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Louie's Restaurant CUPOFFICIALS HUB OF TREASURE VALLEY N I ~ ~B R w~LLIAM G. BERG, JR., Clty Clerk „MICE L GASS Cit Treasurer A Good Place to Live WALT W. MORROW, President RO . , y GARY D. SMITH, P.E., City Engineer BRU CITY OF MERIDIAN NALD R. TOLSMA CHARLES M. ROUNTREE CE D. STUART, Water Works Supt. GLENN R. BENTLEY JOHN T. SHAWCROFT, waste water supt. DENNIS J. SUMMERS, Parks Supt. 33 EAST IDAHO SHARI L. STILES, P 14 Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS Fire Chief Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman , W.L. "BILL" GORDON, Police Chief Public WorksBuilding Department (208) 887-2211 TIM HEPPER WAYNE G. CROOKSTON, JR., Attorney Motor Veliicle/Drivers License (208) 888-4443 JIM SHEARER ' GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY 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: August 6. 1996 TRANSMITTAL DATE: 7/23/96 HEARING DATE: 8/ 13/96 REQUEST: Conditional Use permit for an Italian Restaurant BY: Chris Mallane LOCATION OF PROPERTY OR PROJECT: North of Fairview Avenue, in front of Capital Christian Center JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z -GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR -RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C -WALT MORROW, C/C -GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIP-TION 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(PREUM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY ATTORNEY CITY ENGINEER CITY PLANNER MAY 23 ' S6 14 ~ 45 F. , ~.. ~ ~' I D I AN 206 887 c1813 TO 34x2689 Arz~LICATxox ~o A oMmrr~to N IYAL USfi pERNilT NAME: A~DDRE P. 01'7 GENERA>/ ~.pCATION: / !~ C t'P~ i ""' 1'1ri'i /1~' ;?L C A i OESCI7IPTION pF PEOPOSfib COxDi h ~,-. s-~o- ~ r'1 CsZ ~~_~' ~ ,., 'CXOIYAL USE: ~ ~' i t~'~'r'~"?~~'~1 s~~ ~r ~ 2ONIIVC CLAS$IFIGA7fiON: ~ -~ PL.t1N: A plan of the ,~rnposect site Iinr the Cvnalitional aye shgwin the buildingti, lw,rkuig and loading; areas traffic g ku'~Non of alt spaces, lanclsca~ing, refuse aad ~~ access and traffic cir+culatian, open copirs). areas, utilities, signs and yards (subrrut 30 ~. .~. agnaturc of Applicant i.,EGAL NCITIGE qF PUBLtC I3FAlt1NG Pur~cuant to cw7eblishect procedure, NO'ITGE TS $y C31VEN that the Mcridiari Plaunin and Zoning ~mmissian wi11 hold $ Public Heer3n ~ . ~ in the Meridian City HAIL on at _.. m . The purpose ot` the Hearing is to naru~ic3cr a CONDI'1'ION~, USB p~Mll, submitted by far the proP~3' generally described as located at SLJ8DIV1SrON, BLOCK ,LOT TO CONTENTS OF CONDITIONAL USE APPLICATION 1. Applicant: Chris Mallane C\O Louie's Pizza & Italian Restaurant P.O. Box 1614 Boise, ID 83701 (208) 344-5200 2. Property Owner: Capital Christian Center C\O Bob Hanbest P.O.368 Meridian, ID 83680 (208) 888-1060 3. Parcel # 8526 of SW 4 SE 4, Sec 5 3N lE #438525-B 4. Attached 5. Vacant 6. Vacant 7. Restaurant 8. LO 9. Enclosed 1 D. We feel that this section of Meridian with all of the new business parks, and the increasing number of households in the area make this a desirable location for our type of business. It is nicely located between the downtown area of Meridian, and in close proximity of Eagle Road which makes a large traffic count traveling right by the desired property. 11. Enclosed 12. Enclosed 13. We hereby agree to pay any additional sewer, water or trash fees or charges, if any associated with the use. 14. Verified 15. We agree to post the property 1 week before the hearing. P. 0. BOX 1614 BOISE, IDAHO 83701 ~c~_d ~e,~oi..___ ..... __- 87f 8211996 17: !S~ 1'0/a K1t ~„~~ MSC ~ _k • ~ I~ !•~ o!~'tDAMa a cvLli+rn- pie ,ADA i. ~ 2T~o ~':~A~r~yI~Z~` /~ Y MY - ~~ ~'~ ~~~ ~~~ ~. ~"! ~ ao~ ~ d ewAec ~# tlle: p~+ep~egr dew Om tbt mod. aad t ~saari i 1~~.~ to ~ab~ ~, ~~ ~ y~ra-. iii ~~ ~ ~ ~ ~ ~0 ~ ~i aQD'ti~tl~! p~~/~e+~ ~ 1~ d~ lub~t aEthe ~ppUas~ ct~e eau. 1 ~ ~ ,t ~L ~o ~~ ~ ~~a~sa~ ~e~r•at~r.~r~t.~. ~b ~Iri~d-~s ~~ tc, •,~ ~~~CO~~ a t ~-1~7d~' q ' (T ("t- ,~~~ I O z (f1~ ?,s~ ~~ ~~ %,~ r .~ ;i ~~ ~~ J Gs.. ~ e.~ '7 F-- V, 7 M ~ i N , ~~, v M~ ~ N M 7 31dJNIM ~ vv31v NINIM-'N $ '1d 31V9N~M N n i - ~ ,. I ti. 1-' c ~ 7 i ~ M ':' N`il~.3a N a , O ~ i~ ~ I , -, _ F g I~~ I ~ W ~~ ~ ~ W ~ _ a .•~ ~i,q ~ NI1' . N 3 ~ 1 I N .~; 3 J ---r- r- --~\ , ~ , ~1 I '~ ~~ •s I ~ ~ ti-~+.. ~ .~ osi :~ Q i~~ ~ - • 1 aC ~ ~ /~ ° z ~ ,~ ~, "! ` ~ .. • / 1 '' , I ~ ~ ...~ ~ ~ ~ ~ ~~~ ~ .~ S V ~ /~ , J / f ' (~ ~ , ~* . ~ ~_ ~ ~ \ ~L ~ • ~ ~~ ~~ ~~~ ~ ~ ~ ~ r, ~ ~ ~ ~ ~ Q. ~~ -- ~ ~ _ i I ~ d 1 I M 41 ~ '~ O ~~ ~ ~~ ~ a r-- ; ~ m _ _ ~ _ I. ~ Y 1 .~ TO 88?4813 P.01 ~~~ ~~ ~ ~~.~ ~aR~M CAPYTA.L CHRIS'~IAi~T CANTER 2'760 E. ~AiR~W ~.o. $ox 36S MER.~DIAN, IDAHO 83650 .. . DATE ~ l~ ~~ Please deliver the foIIowing pages to: ~~£~ ~3EL.~u-) AT CO1bIIV~rl7S ~ l ~ ~/ffJ'J2 f ~IL~ ~~~!' a-F ~~~2 +D/~1 ~ ~ 8 8 7- ~-S~3 ,Q 2~ ~.A~tTl~EI~I-~ ~dSS ~, /+~r~~~1~~7Z ~NVE"STNI~ ~x~ 336-3~"~S We are sending pages (including this page). If you do not receive all pages please call back as soon as possible at I-203-838-I060. Qur FAX number is 1-2~8-388-9728 JUL 10 '96 15 22 PAGE.01 JUL-10-1996 14 32 FROM TO 8874813 P.02 :. 07~! 91/1996 17:04 2083353!558 MIGFd~ER INS: TMENTS W1GE 92 . ~'"~`~i!Y1'~' CfF L~Q!!t. D9'1'~tP,ST 8'I'A7E UF' IDAHO COU1+r1Y ~' pp/!r err t, . ~~rv~+r ~ z7~o ~ ~-~-i~2y~ ~~ ~ Ada R - ~ - t l.~l~ .LDi~ t+rb~ ~.t d.~r.~wea apoa ` ostb, depose ~nd.~q-: 1. ~t I aim the reoo~r~d oar ~ ~ piv~ly des+cxlbed as the a~acb~, and Y fan . ~saa~s,~ to anbnut ~ appLcat#on pa's to tit parer. ~. t ~a m lnd. da:~d wd ~ ~ sad xs nm~ldyoee- 6a~sse i"eoa~ oe ~ t ~ ~!e ~ ~w~hiah !~ the tie eta~~ aox~f~l~ut A DroP~ aubjt~t pion ~~ ~u~~ 1~ a~ bdne~ m~ tba Qay gad mar first abuse ~otsry Pis for Id~si~o~ b~ t7a~a~«~.a $~w; ~. ~oT,~r _ , * ~~ ~ ~'vsti1~ o r ~~ TOTAL P.02 JUL 10 '96 15 22 PAGE.02 ti ~ c~ n~o SHERRY R. HUGER, President SUSAN S. EASTI.AKE, Vice President JAMES E. BRUCE, Secretary August 5, 1996 Chris Mallane c/o Louie's Pizza & Italian Restaurant P.O. Box 1614 Boise ID 83701 Re: Staff Level Approval MCU-21-96 Fairview Ave w/o Hickory Wy Two restaurants Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the above referenced application requesting conditional use approval to construct two restaurants, each having 8,000-square feet of floor area. The site is located on the north side of Fairview Avenue approximately 470-feet west of Hickory Way. This development is estimated to generate 1,500 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan received by the City`of Meridian and submitted to the District on Jrly 26, 1996, has been reviewed by the ACHD Development Services staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This item will not be heardby the ACHD. Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Development Services staff decision is submitted as described within *he Standard Requirements outlined below. The following requirements are provided as recommendations for conditions of approval to the City of Eagle: Site Specific Requirements: Comply with the requirements of Angel Park Subdivision (formerly Capital Park). For this lot's frontage, direct lot access to Fairview Avenue was restricted on the subdivision to one driveway located a minimum of 460-feet west of the near curb on Hickory Way. The driveway was (is) required to be a 40-foot wide (maximum) curb return approach. ada county highway district 318 East 37th • Gorse, Idaho 83714-6499 • Phone (208) 345-7680 2. Dedicate 54-feet of right-of--way from the ultimate street centerline of Fairview Avenue abutting the parcel (4 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 3. Provide a cross access agreement for shared access to Fairview Avenue for the abutting parcels to the east and north. This may be in the form of a note on the plat or by a separate recorded document, which then should be referenced on the plat 4. Install a stop sign on every unsignalized approach of a project access to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project access is first accessible to the motoring public. 5. Provide a $3,200 deposit to the Public Rights-of--Way 'Trust Fund for this development's share of cost of a traffic signal (4-percent of $80,000)~at the intersection of,~airview Avenue and Hickory Way, prior to issuance of any required permits or District approval of a final plat, whichever occurs first. '' ~: ~. ~y Standard Requirements: 1 2. ~. This decision of the Development Services.. Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by an owner of property within 300-feet of the parcel within 15 calender days from,the date of this report. The request shall specifically regl~~rement would result in a-substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calender days of the District's receipt of the appeal letter. ~'Tfie appellant will be notified of the date and time of the Commission meeting. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. a request for reconsideration shall specifically id -n ' each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the MCII2196.WPD Page 2 r Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment_ of applicable road impact fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District:approval for occupancy. 7. Any change by the applicant in the planned use of the property'which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the,xime the apphcant'or its successors in interest advises the Highway District of its intent to .change the planned "use of the subject property unless awaiver/variance of said requirements. or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. ~. ..,> ,. 8. No change in the terms and conditions of ths_approval shall be valid unless they are in writing and signed by the applicant or the applicant's au~iorized representative and an authorized representative of the Ada County Highway ,District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. MCU2196. WPD Page 3 `t' Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACRD Development Services staff at 345-7662. Sincerely, Larry Sale Development Services Supervisor cc: Project file Lead agency ,~~ . _ ,; ~ - ., ,~.~ N... x.~ .. MCU2196.WPD Page 4 ~ t`7b~ .----- __- - r ~ ^ I -- ~ --- ~. i I •• Z ~ T 4 ~ ~ ,~.~ ~ ~ \, ~ ~ 1 ~~ L ~~ y ~ J •~ . J ~J ~ ~ C ~ E .. C VJ ~~ 4 ^- .. ~~ ~ ~ •~~~~~• r, ~- v I n - ~ I C I /^ J o N ,v-\//// ---4i ~~-~ ~ld 311'9N'M N ~~~ ^ g r f ~ ~ ,.~ .3 ,~, v ~ ~ - ;,- .~ : ; U 'v\ ~~ • / / ' ~~ i ~ / ~ ` ~ ~ / \\111 1 '"`" '~ /ti ~~ ` ~` ~f ~ ~ / / _ _ ~~ ••` ~\ ~ ~ n I N ~-~~ {I H ~ i G,~ a i ~ a• ~ ~.. it c'~ L+ ~ ~ ' ,~y WILLIAM G. BERG, JR., Clty 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 L. STILES, P & Z Administratgr PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE Y~9d,LEY A Good Place to Live CITY OF MET~,IDIAN 33 EAST IDAHO MERIDIAN, IDAH©84642 Phone (208) 888-4433 • FAX (2tffi} ti87-4813 Public WorksBuilding Dtpartment{208) 887-2211 Motor Ve~iicle/Drivers Licxnse (20B) 888-4443 ROBERT D. CORR>E Mayor SUN I ~~Fti"-BERG WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & OMMI ION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY 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 8i Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Aiuaust 6. 1996 TRANSMITTAL DATE: 7/23/96 HEARING DATE: 8/ 13/96 REQUEST: Conditional U se permit for an Italian Restaurant BY:___Chris Mallane LOCATION OF PROPERTY OR PROJECT: North of Fairview Avenue in front of Capital Christian Center JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM 8 FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELlItA & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECtAMATION(PRELIM ~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPAR'T`MENT OTHER: FIRE DEPARTMENT POLICE DEPARTMENT YOUR CONCISE REMARKS: CITY ATTORNEY CITY ENGINEER CITY PLANNER 'v/ILLIAM G. BERG, JR., City 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z AdministratGr PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, 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 Worlcs/Building DepaRment (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBER WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations wi(I be considered by the Meridian Planning Sz Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August ~. 1996 TRANSMITTAL DATE: 7/23/96 HEARING DATE: 8/13/96 REQUEST: Conditional Use permit for an Italia Restaurant BY: Chris Mallane LOCATION OF PROPERTY OR PROJECT: North of Fairview Avenue in front of Capital Christian Center JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION ~~~~ =~' ~° ~ ;` TIM HEPPER, P2 CENTRAL DISTRICT HEALTH. ~~J BOB CORRIE, MAYOR NAMPA MERIDWN IRRIGATION DISTRICT ''~ ~ RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) ~I•'~'' ~~ ~'•-"= ~= ~ ~`•, • WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PREUM & FINAL PLAT] SEWER DEPARTMENT ' CITY FILES BUILDING DEPAR ~ MENT OTHER: ~ S- ( ,~ FIRE DEPARTMENT ~ YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER ,ri--; ;,4/ ~`2,r /~~ f w, `L riot h A~ e CITY PLANNER ~- `^ah ~•.~ ~i {l,. f i S ~csr~ i -F /~•S r- C~1~.~-~ ,~ ^1?@":^ N ~A E^ ~a N Fy;d pct'' y ~ p ~ co~ m n ~ [+7 C+J ~ ~ a a w a w ~ Z .e '~ ran 7~ w-•A ~ O ~ a~ ~' ~ Z y ~~ ~ E~ O A Z ~ =• r .a Y CC ~ O Z ~ '~+ p, C O Z r gn `"~ ~° '~ m n E ~ ~ = A n O ~ ~ m w c0 s7 l a N d s u ' " _ ~ N I H ~ . 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Fi 'v °~ O ~.. U ~R .7 fm^i N ~~3 ~a w'~ R3 ~~ E =• ~~ _f 'o^ $ 'Ti m o ~ < ~ y m ~ z a a :~ ."r ~ N vo-°' o °. - -., a ,a c - w a~ 00 ~_ N O 'T A ,p ~~ ~ c. a~ m ~_~ -- ~ ~ A 0=y0 N ~ m~3 ~ 3- ~ C 4H 3 X~ ~~ $, E a ~o ~ E D 9 Z p .. m A c Z O m A O O m A z O s 3 m n m oc~n~ SHERRY R. HUBER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary August 5, 1996 Chris Mallane c/o Louie's Pizza & Italian Restaurant P.O. Box 1614 Boise ID 83701 Re: Staff Level Approval MCU-21-96 Fairview 'Ave w/o Hickory Wy Two restaurants Facts and Findings: A. The Ada County Highway District (ACHD) staff has received the-above referenced application requesting conditional use approval to construct two restaurants, each having 8,000-square feet of floor area. The site is located on the north side: of Fairview Avenue approximately 470-feet west of Hickory Way. This development is estimated. to generate 1,500 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan received.by the City of Meridian and submitted to the District on July 26, 1996, has been reviewed by the ACHD_De~~elopment Services staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This item will not be heard by the ACRD. Commission unless the site plan is changed in such a manner as-to not conform with District standards/policy or an appeal of the Development Services staff decision is submitted. as described within the Standard Requirements outlined below. The following requirements are provided as recommendations for conditions of approval to the City of Eagle: Site Specific Requirements: 1. Comply with the requirements of Angel Park Subdivision (formerly Capital Park). For this lot's frontage, direct lot access to Fairview Avenue was restricted on the subdivision to one driveway located a minimum of 460-feet west of the near curb on Hickory Way. The driveway was (is) required to be a 40-foot wide (maximum) curb return approach. ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 2. Dedicate 54-feet of right-of--way from the ultimate street centerline of Fairview Avenue abutting the parcel (4 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit wne. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 3. Provide a cross access agreement for shared access to Fairview Avenue for the abutting parcels to the east and- north. This may be in the form of a note on the plat or by a separate recorded document, which then should be referenced on the plat 4. Install a stop sign on every unsignalized approach of a project access to arr intersection involving a collector or arterial as the cross-street. The stop sign shalt be installed when the project access is first accessible to the motoring public. - 5. Provide a $3,200 deposit to the Public Rights-of-Way Trust Fund: for this development's share of cost of a traffic signal (4-percent of $80,000)''at the intersection of Fairview Avenue and Hickory Way, prior to issuance of any required: permits or District approval of a final plat, whichever occurs first. Standard Requirements: 1. This decision of the Development Seri ices Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by an owner of property within 300-feet of the parcel within 15 calender days from-the date of this report. The re uest shall specifically i t' each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity The request will be heard by the District Commission at an evening meeting within 20 calender days of the District's receipt of the appeal letter. The. appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the MCU2196. WPD Page 2 Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact_fees are required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations; ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements. or other legal relief is granted pursuant to the law in effect at the time the change in use is sought.. :~.,, 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway,District. The burden shall be upon the applicant to obtain written confirmation of any. change from the Ada County Highway District. MCU2196. WPD Page 3 Conclusion of Law: 1. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the ACHD Development Services staff at 345-7662. Sincerely, Larry Sale Development Services Supervisor cc: Project file Lead agency ~a ~,. ~` r~ ~. =.i, MCU2196.WPD Page 4 ~ ~ `7 b ~ ----- - _ - • ~ , ~'~ :,'~ z ~~ c~ . ~ ~ 4 ~ a ~ S L \~ ~ J •s e ~ ~ ~ ~ c ~ ~ .. ~. a ~ J (~ ^'- .. ~I ~ ~ /~~~ {I j ~31v~r~i~n ti 3,y 3~ 8 ,- 'ld 31V9N~M N ` ,- ~, ~ ~ c i W M~„__ ~ W ~ .,~~ ; ,~ - V ~ \~/ ~ / ~; ~ 4 "! . i ,~~ ! / i i .0 11i •~~ f m . i w ~~ ~,.' ~ i -~ ~~I v ~ ., I '' ~~ ~`~~~% s a•~~~ i - ~_ ~ - \ ~~ ` ~, ~_ I ~ ~ " C'-~ ~ ~--~--- G~ d ' Q ~ .. ~ J1 ,~ ~`qp. -~ i--- . • CENTRAL CEN l rZAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division ~11'HEALTH _~ _ ' _ :x.~ :_ DEPARTMENT ~ - Rezone ## Conditional Use# .Li~Yl.~,sl-/~ ,~t-=~JJZ~y~/T' - Preliminary /Final /Short Plat Return to: ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz ^ I. We have No 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. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ~, 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ~ central sewage ^ community sewage system ^ commun~y water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. 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 ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ~. 14. We will require plans be submitted for a plan review for any: ,i>~.food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 15. .S7~7i1/L1Wit727Z .Nl ~jv ~s~/'- G~/7~~'~ u- / S Date:/ ~ /~ if-""`-i9-Lf~'7~ • Reviewed By: CDHD ID/91 rcb, rcv. I/95 TH ENT MAIN OFFICE ~ 701 N. ARMSTRONG PL • 801SE.10.83704 •(208) 375.521 T • fq)(: 327-8,500 To prevent and treat disease acid disability; to promote healthy lifestyles; and to protect and promote the health and quality of our ~ STOPIVIWATER MANAGEMENT RECONIlVIENDATIONS 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) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of .Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. .~~ saving valley, Elmore, Boise, and Ada counties Aao ~ lofacoury oec. wic eoa. • wagon ~noncarrrlr oae. tinor. car+a~roeera vaarca~h~ 701 K Arnrlronq a ~eoo RabeAS 520 E blh S~ K a 6wiantMUd lNoOA v.o. 8oz t41o d~ M Cd C 8oee 0 6J704 Boas. ~. MauMdn Horne. ~D. IW 5. dth Sheet E . c . . Etwio. H9atlh J27.1499 8J705 Ph. 3J4335S bJ641 PR SB7•da07 MoWOn HOme.10. Ph 0341t9r FAY ~rrrir~ J21.7400 J2e wridon. Q 6J6e7 PR 58]•9725 • ]27.7 83647 PA. 888-0525 ' `'1 CENTRAL •• DISTRICT WHEAL DEPARTM WILLIAM G. BERG, JR., Clty 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administretof PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASi1~E VALLEY A Good Place ~ Lire CITY OF IRIDIAN 33 EAST IUAr,HO MERIDIAN, IDAI910 83642 Phone (208) 885-4433 • FA76 (20i) 887-4813 Public WorksBuilding Depmoaent (208) 887-2211 Motor Ve~icle/Drivecs lime (206) 888-4443 . ROBERT D. Mayor ~llNGIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P b 2 COMMI ION JIIAJOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMiiJNTS 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: August 6. 1996 TRANSMITTAL DATE: 7/23/96 I~IEARING DATE: 8/ 13/96 REQUEST: Conditional Use permit for an Italian Restaurant BY:_ Chris Mallane LOCATION OF PROPERTY OR PROJECT:. North of Fairview Avenue, in front of Capital Christian Center JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) JIM SHEARER, P/Z ADA COUNTI' HIGHWAY DISTRICT GREG OSLUND, P2 ADA PLAIW~iG ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA NI6ttDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PREUM 8~ FINAL PLAT) WALT MORROW, C/C U.S. WEST(PtriEUM 8~ FINAL PLAT) GLENN BENTLEY, C/C INTERMOUM•AlEV GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT -~C SEWER DEPARTMENT BUREAU OF RECLAMATION(PREUM 8~ FINAL PLAT) CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REIIAARKS: ~, . ~ ; ; ,, : ; ! ,~ _~ ,, ,.~ POLICE DEPARTMENT CITY ATTORNEY ~<<,.:, ~~::r'i';~ ex'ft:..~ ; F,h-~ ~~~~ ', ~;1 ~<`+- - r, CITY ENGINEER - , ~ .;,~ ~, /,re„~; ,,, : /c ~. ~ CITY PLANNER ~ ; ~ : r ., 02/17/2000 16:48 02/17/2000 14:18 9394041 •3n; • 3;37-6393 i ~ d;~ C y ~f ~ Judy Peavey-Derr, President Dave Givens, Vic6 Prestdent Marlyss Meyer, Secretary Sherry R. Huber, Commissioner Susan S. Eastlake, Commissioner February 17, 2004 The ,Land Group, Jrtc. Attra~ Phil Hull l28 S. Eagle Road Eagle, Ida.bo 83616 PAGE 02 PAGE @1!F~1 py YJi btrict 318 East 37th Street Garden Clty, Idaho 83714-6499 Phone (208) 387-6100 Fax (208) 397-6391 e-mail: tellus~achd.ada.id.us R~: MSPR-09-t)0//Fatrview w/o ,Hickory Way /Louie's Pitzu & ItaliAn Resttluralnt PLANS REVIEW' O . ~i 'ate location o;f the proposed driveway on Faits~iew .for this project, as measured 382-feet east of the westrrn property line, i.g appr<~vcd ivitl7 This application. This fetter shall not constitute >Tal~ ac~eptAnce of the impro~•emept plans. For the Ada Cotmty Highw•av District to accept the plans for the above referenced project, please complete the following requirements: Please com.pletr the dedication of right-of--way on Fairview .avenue abutting the parcel. Provide a legal, description for that portion of the S-foot aide concrete sidewalk on Fairview Avenue located ~~utside of the public right-of-way. Tie District will prepare a sidewalk easement that shall he signed by the applicant prior to plans acceptance. Please prc-~~ide four ,;t,pies of the civil drawings showing required improvements and statttped by a ci~•il engineer registered in the State of Idaho. Standard Requirements: 1 ~ 1_Jtiliry street ruts to new pavement legs than five years old are not allowed unless approved in writing by the Cirstrict. 2• Relocate all abo~~e ground utilities and other obstruetiozts from t,hC curb, gutter, sidewalk and street areas unless specifically approved by Flarttting and )development. 3. A.11 irrigation .r'acilrriec must be located outside the public right-of-way unless otherwise approved b~ the t)rstrict. 4. Replace damaged cr.rrb, gutter, and sidewalk with new curb. gutter., and sidewalk to match existing improvements. 5• All facilities to be c~mgitveted with a proposed development, and to be owned and maintained by the District. rnu>,t he cgngtructed according ter the latest edition of 1~S,P.~t',C. and the District's Supplemental standard Speci,ficativns. 6. Any work in the public right-of-«~ay tegtrires a permit from ACRD Construction Servicts. 7• An engineer r•e8rstered in the State of Idaho shall prepare and crrtif~-all improvement plans. 1f you have am' questions ~~r• c~;r~~erns, pleasr fee( t«e to contact me at ?8?-G176. Since elv, Lowe Planeinl; and Development THE LAND GROUP ACRD PLANNIt•JG .. _. 05/23/01 10:53 FA%„208 343 4925 CSDI CONSTRLiCTION, INC. 0002 ~. ~ ~ ~ - Construction, Inc, . ~ ~ ,~ May 23, 2001 ~ • , , ~ , . Attention: ~ ~ ~ • ' ' ~ ~ • . Mr. Stephen Siddoway ~ ~ ~ ~ ~ . ~ ,• - Planner City of Meridian ,~ ~ ~ ' re: ', South West 17rainage pond at Louise's restaurant 2500 Fairview Avenue ' Dear Steve, ' ~ We respectfully request our deposit less $1,200~pending repair of the above mentioned , retention pond. We are meeting with the subcontractors next week and will have this repaired in the next 20 days. Thank you for you consideration. ~ ~ ,, ' I_ . Respectfully, ~ ~ . ~ . ' .. ~, ~ ~ . Jeffrey Langan ~ ~ . . Project Manager f , . - ~ ~ , 200 North 6th Street; Suite 200 • Boise, Idaho 6370 Phone 208/338-5973 Fax 208/343-4925 HP LaserJet 3100 SEND CONFIRMATION REPORT for Printer/Fax/Copier/Scanner City of Meridian 2088886854 Feb-25-00 1:27PM Job Start Time Usage Phone Number or ID Type Pages Mode Status 368 2/25 1 :25PM 1 ' 16" 9394041 Send .............. 2/ 2 96 Completed........................................ dotal 1'16" Pages Sent: 2 Pages Printed: 0 • MAYOR HUB OF TREASURE VALLEY Rahen D. Cane A Osod Plxe ro Live IJgAL UB-ARIla0/T CITY OF Dpi A4N99 • Wa 3M1ral CITY COUNCIL MBMBBRS MERIDIAN PUBLIC woaRs Ran wndman ~.t P.AST IDAHO aUILDa10 n8PAa1MaNT Keim Bird MERIDUN, IDAHO Rted2 (ia)pT'uli •Pea M-tm 1Smmy deweetd (30a)Batae3]•Pee lap81887~a1J PLaNNat0 AND7dImp c7bae MrCrdlw Ciq Clak ~ Pa (teB) a9adt18 tiBPARrtaerrr fall) p4r5)7 • Put t1tMS1 CERTIFICATE OF ZONING COjVIPLIANCE• Date; 5 2 Owner: Mallane Family tC nt e.l' ' y g3q.yyy, Addmss:sFairview Avenee ( noel og.k C ,~•iyjyionl Proposed Uae: • r t COMMENTS: Coteditio nI t .. p it. Project is subject to all conditions of the Conditional Use Permit (CUP), approved October 15, 1996. The Citys failure to specifically ideMlfy sll tegttiremmta of the CUP in !iris Certificate of Zoning Compliance dog not relieve the owner of teaporoibility for compliance. i All sigttage is subject to design review aM requiroa separate permits. No signage is permitted in ACHD rightof-wsy. No pttrtabla signs or teroporery sigttage permitted (such as A-Frames). PldSipg: Standard artd handicap accessible Perking tegttiretlxnts ate met by the plan. Dimeasiont of all parking areas shall conform to minimum dimensions e9 per city ordinance and ADA. Handicap parking spaces must have signage per ADA stattlierds. ltee>l~lhg: All trees, shrubs, and lawn areas must be planted as per the approved landscape plan. The 42 trees shown on the plan must be planted with sizes as shown on the plaD. Writtmt approval of any changes is require!; no field cluoges permitted. Im8>1114D: An tmderground, Pressurized irtigetion system must be irtalelled to all landacyted areas. ItighNeg: Lighting shall not cause glare or impact the traveling public or neighboring developmtml Undevelnoed Pronelty: The undeveloped poNitm of fhe property must be kept mowed and five from weeds over 8" in height until such time it is built out. No parking, storage or other rue is perminel on the undeveloped portion of the lot. Pl :Anew Conditional Usc Permit and/or Plat will be tequirod for the iLtule phases of the propariy Prior to approval. Future phaaea of the toaster plan ate not approved by this CZC. ~ ~B¢ettty Dead: Submit a copy of the recorded Warranty Deed showing the new rlghtrof--way dedication prior to issuance afthe Building Permit. 02/17/2000 16:48 9394041 THE LAND GROUP PAGE 01 ** TX CONFIRMATION REPORT ** DATE TIME TOiFROM 20 06109 12 22 2088886854 r To: AS OF JUN 09 '04 12 23 PAGE.01 CITY OF MERIDIAN MODE MINiSEC PGS CMD# STATUS EC--S 00'36" 002 225 OK MERIDUN City of Meridian City Clerk's Office (208) 888-4433 Fax (208) 888.4218 33 East Idaho, Meridian, ID 83642 From: Nancy Radford Fax: ~ ~ Q- CQ~'S~ Pages Phorse: Dote: ~o / 9/i~r1 Re: CG: D Urgent ^ For Review ^ Please Comment D Please Reply ^ Please Recycle MERIDIAN City of Meridian City Clerk's Office (208) 888-4433 Fax (208) 888-4218 33 East Idaho, Meridian, ID 83642 FCIX to: ~~,~/„~ ~lc~c~CX,J~ From: Nancy Radford Fax: ~ ~ g- ~I/~~ Pages: Phone: Date: ~ ~ ©Y ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle MERIDIAN PLANNING & ZONING COMMISSION MEETING: SEPTEMBER 16.1996 APPLICANT: CHRIS MALLANE AGENDA ITEM NUMBER: 6 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR CONDITIONAL USE PERMIT FOR AN ITALIAN RESTAURANT 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: SETTLtRS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~`\ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION ~ v \\~ C$RIS NnT.T.ANE ~~` I EAST FAIRVIEW AVENUE AND HICKORY WAY ~ \v BOISE MERIDIAN ADA COUNTY. IDAHO ,~~ CONDITIONAL USE MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing August 13, 1996, at the hour of 7:30 o'clock p.m., that Pete Rockwell, the Applicants architect, representing the Petitioner appeared 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 August 13, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 13, 1996, 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 and the Applicant is not the owner of the property; that the owner MALLANE CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT ~ CONCLUSIONS OF LAW Page - 1 of record is the Capital Christian Center. 3. That the property is approximately seven (7) acres; that the location is to the west of the Capital Christian .Center, north of Fairview Avenue and north of the Treasure Valley Business Center, south and east of Dove Meadows Subdivision. 4. That the property is zoned Limited Office (L-O). 5. That the L-O District is described in the Zoning Ordinance, 11-2-408 B. 7 as follows: (L-Oj LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 5. That the Application requests a conditional use permit for a Pizza and Italian restaurant. 6. That the land is not used at this time for any purpose and is not developed in any fashion. 7. That comments were received from the Assistant to the City Engineer, Bruce: Freckleton, the City Planning Director, Shari Stiles, the Meridian Police Department, Fire Department, Central District Health Department, Ada County Highway District, City Sewer Department and Nampa & Meridian Irrigation District; that such comments are incorporated herein by this reference. turnT.T.nNE CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINC~iS OF FACT & CONCLUSIONS OF LAW Pag® - 2 8. Bruce Freckleton, the Assistant to the City Engineer, commented; that his comments are incorporated herein as if set forth in full; that off-street parking, landscaping, drainage, lighting, paving and striping shall be in accordance with the standards set forth in 11-2-414; that all signage shall be in accordance with 11-2-415; that any existing wells and/or septic systems will have to be removed but that wells may be used for non- domestic purposes such as landscape irrigation; that any existing irrigation or drainage ditches crossing the property shall be tiled and that tiling plans shall be approved by the Nampa & Meridian Irrigation District or a lateral users association; that the City owns and maintains sanitary sewer and water mains in Hickory Way; that provisions were made at the time of installation of these lines that it would serve the proposed site by means of these mains; that an eight (8") inch diameter sewer main and a six (6") inch diameter water main were extended to the site at each of the driveway locations along Hickory Way; that an existing 12" diameter water main is also adjacent to the southwest corner of the development; that assessment fees for sewer and water service will be determined during the building plan review process; that in addition to these assessments, a s ewer "Later Comers" fee will also be charged against this parcel to help reimburse the parties _ responsible for installing the sewer mains which serve this development; that the Applicant will be required by, the Ada County Highway District, to construct a five (5') foot wide detached or ~utnT.T.nNE CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 meandering sidewalk along Fairview Avenue and Hickory Way and that alignment of these sidewalks shall be coordinated with the ACRD; that it is their understanding that the intersection of Hickory Way and Fairview Avenue is planned to be signalized at a future date when traffic counts warrant and speed zone reductions are also being considered for that stretch of Fairview Avenue; that the intersection has been designed without acceleration and deceleration lanes and that this creates a hazardous situation; that it is suggested that acceleration and deceleration lanes be constructed in accordance with ACRD standards; also that curb and gutter should be constructed along Fairview Avenue; that three (3) 250 watt high pressure sodium street lights still need to be installed along N. Hickory Way by the developer of the Dove Meadows Subdivision and a final plat map will need to be prepared for this development. 9. The Meridian Planning and Zoning Director, Shari Stiles, commented as fol'ows: A. This site was previously before Planning and Zoning as a planned commercial development and as a preliminary/final plat (Capital Park/Angel Park). An illegal split has now taken place; the final plat needs to be recorded prior to issuance of any building permits. All plat requirements are to be met, including sidewalks on Fairview Avenue and Hic':ory, streetlight installation, _ and •ieposit for - traffic signal installation. These items must be -= satisfied prior to issuance of building permits. B. As Fairview Avenue is an entrance corridor to the City, a landscape setback of 35' should be provided. C. That a minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of paving is required; that MALLANE CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 4 detailed landscaping plans for review and approval, including species and size, shall be submitted with the building permit application. D. Off-street parking shall be in accordance with Meridian City Ordinance and the Americans with Disabilities Act, including signage, ramping and striping; that two (2) additional handicapped stalls are required. E. That no improvements are shown adjacent to existing residential areas; with regard to these lots being screened, the preliminary/final plat requirement is to build a masonry block wall with a ten foot (10') wide planting strip adjacent to all residential areas in lieu of the twenty foot ( 20' ) planting strip; that a letter of credit or approved surety will be required for these improvements prior to signature on the final plat. F. That the Applicant is to keep weed cleared on this property before and during development. G. That screened trash enclosures are required for all trash areas. H. signage will receive design review by the Planning and Zoning staff; no signage shall be erected without a permit; that A-frame (sandwich boards) should not be permitted. I. That the Applicant/owner it to provide curbing and underground sprinkler system for all landscaped areas. J. That lighting shall meet the requirements of City Ordinance, with no glare or illumination of adjacent residential property created. Ms. Stiles added that most of the above comments deal primarily with the plat; that they are only mentioned to reiterate plat approval requirements and '.hat the current property owner must comply with all staff and agency conditions and record the final plat prior to any legal transfer of ownership. 10. That the Ada County 8ighway District submitted draft comments and they are incorporated herein as if set forth in full, turaT.T.nuE CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 as follows: 1. Comply with the requirements of Angel Park Subdivision (formerly Capital Park). For this lots frontage, direct lot access to Fairview Avenue was. restricted on the subdivision to one (1) driveway located a minimum of 460 feet west of the near curb on Hickory Way. The driveway was ( is ) required to be a 40 foot wide (maximum) curb return approach. 2. Dedicate 54 feet of right-of-way from the ultimate street centerline of Fairview Avenue abutting the parcel (4 additional feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first and owner will be compensated from available impact fee revenues; that if owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 3. Provide a cross access agreement for shared access to Fairview Avenue for the abutting parcels to the east and north. This may be in the form of a note on the plat or by a separate recorded document, which then should be referenced on the plat. 4. Install a stop sign on every unsignalized approach of a project access to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project access is first accessible to the motoring public. 5. Provide a $3,200 deposit to the Public Rights-of-Way Trust Fund for this development's share of cost of a traffic signal (4-percent of $80,000) at the intersection of Fairview Avenue and Hickory Way, prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 11. That the Meridian Fire Department comments were that all codes, fire hydrants and sprinkler systems shall be net in accordance with the water flow requirements. 12. That the Sewer Department submitted a comment and it is ~utnr.T.n*iE CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 incorporated herein as if set forth in full which is that this application will require a 1000 gallon external grease trap if one is not already in place. 13. That the Applicant's representative, Pete Rockwell, testified that this piece of property is on East Fairview and the corner of Hickory Way; that the Capital Christian Church is adjacent; that this piece of property consists of 7 acres; that the proposal is to build two (2) restaurants on the southwest corner of the property; that there is access in off of Fairview according to Ada County Highway District regulations and have shared access at two (2) points off of Hickory Way; that the property is currently zoned L-O, Limited Office and property to the west is zoned by Ada County, R-T; that the only restaurant planned at this time is an 8000 square foot Louie's restaurant and they want to plan a restaurant to compliment Louie's, like a pancake house or something similar; that the comment from the City Engineer's Department, Assis'.:ant Bruce Freckleton, regarding construc~ing acceleration and deceleration lanes and curb and sidewalk and gutter, are unclear as to whose responsibility that would be; that the Applicant understands it will be required to put up some money towards a traffic light at the corner of Hickory and East Fairview and would like to accelerate that as it would make things better for the neighborhood and for bu$iness; that the Ada County Highway District stated that the plans to make Fairview Avenue a seven (7) lane road, so the thinking already is for the acceleration and ~utaT.T.nt~ CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 deceleration lanes; that the maximum seating capacity is 250°_ maximum; that there is intended to be different banquet facilities with some modified areas for smaller group meetings. 14. Commissioner Johnson commented that the RT zoning is not found in the City of Meridian; that from the Commission's records, the proposed parcel is entirely zoned L-O, Limited Office. 15. Commissioner MacCoy commented that the four (4) handicapped parking spaces shown for the Louie's restaurant comply with the Americans with Disabilities Act, but that there was no designated spaces shown at the other restaurant and questioned the Applicant about the signage and that it too, would have to go through the Planning and Zoning. 16. Mr. Rockwell added that two (2) more handicapped spaces would be provided at Louie's restaurant and that the other restaurant would indeed be providing handicapped parking spaces and would be coming back to the City with detail plans including the landscaping, irrigation and site utilities; tr.at the signage had not been discussed at this juncture. 17. Corey Grant testified that he lives on the first street on the south side of this proposal; that his concerns lie with the conested traffic this may cause; the kind of sign and the noise .factor; that the folks in Dove Meadows have one way in and one way _._ out, so residents don't have an alternate way of avoiding traffic coming in and out of the two exits; that if this were to be a large sign he would basically be getting the light into his backyard; ~rnT.T.nt~ CONDITIONAL USE FOR PLANNED DEVELOPMBNT FINDINGS OF FACT & CONCLUSIONS OF LAW page - g that this proposal would affect this property but realizes something will be developed there and would like the Commission to address his concerns. 18. That section 11-2-418 d. states as follows: "In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use say be in existence." 19. That under COMMUNITY DESIGN, at Page 72, Fairview Avenue is listed as an Entryway Corridor; that the Entrance Corridors Goal Statement is to Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian and under Policies, Page 73, it states as follows: 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered,, landscaped business development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 20. Section 11-9-605 G, PLANTING STRIPS AND RESERVE STRIPS, of the Subdivision and Development Ordinance, states that 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 and that such screening shall be a minimum of twenty feet wide and shall not be part of the ~rnT.T.nrrE CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 9 normal street right-of-way or utility easement. 21. That there was no other public testimony given. 22. 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. ghat 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 has the authority to take judicial notice of its own ordinances, other governmental statues and ordinances, and of actual conditions existing within the City and state. 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 Codc, 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 Commission shall review applications for Conditional Use Permits; MALLANE'CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 10 that upon a review of those requirements and a review of the facts presented and the conditions of the area, the 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 would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use shall be designed and shall be constructed to be harmonious in appearance with the character of the general vicinity. d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that the access and traffic requirements of the City and the Ada County Highway District shall be met and if they are, traffic should not increase significantly because of the proposed use. e. That the property has available to it sewer and water service and ,the Applicant shall connect to such at its expense. f. The use would not create excessive additional requirements at public cost for public facilities and services if the Applicant meets the requirements of the City and Ada County Highway District 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 ~telfare by reason of excessive production of traffic or noise. h. That sufficient parking for the property and the proposed use is required and the parking layout must meet the requirements of the City ordinance any. should provide for additional parking beyond the ordinance requirements. - 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, MALLANE CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 11 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 these Findings of Fact and Conclusions of Law and the Findings of Fact and Conclusions of Law for the annexation and zoning and the annexation Ordinance 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 adopted on the annexation of the property, specifically including the 35 foot landscape requirement along Fairview Avenue, an entryway corridor to the City of Meridian. 7. It is further concluded that the comments, recommendations and requirements of the Assistant to the City Engineer, Planning Director, Ada County Highway District, and other governmental agencies, shall be met and complied with. 8. It is concluded that the ApplicatiF~n for a Planned Development - Commercial, should be granted; that the Applicant shall be required to meet the requirements of the Limited Office (L-O) district and the requirements of the Planned Development Ordinance, 11-9-607. 9. That the Applicant shall get a detailed site plan approval at the building permit stage so that it does not have to come again before the Planning and Zoning Commission to ensure compliance with City goals and standards and staff and agency t.T.nNE"CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 12 r requirements. 10. That the final plat must be recorded prior to any issuance of building permits. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER ~R@UidTREE' ~51,UN_D COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) RECOMMENDATION VOTED VOTED VOTED_-~ VOTED VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for a planned commercial development with the conditions set forth in these Findings of Fact and Conclusions of Law, that the Applicant and owners be specifically required to submit a final development plan, meet all of the requirements of Section 11-9-607 and of the Limi,:ed Office requirements, and all of the Ordinances of the City of Meridian. MOTION: APPROVED: DISAPPROVED: MALLANErCONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 13 Y~N4IL.ME>~~ VALLEY WALT W. MORROW' President HUB OF TREASURE RONALD R. TOLSMA ~~ OF ~ A Good Place to Live ~~~~ N C"GLENN R. BENTL~ E Ci Clerk ITY OF MER WILLIAM G. BERG, JRTreasurer ^ , ~ O~~ JANICE L. GASS, City En ineer t/ GARY D. SMITH, P.E., City s 33 EAST~IDAHO 83642 BRUCE D. STUART, Water Works Supt. JIM JOHNSON, Chairman Waste Water Supt. MERIDIAI~1 TIM HEPPER JOHN T. SHAWCROFT, Parks Supt. 888-4433 'FAX (208) 887-4813 JIM SHEARER DENNIS J. SUMMERS, Phone (208) nt (208) 887-2211 p & Z Administrator 888 4443 GREG OSLUND SHARI L. STILES, DMV Supervisor public WorksBuilding Departure pA~Y A, WOLFKIEL, Fire Chief MALCOLM MACCOY BOWERS, Motor Vehicle/Drivers License (208) KENNETH W CORRIE W L °BILL" GORDON, Folios Chief ROBERT D. WAYNE G. CROOKSTON, JR., Attorney Mayor petober 1 1, 1996 ~• David Soothers Soothers P ~tol Boulevard 104 S. Cap Boise, ID 83702 Re: Angel Park Subdivision Capital Christian Center/L°W~~S~~~t Soothers: at City Hall on Dear Mr. ' four of the items that were discussed in our meeting This letter is 1 1996 to clanfy September 1 ©und. The sewer latecomer charge is licable to this parcel of gl' omers' fees are app •n this area. Latecomers' fees are collected at the time 1 Latec $303 per equivalent residential unl 1 building puts are picked up. way were required for Dov nMan for the 1 N. Hickory in the constructlo P 2. Streetlights and sidewalks alongovements were shown ltal Christian Center advised Dave Subdivision. The sidewalk imp Hickory• division, but were never built. B e vHvill construct the sidewalksthes gmprovements sub ital Christian Ce is required for 10/10/96 that Cap Bonding Leader is still responsible for streetlights. lat. prior to signature on the final p the entire frontage of re uirements. Evidence of appropnate bonding -foot-wide sidewalk will need to be constructed °ng .nature on the final 3. A five art of the platting q rior to slg Fairview Avenue asp table. The se improvements needs to be su hway D'° nct TruspFund is netriaV been unable to for the plat. Deposit into the Ada County Hlg s that curb and gutter be constructed, as well, but w uest ~ hway District. City still req nest with Ada County g coordinate this req rO ernes. Previous plans is required adjacent to residential p P art °f the previous laming strip and a wall was required asp ending on future 4 A 20-foot p still be required dep proposed less than this 20-foot strih,the wall may d as art of the Louie's Restaurant conditional use approval. Althoug resents p the wall was not p at the City Council level on development proposals, ublic hearing The Applicant should Please note that there is a second p be discussed. proposal. uirement may October l5, 1996, wherein this req clarify this issue at that time. F, TO: Planning & Zoning Commission, Mayor & Council FROM: Shari Stiles, P&Z Administrator DATE: August 9, 199b SUBJECT: Conditional Use Permit for an Italian Restaurant in an L-O Zone by Chris Mallane - Louie's Restaurant Following are comments to be considered during your review of this project: dT 1. This site was previously before P&Z as a planned commercial development and as a ~~~~ ~~" P ' preliminary/final plat (Capital Park/Angel Park). An illegal split has now taken place; the op~~;1~~ final plat needs to be recorded prior to issuance of any building permits. All plat ~,a requirements are to be met, including sidewalks on Fairview Avenue and Hickory, Y~, ~~~ streetlight installation, and deposit for traffic signal installation. These items must be 4, satisfied prior to issuance of building permits. 2. As Fairview Avenue is an entrance corridor to the City, a landscape setback of 35' should be provided. 3 . A minimum of one (1) three-inch (3 ") caliper tree per 1, 500 square feet of paving is required. Detailed landscaping plans for review and approval, including species and size, shall be submitted with the building permit application. 4. Ofd street parking shall be in accordance with Meridian City Ordinance and the Americans with Disabilities Act, including signage, ramping and striping. Two (2) additional handicapped stalls are required. 5. No improvements are shown adjacent to existing residential areas. How are these lots going to be screened? The preliminary/final plat requirement is to build a masonry block wall with aten-foot-wide planting strip adjacent to all residential areas in lieu of the 20- foot-wide planting strip. A letter of credit or approved surety will be required for these improvements prior to signature on the final plat. 6. Applicant to keep weeds cleared on this property before/during development. 7. Screened trash enclosures are required for all trash areas. P&Z Commission, Mayor and Council August 9, 1996 Page Two 8. Signage will receive design review by P&Z staff; no signage shall be erected without a permit. A-frame {sandwich boards) should not be permitted. 9. Applicant/owner to provide curbing and underground sprinkler system for all landscaped areas. 10. Lighting shall meet the requirements of City Ordinance, with no glare or illumination of adjacent residential property created. Most of the comments above deal primarily with the plat; they are only mentioned here to reiterate plat approval requirements. The current property owner must comply with all staff and agency conditions and record the final plat prior to any legal transfer of ownership. MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: -I3~ ~9~~(0 APPLICANT: CHRIS MALLANE "~" LQua'~S AGENDA ITEM NUMBER: 10 REQUEST; REQUEST FOR CONDITIONAL USE PERMIT FOR AN ITALIAN RESTAURANT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: .U ~~~ ~~Sv S ,~ OTHER: ~1 Materials presented at public meetings shall become property of the City of Meridian. ` WILLIAM G. BERG, JR., City Cierk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P i~ Z Administrator PATTY A. 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 WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE .Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer C~JNGIL R!E!~!RERR WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY August 8, 1996 Re; REQUEST FOR CONDITIONAL USE PERMIT FOR AN ITALIAN RESTAURANT (By Chris Mallane) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Any existing irrigation ditches crossing the property to be included in this project, shall be tiled per City Ordinance. Plans will need to be approved by the Nampa & Meridian Irrigation District, or lateral users association. 2. The City of Meridian owns and maintains Sanitary Sewer and Water mains in Hickory Way. Provisions were made at the time these lines were installed to serve the proposed site via. these mains. Eight (8") inch diameter sewer and six (6") inch diameter water mains were extended to the site at each of the driveway locations along Hickory Way. An existing (12 ") inch diameter water main is also adjacent to the southwest corner of the development. Assessment fees for sewer and water service will be determined during the building plan review process. In addition to these assessments, a sewer "Late Comers" fee will also be charged against this parcel to help reimburse the parties responsible for installing the sewer mains which serve this development. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non domestic purposes such as landscape irrigation. 4. All Off-Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be in accordance with the standards set forth in 2-414 of the City of Meridian Zoning and Development Ordinance. C:\OFFICE\W PW al\(iBNSRAL1igJIBg.PR2 Mayor and Council, P&Z August 8, 1996 ' Page 2 - 5. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 6. Applicant will be required by, the Ada County Highway District, to construct a five (5') foot wide detached or meandering sidewalk along Fairview Ave. and Hickory Wy. alignment of these sidewalks shall be coordinated with the Ada County Highway District. 7. It is our understanding that the intersection of Hickory Way and Fairview avenue is planned to be signalized at a future date when traffic counts warrant. Speed zone reductions are also being considered for this stretch of Fairview Ave.. We have some concerns with regards to the present, as well as interim situation at this intersection. The current posted speed limit of Fairview Ave. is 45 M.P.H.. This intersection has been designed and constructed without acceleration or deceleration lanes on the north side of Fairview Ave.. We feel that this creates a hazardous situation for the motorists on Fairview Ave. and Hickory Way. We suggest accel./decel. lanes be constructed, in accordance with ACHD standards, as a part of this project to keep consistent with the constructed improvements on the south side of this intersection. We also feel it is appropriate to request curb and gutter be built along the Fairview Ave. frontage of this project. This would be consistent with the curb and gutter built along the south side of Fairview Ave. when the Treasure Valley Business Center was built. 8. Three (3) 250 watt high pressure sodium street lights still need to be installed, along N. Hickory Way, by the developer of the Dove Meadows Subdivision. 9. A final plat map will need to tie prepared for this development. C:\VVPW R~60\(~AIBRAL1I.07RID(3E. PRZ ~ 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. 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 Departrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor '1'O: Planning 8i Zoning Commission, Mayor & Council FROM: Shari Stiles, PBiZ Administrator C',~~.,,,;, ~~~~~ DATE: August 9, 1996 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY. P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY SUBJECT: Conditional Use Permit for an Italian Restaurant in an L-O Zone by Chris Mallane - Louie's Restaurant Following are comments to be considered during your review ofthis project: This site was previously before P&Z as a planned commercial development and as a preliminary/final plat (Capital ParklAngel Park). An illegal split has now taken place; the final plat needs to be recorded prior to issuance of any building permits. All plat requirements are to be met, including sidewalks on Fairview Avenue and Hickory, streetlight installation, and deposit for trai~c signal installation. These items must be satisfied prior to issuance of building permits. 2. As Fairview Avenue is an entrance comdor to the City, a landscape setback of 35' should be provided. A minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of paving is required. Detailed landscaping plans for review and approval, including species and size, shall be submitted with the building permit application. 4. Off-street parking shall be in ac^ordance with Meridian City Ordinance and the Americans with Disabilities Act, including signage, ramping and striping. Two (2) additional handicapped stalls are required. 5. No improvements are shown adjacent to existing residential areas. How are these lots going to be screened? The preliminary/final plat requirement is to build a masonry block wall with aten-foot-wide planting strip adjacent to all residential areas in lieu of the 20- foot-wide planting strip.. A letter of credit or approved surety will be required for these improvements prior to signature on the final plat. 6. Applicant to keep weeds cleared on this property before/during development. 7. Screened trash enclosures are required for all trash areas. P&Z Commission, Mayor and Council August 9, 1996 Page Two 8. Signage will receive design review by P&Z staff; no signage shall be erected without a permit. A-frame (sandwich boazds) should not be permitted. 9. Applicant/owner to provide curbing and underground sprinkler system for all landscaped areas. 10. Lighting shall meet the requirements of City Ordinance, with no glaze or illumination of adjacent residential property created. Most of the comments above deal primarily with the plat; they are only mentioned here to reiterate plat approval requirements. The current property owner must comply with all staff and agency conditions and record the final plat prior to any legal transfer of ownership. 'WILLIAM G. BF_RG, 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE YALLEY I 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) ggg~443 ROBERT D. CORR>E Mayor rOL>wnir_li A.c~.e WALT W. MORROW. Preskient RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COtulutcSrnrv JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUNO MALCOLM MACCOY 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:~uaust 6. 1996 TRANSMITTAL DATE: _ 7/23/96 HEARING DATE:__ 8/ 13/96 REQUEST: Conditional llse aermit fer an 1*~1:~., oestaurant BY: ~.'hriS Mallano LOCATION OF PROPERTY OR PROJECT:--- North of~F~rvlew Avenue in fr nt of JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P/Z -GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR -RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFlCE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION _._._CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8 FlNAL PLAT) INTERMOUNTAIN GAS(PREUM & FINAL PLAT) BUREAU OF RECLAMATION(PREUM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: WILLIAM G. BERG, JR., City Clerk JANICE L. LASS, Clty 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 L. STILES, P & Z Administrator PATNA. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS,. Flre Chlef W.L. "BILL" GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY pF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Depattmeat (208) 887-2211 Motor VehiclelDrivers License (208) 888443 ROBERT D. CORRD; Mayor MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFlCE(PREUM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION ~EC~t ~~~, CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT E; ~ ? ~? ' ~~~~ SETTLERS IRRIGATION DISTRICT J~ IDAHO POWER CO.(PRELIAA 8 FINAL PLAT) '°l~~' ~~~ ~~BEa;?1.41,; US TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERmIAN To insure that your comments and recommendationswill be considered by the Meridian Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: August 6. 1996 TRANSMITTAL DATE: 7/23/96 HEARING DATE: 8/ 13/96 REQUEST: Conditio al U e Hermit loran Italian Restau nt BY:Chris Mallane LOCATION OF PROPERTY OR PROJECT: North of~Fairview Avenue in front of JIM JOHNSON, P2 MALCOLM MACCOY,P2 JIM SHEARER, P2 GREG OSLUND, P/2 TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C1C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER . . WEST(PREUM 8 FINAL PLAT) INTERMOUNTAIN GAS(PREUM ~ FINAL PLAT) BUREAU OF RECLAMATK?N(PREUM & FINAL PLAT) CITY FILES ~ f~ S ^ / OTHER: y ~p YOUR CONCISE REMARKS: ter: r iia..! : KF /J~ia L,J i L L fJ0"I" h aJ e -- ~ r0 h ~a.... ~; fl. f i S ~vz r.,a i f i4s GOWN 1 ILCt~!fiFpe WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R BENTLEY P & Z COMMicS~nu JIM JOHNSON, Chaim~an TIM l~EPPER JIM SHEARER GREG OSLUND MALCOLY MACCOY r- C~2~-~ Dw Te°o ~ ~ C~ w~,~ o,n ~ Esc ~ E~ ~ ~ ~ lNi1 ~ ~ ~a^. Q;~ a -• E a Z o a ~ ~.~ ~ ~' a ar ~ ^ ~ ~ y ~ ~ ~ _ a O 5 00 g 4 ~C •a N~ e ,.~ ..,, .. ~ o e3 p a~~ a m a -• a 25~ s= m rs.; ~°~ ~ g ~ n 9 ~2 ,~ f=A E a t E E Qo ~n~ o? 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N g ~~ m r m 0 C N O m C r O N rar~yy C] A a~ m v Z O ~ xm ~ a0 Z ~, g~~ a A ~g $ a e~ ~ ~~z ~ ~ ~~ ~ i °C g~~ _ ~~ 5 6 ~~ ~ ~ 4 == a ;8~ Q~ ~ ;.. CO ~ 7 ~ a ~ ~ 3~ C ~ '~~ ~M O o.E _. ~o ~ ~' m ~ ~ ~ ~ E 2 C m O T 1~ .g s a 7nYT m oc~no SHERRY R. HUBER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary August 5, 1996 Chris Mallane c/o Louie's Pizza & Italian Restaurant P.O. Box 1614 Boise ID 83701 Re: Staff Level Approval MCU-21-96 Fairview Ave w/o Hickory Wy Two restaurants Facts and Findings: A. The Ada County Highway District (ACRD) staff-has received the above referenced application requesting conditional use approval to construct two restaurants,. each having 8,000-square feet of floor area. The site is located on the north side of Fairview Avenue approximately 470-feet west of Hickory Way. This development is estimated to generate 1,500 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. B. The application and site plan received.by the City of Meridian and submitted to the District on July 26, 1996, has been reviewr?d by the ACRD Development Services staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. This item will not be heard by the ACRD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Development Services staff decision is submitted as described within the Standard Requirements ou*'ined below. The following requirements are.-provided as recommendations for conditions of approval to the City of Eagle: Site Specific Requirements: Comply with the requirements of Angel Park Subdivision (formerly Capital Park). For this lot's frontage, direct lot access to Fairview Avenue was restricted on the subdivision to one driveway located a minimum of 460-feet west of the near curb on Hickory Way. The driveway was (is) required to be a 40-foot wide (maximum) curb return approach. ada county highway district 318 East 37th • 3oise, Idaho 83714-6499 • Phone (208) 345-7680 2. Dedicate 54-feet of right-of--way from the ultimate street centerline of Fairview Avenue abutting the parcel (4 additional feet) by means of recordation of a fmal subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. The owner will be compensated for this additional right-of--way from available impact fee revenues in this benefit zone. If the owner wishes to be paid for the additional right-of--way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACRD Ordinance #188. 3. Provide a cross access agreement for shared access to Fairview Avenue for the abutting parcels to the east and north. This may be in the form of a note on the plat or by a separate recorded document, which then should be referenced on the plat 4. Install a stop sign on every unsignalized approach of a project access to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project access is first accessible to the motoring public. 5. Provide a $3,200 deposit to the Public Rights-of~Way Trust Fund for this development's share of cost of a traffic signal (4-percent of $80,000)-at the intersection of Fairview Avenue and Hickory Way, prior to issuance of any required permits or District approval of a fmal plat, whichever occurs first. ,, Standard Requirements: 1. This decision of the Development Services Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by an owner of property within 300-feet of the parcel within 15 calender days from he date of this report. The request shall specifically id~nt~y each requirement to be reconsidered and include a written explanation of why such a rgq~~irement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calender days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACRD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Development Services Supervisor within two days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the MCU2196. WPD Page 2 Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heazd. 3. Payment-of applicable road impact fees aze required prior to building construction in accordance with Ordinance #188, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District,,approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules; regulations; ordinances, plans, or other regulatory and legal restrictions in force at the time tle~applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/vaziance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. ,,. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing ,~ _ .. and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway, District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. MCU2196.V6'PD Page 3 Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue. burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed 'development. Should you have any questions or comments, please contact the ACHD Development Services staff at 345-7662. Sincerely, Larry Sale Development Services Supervisor cc: Project file Lead agency ~~ ~~1 ~.,;. ;~ ; ~~ MCU2196.WPD Page 4 7b3 z ~ a z i ~~ q ~ ~ c C F- v) ~~ ~~ .,, a h ~ o f n a _ I_• I~ Z^y 31^^ti M N 3 'ld 31b9N~M N ., ,~ ~ ~ ~~ ~~~ - i ,., $ o I TAI ~' .. f .M '~~ .y ..3 ~I N `^ .~~ ; ~I ~. s ~_ S t .~ J `~ _ _ ~ _,_ -- ~ .- . ~ ,I v ~ ~ - ,,- ~ ~ ~~ ~ ~ ,~ ~ ~ ,~ . 1~` ~~ M '1 V ~ ~C ~w / _ J / '~- ~~~/ ~ •,. =i ~° /~~~~' -~ ~ . /;~ ~ ~ ~ ` ~ 9~ \~ ~ / 7 _ w I`~ - ••... ~ _ ~ 1 "~~~ ~~ o ~--- a~ ° i tO ~'~` ° ' a ~ ~~..ur _ ~3. ~• :, 4 ~y~ ~~ O :; ~, ,W Q CENTRAL CEN l tZAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division i 'HEALTH ~;~;_-=5,~~ DEPARTMENT - I; :, Rezone # "" ~" Conditional Use # ~ .-.L-i~YU,•~-N ~~/~dj2~ii/T" ~ `'~ "~{`=.~1=-~~i=: Preliminary /Final /Short Plat Retiurn to: ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ Acz ^ I. We have No 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. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ,~ central sewage ^ community sewage system ^ community water welt ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. 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 ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ II ^ 12. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ~„ 14. We will require plans be submitted for a plan review for any: ,~. food establi~ment ^ swimming pools or spas ^ child care center beverage establishment ^ grocery store ry C' ~. 15. .~TJllslt~it'lZTZ .til.?w _ ,~lE!/'- C~ 11z~''~G- / S Date:/ ~` // /¢'~"cf~`~ • Reviewed By: Rev' heet CDHD 10/91 rcb, rer. I/95 CENTRAL •~ DISTRICT ~RHEALTH . DEPARTMENT MAIN Of fICE ~ 707 N. ARMSTRONG PL • 801SE. ID. 83104 •(208) 375.5211 • FAX: 3275( To prevent and that disease and disability: to promote healthy lifestyles; and to protect and promote the health and quality of our eru, STOP:MWATER MANAGEMENT RECONIlVIENDATIONS 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) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMVVATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. ' 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. ~~ Serving Valley, ELnone. Boise, and Ada Counties Aao ~ ~oi~e ~ Dale. w1c eoa. • Wdaon emont:aNy oae. emow c«Mr otie. va~-cau+raa soot 1414 oo 101 K Nn,a~onp a 100a AobeAs szo ~. MA Street N. a 6wiom+ard HeaeA . 43636 Cd 0 tA Boee. 0. 63704 Bose. ~. MouMOin Home. ID. 190 S. 4th Street E ~AO~NCn Home l0 . c PR 034.1191 Etwio. Hedh 327.1499 83705 Ptt 33/J15S 63041 PR 567.440] . . FAY P1omY~ 321.1400 324 Meiidon. D. 63017 PR 567.9225 . 1450 83042 Ph. 868625 WI~LIr~M G. BERG, JR., Clty Clerk JANICE L LASS, Clty 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 L STILES, P g Z Administrator PATTY A. WOLI-lC1EL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L "BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TRF.ASIIXE V~LLEy A Good Place ~ Lire CITY OF MERIDIAN 33 EAST IDIAHO MERIDIAN, IDiRHO 84642 Phone (208) 888-4433 ~ ~ (Z()8) 887-4813 Pubtic WorksBtrilding Depradioent (Z08) 887-2211 Motor Vehicle/Drivets luaetre (2118) 888-4443 ROBERT D. ~RR1E MeY~ SAUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COQ ON DEVELOPMENT PROJECTS WITH THE CITY QF MERIDIAN To insure that your comments and recommenda#ions will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerkby:~4uoust 6. 1996 TRANSMITTAL DATE: 7/23/96 HEARING DATE: __ 8/ 13/96 REQUEST: Conditional U se c~ermit for an 1 ian Restaurant BY: Chris Mallane LOCATION OF PROPERTY OR PROJECT: orth of F i i a rv ew Avenue in ont of ~aoital Christian Center JIM JOHNSON, P2 MALCOLM MACCOY P2 MERIDIAN SCHOOL DISTRICT , JIM SHEARER P2 MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) , GREG OSLUND, P/2 ADA COUNTY HIGHWAY DISTRICT ADA PLAIV~lG ASSOCIATION TIM HEPPER, P2 BOB CORRIE MAYOR CENTRAL DISTRICT HEALTH , RONALD TOLSMA, C/C NAMPA MBttDWN IRRIGATION DISTRICT SETTLERS <RRIGATION DISTRICT CHARLIE ROUNTREE, C/C WALT MORROW C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) , GLENN BENTLEY, C/C WAT U.S. WEST~REUM & FINAL PLAT) INTERMOUNTABV GAS(PRELIM ~ FINAL PLAT) ER DEPARTMENT `~C SEWER DEPARTMENT BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) BUILDING DEPARTMENT CITY FILES Om~: FIRE DEPARTMENT YOUR CONCISE R'E11ApRKS: .`t ~ : ; ~ c POLICE DEPARTMENT CITYATTORNEY , . , . _q_''" ''~- ~<<-~~ ~ ~ ' ' r;. E ~: °' ~~`-` ' • ~'~ ~ °' ~~ :~ ~ CITY ENGINEER " << /rrc „' ~ ~~ `~ ' CITY PLANNER .Y "`~ -. ~..~.. _ ~t~l :emu •~i~.?.i_.%ii~:': bra 5.,f ~~` MERIDIAN CITY COUNCIL MEETING: October 15 1996 APPLICANT: CHRIS MALLANE ITEM NUMBER; 7 REQUEST• CONDITIONAL USE PERMIT FOR TWO RESTAURANTS AGENCY COMMENTS CITY CLERK: P A Z MINUTES FOR 8-13-96 CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REl/IEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission August 13, 1996 Page 53 - ITEM #10: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ITALIAN RESTAURANT BY CHRIS MALLANE: Johnson: I will now open the public hearing and invite the representative to address the Commission. Pete Rockwell, 713 Elwood, Boise, was sworn by the City Attorney. Rockwell: I have a drawing, shall I put that ~ on the easel here? (Inaudible) Johnson: Is that an enlargement of what we have? Rockwell: Yes, just walk you through this thing a little bit if you are not familiar with it. This piece of property is on East Fairview and comer of Hickory Way. There is a Capital Christian Church which I believe is adjacent to that. This piece of property is 7 acres. We are requesting a conditional use to build two restaurants on the southwest comer of the property. We have access in off of Fairview according to Ada County Highway District regulations and we have shared access at 2 points off of Hickory Way. Hickory Way goes back to residential subdivision back here. This property is zoned LO and adjacent property just to the west is zoned RT. Right now the only restaurant that is planned is an 8000 square foot Louie's restaurant. We want to plan also a restaurant that would compliment that like a Pancake house or something like that (inaudible). There is still (inaudible) on the site and we are trying (inaudible). This preliminary plan is intended to comply with both the requirements of the City of Meridian and Ada County Highway District (inaudible). We agree with most of the recommendations of the staff report. There is one thing on Brace Freckleton's report that I have a question about, I just don't' understand it exactly and that is number 7. Which talks about constructing acceleration and deceleration lanes and curb and sidewalk and gutter. We are not clear as to whose responsibility that would be or should be on this project. Let's see, there is also a traffic light planned for the come;- of E ickory and East Fairview that we are required to ; ut same money up towards and in fact we would like to accelerate that because the traffic light would make things better for this business and for the neighborhood there. So, that is all that i have to say. We would request your approval of that conditional use and I would like to answer any questions if anybody has any or anybody in the audience. MacCoy: What is your seating capacity in Louie's restaurant? Rockwell: 250 maximum (inaudible) MacCoy: Any place for a conference section be able to (inaudible) any place to be sectioned off for special meetings or smaller meetings? Meridian Planning & Zoning Commission August 13, 1996 Page 54 . (Inaudible) Rockwell: It is intended that there be different banquet facilities and maybe some modified ones so you could have smaller groups of 10 people in there and also some larger groups of up to 30 so that it could also be used for regular seating when there-are not meetings scheduled. MacCoy: We are in great need for that in this City. Rockwell: We realize that (inaudible) Crookston: I have a question, you said that there were going to be two restaurants, is this conditional use permit for two restaurants or is it for one being Louie's? Rockwell: We would like it to encompass two restaurants. Crookston: But you don't know what the other restaurant is. Rockwell: We don't know what the other one is we are looking for another one right now, a compatible one. (End of Tape) Borup: You had mentioned item 7 from Bruce Freckleton on the acceleration and deceleration lanes, were there any other items between the two City ones and ACRD? Rockwell: Well there was one from ACHD that we had talked with at the preliminary meeting with them where they wanted I think it was $3200 towards the traffic light. That was for both restaurants and if we wanted to pay those in installments of $1600 and that was agreeable with them. That vas the only other thing that I noticed in there. Borup: Was there any discussion with ACHD on the added lanes at all? Rockwell: They said that they were planning Fairview to be a seven lane road. That is their plan. So they were already thinking that way wifh the acceleration and deceleration lanes on there. So we had always considered that as something that was inevitably coming. That is why this item 7 is, I am not sure who Bruce is suggesting these deceleration (inaudible) if he is saying we should be building those lanes or ACRD should. Borup: So this site already takes in account allowing for the wider Meridian Planning & Zoning Commission August 13, 1996 Page 55 . Rockwell: Yes, they asked for an txtra 4 feet of right of way along there and we have (inaudible) Johnson: Just a comment, you introduction was, with respect to zoning I don't think was accurate, you mentioned something about an RT zoning, we do not have RT zoning in the City of Meridian, that is a county zoned and this is all zoned LO from our records, the way I indicate it. Well you may have been looking at an old zoning map or something from the County, I just wanted to correct you on that item. That Rural Transition zoning doesn't exist, we don't have it as part of one of our zones, otherwise we couldn't be doing a conditional use permit we would have to annex it first and it has already been annexed. Any other comments? MacCoy: You show four spaces for handicapped (inaudible) first place for Louie's that you are complying with the Americans with Disabilities Act. Rockwell: Our intent is that we will comply with it, one of Shari's comments was that we needed two more for the number of parking spaces that we had. MacCoy: Yes I was going to bring that up, then over on the other one that has no designation whatsoever, accept just a restaurant you don't have any handicapped parking over there. Rockwell: No, I am just trying to show a concept of what we intend to do. The basic size of it and we still have to find the other people that want to run a restaurant there and coordinate their needs but we would be providing the handicapped parking spaces. MacCoy: So you would come back with that then? Rockwell: Yes, building permit we will have all of that stuff taken care of including the detailed lar-dscaping and what we are doing wit; the irrigation and site utilities and all of that. MacCoy: What kind of signage are you planning on putting up here, big, small, lighted, what? Rockwell: We haven't really talked about signage yet. _ MacCoy: You realize that has to go through here also. The reason I bring that up (inaudible) Rockwell: (Inaudible) Meridian Planning & Zoning Commission August 13, 1996 Page 56 Johnson: Any other questions? Think you, this is a public hearing, is there anyone else that would like to address us on this issue? Corey Grant, 2505 E. Grapewood Drive, was sworn by the City Attorney. Grant: Basically I just have a few questions in reference to this drawing. We received a sketch basically in the mail, I will say a month ago, three weeks. It wasn't as detailed, actually the arrow was.on the other side of the street in front of Capita! Christian on the drawing that I got, it didn't really go across this lot. So I have a few questions, I am not really here to debate whether the restaurant should go there or not. I know something is going to have to go there eventually, f am not saying that I am voting for tine restaurant but I (inaudible) my question is I will speak loud. Are you guys basically purchasing- the whole lot here that is vacant to put the two restaurants or is it only this section? Rockwell: It is the whole property with the exception of this point up here on the end. Grant: So you are getting all of that, and you said that you have entrances both from Hickory. Now my complaint for the Commission would be that Hickory is basically a two lane street and to have commercial traffic trying to use Hickory to try and ~ in and out of this establishment would really be detrimental to Dove Meadows for the simple fact that Dove Meadows is one way in and one way out. So residents don't have another way to avoid traffic coming in and out of Louie's or whatever other restaurant would be placed here. Also my concern would be the sign because I live on Grapewood which is the street that is right behind this property. So maybe the noise factor, I don't know what you guys have in store for that. We didn't get any more than basically a sketch saying that there would be a meeting tonight. There is a large sign, I would basically get the light because my backyard is about here. So I am going to be fairly close the the rest rant. Again the traffic in Hickory would be congestive, I assume you guys operate on Sunday also, you have Capital Christian here which they do a lot of parking basically on this street area. So on G~:~ndays you have traffic coming in and out of ~cnese two axits along with cars from the church here that can also get a little hazardous shall I say. So those are some of the concerns that I think at least need to be looked at or addressed for granting use of this. Like I said 1 realize something has to go there, the property is there and somebody has to sell it that is the American way. But again with my property being on this first street and on the south side I am really going to be affected by whatever goes there. I just want to make sure that these things are addressed because I had been here prior (inaudible) which he still hasn't done what he should have done. So I am really conoemed, this is my first home and I don't want to lose too much money on it. Basically that is all I have to say. Johnson: I appreciate your comments, it does appear that the original sketch that you got was incorrect in terms of the arrow, we got a copy of that too and unless I am reading it Meridian Planning & Zoning Commission August 13, 1996 Page 57 wrong. Anyone else? Any questions from staff from anyone? Hearing none !will close the public hearing. What would you like to do, this is a conditional use permit request. Oslund: Mr. Chairman, I move that direct Counsel to prepare findings of fact and conclusions of law. MacCoy: Second Johnson: Moved and seconded that we have the City Attomey prepare findings of fact and conclusions of law, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #11: PUBLIC HEARING: PRELIMINARY PLAT FOR BRIDGEWOOD CONDOMINIUM BY BOISE VALLEY CONSTRUCTION: Johnson: At this time I will open the public hearing and ask that the applicant or the representative address the Commission. Charles Eddy, 4345 South Timridge Way, was sworn by the City Attorney. Eddy: First I have some pictures for you of the proposed site. I will pass those around. This site is located in Section 6, T.3N, R.1 E, which is generally located about a 1/4 mile north of the existing Cherry Plaza mall. It is a resubdivision of Bridgewood Park Subdivision, it is a resubdivision of Block 1. The original subdivision was done in 1994 as a 12 lot subdivision. Cun'ently there are 12 four unit apartments on each parcel. The existing zoning is R-15 and the comp plan designates this area as ~ urban development. The applicant is requesting to resubdivided these current lots into condominium lots, this is allowed through the conditional use application in an R-15 zone. As I said before the building are already existent on the property, services are currer~cly there, there is an improved street with curb gutter and sidewalk that runs through the property. The property - directly north of it is newly developed apartments, property directly west is existing apartments that have been there for quite a number of years. The property to the south is currently under develop as what looks like single family development. This development will not add any new services to the current system, everything has been served with water and sewer. As I said before the roads had been improved. What the applicant is looking to do is-take the current four unit apartments that are on the parcel and create condominiums which would allow either the cument renters to purchases These units or any other parties that would be interested in purchasing a condominium unit. I would like to address some comments that were in the staff report. Item 1 restates what I have told you. Item 2 we submitted a copy of the covenants and restrictions with the application and you 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. 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 WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P 8 Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY August 8, 1996 Re; REQUEST FOR CONDITIONAL USE PERMIT FOR AN ITALIAN RESTAURANT (By Chris Mallane) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. Any existing irrigation ditches crossing the property to be included in this project, shall be tiled per City Ordinance. Plans will need to be approved by the Nampa & Meridian Irrigation District, or lateral users association. 2. The City of Meridian owns and maintains Sanitary Sewer and Water mains in Hickory Way. Provisions were made at the time these lines were installed to serve the proposed site via. these mains. Eight (8") inch diameter sewer and six (6") inch diameter water mains were extended to the site at each of the driveway locations along Hickory Way. An existing (12") inch diameter water main is also adjacent to the southwest corner of the development. Assessment fees for sewer and water service will be determined during the building plan review process. In addition to these assessments, a sewer "Late Comers" fee will also be charged against this parcel to help reimburse the parties responsible for installing the sewer mains which serve this development. 3. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non domestic purposes such as landscape irrigation. 4. All Off-Street Parking, Landscaping, Drainage, Lighting, Paving, and Striping shall be in accordance with the standards set forth in 2-414 of the City of Meridian Zoning and Development Ordinance. C:\OFFIC6\ W PWIIV\GENERAI.\IAU~S. PBcZ Mayor and Council, P&Z August 8, 1996 Page 2 5. All Signage shall be in accordance with the standards set forth in 2-415 of the City of Meridian Zoning and Development Ordinance. 6. Applicant will be required by, the Ada County Highway District, to construct a five (5') foot wide detached or meandering sidewalk along Fairview Ave. and Hickory Wy. alignment of these sidewalks shall be coordinated with the Ada County Highway District. 7. It is our understanding that the intersection of Hickory Way and Fairview avenue is planned to be signalized at a future date when traffic counts warrant. Speed zone reductions are also being considered for this stretch of Fairview Ave.. We have some concerns with regards to the present, as well as interim situation at this intersection. The current posted speed limit of Fairview Ave. is 45 M.P.H.. This intersection has been designed and constructed without acceleration or deceleration lanes on the north side of Fairview Ave.. We feel that this creates a hazardous situation for the motorists on Fairview Ave. and Hickory Way. We suggest accel./decel. lanes be constructed, in accordance with ACRD standards, as a part of this project to keep consistent with the constructed improvements on the south side of this intersection. We also feel it is appropriate to request curb and gutter be built along the Fairview Ave. frontage of this project. This would be consistent with the curb and gutter built along the south side of Fairview Ave. when the Treasure Valley Business Center was built. 8. Three (3) 250 watt high pressure sodium street lights still need to be installed, along N. Hickory Way, by the developer of the Dove Meadows Subdivision. 9. A final plat map will need to be pi epared for this development. C: \ W PW1~1601(iENERAUI.OIRID(3H. PRZ WILLIAM G. BF_RG, 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. 80WERS, Fire Chief W.L. "BILL" CORDON, 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 • FRX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor '1'U: Planning & Coning Commission, Mayor & Council FROM: Shari Stiles, P&Z Administrator ~, e~~~~~ DATE: August 9, 1996 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P 8 Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY SUBJECT: Conditional Use Permit for an Italian Restaurant in an L-O Zone by Chris Mallane - Louie's Restaurant Following are comments to be considered during your review of this project: This site was previously before P&Z as a planned commercial development and as a preliminary/final plat (Capital Park/Angel Park). An illegal split has now taken place; the final plat needs to be recorded prior to issuance of any building permits. All plat requirements are to be met, including sidewalks on Fairview Avenue and Hickory, streetlight installation, and deposit for traffic signal installation. These items must be satisfied prior to issuance of building permits. 2. As Fairview Avenue is an entrance comdor to the City, a landscape setback of 35' should be provided. A minimum of one (1) three-inch (3") caliper tree per 1,500. square feet of paving is required. Detailed landscaping plans for review and approval, including species and size, shall be submitted with the building permit application. 4. Oil street parking shall be in accordance with Meridian City Ordinance and the Americans with Disabilities Act, including signage, ramping and striping. Two (2) additional handicapped stalls are required. 5. No improvements are shown adjacent to existing residential areas. How are these lots going to be screened? The preliminary/final plat requirement is to build a masonry block wall with aten-foot-wide planting strip adjacent to all residential areas in lieu of the 20- foot-wide planting strip. A letter of credit or approved surety will be required for these improvements prior to signature on the final plat. 6. Applicant to keep weeds cleared on this property before/during development. 7. Screened trash enclosures are required for all trash areas. P&Z Commission, Mayor and Council August 9, 1996 Page Two 8. Signage will receive design review by P&Z star; no signage shall be erected without a permit. A-frame (sandwich boards) should not be permitted. 9. Applicant/owner to provide curbing and underground sprinkler system for all landscaped areas. 10. Lighting shall meet the requirements of City Ordinance, with no glare or illumination of adjacent residential property created. Most of the comments above deal primarily with the plat; they are only mentioned here to reiterate plat approval requirements. The current property owner must comply with all staff and agency conditions and record the final plat prior to any legal transfer of ownership. ~~BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION n \ \`, ? CHRIS ~T.T.nxr+: o. v ~ EAST FAIRVIEW AVENUE AND HICKORY WAY ~~ BOISE MERIDIAN ADA COUNTY. IDAHO CONDITIONAL USE MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing August 13, 1996, at the hour of 7:30 o'clock p.m., that Pete Rockwell, the Applicants architect, representing the Petitioner appeared 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 August 13, 1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 13, 1996, 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; Z. That the property is located within the City of Meridian and the Applicant is not the owner of the. property; that the owner lutnT__L.nt~ CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT Sc CONCLUSIONS OF LAW Page - 1 of record is the Capital Christian Center. 3. That the property is approximately seven (7) acres; that the location is to the west of the Capital Christian .Center, north of Fairview Avenue and north of the Treasure Valley Business Center, south and east of Dove Meadows Subdivision. 4. That the property is zoned Limited Office (L-O). 5. That the L-0 District is described in the Zoning Ordinance, 11-2-408 B. 7 as follows: (L-O) LIMITED OFFICE DISTRICT: The purpose of the (L-O) District is to permit the establishment of groupings of professional, research, executive, administrative, accounting, clerical, stenographic, public service and similar uses. Research uses shall not involve heavy testing operations of any kind or product manufacturing of such a nature to create noise, vibration or emissions of a nature offensive to the overall purpose of this district. The L-O District is designed to act as a buffer between other more intense non- residential uses and high density residential uses, and is thus a transitional use. Connection to the Municipal Water and Sewer System of the City of Meridian is a requirement in this district. 5. That the Application requests a conditional use permit for a Pizza and Italian re3taurant. 6. That the land is not used at this time for any purpose and is not developed in any fashion. 7. That comments were received from the Assistant to the City Engineer, Bruce Fr~:ckleton, the City Planning Directo+, Shad Stiles, the Meridian Police Department, Fire Department, Central District Health Department, Ada County Highway District, City Sewer Department and Nampa & Meridian Irrigation District; that such comments are incorporated herein by this reference. MA?~T_n~' CONDITIONAL USE FOR PLANNED DEVELOPMEN? FINDINGB OF FACT & CONCLU8ION8 OF LAW Page - 2 8. Bruce Freckleton, the Assistant to the City Engineer, commented; that his comments are incorporated herein as if set forth in full; that off-street parking, landscaping, drainage, lighting, paving and striping shall be in accordance with the standards set forth in 11-2-414; that all signage shall be in accordance with 11-2-415; that any existing wells and/or septic systems will have to be removed but that wells may be used for non- domestic purposes such as landscape irrigation; that any existing irrigation or drainage ditches crossing the property shall be tiled and that tiling plans shall be approved by the Nampa & Meridian Irrigation District or a lateral users association; that the City owns and maintains sanitary sewer and water mains in Hickory Way; that provisions were made at the time of installation of these lines that it would serve the proposed site by means of these mains; that an eight (8") inch diameter sewer main and a six (6") inch diameter water main were extended to the site at each of the driveway locations along Eic'~cory Way; that an existing 12" diameter water main is also adjacent to the southwest corner of the development; that assessment fees for sewer and water service will be determined during the building plan review process; that in addition to these assessments, a sewer "Later Comers" fee will alsu be charged against this parcel to help reimburse the parties responsible for installing the sewer mains which serve this development; that the Applicant will be required by, the Ada County Highway District, to construct a five (5') foot wide detached or ~utnT.T.nt~tF CONDITIONAL USE FOIL PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 3 detailed landscaping plans for review and approval, including species and size, shall be submitted with the building permit application. D. Off-street parking shall be in accordance with Keridian City Ordinance acid the Americans with Disabilities Act, including signage, ramping and striping; that two (2j additional handicapped stalls are required. E. That no improvements are shown adjacent to existing residential areas; with regard to these lots being screened, the preliminary/final plat requirement is to build a masonry block wall with a ten foot (10' ) wide planting strip adjacent to all residential areas in lieu of the twenty foot (20') planting strip; that a letter of credit or approved surety will be required for these improvements prior to .signature on the final plat. F. That the Applicant is to keep weed cleared on this property before and during development. G. That screened trash enclosures are required for all trash areas. H. signage will receive design review by the Planning and Zoning staff; no signage shall be erected without a permit; that A-frame (sandwich boards) should not be permitted. I. That the Applicant/owner it to provide curbing and underground sprinkler system for all landscaped areas. J. That lighting shall meet the requirements. of City Ordinance, with no glare or illumination of adjacent residential property created. Ms. Stiles added that most of the above comments deal primarily with the plat; that they are only mentioned to reiterate plat a~~,proval requirements and that the current property owner must comply with all staff and agency conditions and record the final plat prior to any legal transfer of ownership. 10. That the Ada County Highway District submitted draft comments and they are incorporated herein as if set forth is full, MALLANE CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 5 as follows: 1. Comply with the requirements of Angel Park Subdivision f~formerly Capital Park). .For this lots frontage, direct lot access to Fairview Avenue was restricted on the subdivision to one (1) driveway located a minimum of 460 feet west of the near curb on Hickory Way. The driveway was (is) required to be a 40 foot wide (maximum) curb return approach. 2. Dedicate 54 feet of right-of-way from the ultimate street centerline of Fairview Avenue abutting the parcel (4 additional .feet) by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first and owner will be compensated from available impact fee revenues; that if owner wishes to be paid for the additional right-of-way, the owner must submit a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #188. 3. Provide a cross access agreement for shared access to Fairview Avenue for the abutting parcels to the east and north. This may be in the form of a note on the plat or by a separate recorded document, which then should be referenced on the plat. 4. Install a stop sign on every unsignalized approach of a project access to an intersection involving a collector or arterial as the cross-street. The stop sign shall be installed when the project access is first accessible to the motoring public. 5. Provide a $3,200 deposit to the Public Rights-of-Way Trust Fund for this development's share of cost of a traffic signal (4-percent of $80,000) at the intersection of Fairview Avenue and Hickory Way, prior to issuance of any required permits or District approval of a final plat, whichever occurs first. 11. That the Meridian Fire Department comments were that all codes, fire hydrants and sprinkler systems shall be met in accordance with the water flow requirements. 12. That the Sewer Department submitted a ca®ent and it is MA?~T_nNE CONDITIONAL USE FOR PLANNBD DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 6 incorporated herein as if set forth in fell which is that this application will require a 1000 gallon external grease trap if one is not already in place. 13. That the Applicant's representative, Pete Rockwell, testified that this piece of property is on East Fairview and the corner of Hickory Way; that the Capital. Christian Church is adjacent; that this piece of property consists of 7 acres; that the proposal is to build two (2) restaurants on the southwest corner of the property; that there is access in off of Fairview according to Ada County Highway District regulations and have shared access at two (2) points off of Hickory Way; that the property is currently zoned L-O, Limited Office and property to the west is zoned by Ada County, R-T; that the only restaurant planned at this time is an 8000 square foot Louie's restaurant and they want to plan a restaurant to compliment Louie's, like a pancake house or something similar; that the comment from the City Engineer's Department, Assistant Bruce Freckleton, regarding constructing acceleration and deceleration lanes and curb and sidewalk and gutter, are unclear as to whose responsibility that would be; that the Applicant understands it will be required to put up some money towards a traffic light at the corner of Hickory and East Fairview and would like to accelerate that as it would make things better for the -_ neighborhood and for business; that the Ada County Highway District stated that the plans to make Fairview Avenue a seven (7) lane road, so the thinking already is for the acceleration and MALLANE CONDITIONAL USE FOR PLANNED DEVELOPI~NT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 7 deceleration lanes; that the maximum seating capacity is 250 maximum; that there is intended to be different banquet facilities with some modified areas for smaller group meetings. 14. Commissioner Johnson commented that the RT zoning is not found in the City of Meridian; that from the Commission's records, the proposed parcel is entirely zoned L-O, Limited Office. 15. Commissioner MacCoy commented that the four (4) handicapped parking spaces shown for the Louie's restaurant comply with the Americans with Disabilities Act, but that there was no designated spaces shown at the other restaurant and questioned the Applicant about the signage and that it too, would have to go through the Planning and Zoning. 16. Mr. Rockwell added that two (2) more handicapped spaces would be provided at Louie's restaurant and that the other restaurant would indeed be providing handicapped parking spaces and would be coming back to the City with detail plans including the landscaFsing, irrigation and site utilities; thzt the signage had not been discussed at this juncture. 17. Corey Grant testified that he lives on the first street on the south side of this proposal; that his concerns lie with the cong~:sted traffic this may cause; the kind ~f sign and the noise factor; that the folks in Dove Meadows have one way in and one way _ out, so residents don't have an alternate way of avoiding traffic coming in and out of the two exits; that if this were to be a large sign he would basically be getting the light into his backyard; MALI+ANE CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSi0N8 OF LAW Page - 8 that this proposal would affect this property but realizes something will be developed there and would like the Casszission to address his•concerns. 18. That section 11-2-418 d. states as follows: "In approving any Conditional Use, the Commission and Council may prescribe appropriate conditions, bonds, and safeguards in conformity with this Ordinance. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the Conditional Use is granted, shall be deemed a violation of the Ordinance and grounds to revoke the Conditional Use. The Commission and Council may prescribe a set time period for which a Conditional Use aay be in existence." 19. That under COMMUNITY DESIGN, at Page 72, Fairview Avenue is listed as an Entryway Corridor; that the Entrance Corridors Goal Statement is to Promote, encourage, develop and maintain aesthetically pleasing approaches to the City of Meridian and under Policies, Page 73, it states as follows: 4.3U Use the Comprehensive Plan, subdivision regulations, and zoning to discourage strip development and encourage clustered, landscaped business development on entrance corridors. 4.4U Encourage landscaped setbacks for new development on entrance corridors. The City shall require, as a condition of development approval, landscaping along all entrance corridors. 20. Section 11-9-505 G, PLANTING STRIPS AND RESERVE STRIPS, of the Subdivision and Development Ordinance, states that 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 and that such screening shall be a minimum of twenty feet wide and shall not be part of the T•T•n**E CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINC;S OF FACT & CONCLUSIONS OF LAW page - 9 normal street right-of-way or utility easement. 21. That there was no other public testimony given. 22. 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 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 has the authority to take judicial notice of its own ordinances, other governmental statues and ordinanc<~~s, and of actual conditions existing within the City and state. 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 11-2-4~8 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 Commission shall review applications for Conditional Use Permits; MIIT•T•ntJir. CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 10 that upon a review of those requirements and a review of the facts presented and the conditions of the area, the 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 would be harmonious with and in accordance with the Comprehensive Plan but the Zoning Ordinance requires a conditional use permit to allow the use. c. The use shall be designed harmonious in appearance with vicinity. and shall be constructed to be the character of the general d. That the use would not be hazardous nor should it be disturbing to existing or future neighboring uses; that the access and traffic requirements of the City and the A,da County Highway District shall be met and if they are, traffic should not increase significantly because of the proposed use. e. That the property has available to it sewer and water service and the Applicant shall connect to such at its expense. f. The use would not create excessive additional requirements at public cost for public facilities and services if the Applicant meets the requirements of the City and Ada County Highway District 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 is required and the parking layout must meet the requirements c-. the City ordinance and should pravice for additional parking beyond the ordinance requirements. _- 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, MALLANE CONDITIONAL USE FOIL PLANNED DEVELOPI~NT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 11 including but not limited to, the Uniform Building Gode, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Gode, the Fire and Life Safety Code, all parking and landscaping requirements. 7. All requirements of these Findings of Fact and Conclusions of Law and the Findings of Fact and Conclusions of Law for the annexation and zoning and the annexation Ordinance 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 adopted on the annexation of the property, specifically including the 35 foot landscape requirement along Fairview Avenue, an entryway corridor to the City of Meridian . 7. It is further concluded that the comments, recommendations :and requirements of the Assistant to :the City Engineer, Planning Director, Ada County Highway District,.and other governmental agencies, shall be met and complied with. 8•. It is concluded that the Application. for a Planned Development - Commercial, should be granted; that the Applicant shall be required to meet the requirements of the Limited Office (L-0) district and the requirements of the Planned Development Ordinance, 11-9-607. 9. That the Applicant shall get a detailed site plan ~_ approval at the building permit stage so that it does not have to come again before the Planning and Zoning Commission to ensure compliance with City goals and standards and staff and agency MAT•T•nNE CONDITIONAL USE FOIL PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 12 requirements. 10. That the final plat must be recorded prior to any issuance of building permits. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER ~~~~° COMMISSIONER SHEARER. COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) RECOMMENDATION VOTED VOTED VOTED ~ l f ~ VOTED ~ l "' VOTED The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the conditional use permit for a planned commercial development with the conditions set forth in these Findings of Fact and Conclusions of Law, that the Applicant and owners be specifically required to submit a final development plan, meet all of the requirements of Scction 11-9-607 and of the Limited Office requirements, and all of the Ordinances of t City of Meridian. MOTION: APPROVED: J l~ DISAPPROVED: r+tnT.T.ntJE CONDITIONAL USE FOR PLANNED DEVELOPMENT FINDINGS OF FACT & CONCLUSIONS OF LAW Page - 13 ~- ~. ~f~ISO^ 3~ 039 October 11, 1996 Mr. David Southers Southers Properties 104 S. Capitol Boulevard Boise, Ib 83702 Re: Angel Park Subdivision Capital Christian Center/Louie's Restaurant Dear Mr. Southers: Si~~ ~ ~G ~~L r~s fi~'(~-lion This letter is written to clarify four of the items that were discussed in our meeting at City Hail on September 11, 1996. Latecomers' fees are applicable to this parcel of ground. The sewer latecomer charge is $303 per equivalent residential unit in this area. Latecomers' fees are collected at the time building permits are picked up. 2. Streetlights and sidewalks along N. Hickory Way were required for Dove Meadows No. 1 ~ r ~ Subdivision. The sidewalk improvements were shown in the construction plans for the ,(~~ Q ~ ~ subdivision, but were never built. Bob Henbest of Capital Christian Center advised me on ~(~1- °?~~` ~ 10/10/96 that Capital Christian Center will construct the sidewalks along Hickory. Dave ~~~ Q ~~! ~ Leader is still responsible for streetlights. Bonding is required for these improvements n'J` prior to signature on the final plat. ~\ 3. Afive-foot-wide sidewalk will need to be constructed along the entire frontage of Fairview Avenue as part of the platting requirements. Evidence of appropriate bondine ~ ?(, ~` for these im rovements needs to be submitted to the Cit prior to si ature on th al ,fit. Deposit into the A a ounty ghway District Trust Fund is not acceptable. The City still requests that curb and gutter be constructed, as well, but we have been unable to coordinate this request with Ada County Highway District. 4. A 20-foot planting strip is required adjacent to residential properties. Previous plans proposed less than this 20-foot strip, and a wall was required as part of the previous conditional use approval. Although the wall may still be required depending on future development proposals, the wall was not presented as part of the Louie's Restaurant proposal. Please note that there is a second public hearing at the City Council level on October 15, 1996, wherein this requirement may be discussed. The Applicant should clarify this issue at that time. J Mr. David Southers October 11, 1996 Page Two I hope this answers the questions that have been raised regarding these matters. If you need additional information or clarification, please do not hesitate to contact me. Sincerely, CITY OF MERIDIAN ~C~'"' ~s ~/~ Shari L. Stiles Planning & Zoning Administrator ~~e~ ~ ~~~ ~~ ~/~. ~~r~ ~ ~~~ ~ ~~ ~~ ~,~ ~ ~d,s~ ~~~~-s . ~" ~ ~~Q ~ ~~ - 1_ ~ ~ ** TX CONFIRMATION REPORT ** AS OF JAN 27 '97 13 19 PAGE.01 w CITY OF MERIDIAN DATE TIME TOiFROM 07 01127 13 18 1 208 378 0329 MODE MINiSEC PGS CMDtt STATUS EC--S 00'39" 002 180 OK 3~~3~9 October 11, 1996 Mt. David Southers Southers Properties 104 S. Capitol Boulevard Boise, lb 83702 Re: Angel Park Subdivision Capital Christian Center/Louie's Restawant Dear Mr. Southers: This letter is written to clarify four of the items that were discussed in our meeting at City Hall on September 11, 1996. Latecomers' fees are applicable to this parcel of ground. The sewer latecomer charge is $303 per equivalent residential unit in this area. Latecomers' fees are collected at the time building permits are picked up. 2. Streetlights and sidewalks along N. Hickory Way were required for Dove Meadows No. 1 0 Subdivision. The sidewalk improvements were shown in the construction plans for the j ~ ~ subdivision, but were never built. Bob Henbest of Capital Christian Center advised me on ~~( -~~~~ 10/10/96 that Capital Christian Center will construct the sidewalks along Hickory. Dave Q~ ~~p~` ~ S~ Leader is still responsible for streetlights. Bonding is required for theso improvements '` ~~,J' prior to signature on the final plat. CC'' -------- 3. Afive-foot-wide sidewalk will need to be constructed along the entire frontage of \ Fairview Avenue as part of the platting requirements. Evidence of aooropriate_ bonding ~Q,~j i` for these im rovements needs to be submitted to th Cit prior to si nature on t al N l..l>~. Deposit into the a ounty ghway District Trust Fund is not acceptable. The City still requests that curb and gutter be constructed, as well, but we have been unable to coordinate this request with Ada County Highway District. 4. A 20-foot planting strip is required adjacent to residential properties. Previous plans proposed less than this 20-foot strip, and a wall was required as part of the previous conditional use approval. Although the wall may still be required depending on future development proposals, the wall was not presented as part of the Louie's Restaurant proposal. Please note that there is a second public hearing at the City Council level on October 15, 1996, wherein this requirement maybe discussed. 'The Applicant should clazify this issue at that time. 4. ^!1 SEP 11 '98 15 22 FR CITY OF MERIDIAN Meridian City Council October 15, 1996 Page 30 208 887 4813 TO 8871297 P.01i02 with what has been said tonight? They are asking for the conditional, that the landscaping primarily. Rountree: I would like to see the findings and the conclusions reflect what the applicant is requesting at this point in time. They are not the same. Morrow: Then would it be your desire to instruct the City Attorney to prepare findings and facts? Rountree: My question is, is this a public hearing on the conditional use or is this just a meeting? Come: This is just (inaudible) Rountree: I would like to see them redrafted to reflect what is being requested. Morrow: Mr. Mayor I would move that we instruct the City Attomey to prepare new findings of fact and cAnclusians for the conditional use permit for a family entertainment center by Select Development and Contracting Inc. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to have the attorney draw up new findings and facts and conclusions of law based upon the Council's decision tonight on the conditional use permit for the family entertainment center, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Bentley: I move we take a five minute break. Rountree: Second FIVE MINUTE RECESS ITEM #7: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR TWO RESTAURANTS BY CHRIS MALLANE: Corrie: At this time I will open the public hearing and invite the representative for the conditional use permit to come forward. SEP 11 '98 15 22 FR CITY OF MERIDIAN Meridian City Council October 15, 1996 Page 31 208 887 4813 TO 8871297 Peter Rockwell, 413 S. 8th Street, Boise, was sworn by the City Attorney. P.02i02 Rockwell: I am representing Chris Mallane and Louie's restaurant and we are requesting a conditional use permit for two restaurants on East Fairview Avenue at North Hickory Way. We have reviewed the findings of fact and P & Z minutes the 8-13-96 meeting and we are in agreement with them. I don't have anything new to pr®sent but I am here to answer any questions that anyone might have if I can. If I can't maybe Chris can help out. Corrie: Council any questions? Thank you, anybody else from the public that would like to offer testimony on the conditional permit? Council, discussion? Any questions of staff? I will close the public hearing. Rountree: Mr. Mayor I would move that the Meridian City Council adopt and approve the findings of fact and conclusions of law as prepared by the Planning and Zoning. Tolsma: Second Corrie: Motion is made by Mr. Rountree, second by Mr. Tolsma that we approve the findings of fact and conclusions as sent on by the Planning and Zoning Commission, any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Recommendation? Rountree: Mr. Mayor, I move that the City Council approve the conditional use for the planned commercial development with conditions set forth in these findings of fact and conclusions of law. That the applicant and the owners be specifically required to submit a final development plan, meet all the requirements of section 11 ~-607 and the Limited Office requirements and all of the ordinances of the City of Meridian. Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley on the recommendation as set forth, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #8: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR ~* TOTAL PAGE. 02 ~*