~ j I --- ~- ,~~ i ,p ~ ~ n ~ I a i w t ' 0 o W J 1 S -~ -~ ' _- -, r- - ~ - ~ r - -, N -- N m Q m y~ i r'T~a-- - ~ ~ i I ~ - ~~ _ _i ~~ 1 '1~ ~-. I ' ~ 1 - - -I - ~- j r- - - - ~ , '' Q - - - --~ I ' ~ r - ti ,- - -1 ~` ~ I - -~ __ -- _ u ~~ ' .m 1 s V ~ E m ~ ,q ~ Z - -~ -~ ' 5; Z _ ~ Z J ~ ~ ' '~ ~~ ~ I ' N ii ! ~ i. ! ~ 0 i a1~ ~- ~ ' r• 0 ~ F r. s~ , ~ 01 ~ 09 ~~__~_ - ~` ~_ -~ ; s W a s i ~ B ap Z ~ ~~ ~~ I` os :LZ ~ .. .~ -o i i I Yb8 ~ i , ae. .3 - o .o ~a m Q ~~zm ~ ~I W ~ k -~ ~ I ~ '-~ -i j I i of .i o~ ~ ~i ~ ~ c -~ ~ ~ ' o. ~ ~ o ~ I ~j `' 7~ ! ' 9 S ~~ 9 i~ o-~I B oe r ' , _~~~ Q i M ~~ ° ~ i m „-~ o, o o ~ 'I ~ -- ~r ~ Y -~ ~ ~ ~~ ~--~-r -~ Q ~~ ' I ' I V ~tf ^/ EI~O/L~~LU'9~CG -~~- a ,.O C .~~ 1 (- ,. ~ WAR~NTY DEED 8849166 • FOR VALUE RECEIVED WILLIAM ALBERT BRUCE MCDONALD, PERSONAL REPRESENTATIVE FOR'THE ESTATE OF A. BRUCE MCDONALD, DECEASED ' GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto JOSEPH D. DAROSA AND MARY F. DAROSA,.HUSBAND AND WIFE GRANTEE(S), whose current address is: 2615 Springwood Drive, Meridian, ID. 83642 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: 'I'ir~ S~,iil.li '-1) fr•rH c,f I,c,l.!; '- an~.l Ill in 131~:x~k Z of. F'.A. N(H1HtiF;'S EII2S'P AIN)T'1'I(1N 9'O MERIDIAN, acrnrdinq I:.r~ FhF plat lher!~of filed in F~x~k 2 of I~I:i1.5 ;il 1L~~1,• `, t, r~~~•„r~.is ~~f. Ad;~ /'rxtnly, .Ldaho, extx•I~t the Not•th 30 feet of said I.F,I. s 9 and 10 Ada County, Idaho ~e Reyu~at taf PIONEER TITLE CO. TIME ~: 'fP M. DATE !~ _ JG .$$ JOHN ASTIDA REC RD R , ~y~ Deputy TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restric- tions, dedications, easements, right of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will war- rant and defend the same from ail lawful claims whatsoever. Dated: Sel~tetrd>Pr.• 30, 19f)8 TIIE F,S'T:\TE c~E AGC~I;l2'1' fiftUCF'; h1t'IX?NAid] ACKNOWLEDGMENT - Flduclary/Official n 1DAH0 ADA STATE OF - ,County of , as. On this 30th ~ day of September 1986 in the year of ,before me a notary public, William Albert Bruce McDonald - . to me to be the person whose name is subscribed to the within instrument as kttative and acknowledged to me that he executed the same ea such ~' (lruatee, ahoriff, etc.) P4er oval R reaentative • • ~ I Etr~t e, eh~t~ ff tc.) ,/ ,,, I Notary Public• ~::~. ;.:„ a-` Boise ID. Residing at: ' Commission Expires: 11/12 92 PIONEER TITLC COMPANY OF ADA COUNTY 821 West State Street !noise, Idaho 83702 / (208) 336-6700 888 North Cole Road /Boise, Idaho 83704 / (208) 336.2700 • • `R~£ G. Ross ~u ~ ~~~~~ . i1'R kst- To7~92S 7~a T}i~puS/hJl) ~ t v ~ rh~tN-~R~ ~~ FOUL SG1~-IXR~ F~~j W rFtC}{ NHS ~ ~ i m vt ~-r~ R ~~ Rkn't FAT" o ~ 5 ~ x ~~> .syiC~ ~ .9~ F~Rnt ~.J s ,E,e>no r~ z - y~ y ~ (b~ cornm~~~- i. '~ f I ~1 w I. f • • ~ha N ~. , ~, /~ n F.F~' ` %~% -'.~ K R ~ % w-1'1 L. tL C-~ - tRh~1 ~-~=-- ~ ~iC~.~S . :.) ~'tl'Rh~'ll•.C~ ~,v ,~k.0 =r.~-~ ~ ;',~pT,S1F.~ ~jt/1Nh :,i'~frF~S i~nr,u:..)~~ `FJYR ~ c,~T '%~ ",~tS S ~ ~v i-,zo OJT .: F ATE.. s t DF,~1iiZlc_. ~iT+h 77tF,.~.~ IT wau~~ n~ r'~t/Ed !N. E. z~ sr. THE CITY OF MERIDIAN 33 E. IDAHO AVE. MERIDIAN, ID 83642 888-4433 Date: 7/12/94 PAST DUE STATEMENT GREENHILLS HOMOWNERSASSOC. C/O Mary DaRosa P.O. BOX 242 MERIDIAN, ID 83680 This letter is to notify you that your account with us is past due as follows: Greenhills Homeowners Assoc. Current billing 16.62 Past due amount 98.92 2% finance charge 1.98 Total now due 117.52 The attached invoice in the amount of $16.62 is the Idaho Power bill received and paid by the City of Meridian for Greenhills street lighting. At this time the City ofMeridian is requesting reimbursement in the amount of $16.62 for the July billing , the past due amount of $98.92 and the finance charge of $1.98. Please send us a check in the amount of $117.52. If you have any questions concerning your account please contact Julie Borup in our office. Thank you for your prompt atttention in this matter. Sincerely, City ofMeridian Janice Gass City Treasurer • There will be a finance charge of 2% if not paid by 8/1/94 i t /~ n/oc~ R 5 ~ ~ ~ ~t'D~ i ~ ~ n1 )'; ~lo t Z~ 0000 g0 - T~,RR`/ 1Z• r RF.~JE~ D• STF.~fI-RT 91~ ,~. 2 ~' sT h'-Et~tD1~f-nJ , 2d. ~3lo~Z a~ OO y0 - LOyD ~. , ~ SJC~L y /1') , SOJv~ ~yzo E~m P~ h'1~1D1~ ~ 1D. S36~Z 3~ O / o O - {~- CIf~R 1) S: ~ n'/A~~f.~E J • FiaOR/~J /'S C- ~ Z ,box ~~3 ~~o A-,q~ 3 boo ~ y~ 01 ! o - R~ ~. .g-~ K~,~ so~J rnER~D/~ , ~A. o~~~ O/Zy S~ 0 ! 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The Application requests a Conditional Use Permit for professional offices, retail and related businesses. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 20th day of June, 1994 ` Sic, ~ WILLIAM G. BERG, JR., CITY CLERK 1• ~ _ _ _ ___. ,^ / "~ ~a `_ .- 7 .. - tj __ ~~ . c~ •' R1 ~ •, h .~~ !' ~~ ~' -~ _4 t iii - - =tl'- - - ~ - ~--~~-~~` . ~1~ ~ ~ ~ ~ ----sue. I ii .1 r--~~ • i - -1 F- - 1 Q' ~ w i ~ I ' ~_, .« - W . -1 1- - - y ~ - -1 I- - J r--~ , ~ I _ _ 1 I~ 1 y r ~ I ~ I i_ J ~ . -~ r - J L _ J ~ ' ~~ ~ ~' ~. of ~ .. ~ o/ c~/ ~ o/ „ I r -1 0 ~ ~- - 1,- -~ ' I 1 (~ i ~ - - - - ~1 ~~~ - T I ' " 1 00 . M oyte+~ ` - ~ // .^/ // O/ I/ p/ i/~ O/ Q i '~ Z Q (~- tQ S Z ~ I ~ ~ F-- ~ ~~ ~ ~ -~ ~ J it o2 ~ i o7 ~ ~ / t '. N 0 2~ ~ 0 ~ i ~~ Z -~ K 4--1 ~ , r i *~1 ~ , 1 T p~ `' 3 v ~ ~! ~. ~~ O7 09 / .~ a / f e /-~ .•Q ,off / °°, i~ G ~~ o ~_ r----, --~ _ - .~~-I ~ ~ I ~ ~ . _ (~ 1 i ! ~ ~ I -~ • • ~o~r~- l z'~1 ~~Pavtz ~~ ~,a~ `~ ~~. P~~~- i~ G~~ ~~ ~s cu1~~~T ~IVfic..ht3~ ~~IRhr~- 5~.t~s . z~ ~'A1ZMN~- iN Rk.D -'F,~ is P~pPof+F•~ ~}v1~G~. sP~'.E5 CN~~ . T}hS c,~ouc.D 7'fhR Oc~T ~ GrztsS /N Fizo~1T of `mE. sr~ ~Nh TltE~ !T WOULD laE. P~t/ED /N. .~~ a ~u~ ~~ ~~ s a b,w,~~-~- v~ 5 i i 7 i E. z~ sr. ~k~R-v~~G- ~rJ GR~1 ~F,h1 ~s cuRR~r ,~9-v~c~~,~ ~hXi~l~ s~i12,~5 ~) t~9'Ffk-i~~ ~~ R ~ R~ ~.5 P~2opos~U ~,~Rivt~~- sPit~s ~Ew~. I 1 ~~ ~I ~` t ti cuRR,rwt' Bui ~D~~~ (rtorr~) ~, Meridian City Council August 16, 1994 Page 50 findings of fact and conclusions on the proposed annexation and zoning for Waterbury Park No. 5, all those in favor? Opposed? MOTION CARRIED: All Yea Sale: Can I comment on this matter? Kingsford: It is not part of the public hearing but we will certainly look at it. Sale: I think the Highway District can be convinced to stub a street to the north boundary of this project maybe even swap the west stub for the north stub because we can still get this the gentleman's property out to the collector. However, if should you decide to make that a condition we would ask that you add that this developer provide half of the cost of the structure across that stream bordering this property that he deposit the cost of, that structure with the Highway District. And then when this gentleman develops this property he will have to build a bridge and we will give him this half of the cost so that he can have access. Kingsford: Thank you. ITEM #22: CONDITIONAL USE PERMIT REQUEST FOR JOSEPH AND MARY daROSA: Kingsford: Would you state your proposal please? daRosa: My name is Manuel daRosa, I put in the conditional use permit for my parents, I am representing my parents Joseph and Mary. I had put in there to, let me explain this background of this. It is a 1903 home built by a Reverend Powers retired here from Missouri. It is a beautiful home and I want to preserve the home as such and make it a landmark for the City of Meridian. And I am basically in accordance with the City of Meridian's outline that they have. It is in the Old Town area. I put in the conditional use permit to receive or get if I possibly could have angular parking on East 2nd Street. I am on the corner of East Pine and East 2nd Street. At the time I also asked for which have to this day, I have parallel parking on Pine Street and parallel parking on 2nd Street. Now Ada County Highway District recommended that the City of Meridian not grant me the angular parking on East 2nd Street due to the street was not wide enough and it would provide us a dangerous situation. So at that time on July 12th we had the first public hearing, Shari Stiles made out and the first page in or the 3rd page Shari Stiles has written basically an amendment that would allow me to have parallel parking along 2nd Street. Which would provide me with adequate parking spaces, I want to put that as a professional office space so I need a minimum of 6 parking spaces. I would have 4 on the 2nd Street and 4 on Pine Street which would give me 7. To set that up now, Shari has told me that • Meridian City Council August 16, 1994 Page 51 now the City of Meridian wants me to put in another application to apply for a variance regarding off street parking. I would like to just so state that I feel that I have already applied in my original conditional use permit for that parking. And 1 would like the City of Meridian to allow me not to put in that variance so 1 I don't have to occur the cost and 2 so that I don't have to back myself up now another month. That is all I have, if you have any questions for me. Kingsford: Questions for Mr. daRosa? Yerrington: Are you on angled parking on both Pine and 2nd Street? daRosa: I kind of gave up the angular parking, I would like to have angular parking and I was even offering to put the angular parking on my property from the curb line in about 8 feet to my sidewalk but they refused that. I just want the parallel parking on both sides. Yerrington: Thank you. Morrow. How are you going to restore this building are you going to restore it to professional space, does that mean accountan#s, attorneys and doctors. daRosa: Yes, we have been working on this structure for 8 months and put quite an extensive amount of money into it and I am in the process now. I'm about $5,000 into sidewalk and Nampa Irrigation District tiling. Morrow. You already satisfied the requirements of this? daRosa: Yes, more than, I would like Shari if she would on my behalf let you know that I am doing it. She has been on site now twice. Morrow. She will be talking to us next. Kingsford: Any other questions for Mr. daRosa. I guess one thing that I might ask is as you looked at your angular parking, I appreciate that you thought about giving that up. Have you looked at a protection ball, was that discussed much as we have for example on some of the parking spaces on 1st Street? daRosa: I don't quite understand your question Mayor. Kingsford: For example over here at Intermountain Arms, there is a ball that protects people as they come (inaudible) was that discussed by the highway district? Meridian City Council August 16, 1994 Page 52 daRosa: No it was not, there would have been one there, I would have put one there at the corner of 2nd Street and Pine that would have covered the 2nd Street side because I was actually proposed that I would take from the curb to my sidewalk is about 8 feet and I would have left that type of curbing on the 2nd Street side and that ~nrould have given me 8 parallel parking spaces, 8 angular parking spaces on 2nd Street side but they didn't like that idea. Kingsford: Questions for Shari? Morrow: You had in our packet today a letter dated yesterday, talking about the conditional use permit is either approved or not approved (inaudible) an additional application with respect to a variance for off street parking. You have seen this project can you bring me up to speed with your line of thinking behind this letter that we received today? Stiles: Yes Councilman Morrow, Mayor and Council members, I have been through the house a couple of times and have been on site while he has been making his improvements to his sidewalks. He has had quite a bit of problems with the existing water system that has gone through there and the city water system is so antiquated it is literally disintegrated. As far as the parking, 1 just think it was part of their original application. They were very upfront about it, it seems redundant to require a variance at this time when it is part of the conditional use permit application. I don't know legally if they need to, they are absolutely required to apply for a variance but it would seem to me that if you approved a conditional use permit it includes it as it is proposed and it should not have to go back through another application process that is costly to the city and does not pay for itself. I think it has been presented in all of the public hearings and I see no reason why it would have to go through that. That was just my personal feeling on it. Morrow. Thank you Kingsford: Any other questions of the Council for staff? Morrow. I have a question of the Counselor, with respect to what Shari testified to. Crookston: That issue has not ever come up before and I haven't looked at it. I certainly understand and appreciate what Shari has stated. I am just not in a position right now not having addressed it before to say that it is required or should be allowed to be approved without it. Kingsford: Have the findings changed appreciably. Entertain a motion on the findings. Meridian City Council August 16, 1994 Page 53 Morrow. So moved. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the findings of fact and conclusions of law as prepared for Planning & Zoning, roll call vote. ROLL CALL VOTE: Morrow -Yea, Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Morrow. How do we deal with the variance issue? Corrie: The findings said he has to apply for a variance. Kingsford: I still vuould like to see you Mr. daRosa look at that angled parking. I know the highway district doesn't like it and Larry will glare at me a little bit but we did it on 1st Street and I would like to see that theme carry on through the old part of town where it +can with the bulb with brick pavers and that sort of thing. And you are right on the perimeter there and I think it is a real opportunity. I would like to see you investigate that maybe first and then look at the variance to the parking ordinance. daRosa: I would like to say that Ada County Highway District would allow me to put angular parking if I actually and I am not quite sure what the words are here but if I sign a release of some sort putting all c{aims that would, if someone came out and pulled out and was hit from the back side. The Ada County Highway District wants me to fully responsible for any accidents that v~uld be involved in that and I just didn't feel like I as a property owner should be responsible for that. So, I would love to have the angular parking there but I don't feel like I should have to sign that release form, Shari may know what that is? It is a hold harmless agreement. So that was proposed. I currently have to put in a pedestrian ramp and 5 foot sidewalk and actually a 6 foot sidewalk on the 2nd Street side and a 4 foot on the Pine Street side. Kingsford: Well the requirement based on the approval of the findings is that one or the other happens either you have parking you apply for a variance for it. daRosa: I am kind of confused about that I currently have parking there. Kingsford: Parking adequate for the building? daRosa: Yes, one space more than what is adequately needed, I need a minimum of 6 A • Meridian City Council August 16, 1994 Page 54 spaces and I currently have 7 open spaces. Crookston: It is all on street parking. daRosa: That is correct, but it is available to me. I use it nowwhen it was a residence and my parents actually had renters in there they were using that parallel parking on both sides. So it is available to me now. I don't quite understand why I need a variance to ask for it back. I never gave it up really. Morrow: The issue there is the ordinance requires off street parking for that type of a project. The purpose of a variance is to take away the need for off street parking. It is true you do have 6 or 7 spaces of on street parking but if I am unders#anding Shari and Wayne correctly the variance is for off street parking requirements. Item 6 on page 5 of the conclusions it says, talking about (inaudible) all parking and landscaping requirements the applicant wilt need to apply for a variance regarding the off street parking. daRosa: That is con'ect, you don't Kingsford: But the ordinance requires that you do. daRosa: That I need off street parking. Kingsford: You need off street parking or you need a variance from the Council to (inaudible). daRosa: I understand. ITEM #23: CONDITIONAL USE PERMIT REQUEST FOR RED CANYON CORPORATION: Gerber: I am Lloyd Gerber, I am the President of Red Canyon Corporation. We purchased the property on 2nd East and Pine, the old medical center. It has been vacant since 1985. We are now trying to because it was vacant anything we put in there has to go through a conditional use permit. And that is why we are here now and trying to get it so we can put tenants in there. We have one tenant that we anticipate going in there we will still need one more. Kingsford: Questions for Lloyd? Morrow. You have read the staffs comments are you are in agreement of complying with the staff conditions. MERIDIAN CITY COUNCIL MEETING: August 16.1994 APPLICANT: JOSEPH AND MARY daROSA AGENDA ITEM NUMBER: 22 REQUEST: REQUEST FOR A CONDITIONAL USE PERMIT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACTANDCONCLUSIONS OF LA W CITY POLICE DEPT: + "REVIEWED" ~ l ~ C CITY FIRE DEPT: SEE ATTACHED COMMENTS I ,,~ CITY BUILDING DEPT: ~, MERIDIAN SCHOOL DISTRICT: ~~ ~U~ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: • 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 MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning From: Gary D. Smith, PE RE: JOSEPH AND MARY daR SA (Conditional Use Permit) I have reviewed this submittal and offer the following comments: July 11, 1994 1. Commercial use areas require off-street parking in accord with ordinance Section 2-414-A. The design standards for off-street parking are listed under ordinance Section 2-414-D. 2. The water and sewer use of the proposed commercial use will need to be evaluated for possible reassessment. In order to do this evaluation we need to know what use the building will have. HUB OF TREASURE VALLEY • 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 OFFICIALS MEMORANDUM GRANT P. KINGSFORD Mayor TO: Mayor and Council FROM: Shan~~Plarining Zonmg Administrator DATE: August 15, 1994 SUBJECT: Conditional Use Permit for Joseph and Mary Da Rosa 1RECEIVED AUG ~ 5 1994 CI'i~Y i.3t- ialZ~`z;ii~,r~-Iv I have a couple of points to make regarding this CUP. The Findings of Fact and Conclusions of Law request that the Da Rosas now apply for a variance to the Ordinance regarding off-street parking requirements. The Da Rosas were very upfront in their inability to provide off-street parking, their submitted plans indicated this, and the variance application is atime-consuming and costly process for both the Applicant and the City. Either the Conditional Use Permit is approved or it is not. To require an additional application is another hoop to jump through that certainly does not encourage efforts such as those of the Da Rosas to revitalize the downtown area. A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning Item No. 22 CC 8/ 16/94 I recommend that the Findings be amended to delete the requirement to apply for a variance and that the Conditional Use Permit be granted on the project as proposed. • 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 MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning & Zoning GRANT P. KINGSFORD MEMORANDUM Mayor TO: Planning & Zoning Commiss' n, Mayor and Council v ~~~~ FROM: L. Stiles, Planning & Zoning Administrator DATE: July 12, 1994 SUBJECT: Conditional Use Permit for Joseph and Mary DaRosa This project would meet the Comprehensive Plan goals of encouraging new commercial facilities to locate in downtown Meridian and preserving Old Town as a special and unique retailing center within the community. This request for a conditional use permit is the result of a lot of time, effort and money spent by the Applicant to restore a 1903 residence and provide professional office/retail space in the downtown area. No room is available on the 90' x 105' lot to accommodate on-site parking. Additionally, ACRD has indicated they do not want angled parking on Second Street at this location. Our current Zoning Ordinance requires adequate off-street parking be provided. In Old Town, this has more often been the exception than the rule. As the City continues to plan the downtown core and work with developers to provide public parking facilities, this shortfall of parking should be alleviated. In conjunction with 5' sidewalk and pedestrian ramp installation, seven parking spaces could be made available adjacent to Pine Avenue and Second Street this way. Professional office space for this 2,504 s.f. home would require only 6 parking spaces. Retail space would require 13 parking spaces. The existing irrigation system will need to be tiled to continue historical flow to downstream users. I would recommend that a conditional use permit for professional office use be granted subject to staff and agency comments. • HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live CITY OF MERIDIAN 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 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSY+'ORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning RECE~-"~JED JUN L 1 1994 rr~~C iv~,LiilUltlN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DE~~PMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, may we have your answer by: July 5. 1994 TRANSMITTAL DATE: 6/20/94 HEARING DATE: 7/12/94 REQUEST: Conditional Use Permit for Joesah 8< Marv da Rosa BY: Joesph 8~ Marv da Rosa LOCATION OF PROPERTY OR PROJECT: East 2nd Street and Pine Street JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM ~ FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) WATER DEPARTMENT .BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) -SEWER DEPARTMENT BUILDING DEPARTMENT CITY FILES v OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER • 4 CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NRME : J OS~~I~ ~ . ~ YI~I}I"R~~ r. 4~F ~o5/F' PHONE T~ 8~~ ~Y$$ ADDRESS : Z 6 1 S SPR)nl( I.yOC~~ b1~ . mFiR~ D-rl~ r ~ D fs36 ~Z GENERAL LOCATION : E/fST Z ~ S T. ~~ P I ~E QTR F.f~T- DESCRIPTION OF PROPOSED CONDITIONAL USE: ~~O~~SS-o~~'c-- oi=~-cF~s , R~~9-iL ~~ R~~~~ ~~s~~F~SS~S ~ ZONING CLASSIFICATION: 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. 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 ~~~~ ~. ~ Y~1RR~ F. ~" ~a~" for the property generally described as located at Dl~ ( a~ SUBDIVISION ~A- 'C~t~te~17'`~ BLOCK 2 LOT NUriBER SOUl"} j q O . _ ~ ~* ~~ coTs q MAD 1~ , ~~1" rrl~ aloRTl~ 3o FT o~ s~9- iD Ly'13 9~~I 1`J U~S~ tXls ll~o~G_ $UJC.Di~(C~ ~R PPA~~S/~- DFFI CF~S , . .~ . OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Flre 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) 887813 Public Works/Building Department (208) 887-2211 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES ~~~~~Q f~i*~gQ~ZoningAdministrator d/ ~j~JJIMJOHNSON Chairman • Planning & Zoning JUN 2 9 1994 GRANT P. KINGSFORD - t xd r.. Mayor C1 ~ lfrfii` t°tLr'S:iJ'1J~3~ 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, may we have your answer by: Julv 5. 1994 TRANSMITTAL DATE: 6/20/94 HEARING DATE: 7/12/94 REQUEST: Conditional Use Permit for Joesah ~ Marv da Rosa BY: Joesah ~ Marv da Rosa LOCATION OF PROPERTY OR PROJECT: East 2nd Street and Pine Street JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z 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 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 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) .BUREAU OF RECLAMATION(PRELIM 8- FINAL PLAT) CITY FILES / 02 ~ ` OTHEROTHER: YOUR CONCISE REMARKS: ~• ~dw ~~S • ~ . CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT NAME : J OS~t l~ ~ • ~ m~~~ r. Qiq' ~OS/I' PHONE ~ 8~8 ~YB~" ADDRESS: Z(olS SPF~In/GW001~ Dl~. mF~R~Dlr1~-~ ~ ~D 8',36`fZ- GENERAL LOCATION : E~tST Z ~ ST ~~ P ~ NE sTR F.f~ DESCRIPTION OF PROPOSED CONDITIONAL USE: ~ ZONING CLASSIFICATION: 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. 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 j~~~{ ~. ~ Y11~R~ ~. qif' ~a~'a" for the property generally described as l ocated at -TDu~Ns l Dl~ (D~ Taw~~ SUBDIVISION '~ ,~q-. ~t,~s,17+~ BLOCK 2 LOT NUMBER SOVITI~ q O ~ "~ pt w1r3 q MAD 1~ , Der ~ ,c1oRTtf 3o FT o f s~4-iD w~ 9 ~ /r ~ UPS ~ ~X is I T7 o~G- $ Vl I L D-A1lc.._ ~R 1^'~O~~SS IGV~i"Z-- a FF/ CF S , CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary /Final /Short Plat REVIEW SHEET Environmental Health Division j~AS~ RECI.E~ .! ~ 1. - 1 1494 CITY OF MERIDIAN ~.sP' ~d ~ Pi~~ S~rx.~~ Return to: ^ Boise ^ Eagle ^ Garden city Meridian ^ 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. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. 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 ~] 13. ~~ O,t3 ~»» ~ ~..JS i'a//Gle~ % jis ~iL~ , !~ Date: ~ l Z 7 / 9~ CbNNCG7~"7') 7-a /~lER%A/:~iJ ~ ir~1 Z l~~~'' Reviewed By: ~ LDND 10/91 rcb, rev. II/93 jll ~_ ~_ - L~~ L _~i~iN .~. ;~, ~~ ~~,;, ._~aenr _HERRY R HU6ER, Vice F~esident Io.MES E. °_RUCi=, ~ec,e*~~^, TO: ACRD Commission ENTER-DEPARTMENT CORRESPONDENCE CUNW2PIN/DSTECH 7-6-94 DATE: July 1, 1994 FROM: Development Services SUBJECT: Conditional Use - Meridian Northwest corner of 2nd Street and Pine Avenue (Applicant - Joesph and Mary da Rosa, 2615 Springwood Drive, Meridian ID 83642) PRELIMINARY REVIEW - NOT FINAL UNTIL APPROVED BY THE ACRD COMMISSION FACTS & FINDINGS: 1. Mr. and Mrs. de Rosa have applied for a conditional use permit to convert an existing dwelling into professinal offices and retail businesses (2,504 square feet) located on the northwest corner of 2nd Street and Pine Avenue. 2. GENERAL INFORMATION: SQUARE FEET OF PROJECTED BUILDING - 2,504 TRAFFIC ANALYSIS ZONE - 269 L.F. OF FRONTAGE ON 2ND STREET - 90 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required 2nd Street is improved with a 48-foot street section with a broken-up 4-foot sidewalk along this parcel and a 6-foot sidewak to the north of this parcel. L.F. OF FRONTAGE ON Pine Avenue - 105 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Collector ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required Pine Avenue is improved to 52-foot street section with 4-foot sidewalk. IMPACT FEE BENEFIT ZONE - Western Cities 'r~da ccun~y highway ~is~ric~ 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 Conditional Use• Meridian ~uiv i, 994 gage 2 end Street .~n~ine :venue ~ IMPACT FEE ASSESSMENT DISTRICT - West Ada 3. The applicant has proposed parallel parking on Pine Avenue and angled parking on 2nd Street. Staff strongly recommends that angled parking not be allowed on 2nd Street. The parcels to the south Pine Avenue on 2nd Street currently have angled parking and the street section is wider (58-feet). Angled parking is not currently used this section of 2nd Street. Staff does not encourage the use of angled parking in new areas. 4. Staff recommends that the sidewalk be replaced with a 5-foot sidewalk on Pine Avenue and a 4-foot sidewalk on 2nd Street. 5. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on July 12, 1994. The following requirements are provided to Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Construct 5-foot wide, concrete sidewalk on Pine Street abut- ting parcel. 2. Construct 4-foot wide, concrete sidewalk on 2nd Street abut- ting parcel. 3. Construct pedestrian ramp(s) for the sidewalk at the corner of Pine Avenue and 2nd Street. 4. Relocate irrigation facilities out of right-of-way. STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. 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 .cnditionai .,se~'~?eri~ian ~nd Street and~r.e :venue -.ae °~. request ~~r modification, variance or wai~~~er of any require- ment ~r ~oiicv ;utlined herein shall be made, in writing, to _he ~ianaaer of EnQineerinQ Services within i5 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. 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I I ~ z = o - _~ ~ f OCOO~D6Ll9a _ - :n I I ~ I ° I OL1000ZL9Sa - U-OlL6Zi9a I SOOO 06119a I ~ ~ g o I SZ>0115Z19a 1 ~ ~J1 19a I OLt000Z19Sa 0-t000ZC9Sa I OOCOOOZ19Sa ° ° ° Ot1000Z19Sa _ SIOOl06Ll9M 090000bZ i - ' I S-t0 i9a ~ l0-Ol06ll9a I I 9a (f~ I , SC-OOOZL9Sa 1 s ~ I O-1000tL95a ~ I a O6Ll9a SZOOl06Zl S-00pyyLl9a I O6t000LI'35a I I I ~ 09/pSL1R19M O6COl I ~...~ ~ SZIOCOZL95a ZZ5Zl9a ~ I~ ~_ OLt03a6Z19a ~gtOl06Zl9a I SCOOl06Zl9a I ...i ~.Y00 ZI9a SOSOOOeC~Ga a3-OOOLL9Sa I S1f000ZL992A C91000ZL9Sa I S-OOlO6Zl98 OflI04~'eZl9tl 06Ll9a , I ~ ~l9a SISOOOZ Sa O11000LL9Sa ~ I :_9Zi9a1 j~ OLCOl I SSOOl06Ll9a SZOOO I cLwnott9sa se-olokn9a nec~,ns,lc~ I ~ ~ . ~~ - ~ ~ .~ , . ! • Meridian Planning & Zoning August 9, 1994 Page 6 MOTION CARRIED: All Yea ITEM #5: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR JOSEPH AND MARY daROSA REQUEST FOR A CONDITIONAL USE PERMIT: Johnson: Any items you wish to discuss concerning those findings of fact you have before you? We need a motion on the findings of fact? Hepper: Mr. Chairman I move the Meridian Planning and Zoning Commission hereby adopts and approves these findings of fact. Alidjani: Second Johnson: Moved and seconded to approve the findings of fact and conclusions of law as prepared by the City Attorney, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Absent, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Johnson: Decision or recommendation for the City Council. Hepper: Mr. Chairman, I move the Meridian Planning & 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. Alidjani: Second Johnson: It has been moved and seconded to pass a recommendation onto the City Council as stated all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR GROVE RUN SUBDIVISION REQUEST FOR ANNEXATION AND ZONING BY JLG BUILDERS: Johnson: Same scenario, any discussion regarding the findings of fact and conclusions of law? Alidjani: Mr. Chairman I make a motion that the Meridian Planning and Zoning • ~ ORIGINAL MERIDIAN PLANNING & ZONING COMMISSION MEETING: August 9,1994 APPLICANT: JOSEPH AND MARY daROSA ~ AGENDA ITEM NUMBER: 5 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT REQUEST 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ ~' ~ ~ -~ j 4~ I ~ ~ / ~~~' ~i~ r,NtiC 1 ~~ s ~ ,~ ~? u-s ~ ~ ~~ OTHER: `~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JOSEPH D. AND MARY F. da ROSA CONDITIONAL USE PERMIT 134 EAST PINE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing July 12, 1994, at the hour of 7:30 o'clock p.m., the Petitioner, Manuel da Rosa, appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: 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 July 12, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 12, 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; 2. That the property is located within the City of Meridian; the property is described as a two-story home built in 1903 which applicant would like to turn into professional offices, FINDINGS OF FACT AND CONCLUSIONS OF LAW/da ROSA PAGE 1 • • retail and related businesses, whereby keeping the home as a landmark in the City of Meridian. 3. That the property is zoned Old Town, which requires a conditional use permit for the operation of professional offices, retail and or related businesses which the application requests. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 10. as follows: (OT) Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409 B. 6. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW/da ROSA PAGE 2 • • 7. That sewer, water, electricity, gas and cooling is available to the property and fully operable; that Applicant would like to get the sidewalk condemned and is looking further into that with Ada County Highway District. 9. That the City Engineer, City Planning Director, Ada County Highway District (ACRD), Central District Health Department, and Fire Department have submitted comments and they are incorporated herein as if set forth in full herein. 10. That City Planning Director, Shari Stiles commented to the parking situation in Old Town; that current Zoning Ordinance required adequate off-street parking; that as the City continues to plan the downtown -core and work with developers to provide public parking facilities, the shortfall of parking should be alleviated; that for professional office space the required parking spaces would be six (6) and for retail space the requirement is thirteen (13) parking spaces; that in conjunction with a five (5) foot sidewalk and pedestrian ramp installation, seven (7) parking spaces could be made available adjacent to Pine Avenue and Second Street; that the existing irrigation system will need to be tiled to continue historical flow to downstream users; that the Applicant's request for a conditional use permit is the result of a lot of time, effort and money spent by the Applicant's to restore the 1903 residence. 11. That there was no testimony objecting to the application. FINDINGS OF FACT AND CONCLUSIONS OF LAW/da ROSA PAGE 3 • 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 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; 4. 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. b. The use should be harmonious with and in accordance with the Comprehensive Plan but FINDINGS OF FACT AND CONCLUSIONS OF LAW/da ROSA PAGE 4 • the Zoning Ordinance requires 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. 5. That the comments of the City Engineer, Ada County Highway District and Nampa & Meridian Irrigation must be met and complied with. 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, the Fire and Life Safety Code, all parking and landscaping requirements; the Applicant will need to apply for a variance regarding the off-street parking. FINDINGS OF FACT AND CONCLUSIONS OF LAW/da ROSA PAGE 5 • 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 VOTED VOTED `G VOTED VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION 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. MOTION: APPROVED DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW/da ROSA PAGE 6 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of ~~ Fact and Conclusions this ~6 ~" day of ~'~ y~f~ , 1994. ROLL CALL COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTED VOTED VOTED VOTED (INITIAL) ~ ~`~ APPROVED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~ GC ~©~~-' ~ ? • • ~= ~=-.-1 L~1~ LI GLENPJ J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary T0: ~~~.~~~~ J U L 1 2 1994 July 7, 1994 JOSEPH & MARY DA ROSA 2615 SPRINGWOOD DRIVE MERIDIAN ID 83642 FROM: Larry Sale p i Developm e SUBJECT: MERIDIAN CU - NORTHWEST CORNER OF 2ND STREET & PINE AVE Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 6, 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 MERIDIAN-CITY HALL - ada county highway district 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 • ,,~ , f /~ ~^ ~ l J~~~ I ~~ ~~ENN J. RHODES, President SHERRY R. HUBER, Vice President .TAMES E. BRUCE, Secretary TO: ACHD Commission FROM: Development Services SUBJECT: Conditional Use - Meridian Northwest corner of 2nd Street (Applicant - Joesph and Mary da Drive, Meridian ID 83642) FACTS & FINDINGS: INTER-DEPARTMENT CORRESPONDENCE CUNW2PIN/DSTECH 7-6-94 DATE: July 5, 1994 and Pine Avenue Rosa, 2615 Springwood 1. Mr. and Mrs. de Rosa have applied for a conditional use permit to convert an existing dwelling into professional offices and retail businesses (2,504 square feet) located on the northwest corner of 2nd Street and Pine Avenue. 2. GENERAL INFORMATION: SQUARE FEET OF PROJECTED BUILDING - 2,504 TRAFFIC ANALYSIS ZONE - 269 L.F. OF FRONTAGE ON 2ND STREET - 90 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required 2nd Street is improved with a 48-foot street section with a broken-up 4-foot sidewalk along this parcel and a 6-foot side- walk to the north of this parcel. L.F. OF FRONTAGE ON Pine Avenue - 105 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Collector ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 80-feet REQUIRED RIGHT-OF-WAY - No additional right-of-way required Pine Avenue is improved to 53-foot street section with 4-foot sidewalk. ada county highway district 318 East 37th Boise, Idaho 83714 • Phone (208) 345-7680 t ~nn~itinnal tJse ~eridian 2nd Street and ne Avenue , July 5, 1994 Page 2 IMPACT FEE BENEFIT ZONE - Western Cities IMPACT FEE ASSESSMENT DISTRICT - West Ada 3. The applicant has proposed parallel parking on Pine Avenue and angled parking on 2nd Street. Although the businesses to the south Pine Avenue on 2nd Street currently have angled parking (street section is wider at 58-feet), staff recommends that angled parking not be allowed to contiune north on 2nd Street to this parcel. Angled parking is not currently used this section of 2nd Street. Staff does not encourage the use of angled parking in new areas of the city. The accident rate is higher with angled parking. If the City of Meridian approves angled parking for this parcel, the applicant will be required to sign license agreement that includes a hold-harmless agree- ment. 4. Staff recommends that the sidewalk be replaced with a 5-foot sidewalk on Pine Avenue and a 4-foot sidewalk on 2nd Street. 5. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on July 12, 1994. The following requirements are provided to Meridian Planning & Zoning as conditions for approval. SITE SPECIFIC REQUIREMENTS: 1. Construct 5-foot wide, concrete sidewalk on Pine Street abut- ting parcel. 2. Construct 4-foot wide, concrete sidewalk on 2nd Street abut- ting parcel. 3. Construct pedestrian ramp(s) for the sidewalk at the corner of Pine Avenue and 2nd Street. 4. Relocate irrigation facilities out of right-of-way. 5. If the City of Meridian approves angled parking, enter into a License Agreement with the District to allow for the angled parking along 2nd Street until such time as the District needs that extra right-of-way width for future street widening. The angled parking will be required to be setback from 2nd Street to prevent vehicles from backing into traffic lanes. Coordi- nate the standards for the setbacks with Traffic Services Department. Angled parking may be required to be removed by the District at any time. STANDARD REQUIREMENTS: Conditional Us. Meridian 2nd Street a~Pine Avenue July 5, 1994 Page 3 1. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. 3. 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. 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BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chlef W.L. "BILL" GORDON, Police Chfef WAVNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-0433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-221 I COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Planning & Zoning From: Gary D. Smith, PE RE: JOSEPH AND MARY daR SA (Conditional Use Permit) I have reviewed this submittal and offer the following comments: July 11, 1994 Commercial use areas require off-street parking in accord with ordinance Section 2-414-A. The design standards for off street parking are listed under ordinance Section 2-414-D. 2. The water and sewer use of the proposed commercial use will need to be evaluated for possible reassessment. In order to do this evaluation we need to know what use the building will have. * ~, ~ • Meridian Planning & Zoning July 12, 1994 Page 18 Commission on the Conditional use permit? Any comments from staff? Any comments from Mr. Smith? Hearing none, seeing no one I will now close the public hearing. We need action on conditional use application. Rountree: Mr. Chairman, I move that we have findings of fact and conclusions of law prepared on the conditional use permit. Shearer: Second Johnson: We have a motion and a second to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR JOSEPH AND MARY daROSA: Johnson: I will now open the public hearing, if a representative is here for the applicant would you please come forward at this time. Manuel daRosa, 2615 Springwood Drive, was sworn by the City Attorney. daRosa: Currently we are working on the ACHD requirements which is to replace the sidewalk and also the pipe the Nampa Irrigation that runs on East 2nd street. I have 4 bids on the sidewalk now and it should be done within 2 to 4 weeks. Johnson: Are you basically saying, without putting words in your mouth that you have no problem with any of the other recommendations from ACHD? daRosa: No, we have no problems. Johnson: And do you have the comments from the Planning Director, Shari Stiles, they are dated today. daRosa: No I have not Johnson: We will make a copy available to you. daRosa: I would like to make one request and that is if I could I would tike the sidewalk itself is in pretty bad shape and I would like to know if I can get that condemned? I spoke with 2 of the contractors and they said that if I can get that condemned that it would not ~w • • Meridian Planning & Zoning July 12, 1994 Page 19 be necessary to pay for a permit. Johnson: Mr. Crookston, are you familiar with any law regarding that, is that in our jurisdiction anyway? Crookston: If it is in the public right of way which it probably is, you are going to have to go though ACRD and work that out with them. daRosa: I did call Cal at ACRD today and he basically told me no but they truly did not know a yes or no answer. So, maybe I should look further into that. Johnson: Thank you, any other questions of Mr. daRosa. Rountree: I would like to have you explain a little bit about what you are proposing for the property. daRosa: 1 am proposing that we turn this residence, it is a 2 story home built in 1902 1 would like to keep it a land mark in the City of Meridian, I want to put professional and or retail offices in there, such as a law firm or real estate agency. It is a pretty old home and I would like to keep it a part of the City. Johnson: What is the address of the property? daRosa: 134 East Pine Street. Johnson: Any other questions? This is a public hearing anyone else like to address the Commission on this item? Any comments from staff? Seeing no one then I will close the public hearing. What action would you like to take on the conditional use permit. Rountree: Mr. Chairman, f make a motion that we have findings of fact and conclusions of law prepared by the City Attorney. Hepper: Second Johnson: It is moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: PUBLIC HEARING: ANNEXATION AND ZONING REQUEST FOR GROVE RUN SUBDIVISION BY JLG BUILDERS: u • C~OG°'~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION JOSEPH D. AND MARY F. da ROSA CONDITIONAL USE PERMIT 134 EAST PINE MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having come on for public hearing July 12, 1994, at the hour of 7:30 o'clock p.m., the Petitioner, Manuel da Rosa, appearing in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: 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 July 12, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 12, 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; 2. That the property is located within the City of Meridian; the property is described as a two-story home built in 1903 which applicant would like to turn into professional offices, FINDINGS OF FACT AND CONCLUSIONS OF LAW/da ROSA PAGE 1 • retail and related businesses, whereby keeping the home as a landmark in the City of Meridian. 3. That the property is zoned Old Town, which requires a conditional use permit for the operation of professional offices, retail and or related businesses which the application requests. 4. That the Old Town District is described in the Zoning Ordinance, 11-2-408 B. 10. as follows: (OTl Old Town District: The purpose of the (OT) District is to accommodate and encourage further expansion of the historical core of the community; to delineate a centralized activity center and to encourage its renewal, revitalization and growth as the public, and quasi-public, cultural, financial and recreational center of the City. A variety of these uses integrated ,with general business, medium-high to high density residential, and other related uses is encouraged in an effort to provide the appropriate mix of activities necessary to establish a truly urban City Center. The District shall be served by Municipal Water and Sewer systems of the City of Meridian. Development in this district must give attention to the handling of high volumes of traffic, adequate parking, and pedestrian movement, and provide strip commercial development, and must be approved as a conditional use, unless otherwise permitted. 5. That the use proposed by Applicant is a specifically allowed conditional use in the Zoning Schedule of Use Control, 11- 2-409 B. 6. That proper notice has been given as required by law and all procedures before the Planning and Zoning Commission have been given and followed. FINDINGS OF FACT AND CONCLUSIONS OF LAW/da ROSA PAGE 2 • 7. That .sewer, water, electricity, gas and cooling is available to the property and fully operable; that Applicant would like to get the sidewalk condemned and is looking further into that with Ada County Highway District. 9. That the City Engineer, City Planning Director, Ada County Highway District (ACHD), Central District Health Department, and Fire Department have submitted comments and they are incorporated herein as if set forth in full herein. 10. That City Planning Director, Shari Stiles commented to the parking situation in Old Town; that current Zoning Ordinance required adequate off-street parking; that as the City continues to plan the downtown core and work with developers to provide public parking facilities, the shortfall of parking should be alleviated; that for professional office space the required parking spaces would be six (6) and for retail space the requirement is thirteen (13) parking spaces; that in conjunction with a five (5) foot sidewalk and pedestrian ramp installation, seven (7) parking spaces could be made available adjacent to Pine Avenue and Second Street; that the existing irrigation system will need to be tiled to continue historical flow to downstream users; that the Applicant's request for a conditional use permit is the result of a lot of time, effort and money spent by the Applicant's to restore the 1903 residence. 11. That there was no testimony objecting to the application. FINDINGS OF FACT AND CONCLUSIONS OF LAW/da ROSA PAGE 3 • 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 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; 4. 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. b. The use should be harmonious with and in accordance with the Comprehensive Plan but FINDINGS OF FACT AND CONCLUSIONS OF LAW/da ROSA PAGE 4 • the Zoning Ordinance requires 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. 5. That the comments of the City Engineer, Ada County Highway District and Nampa & Meridian Irrigation must be met and complied with. 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, the Fire and Life Safety Code, all parking and landscaping requirements; the Applicant will need to apply for a variance regarding the off-street parking. FINDINGS OF FACT AND CONCLUSIONS OF LAW/da ROSA PAGE 5 • • 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 `G VOTED VOTED VOTED DECISION AND RECOMMENDATION 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. MOTION: APPROVED DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW/da ROSA PAGE 6