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Peters, Eugene RZWILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI 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 Worlcs/Building DepaRment (208) 887-2211 Motor Vehicle/Drivets License (208) 888-4443 ROBERT D. CORRIE Mayor 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 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: November 5, 19J6 TRANSMITTAL DATE: 10/16/96 HEARING DATE: 11/12/96 REQUEST: Rezone from R-4 to C-C: antique, craft collectible shop BY: Euaene Peters LOCATION OF PROPERTY OR PROJECT: Lot 3. Block 3 Niday's Second Addition 1323 North Meridian Street (between Maple Avenue and Cherry Avenue) JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORI'P, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDIPa~ DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER .CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 3 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 & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM ~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIAA ~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: r' • APPLIATION FOR ANNEXATION APPROVAL & ZONING OR• REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION NIDAY'S SECOND ADDITION (PROPOSED oAApE OF SUBDIVISION) MERIDIAN STREET (BETWEEN MAPLE AVE. & CHERRY AVE.) • t l~rilVCiKAL LOCATION ) LOT 3 BLOCK 3 NIDAY'S SECOND ADDITION (LEGAL DESCRIPTION - ATTACH IF LENGTHY) EUGENE L. PETERS or JAMIE L. PETERS 208-888-1150 (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) 1323 NORTH MERIDIAN ST. (ROAD) MERTDIAN,ID. 83642 (ADDRESS) EUGENE PETERS 208-888-1150 (APPLICANT) (NAME) (TELEPHONE N0.) 1323 NORTH MERIDIAN ST. MERIDIAN IDAHO. 83642 (ADDRESS) (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) (ADDRESS) (JURISDICTION(S) REQUIRING APPROVAL) RESIDENTIAL AND COMMERCIAL (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) EUGENE L. PETERS r • 1323 NORTH MERIDIAN ST. (1)• MERIDIAN, IDAHO. 83642 208-888-1150 (2). PLEASE SEE COPIES OF PRINT REY OUTPUT 1996 MASTER UPDATE FROM ADA COUNTY RECORDERS RECORDS----ALSO SEE APRIL 1996 LETTER FROM SOURCEONE MORTGAGE CO. IN REGARD TO TITLEHOL- DERS OF SAID PROPERTY. (THESE COPIES ARE ATTACHED TO THIS DOCUMENT! ~3)• OKAY TO SKIP THIS REQUEST @ DEAN AT MERIDIAN PLANNING & ZONING OFFICE! (4). LEGAL DESCRIPTION OF PROPERTY AS FOLLOWS: LOT 3 BLK 3 NIDAY'S 2ND ADDITION (5). MERIDIAN ROAD RUNS NORTH & SOUTH ON THE EAST SIDE OF THIS PROPERTY---THE WEST SIDE OF IBIS PROPERTY HAS A ALLEY WAY RUNNING NORTH & SOUTH WHICH IS CITY PROPERTY! (SEE ATTACHED) (6). PRESENT USE:. SINGLE FAMILY HOME (7). PROPOSED USE: ANTIQUE, CRAFT, COLLECTABLE SHOP! (8). PRESENT DISTRICT: ZONED R-4 (9). PROPOSED DISTRICT: ZONED TO CC (10). OTHER BUSINESSES ZONED CC ALREADY IN THIS AREA! STREET TO SOON BE CONSTRUCTED TO RUN ONE WAY(SOUTH) THIS PERHAPS WILL MAKE THIS AREA INTO A LESS DESIRABLE HOME DWELLING AND MORE OF A COMMERCIAL TYPE SETTING.(LOOKING TO THE FUTURE). (11). THE EAST SIDE OF MERIDIAN ST.(ROAD) IS ALREADY ZONED CC AND SOME OF THE WEST SIDE IS AS WELL. I FEEL THIS PROPERTY WILL MARE A VERY NICE COMMERCIAL PROPERTY AND AS MERIDIAN GROWS THIS AREA WILL BE SEEKING TO BE CHANGED TO CC ZONING EVENTUALLY AS WELL. THIS AREA IS ALREADY FULLY DEVELOPED AND CHANGING TO ZONED AS CC WILL NOT MATTER IN ANY ADJACENT DEVELOPMENT ! (12). SEE ATTACHED MAg' (13). SEE THIRTY MAPS ATTACHED (14). SEE NAMES AND ADDRESS OF PROPERTY OWNERS: (15)• ??? (16). $4.00 CHECK ATTACHED (17). AFFIDAVIT WILL BE SIGNED • Description of Area for Zoning C1~ange for Beginning at a point which lies on the centerline of Meridian Street, 1135.8 feet South of the Northeast corner of Section 12, Township 3 North, Range 1 West, Boise Meridian, Idaho; thence N.89°50'W., 30 feet, to the northeast corner of Lot 3, Block 3 of Niday's Second Addition to the City of Meridian, Ada County, Idaho; and continuing N.89°50'W., along the north boundary line of said Lot 3, 120 feet, to its northwest corner; and continuing N.89°50'W., 8 feet, to the centerline of the alley running north-south through said block; thence South, along said centerline, 64 feet; thence S.89°50'E., 8 feet, to the southwest corner of said Lot 3; and continuing S.89°50'E., along the south boundary line of said lot, 120 feet, to its southeast corner; and continuing S.89°50'E., 30 feet, to the centerline of Meridian Street; thence North, along said centerline, 64 feet, to the point of beginning. The bearings and distances in the foregoing description are based solely upon the 1946 plat of the aforementioned Niday's Addition and not upon any recent survey or measurements and are meant to encompass only the aforesaid Lot 3 and the east half of that portion of the alley adjacent to its west boundary and the west half of that portion of Meridian Street lying adjacent to its east boundary and no more or no less. I • • Print Key Output 5763SS1 V3R1M0 940909 S1021486 Display Device APTEST User ASR WENTZ PFMD01 96 MASTER UPDATE Parcel 86066010095 Code Area 03 Type Qty Name PETERS EUGENE L & JAMIE L 200 .170 410 Buyer 990 C/0 Address 1323 MERIDIAN RD MERIDIAN ID 83642 - 0000 Last Change 96/05/13 By ASR2_DIXIE Total Legal LOT 3 BLK 3 MERIDIAN NIDAYS 2ND ADD #96029596 Page 1 08/13/96 09:33:09 8/13/96 9:33:08 Value ACTIVE 16000 50300 Bank Code SOM 25150- Lien Code Prepaid L.I.D. Bankrupt Sub.Code Annexation *NO 41150 Exemption M13580030030 3N 1W 12 Hardship 65 0 Property Zoning R-4 Flag Address 01323 N MERIDIAN RD MERIDIAN ID 83642-0000 D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: FZ=Select F3=Exit FS=Corrected Notice F6=Letters FB=Assoc Address F11=Deed P~tiC. ` I ' ` ~~~p0 ~N~ PSSN. a~Q`~,NN ~`'° P Pv~ ~ 3 1e~T~a-r-~r,, ~ i I ,~ _. MAPLE 1 1 (tee 0 ~ G ° ~~~ ~' ~ ` ~ ~----J C: AVE ~ ~` \ ---- ..__ . ~~ 6, o _ _ d AQ~ PC~ 8o£s`. •, ` .,~ -- , - j'1 i _. ..~___. ~~.. _~JGAUgE ,.: o ~: .: ~r.4- 0 _ ,.- _ ..y ..~ .. ....... .._ .. ...__..~ ~i ~~ _ ~o ~:_ _.. _. _t3~ ~~ ~ Y .. .__ __.. -. ~._ r1 _. .. _--- ~~ a-2- Z ?. . s .o t ~- .. ~ 1 _ 3' "' (~ lV7 r I -2'~- _ _. _ 'Q'- , - r -- ~ a~ ' ~ u: ~ -- ~- - T-, - ~" _i I ~ ~ WgSNiN('.70N STS ._ • ~ I T ' -r-;-- - _~-. -,~ I R I g'~L__.._.._ .. _ ~ _ _.' $ CARLTO/~ f7V,E. j _ 8 ~' I `sue o ~ I i ~ ~ ~ , ; N I C p .. .I t_,_~ I4~.~__.~_l.i_; i ~ _~ ~ (I i v `«, I ~ i ,t ~ I ~~i ~ I i i_ I~ I i I~ ~.._l~ ~' ~ ,~ 9~ ~! N^ .•~ ~/NE ---- ... Zp ~ _.~.._.. ... __...___.__._~ I ~ I 9, I I ~ ,~ ., I,; ~ ~IJ t ' _L_.t.~._ . LL_i .:_.i.11.1.~ 3 I I I I t~ SourceOlne • Mortgage Services Corporation APRIL 17, 1996 27555 Farmington Road Farmington Ililis, !NI 483.i~1-335'1 Iltilr~~llrrllrr~ltil~ililrrlrlrrlrltlltrtll~~r~ltl~tllr~ll~rl EUGENE L PETERS RE: SOMSC # 1064728-7 JAMIE L PETERS 1323 N MERIDIAN RD 1323 N MERIDIAN RD MERIDIAN, ID 836420000 MERIDIAN, ID 83642-2266 Dear EUGENE L PETERS AND JAMIE L PETERS: We have ~olT~plied with your recent request and have adjusted our records to show the titleholders of the above property as: EUGENE L PETERS JAMIE L PETERS If we can be of further assistance, or you have ger-eral questions concerning your account, please contact our Clastomer Sere~ice Department in writing or phone at: Source One Mortgage Services Corporation 27555 Farmington Road P.O. Box 1800 Farmington Hills, MI 48333-1800 Toll Free: 800-736-6006 Direct Dial: 810-488-5409 We look forward to serving you throughout your years of home ownership. Sincerely, BETH GENTILE Mortgage Adjustments Department 000204 USER121 OO1B Meridian City Council January 21, 1997 Page 33 Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that we adopt Ordinance #751 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -1Fea/~S~ MOTION CARRIED: All Yea ITEM #6: ORDINANCE #752 -EUGENE PETERS REZONE/C-C: Corrie: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING AND CHANGING THE ZONING OF CERTAIN REAL PROPERTY IN THE CITY OF MERIDIAN WHICH IS DESCRIBED AS THE BEGINNING OF THE POINT WHICH LIES AT THE CENTERLINE OF MERIDIAN STREET 1135.8 FEET SOUTH OF THE NE CORNER OF SECTION 12, T.3N. R.1 W, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. This is the rezone ordinance of Eugene Peters, is there anyone from the audience that would like to have Ordinance #752 read in its entirety? Hearing none I will entertain a motion on Ordinance #752. Bentley: Mr. Mayor, I move we adopt Ordinance #752 with suspension of rules. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to adopt Ordinance #752 with suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma - Fee ~-bSeh-f MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING CONTINUED FROM JANUARY 7, 1997: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE SUBDIVISION N0. 7 BY STEINER DEVELOPMENT: Corrie: At this time I will ask the developer or his representative to come to the stand. Steve Bradbury, 300 N. 6t'' Street, Boise, was sworn by the City Attorney. Bradbury: Thank you Mr. Mayor and members of the Council, we had delivered to you on Friday a package of materials which the Council requested iwo weeks ago when this matter was taken up. What you have and I assume that you all have something like this, it starts out with something on my letterhead. What we have got and what we submitted to you were the written comments, written responses excuse me to staff comments and that is the first document you have there. Then behind that are the restrictive covenants or proposed restrictive covenants which would be applicable to Meridian City Council 'January 7, 1997 Page 20 Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to have the City Attorney draw up the ordinance, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO C-C FOR AN ANTIQUE, CRAFT AND COLLECTIBLE SHOP BY EUGENE PETERS: Corrie: At this time I will open the public hearing and invite the representative from the Antique, craft and collectible shop. Eugene Peters, 1323 N. Meridian Street, Meridian, was sworn by the City Attorney. Peters: Mr. Mayor and Councilmen, upon meeting on November 8`h with the Planning and Zoning Commission we have agreed to and are in the process of drawing up plans right as we speak, detailed plans in regard to the parking in the back of this property. We have agreed to do our best to comply with the lighting and so on. As I get these plans drawn up I will submit them to Shari in the office to where we can make sure they are approved. .Because of the time of the year of course we haven't stepped forward and gotten very far on this. It has been under snow and everything else but we met with Ada Asphalt in regard to measuring and doing things like that as far as how we vrrould pave it. I plan on getting an engineer in there to come up with or help us agree on a design for the drainage and to make sure it drains on our own property. ~As far as lighting goes, I think I know what I have to do there and I will make sure that with going through Shari again there. I think I just have to put a small light in the back so it doesn't interfere with the neighbors. In regard to one of the Council or Planning and Zoning Commissioners had a concern about turning around. I have measured all of that out and like I say I don't have the drawing exactly together yet but there will be plenty of turn around room back there once I move that fence forward. The alley way is now 15 feet wide and they have requested going 12 feet wide with paving. Then where my property starts I am going to push that fence to the east to where we will have a 44 or 45 foot area in the back. It will be very similar parking arrangement as the All State Insurance company up the street. They have their full back yard paved. This, you have to come in past one of our other neighbors to get to it but there will still be room to get in and turn a car around rather easy and go back out. It would sure be nice if the City would pave that alley for me. Anyway, that is kind of where it stands at this time. Corrie: Council, any questions? Thank you, anyone else from the public that would like to enter testimony on this project? Kent Kampuson, 1304 W. First Street, Meridian, was sworn by the City Atton~. Meridian City Council January 7, 1997 Page 21 Kampuson: I just received the paper in the mail that said they were wanting to rezone that. I own the house that is across the alley on the corner there. My main concern was, we bought our house there in a residential district and you drive down East First Street now and all of those houses have turned into businesses and stuff. What is it going to do to my property that I bought to be a residential house that gradually now all of these on Meridian Street get turned into businesses and paved and my alley gets paved. Right now it is a very quiet street, it is basically where it is closed off there with the school we have very little traffic. My kids can ride their bikes and stuff. What is going to happen when we start rezoning and getting businesses all over across the alley from my house there, what is that going to do to that. I just wanted to say something about it. And wondered if that was really something, it is no# something that I .see as a desirable thing in the subdivision that I belong in. I just would ask that Council would consider that as they consider this rezoning change. Corrie: Questions of Council? I have one question, you say you just got the notice? Kampuson: We received it here a couple of weeks ago. Corrie: All right, thank you, anyone else from the public that would (ike to issue testimony at this time? Peters: I certainly understand my neighbors concern on that. This particular business, how do I put it, I don't anticipate it to be something like an Albertson's. This is something that kind of is going from a hobby to a business. It is something that isn't going to draw your everyday shopper just stopping there for any parti~lar reason. This will be something that you won't get everyone off the street in other words that is interested in stopping at this particular type of business. At that point too, or also we have parking in the front, the only reason that Planning and Zoning wanted me to pave the back part was for additional parking. This street is eventually as everyone knows is going to run south. I don't know when that is going to happen, it is going to run south one way. Many of the area residents are already zoned commercial. ©ther than that I certainly, that is just my view point on that. I certain understand neighbors, I am a neighbor that loves a quiet neighborhood myself. I think though in alf honesty paving that alley will improve that alley more than do harm to it because that alley is kind of a mess (inaudible). I really don't know how much traffic we will get ~ that alley but anyway, thank you. Morrow: Mr. Mayor, if I might comment to Mr. Peters with respect to the one way grid system that you are referring to. That study is going on this fiscal year with ACRD, I think the contract if very close to or has been let to do that study. So we should see some results of that by mid-summer or late summer so that process is an on going process. Mr. Mayor, I also have a hypothetical question for Gary, trying to be sensitive to the comments here is-there any reason that these properties need to access the alley, paving the alley makes some good sense but do these properties that are along Meridian City Council `January 7, 1997 Page 22 there need to have access to the alley so that cars drive up and down the alley. If the parking behind this building is intended for additional parking can it not enter and exit by the front entry way and not have access to the alley? Smith: Shari, mentioned, Councilman Morrow, Mayor and Council, Shari mentioned that was a Highway District requirement, not City of Meridian's. The properties on East First Street that have a commercial use enter and exit off of East First Street. But there isn't an alley there. Morrow: Let me ask the question from a different standpoint, there is an alley there but we have historically where hasn't been an alley we have had a requirement for landscaping and fencing and stuff like that to separate residential from commercial areas. How does that apply in this case where there is an alley present? What serves as the buffer to the residential uses, the obviously the stuff that is to the west side of the alley is going to remain residential. The neighbor makes a good point, how do wee protect his property value in terms of a buffer zone where there is an alley involved? Smith: I think the buffer zone, Shari probably should speak to this but I think the buffer zone is more intended as a to be located on the property line. That would shield activity on the property from adjoining property. Whether it would be an alley which is a public right of way, platted public right of way, or a street which is a platted, public right of way, I think the buffering is still a property line situation. That alley, you really can't and obviously the improvement of the alley is going to increase the use of the alley. But it is a public right of way, it is not restricted. If the Highway District is saying this is a requirement from their standpoint because I guess they are envisioning this is going to be an access to this parking area, I am not familiar with the parking plan if there is one that has been submitted. So I don't know what it looks like as far as access to Meridian Street is concerned. Morrow. Could 1 have Shari's comments on the same issue? Stiles: Councilman Morrow, you are asking about the buffering for the adjacent residential property? Morrow. Yes, if you are going to put, Gary raises a good point, if you are going to put landscape buffering as per our ordinance on the applicant's property then if you are doing that all the way across, that would preclude access to the alley would it not? Stiles: If they were doing that for the full length of the properly. There is an existing access from the alley now? Peters: There is at this time, the fence is jogged back there to where you can park an RV a long RV and I do have a truck back there part of the time. But that is all going to get pushed forward. If there was a buffer put in other than, of any kind now of cause Meridian City Council January 7, 1997 Page 23 then wouldn't be able to use that as a parking area. if it was to stay. on our property, I take it what you mean is like a berm or fence or a row of trees or whatever then of course it wouldn't be accessible. As far as the alley goes, other than myself I do see other vehicles in there including City of course garbage and patrol now and again we see go through. Not a whole lot of use at the moment. Morrow. Well that is what it is used for (inaudible) Stiles: The only reason I can think that Ada County Highway District made that requirement is that they visited the site and saw that there was an access there and expected that access would continue to be used. Morrow. Let me ask the question in this manner then. If we are going to follow our ordinances and have that required buffering there which is typically a landscape and or fence or both then there would be no access from this property to that alley way is that correct? Stiles: I don't think that is necessarily true because in the past there have been planting strips that you have to .have access to the property to make it work. If they don't need that access to make this work I don't see any reason why they would even need to pave the alley at all if they don't need it to make the project work. But you can't expect somebody that needs to use that access to have any planting strip across the access. Morrow. Then how do we comply with our ordinance as to have a buffer between residential and commercial uses? Stiles: It would be difficult in that particular area. I haven't been out and looked at the site except for Meridian Road. I haven't gone down the alley. Peters: Mr. Mayor, I can answer that perhaps. All of the surrounding property is now fenced with a 6 foot fence, everyone has wood fence in that area, including my neighbor in the back, neighbors directly to the back of us. Morrow: I think Mr. Peters we are talking about theoretically here how to solve the problem long term for other properties. Maybe a solution is self evident when the road becomes one way and one direction. Then maybe there is no need for access to the alleyway by any property that might have commercial property. Therefore we can buffer and protect property owners to the west the full length by not having any access to that alley way. My concern is that the neighborhood allow or have a chance to be a neighborhood. Thank you Mr. Mayor. Corrie: Any further testimony? Morrow: Mr. Mayor, I think Mr. Smith has a point that he wants to bring up. Meridian City Council January 7, 1997 Page 24 Smith: Mr. Mayor and Council members, I just wanted to make a clarification on something that was said by the applicant earlier concerning the future of Meridian Street. There is an RFP out, request for proposal from the Ada County Highway District at this time for an engineering study of a couplet through Meridian of which Meridian Street would be one leg. There- has been no determination how that is going to happen. Morrow. That was the point that I was making earlier too that proposal is in this budget year for ACHD for the study only. {Inaudible) Corrie: Thank you Gary, any more questions from Council? Hearing none I will close the public hearing. We have findings of fact and conclusions as prepared for Planing and Zoning for your consideration. Morrow. Mr. Mayor, I think for point of discussion, I don't have any problems with the findings of fact and conclusions as they are written, I would like to see us maintain the buffer zone along the property line and the fence and no access to the alley way. If that is supported by the other Councilmen then I would offer a motion to approve the findings of fact and conclusions as prepared for us by P & Z with the amendment that staff and the applicant work out the landscape buffering and fencing as it relates to the alley way. Bentley: Mr. Mayor Rountree: is that for Discussion? Morrow. That is for discussion. Corrie: Is that a motion? Morrow. It is not a motion per say, it is for discussion. Corrie: I too fail, if there is no need for having that access I can't see following their requirement because I too feel the gentleman needs to have as much buffering as he can. I think if we starting paving that alley we are just going to increase the traffic on it. Rountree: Page 6 of the findings, item 10 actually species that the applicant shall meet our ordinances including landscape requirements. Which is my understanding would include the buffering requirement. So if we just want to restate that and indicate that it will be worked out with the staff, just an emphasis area I guess to be sensitive to the testimony that we have heard. I would add to what you said Walt that we possibly amend the findings to include the testimony we received tonight from the property owners. Meridian City Council January 7, 1997 Page 25 Morrow: I guess that and I am in agreement with what you are saying, I guess my concern was that there seemed to be some confusion certainly in my mind and the staffs mind when you have an alley way what constitutes the landscaping requirements and buffer and so on and so forth. So, for purposes of discussion maybe specifically incorporate language (inaudible) that covers our intent here. Rountree: I have no objection, I think that vuould be a good clarification. Corrie: Who would like to make the amendment to the (inaudible) Morrow. Mr. Mayor, I would move that we approve the findings of fact and conclusions of law as prepared for us by P & Z with the amendment that the property line to the west be in conjunction with the alley way or adjacent to the alley way be landscaped as per, landscaped and fenced as per the City ordinance and that there be no access the alley way by vehicular traffic. And to remove the requirement for the pavement of the alley way. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley, is there any further discussion? Roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea Corrie: Entertain a motion on the decision? Morrow. Mr. Mayor, the City Council of the City of Meridian hereby grants this rezone, the approval of this rezone requested by the applicant for the property described in the application with the conditions set forth in these findings of fact and conclusions of law as amended. That the property be required to meet the water and sewer requirements, the fire and life safety code requirement, uniform building code requirements, and other ordinances of the City of Meridian including that all parking areas shall be paved and the buffer zone and alley way issue be resolved by staff. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the decision as written plus the buffer zone addition to the decision, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Meridian City Council ' 'January 7, 1997 Page 26 Morrow: Mr. Mayor (inaudible) instruct the City Attorney to prepare an ordinance for the zone change from R-4 to C-C for an antique, craft and collectible shop by Eugene Peters. Rountree: Second Corrie: Motion made by Mr. Morrow second by Mr. Rountree to have the City Attomey prepare an ordinance for the zone change, any further discussion? All those in favor? Opposed? . MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #10: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR THE LAKE AT CHERRY LANE SUBDIVISION NO. 7 BY STEINER DEVELOPMENT: Corrie: At this time 1 will open the public hearing and ask if a representative from Steiner Development would like to speak first. Steve Bradbury, 300 N. 6t" Street, Boise, was sworn by the City Attorney. Bradbury: Mr. Mayor and members of the Council my name is Steve Bradbury, I have been asked to represent Steiner Development tonight. What you have before you 1 guess technically on the agenda is an application for a conditional use permit for a planned development fora 60 unit senior living development. You also have a preliminary plat which is the next item on the agenda. In order to save time I am going to try to go through everything at one time and just incorporate my comments into the record for the second one. This is the last of a multi-part development project on what was Mr. & Mrs. Teters 40 acre parcel over on Ten Mile Road In order to orient you, you might get behind tab 1 in the booklet that we passed out and pull out this color coded map so we can give you an idea of where we are. The colored portion of that map is the entire 40 acres and what you will recall you have approved in the past is the, in the westerly well a little over half of the property is a single family detached residential subdivision which is partly an R~ zone which is in pink and partly an R-8 zone which is in blue. You have also previously passed upon and approved a single family detached single living subdivision or area of the subdivision which is shown in yellow. That is in the southeast quadrant. The parcel that we are talking about here tonight is the northeast quadrant of the 40 acres and is shown in orange on this map and the rest of the Lake at Cherry Lane Subdivision is of course also shown on the map. Hopefully that gives you an idea of just where we are. Now you will probably also recall that the concept for this project the entire project was to provide a variety of housing choices in a single planned area. What we have is we have traditional single family detached dwellings on 8,000 square foot lots, that is in the R-4 zones. Some MERIDIAN CITY COUNCIL MEETING: January 7,1997 APPLICANT: Eugene Peters ITEM NUMBER; 9 REQUEST: Request for a rezone from R-4 to C-C for an antique, craft and collectible shop AGENCY GOMMENTS CITY CLERK: Minutes from 11-12-96 CITY ENGINEER: See Attached Comments CITY PLANNING DIRECTOR: See Attached Comments CITY ATTORNEY: Findings of Fact and Conclusions of Law CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: "Reviewed" See Attached Comments ply ~ ~ kur`"x ~~~ G~~~T UQ~""~~ c ~`-~' ~,, ~~~ ~R ~ ~P P wQ , ~o~"~ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: See Attached Comments See Attached Comments 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 November 12, 1996 Page 12 Johnson: We have a motion for the City attorney to prepare findings of fact and conclusions of law on item 9, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Does anybody have any idea what we did here tonight, or have a question about what we did? This is the first step, findings of fact will beat our next meeting on December 10 and then if those are approved it will move directly to the City Council and you will have another opportunity to talk to them on a public hearing. ITEM #10: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO C-C FOR AN ANTIQUE, CRAFT AND COLLECTIBLE SHOP BY EUGENE PETERS: Johnson: I will now open the public hearing and ask Eugene Peters or his representative to address the Commission. Eugene Peters, 1323 N. Meridian Street, was sworn by the City Attorney. Peters: Pretty much what I submitted is what we have been planning. Basically the property at 1323 N. Meridian Street the east side of this street, the entire east side is already zoned C-C. Eventually the entire street we understand is going to run south on a one way basis. Perhaps over the next few years, I am not really sure exactly when. But we as owners, or we are in the process of buying the home have considered this option of changing it to rezone it to be for business and we have stepped forward rather slowly in deciding what we want to do with it. We are just in the process of making these plans as we are standing here. We have received all of our papers like for the requirements I mean from Ada County Highway district, what they would require in regard to parking in the back. We have agreed with them to pave and make a parking lot out of the back off of that alley way. Therefore there wouldn't be any gravel or dust problem. As well as, I just received today, we have been out of trwn for a couple weeks, but I just received from City of Meridian this morning the requirements from Planning and Zoning from you folks. I went through them and I am seeing what we have to do there in regard to striping that parking lot as well as putting in handicapped. We certainly would do our, best to abide by that. I have talked with neighbors I don't know if I have any neighbors that have any concerns on this or not. I have talked with most of them. I guess that is pretty much it other than what you have on paper. I don't have a chart or map or anything, I have never done this before (inaudible) didn't know what I was supposed to bring in. That is probably pretty much it what you have in front of you. Johnson: Thank you, any questions of the applicant from the Commission? ~ ~ Meridian Planning & Zoning Commission November 12, 1996 Page 13 Borup: Just one, you said you did review the comments from Mr. Freckleton and Ms. Stiles the 14 items? Johnson: That is the letter of November 8. Peters: Am I holding the. right one up? Borup: Turn the page, and you had no problems with any of those items? Peters: Well I probably will have a couple of questions in regard to the requirements there on number 11, the drainage plan. You are wanting an architect or an engineer to draw that up. I don't know if you would accept, that is something I guess we would have to discuss but the fellow that I have that I was planning on using to put in the pavement that parking lot, he is familiar on where to drain it and all of that. But if that isn't going to be accepted then we will have to go through (inaudible). Johnson: The reference there is to an ordinance that requires that. You need to talk to our people about that. Peters: Okay, that is what I had a question on, I didn't know that Oslund: Number 11 falls under the general category for the (inaudible). Peters: Underground sprinkling is already in that we can make work. I think the rest of it we are pretty much, you know understand. The last item, number 14, all lighting shall meet the City requirements, we will find out what that means. I think it is probably just one light in the back there or something. Who would I contact on these questions in the future? Johnson: To start with Shari Stiles and if she doesn't have an answer she will direct you to the right people, but Shari Stiles is who you need to talk to. MacCoy: Since you said you read this material do you have any problem with item 3 on there. I had some concerns and submitted those as what I considered a problem to do since I have been out there and looked at your place. It is a single driveway it runs back at the side of the house there and I don't know how big your back yard but I am worried about turning a car around. Peters: Okay, you know how the area recesses in the back, that fence will come out all the way to my neighbors property. Then in the back yard itself there is a slope in the back that goes probably 28 feet from where the fence now sits. So actually from the center of that from the center of the alley way I am going to guess roughly 35 feet. That would all be Meridian Planning & Zoning Commission - November 12, 1996 Page 14 paved and it would be paved entirely over to, between the two fences. So there would be plenty of room to actually turn quite a large rig back there. MacCoy: You are going to submit a plan here so that we can (inaudible) it is a very small area I am really concerned about the (inaudible) Peters: The alley way is very small, it is like, the Ada County, they are requiring 12 feet wide of pavement that is actually the narrowest part, the rest will be, once that fence is out and pushed forward it will all be plenty wide. But we will certainly do our best to submit to you what you have in mind there. MacCoy: Do you plan for a lighted sign? Peters: I haven't really decided that yet. MacCoy: You are aware that you will have to bring that in here anyway as part of our sign ordinance. Peters: Yes I am, I have looked at some of the signs on First Street like the Red Door and the one next door to it. I have kind of, I haven't really put the cart before the horse there yet but we kind of looked there to see what they had up and we thought we would do something similar. MacCoy: That is all I have. Johnson: What is, it is probably here but I didn't pick up on it. What is the total square footage of the structure? Peters: The total square footage is 1950, 1900 I would say. Johnson: Since you are also going to maintain a residence there what portion would actually be used for that, what percentage would be used for the business? Peters: Probably half and half, I have a full basement in the house. If this flies if this will go the way we would like to see it go over a period of time we will move out and make it strictly a business. Johnson: Thank you, any-other questions? This is a public hearing, anyone else here this evening to address the Commission on this application? Anybody have any further discussion? If not I will close the public hearing at this time. What is your pleasure? Meridian Planning & Zoning Commission - November 12, 1996 Page 15 Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law on this. Oslund: Second Johnson: We have a motion for the City Attorney to prepare findings of fact and conclusions of law on item 10, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: We will review those December 10 and then it will go onto the City with the same procedure there will be another public hearing. ITEM #11: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A NEW/USED R.V. SALES/SERVICE FACILITY BY ZAMZOWS: Johnson: I will now open the public hearing, is the applicant or his representative here, they are both here. Steve Bradbury, 300 N. 6th Street, Boise, was sworn by the City Attorney. Bradbury: Mr. Chairman and members of the Commission my name is Steve Bradbury as Mr. Crookston has already indicated and for those of you who don't know me and I guess it is only Mr. Borup who I haven't met in the past, I am an attorney. I have been asked to represent Zamzows in connection with this application. What you have before you is an application actually to expand an existing conditional use permit for a new and used recreational vehicles sales and service facility that is presently located down here on East First Street at the site of the old Meridian Ford property. So that you know, it has been a little confusing at least to some people about what part we are talking about" The site we are talking about is bounded by East First Street on th3 east and by Meridian Road on the west and by Les Schwab Tires on the south. Then it goes up to where that residence is on the north that is on East First Street and stops there and goes bads. Apparently Meridian Ford used some other property which was behind that residence and further to the south. That property is not included in this application. The property that is in this application consists of about 3 acres more or less, maybe a little more than that. It, what we are doing here or asking for is to expand the conditional use permit that was previously granted which consisted of I am going to say I am going to guess about an acres worth maybe a little more than that acre maybe an acne and a half. Now that original conditional use permit was filed bads in March and it was filed under the name Advantage Auto Sales, you probably remember that one. That was intended to be an automobile sales and truck and automobile sales lot. The hearing was held before this Board I guess in May, I wasn't • ~ COUNCIL MEMBERS OFFICIALS HUB OF TREASURE VALLEY WILLIAM G. BF_RG, JR., City Clerk A Good Place to Live WALT W. MORROW, President TOLSMA RONALD R JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN . BENTLERYEE C GLENN R BRUCE D. STUART, Water Works Supt. . JOHN r sHAwcROFr, waste water supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 TIM HEPPER W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY MEMORANDUM: Mayor TO: Planning and Zoning Commission, Mayor and Council FROM: Bruce F reckleton, Assistant to City Engineer Shari L. Stiles, Planning and Zoning Administrator DATE: November 8, 1996 SUBJECT: Rezone Request from R-4 to C-C at 1323 North Meridian Road by Eugene and Jamie Peters Applicant is requesting rezone to allow use as an antique, craft and collectible shop, while maintaining use as a residence. A development agreement should be required as a condition of rezone per City Ordinance Section 11-2-416.L. Although the site is currently attractive and well-maintained, future owners may not have the same standards. 2. A Certificate of Occupancy must be obtained prior to use of the building for commercial use in accordance with City Ordinance Section 11-2-421. A detailed, scaled site plan showing all parking and loading areas, traffic access and traffic circulation, lighting, open spaces, landscaping, refuse and service areas, utilities, signs and yards should be submitted for review and approval prior to obtaining a Certificate of Occupancy. 4. All signs are subject to design review; Applicant is to obtain a sign permit for all signage. Sanitary sewer and water services for the proposed site are existing as single services to the building. The building owner shall be responsible for City billings and will be required to enter into an Assessment Agreement with the City of Meridian prior to obtaining a Certificate of Occupancy. 6. The applicant shall be required to pay any additional sewer, water and trash charges or fees, if any are required. M • P&Z Commission/Mayor & Council November 8, 1996 Page 2 7. As Meridian Road is identified as an entrance corridor in the Meridian Comprehensive Plan, careful attention must be paid to the landscaping of this corridor (berming, trees, sod, etc.). A minimum 20-foot landscape setback beyond required right-of--way should be required as a condition of rezoning. 8. All landscaping is to be provided with an underground sprinkling system. 9. Applicant is to dedicate necessary right-of--way on Meridian Road to the Ada County Highway District. Provide copy of recorded warranty deed prior to obtaining Certificate of Occupancy. 10. Parking and striping shall meet the requirements of Meridian City Ordinance. All parking areas are to be paved (no gravel) and striped. Handicap parking spaces are to be provided in accordance with the Americans Disabilities Act. Other parking stalls are required to be 19' deep with a 25' driveway. 11. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 5 5 7, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 12. A minimum of one 3" caliper tree is required for every 1,500 square feet of asphalt. 13. Buffering of adjacent residential properties is required (fencing and landscaping) per City Ordinance 11-2-410.B.3 and 11-2-414.D.2.c. 140. All lighting shall meet the requirements of City Ordinance Section 11-2-414.D.3. MERIDIAN PLANNING & ZONING COMMISSION MEETING: December 10.1996 APPLICANT: EUGENE PETERS AGENDA ITEM NUMBER: 7 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE REQUEST AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT : MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ~ Gu J~ ~ ~ r ADA COUNTY HIGHWAY DISTRICT: ,,~ ~ ~ ~ ~~ I ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: 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. BEFORE THE PLANNING AND ZONING CO1+II~IISSION OF THE CITY OF .MERIDIAN REZONE R-4 RESIDENTIAL TO C-C COMMUNITY BUSINESS DISTRICT EUGENE PETERS 1323 NORTH MERIDIAN STREET MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS The above entitled matter having. come on for public hearing November 12, 1996, at -the hour of 7:30 o'clock p.m., the Petitioner, Eugene Peters, appearing, 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 Rezone Application was published for two (2) consecutive weeks prior to the said public hearing scheduled for November 12,-1996, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 12, 1996, hearing; that the public was giver full opportunity to express comments and submit evidence; and that .copies of all notices were available to newspaper, radio and television stations; 2. That this property is on Lot 3 Block 3 Niday's Second Addition between Maple Ave. and Cherry Ave. and is located within FINDINGS OF FACT AND CONCLUSIONS OF LAW-- EUGENE PETERS -- REZONE 1 the City of Meridian and which property is described in the application which description is incorporated herein; the Applicant is the owner of record of the property; that the property is currently zoned R-4; that the Applicant is requesting a rezone to C-C Commercial Business District; that the property is within proximity of existing homes and commercial districts; that the proposed commercial request is consistent with the growth pattern of Meridian. 3. That the Applicant stated in the Application that this proposed zoning amendment would allow for a antique, craft and collectible shop; that the plan for parking, signs and landscaping would meet all City Ordinances. 4. Eugene Peters testified before the Commission that the adjacent property is already zone C-C; he agreed to do parking and paving; that he did receive the City's comments; he had questions on those comments regarding the drainage plan; that the under- ground sprinkling was in; and that he would work item number 14 of the comments. 5. That the proposed zoning amendment is consistent with the Meridian Comprehensive Plan. 6. That the property is presently zoned R-4, Low Density Residential; that the Applicant's propose a rezone to C-C, Commercial Business District; that a antique, craft and collectible shop is a permitted use in the C-C District. 8. That the C-C District is described in the Zoning FINDINGS OF FACT AND CONCLUSIONS OF LAW-- EUGENE PETERS -- REZONE 2 Ordinance, 11-2-408 B. 9. as follows: (C-C1 Community Business District• The purpose of the (C-C) District is to permit the establishment of general business uses that are of a larger .scale than a neighborhood business, and to encourage the development of modern shopping centers with adequate off-street parking facilities, and associated .site .amenities to serve area residents and employees; to prohibit strip commercial development and encourage the clustering of commercial enterprises. All such districts shall have direct access to a transportation arterial and collector and be connected to the Municipal Water and Sewer systems of the City of Meridian. 9. That Commissioner MacCoy submitted comments regarding his concerns over cars turning into Meridian street; that he would require the Applicant to submit plans to the City regarding the parking, paving and removal of the fence. 10. The Applicant stated that the structure is 1,950 square feet; that 1/2 of the structure would be used for business purposes; the plan is to eventually use the remaining square footage for business. 11. That any comments submitted by the Planning and Zoning Administrator or from the Engineering Department shall be incorporated herein as if set forth in full. 12. That there was no other testimony heard. 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 Applicants' property. FINDINGS OF FACT AND CONCLUSIONS OF LAW-- EUGENE PETERS -- REZONE 3 L_J 2. That the City has the authority to take judicial note of its own ordinances, other governmental statutes and ordinances, and of actual conditions existing within the City and State. 3. That the City of Meridian has authority to place conditions upon granting a zoning amendment. 4. That the City has judged this Application for a zoning amendment upon the basis of guidelines contained in Section 11-2- 416 of the Revised and Compiled Ordinances of the City of Meridian and upon the basis of the Local Planning Act of 1975, Title 67 Chapter 65, Idaho -Code, the Comprehensive Plan of the City of Meridian, and the record submitted to it and the things of which it can take judicial notice. 5. That 11-2-416 (R) of the Revised and Compiled Ordinances of the City of Meridian sets forth standards under which the City shall review applications for zoning amendments; that upon a review of those requirements and a review of the facts presented and conditions of the area, .the Planning and Zoning .Commission specifically concludes as follows: (a) The property is in an area where commercial and office uses are likely to desire to locate and many of the properties in the area have been rezoned to commercial. The new zoning should be harmonious with and in accordance with the Comprehensive Plan and no Comprehensive Plan amendment is required. (b) The property is on Meridian Street which is on of the busier streets in Meridian and where residential properties are being converted to commercial property. A rezone of the subject property is in line with that use. FINDINGS OF FACT AND CONCLUSIONS OF LAW-- EUGENE PETERS -- REZONE 4 • (c) The area around the property proposed for _ the zoning amendment is developed in a residential fashion but has had several properties rezoned. The new zoning of C-C Commercial should not be contrary to the other uses in the area. (d) There has been a change in the area which dictates that the propertg should be rezoned and the area is very likely, and is .being, developed in an office ar commercial. fashion. (e) That the property is designed and constructed to be harmonious with the surrounding area. (f) Commercial uses should not be hazardous or disturbing to the existing or future uses of the neighborhood. (g) The property will be able to be adequately served with public facilities and connection to municipal sewer and water is required. (h) Commercial uses should not create excessive additional requirements at public cost for public facilities and services and would not be detrimental to the economic welfare of the community. (i) The proposed use should not involve any detrimental activity to any person's property or the general welfare. (j) Development should not cause a significant increase in vehicular traffic and should not interfere with surrounding traffic patterns in that the property has good street frontage. (k) That this rezone will not result in the destruction, loss or damage of any natural or scenic feature of major importance. (1) The proposed zoning amendment is in the best interest of City of Meridian. 6. It is concluded that the comments, recommendation and FINDINGS OF FACT AND CONCLUSIONS OF LAW-- EUGENE PETERS -- REZONE 5 • requirements of Commissioner MacCoy will have to be met _~ild complied with, as will any comments submitted by the Planning and Zoning Administrator or from the Engineering Department. 7. That proper and adequate access to the property is available and will have to be maintained. 8. That as a condition of granting. this rezone, the Applicant shall meet, perform, and comply with all of the ~ representations made in the Application and at the public hearing, all documents submitted as part of this Application, all representations made by the Applicant, and Applicant's agents; that if the representations are not met, performed, and complied with the property should be rezoned to R-4; that as set forth in 11-2- 416 J., violations of the conditions of this rezone shall be, and are, violations of the Zoning Ordinance, and may be violations of other ordinances of the City of Meridian. 9. It is further concluded that the comments, recommendations and requirements of the Planning and Zoning Administrator and the City Engineering Department and all other governmental agencies shall have to be met and complied with. 10. That all ordinances of the City of Meridian must be met, including but not limited to, the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Electrical Code, the Fire and Life Safety Code, Mechanical Code, and all parking, lighting and landscaping requirements, and the lighting shall be done so that the adjacent residential structures are not effected. FINDINGS OF FACT .AND CONCLUSIONS OF LAW-- EUGENE PETERS -- REZONE • 11. That all requirements of these Findings of Fact ~d Conclusions of Law shall be met, the Applicant shall meet and comply with the comments and concerns of City Staff, the representations of the Applicant and its agents, and the Ordinances of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW-- EUGENE PETERS -- REZONE 7 • APPROVAL OF .FINDINGS OF FACT AND CONCLUSIONS - The Meridian Planning and Zoning Commission of the City of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER BORUP COMMISSIONER OSLUND COMMISSIONER SHEARER COMMISSIONER MacCOY CHAIRMAN JOHNSON (TIE BREAKER) DECISION VOTED_ VOTED_ VOTED VOTED_ VOTED The Meridian Planning and Zoning Commission hereby recommends approval of this Rezone requested by the Applicant for the property described in the application with the conditions set forth in these Findings of Fact and Conclusions of Law and that the property be required to meet the water and sewer requirements, the fire and life safety codes, the Uniform Building Code, and other Ordinances of the City of Meridian, including that all parking areas shall be paved. MOTION: APPROVED: ld~~ l~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW-- EUGENE PETERS -- REZONE 8 ~m 4~ WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. 80WERS, 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 Departrttent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEI' 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 will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 5, 1996 TRANSMITTAL DATE: 10/16/96 HEARING DATE: 11/12/96 REQUEST: Rezone from R-4 to C-C; antique. craft, collectible shop BY: Eugene Peters LOCATION OF PROPERTY OR PROJECT: Lot 3. Block 3 Niday's Second Addition 1323 North Meridian Street (between Maple Avenue and Cherry Avenue) JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, P2 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 OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM ~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES O„hiER: ` YOUR CONCISE REMARK . ~~~~~~ O C T 1 8 1996 CITY OF MERIDIAN ~~i~ ~ ~ .~v; • • I ~-~-- a s ~ ~ , __ _ 1 ~ 4 0 = I J~ 1 I s Y t • 6 t t • ~ 7 s ~ T r 1 ~; ~jF.N ~----- -------~ -------~-------1 l__ t -----~------- --------------J --------- OFFICIALS 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 VALLEY . A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAJC (208) 887-4813 Public WorksBuilding Depaztrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor 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 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERLDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: November 5, 1996 TRANSMITTAL DATE: 10/16/96 HEARING DATE: 11/12/96 REQUEST: Rezone from R-4 to C-C; antique craft, collectible shop BY: Eugene Peters LOCATION OF PROPERTY OR PROJECT: Lot 3. Block 3 Niday's Second Addition 1323 North Meridian Street (between Maple Avenue and Cherry Avenue) JIM JOHNSON, P2 MALCOLM MACCOY, P2 JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, 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 OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8r FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES /ou `~` ~ / OTHER: ~p YOUR CONCISE REMARKS: s o nyq ,4 s .4 2F Co r7,ES .4,~~ a y~ A- ~ r~ ~•~... cJ r f -h ~ Zorv ~ , CENTRAL CENTRAL DISTRICT HEALTH DEPAR'ITfENT •• DISTRICT Environmental Health Division ~'1f HEALTH RE~E~vED ^ Boise DEPARTMENT ^ Eagle Q C T 2 ~ 1996 ^ Garden city Rezone # - _ - ~ Conditional Use # CITY F NI IDIA~ Meridian ^ Kuna Preliminary /Final /Short Plat ^ ACZ f~-NT/ ~ dL L/l.~-tom /h'~ Gv%/~U /6 ~ S'/fv ~(/G~r~~ ~~ip ^ 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 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. ^ I I. ^ 12. ^ 13. ^ 14. 15. Street Runoff is not to create a mosquito breeding problem. 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. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ beverage establishment ^ grocery store /,c% vNDozsrs+ NO ~ a~ ~i s O/o.~J os ~~ ,S'~w/G,~2 . ^ child care center ~'~// Date: l ~ 1 '2~ / d'L Reviewed By: Review Sheet CDND 10/91 rcb, rev. I/95 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI 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 33 EAST IDAHQ MERIDIAN,IDAHfl83642 ~° ~~~~C1/7~ Phone (208) 888-4433 • FAX (ZOB) 887-4813 l::// JOHNSON, Chairman Public WorksBuilding Department (Z08) 887-22I1 O C TIM HEPPER Motor Vehicle/Drivers Licxase (ZQH) 888-4443 l• ~ C ' 19~ JIM SHEARER NAMPA $ MALCOLM MACCOY ROBERT D. CORRIE IRRIGATIONMpISTR' T Mayo TRANSMITTAL TO AGENCIES FOR COMMENT'S 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 yorar comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:_November 5, 1996 TRANSMITTAL DATE: 10/16/96 HERRING DATE: 11/12/96 REQUEST:.. Rezone from R-4 to C-C; antique, craft, collectible shop BY: __ Euaene Peters LOCATION OF PROPERTY OR PROJECT: Lot 3. Block 3 Niday's Second Addition 1323 North Meridian Street (between Maple Avenue and Cherry Avenue) JIM JOHNSON, P/Z MALCOLM MACCOY, P2 JIM SHEARER, P/Z GREG OSLUND, P/Z KEITH BORUP, 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 DEPART'vIENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM $ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT I~ECEw'E[~ ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH ~ ~ _ ; ~' ~ ~~~; ~AMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT~,IT`r Of ~rtEFilal~lly IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District has no comment on the above referenced app ication. Sincerely HUB OF TREASURE Y~LEY ~ COUNCIL MEMBERS A Good Place fo L,i~re WALT W MORROW, President RONALD R.TOLSMA CITY OF MERIDIAN C GLENN R. BENTLEY E NAMPA & MERIDIAN IRRIGATION DISTRICT 1 • APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions of Law on this ~ day of __ ~~~~'`-~~~- , 1 g~~ COUNCILMAN MORROW COUNCILMAN BENTLEY COUNCILMAN ROUNTREE COUNCILMAN TOLSMA MAYOR CORRIE (TIE BREAKER) VOTED VOTED (~,~i, VOTED VOTED VOTED (INITIAL) APPROVED DISAPPROVED FINDINGS OF FACT AND CONCLUSIONS OF LAW - ~~ Meridian Planning & Zoning Commission December 10, 1996 Page 11 Oslund: Second Johnson: Moved and seconded we pass the recommendation on as stated by Commissioner Shearer, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR REZONE FROM R-4 TO C-C FOR AN ANTIQUE, CRAFT AND COLLECTIBLE SHOP BY EUGENE PETERS: Johnson: Any discussion or changes or corrections to these findings of fact? And your pleasure is? Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission of the City of Meridian hereby adopt and approve these findings of fact and conclusions. Shearer: Second Johnson: Moved and seconded that we approve the findings of fact and conclusions as prepared, roll call vote. ROLL CALL VOTE: Borup -Yea, Oslund- Yea, Shearer- Yea, MacCoy -Absent. MOTION CARRIED: All Yea Johnson: Recommendation to the City? Oslund: Mr. Chairman, I move that the Meridian Planning and Zoning Commission hereby recommends approval of this rezone requested by the applicant for the property described in the application with the conditions set forth in these findings of fact and corx~usions of law and that the property be required to meet the water and sewer requirements, fire life safety codes, the uniform building code and other ordinances of the City of Meridian including that all parking areas shall be paved. Shearer: Second Johnson: Moved and seconded we pass this recommendation onto the City, a!I those in favor? Opposed? MOTION CARRIED: All Yea C~ Meridian Planning & Zoning Commission November 12, 1996 Page 12 • Johnson: We have a motion for the City attorney to prepare findings of fact and conclusions of law on item 9, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: Does anybody have any idea what we did here tonight, or have a question about what we did? This is the first step, findings of fact will be at our next meeting on December 10 and then if those are approved it will move directly to the City Council and you will have another opportunity to talk to them on a public hearing. ITEM #10: PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO C-C FOR AN ANTIQUE, CRAFT AND COLLECTIBLE SHOP BY EUGENE PETERS: Johnson: I will now open the public hearing and ask Eugene Peters or his representative to address the Commission. Eugene Peters, 1323 N. Meridian Street, was sworn by the City Attorney. Peters: Pretty much what I submitted is what we have been planning. Basically the property, at 1323 N. Meridian Street the. east side of this street, the entire east side is already zoned C-C. Eventually the entire street we understand is going to run south on a one way basis. Perhaps over the next few years, t am not really sure exactly when. But we as owners, or we are in the process of buying the home have considered this option of changing it to rezone it to be for business and we have stepped forward rather slowly in deciding what we want to do with it. We are just in the process of making these plans as we are standing here. We have received all of our papers like for the requirements I mean from Ada County Highway district, what they would require in regard to parking in the back. We have agreed with them to pave and make a parking lot out of the back off of that alley way. Therefore there wouldn't be any gravel or dust problem. As well as, 1 just received today, we have been out of town for a couple weeks, but I just received from City of Meridian this morning the requirements from Planning and Zoning from you folks. I went through them and I am seeing what we have to do there in regard to striping that parking lot as well as putting in handicapped. We certainly would do our best to abide by that. I have talked with neighbors I don't know if I have any neighbors that have any concerns on this or not. I have talked with most of them. I guess that is pretty much it other than what you have on paper. I don't have a chart or map or anything, I have never done this before (inaudible) didn't know what I was supposed to bring in. That is probably pretty much it what you have in front of ycu. Johnson: Thank you, any c~~~~~u~io-~s of the applicant from the Commission? MERIDIAN PLANNING & ZONING COMMISSION MEETING: November 12.1996 APPLICANT: EUGENE PETERS AGENDA ITEM NUMBER: 10 REQUEST; PUBLIC HEARING: REQUEST FOR A REZONE FROM R-4 TO C-C FOR AN ANTIQUE. CRAFT AND COLLECTIBLE SHOP AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~~G~~ ~~ ~~ REVIEWED SEE ATTACHED COMMENTS (~ ~j~y I ~" U~~ ~'` J' " C~ SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian.